Overview
During our audit period, the Massachusetts Rehabilitation Commission (MRC) did not ensure that it had written employment agreements for all individuals receiving its on-the-job training (OJT) services. We determined that 13 of the 75 individuals who received MRC’s OJT services did not have formal written employment agreements between MRC, themselves, and their employers.
If MRC does not ensure that all individuals receiving MRC’s OJT services have the required formal written employment agreements, it will not be able to ensure that the individuals’ employers meet all of the OJT requirements established by state regulations.
Authoritative Guidance
According to Section 6.07(12) of Title 107 of the Code of Massachusetts Regulations,
A formal written agreement between [MRC], the employer, and the individual [receiving OJT services] must specify the training to be provided, the duration of the program, and the hourly rate to be paid by the Commission to the employer for on-the-job training services.
Reasons for Issue
MRC had not established monitoring controls to ensure that it executed formal written employment agreements between MRC, employers, and the participating individuals or maintained these agreements in the individuals’ consumer records.
Recommendation
MRC should establish monitoring controls to ensure that it executes formal written employment agreements between MRC, employers, and the participating individuals and maintains these agreements in the individuals’ consumer records.
Auditee’s Response
MRC recognizes that general case management internal controls were insufficient to guarantee each On-Job-Training (OJT) participant had completed a separately maintained, formal written employment agreement in accordance with required procedures. MRC has implemented measures to ensure written employment agreements are completed for all individuals receiving its OJT services and will establish monitoring controls to ensure that it executes the required formal written employment agreements between MRC, employers, and the participating individuals. MRC will ensure it maintains these agreements in the individuals’ consumer records by establishing verification controls to ensure agreements with employers and participants are documented and are maintained. This includes:
- MRC will review its OJT Policy and Procedures and will create a checklist as a guide to all the OJT procedures including required documentation and record keeping related to the OJT agreement
- MRC will provide training on OJT to all [Vocational Rehabilitation, or VR] staff during an all-VR staff meeting to occur no later than April 2023. MRC will post the OJT policy and training materials on its intranet, “The BEAT” for future reference.
- Annually, MRC will randomly select and review 40% of cases with OJTs specifically to ensure cases have the required written employment agreement. These cases will be identified for review by Analytics and Quality Assurance (AQA). The list will be submitted to the District Directors by the Assistant Commissioner of VR, requesting a review and report of review findings.
Auditor’s Reply
Based on its response, MRC is taking measures to address our concerns on this matter.
| Date published: | January 6, 2023 |
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