Administering the Federal Highway On-The-Job Training (OJT)

Requirements

2018 AASHTO Civil Rights Conference

23 CFR § 230.111

• Identify the purpose of the on-the-job training requirements at 23 CFR §230.111

• Identify the characteristics of each approach to administering an OJT program

• Identify key program elements and procedures

Learning Objectives

• To address historical underrepresentation of minorities, women, and disadvantaged persons in highway construction

• To ensure that a competent workforce is available to meet current and future highway construction needs

Purpose of the On-the-Job Training (OJT)

Consistent with its equal employment opportunity and affirmative action obligations, Contractors are required to make use of recognized apprenticeship and on-the-job training programs to advance women, minorities, and disadvantaged individuals to full journey-level status in underrepresented trades; and

FHWA Form 1273 23 CFR § 230.111

Purpose of the On-the-Job Training (OJT) Cont.

“The training commitment is not intended, and shall not be used, to discriminate against any applicant for training, whether a member of a minority group or not.”

• Good Faith Efforts: If the timing and intensity of the Contractor’s efforts to recruit and place women, minorities, or disadvantaged persons were appropriate, however, unsuccessful, non-minority and non-disadvantaged trainees may be accepted.

Purpose of the On-the-Job Training (OJT) cont.

• Based on the State’s program of FHWA-assisted projects in each calendar year

• Each project is reviewed to determine its potential for training in terms of # of trainees and estimated training hours, using guidelines at 23 CFR § 230.111(c)

Setting the Annual OJT Program Training Goal

• Guidelines include consideration of:–Availability of minorities, women, and

disadvantaged persons in the project area;–Scope; duration of project; value;–Expected size of project workforce, and ratio

of journey-level workers (between 1:10 and 1:4)

• State submits its overall training goal to FHWA by January 30th annually via OJT Goals and Accomplishments Report

23 CFR § 230.111(c)

Setting the Annual OJT Program Training Goal

• Contract training goals are administered through the use of the Training Special Provision (TSP) under an approved program.

• Program types or approaches:– Contract-specific – Contractor-based– Hybrid

Administering On-the-Job Training

Types of On-the-Job Training Programs

Contract-specific Approach

• State DOTs assign training goals in the form of number of trainees and/or training hours using the TSP

• Before construction, Contractors submit for approval selected work classifications and training programs to be used

• Selection of work classifications is linked to affirmative action (AA) and Contractor’s workforce needs, but may not be supported by a long-termstrategy to address underrepresentation

Contract-specific Approach(cont.)

• Requires good faith efforts (GFE) to recruit and hire minorities, women, and disadvantaged persons to meet the training goal

• Contract-specific approach focuses only on satisfying the training goals in the TSP for the duration of the project; some offsite training may be permitted

• Likelihood of retention is lower after completion of training

Types of On-the-Job Training Programs

Contractor-based Approach

• State DOTs assign an annual training goal to Contractors; typically based on the submission of the Contractor’s an annual recruitment and training (R & T) plan, including a proposed goal

• State DOTs assign training goals to contracts in the form of number of trainees and/or training hours using the TSP

• Before construction, Contractors submit selected work classifications and training programs for approval; linked to AA and Contractor’s R & T plan

Types of On-the-Job Training Programs

Contractor-based Approach

• Requires good faith efforts (GFE) to recruit and hire minorities, women, and disadvantaged persons to meet the training goal

• Better continuity of training—continues throughout the construction season on multiple projects, year-to-year, until journey status is achieved

• Retention of trainees is typically higher than a contract-specific approach

Types of On-the-Job Training Programs

Hybrid Approach

• Combines elements of the two approaches• Continues to follow the principle of linking AA

requirements to training goals and Contractor workforce needs

• Provides more flexibility in terms of options; more accommodating of all (union, non-union, new participants, etc.) contractors

Types of On-the-Job Training Programs

Summary

Types of On-the-Job Training Programs

Contract-Specific Contractor-Based

Focused on current/projectworkforce

Focused on developing long-termor seasonal workforce

Based on Contractor’s GFE relative to training goal set forth in TSP

Based on Contractor’s long-term recruitment and training plan and GFE to implement it; TSP is a vehicle for implementation

Linked to affirmative action obligation

Linked to affirmative action obligation

Lower retention rate Higher retention rate

Whether the approach is Contract-specific, Contractor-based, or

combined, all OJT Programs require FHWA approval

Program Approval

• Purpose/Objectives• General Requirements

– Including how # of trainees and hours are determined – Contractual obligations under the TSP

• Definitions • Approved Training Programs- US DOL recognized v.

FHWA approved

Key Program Elements and Procedures

• If required, standards for Contractor Recruitment and Training Plan submissions

• Eligibility, Recruitment, Selection, Orientation of Trainees

• Trainee wages (60% first half; 75%, 90%)• Contractor Reimbursements

Key Program Elements and Procedures

• Pre-award and Pre-construction procedures:– Training plan submissions, if required– Updated workforce utilization – Contractor submission of work classifications, individual

training programs, establish a “no later than start date”– New trainee enrollments

• Good Faith Efforts• Sanctions• Trainee Termination procedures

Key Program Elements and Procedures

• Monitoring and Reporting– Contractor—i.e., monthly training status, training

plan updates, annual accomplishments and corrective action

– State activities—QA/QC; pre-construction/pre-enrollment meetings, trainee interviews, sharing of annual training goal projections based on the program of projects for the ensuing year

Key Program Elements and Procedures

• Offsite Training and Project Transfer Requests• Trainee completion• OJT Resources for Contractors

– Recruitment resources– US DOL recognized apprenticeship training

programs and agencies– Other OJT supportive services

Key Program Elements and Procedures

Regional Workforce Development Centers

FHWA Workforce Development Resources

David ChandlerProgram Analyst

DBE & Contractor Compliance Team Federal Highway Administration

Office of Civil Rights

Phone: 617-494-2419david.chandler@dot.gov

Questions