Administering the Federal Highway On-The-Job Training (OJT ... · recognized apprenticeship and on-...
Transcript of Administering the Federal Highway On-The-Job Training (OJT ... · recognized apprenticeship and on-...
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: [email protected]
Questions