FHWA Office of Civil Rights

ARCHIVED DOCUMENT:
FAPG 23 CFR 200, Non-Regulatory Supplement

Formerly Federal-aid Policy Guide Non-Regulatory Supplement NS 23 CFR 230A
July 21, 1995, Transmittal 13
See Order 1321.1C FHWA Directives Management

OPI: HCR-1

NON-REGULATORY SUPPLEMENT

1. AUTHORITIES (No CFR paragraph reference). This directive is issued under the authority of 23 U.S.C. 140(b) as amended by Section 1026 of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, and Section 412 of P.L. 102-388, and the National and Community Service Trust Act of 1993.

2. POLICY (23 CFR 230.107)

   1. The equal employment opportunity requirements of Executive Order 11246, as set forth in Title 23 CFR, Part 633A, are applicable to material suppliers as well as contractors and subcontractors.

   2. The Federal Highway Administration Offices of Civil Rights and Engineering have developed the provisions of paragraph 6 of this directive to effect joint implementation of the supportive services effort. The Civil Rights staffs at both Washington Headquarters and field levels must be directly involved with the promotional functions and monitoring activities of the supportive services program.

3. GENERAL (No CFR paragraph reference)

   1. The ISTEA amended 23 U.S.C. 140(b) to provide for an amount not to exceed 1/4 of 1 percent of funds apportioned to a State to cover costs associated with On-the-job training/Supportive Services (OJT/SS) efforts. Section 412 of the Department of Transportation Appropriations Act of 1993 changed the "not to exceed" parameters to 1/2 of 1 percent.
   2. The primary objective of the OJT/SS is to increase the overall effectiveness of the State highway agencies' (SHAs) approved training programs by encouraging completion of the training and seeking other ways to increase the training opportunities for minorities and women.

4. IMPLEMENTATION OF SPECIFIC EQUAL EMPLOYMENT OPPORTUNITIES REQUIREMENTS (23 CFR 230.109)

   1. Federal-Aid Highway Construction Projects:

      (1) The required contract provisions relating to equal opportunity as set forth in Form FHWA-1273, Required Contract Provisions-Federal-Aid Construction Contracts (see Title 23 CFR, Part 633A), as appropriate, shall be included in all Federal-aid highway construction contracts.

      (2) With the advice of the Regional Civil Rights Director and approval of the Regional Federal Highway Administrator, each Division Administrator shall assign an employee to serve as Division Equal Opportunity Officer, with necessary authority to carry out these functions. As considered appropriate, the individual selected shall possess adequate knowledge of the Federal-aid highway program. In some States this may entail full-time assignment to equal opportunity activities.

5. IMPLEMENTATION OF SPECIAL REQUIREMENTS FOR THE PROVISION OF ON-THE-JOB TRAINING (23 CFR 230.111). The Division Administrator is authorized to approve satisfactory training programs for use by Federal-aid highway contractors and subcontractors who are subject to the provisions of this directive.

6. IMPLEMENTATION OF SUPPORTIVE SERVICES (23 CFR 230.113)

   1. Supportive services presently being provided under multi-State agreements or by labor unions should not be affected by provisions of this part if the services rendered under existing contracts are considered satisfactory.

   2. In reviewing a State highway agency's proposal for supportive services, the Division Administrator, the Regional Civil Rights Director, and the Director, Office of Engineering and Operations, shall evaluate the training program(s) relative to the supportive services sought, and the proposed supportive services themselves, giving consideration to the following needs:

      (1) counseling,

      (2) recruiting efforts within particular minority, women or disadvantaged groups,

      (3) pre-entry training,

      (4) off-season training, and

      (5) administrative changes.

   3. The Regional Civil Rights Director and the Director, Office of Engineering and Operations shall be jointly responsible for reviewing supportive services proposals and recommending approval action. The Regional Highway Administrator shall exercise approval authority. Following approval, a project agreement shall be executed by the Division Administrator. A single project agreement may cover all approved State proposals during a given fiscal year.

7. RESPONSIBILITIES (No CFR paragraph reference)

   1. FHWA Headquarters Office. The FHWA Headquarters office should establish partnerships with Federal and State agency contractors, community-based organizations, and unions to identify needs and develop ways to meet the objectives of the OJT/SS program. All segments of the industry must be involved to ensure that the workforce needs of the highway construction industry are met.

   2. FHWA Field Offices

      (1) The FHWA field staffs should provide information, advice, and assistance to States to develop workable strategies to effectively use the 1/2 of 1 percent OJT/SS funds.

      (2) The FHWA field office should initiate compliance determinations and corrective actions to accurately correct deficiencies in those instances where compliance reviews, routine monitoring, or investigations reveal the objectives of the OJT program are not being met.

      (3) The FHWA field staffs should encourage States to use the 1/2 of 1 percent optional SS funds (23 U.S.C. 140(b)) for increasing the utilization of minority group workers, and women.

      (4) To assist States in using OJT/SS funds and meeting their responsibilities for ensuring the recruitment, hiring, training and retention of minorities and women in the highway construction crafts, such community service programs as the Urban Youth Corp (UYC) and the Job Opportunities and Basic Skills Training (JOBS) Programs may be included as partners in this effort. Information on these Programs can be obtained from the Regional Civil Rights Offices

   3. State Highway Agencies

      (1) States should carefully review contractor workstatements and proposals to provide supportive services, to determine the contractor's familiarity with the transportation industry and capability to fulfill a State's contract requirements.

      (2) States should be advised that statewide efforts may not be feasible, especially where the land mass is so great that travel requirements would dilute the effectiveness of widespread and sporadic efforts, or where various union geographical jurisdictions are intermingled. In such instances, regional approaches focused on specific geographical areas will probably prove more effective.

      (3) States should closely monitor initial efforts to ensure the objectives of the program have been met.

      (4) States should be advised to make every attempt to avoid duplication of efforts when establishing training and supportive services programs. Although some overlap is unavoidable, scarce funds must not be wasted developing approaches, training, and intervention strategies which already exist.

   4. Contractors. Contractors should develop innovative and workable strategies to improve the recruitment, retention, and training of minorities and women in the highway construction industry.

8. SCOPE (No CFR paragraph reference). This directive applies to the FHWA field offices responsible for promoting the use of the 1/2 of 1 percent OJT/SS funds.

9. PROJECTIONS (No CFR paragraph reference)

   1. The most pressing need that will be faced by industry in the near term will be to recruit, employ, train and retain a reliable, skilled, and productive work force.

   2. Within a few years, competition is expected to increase to attract and keep members of a smaller, more mobile, and, generally older work force. Even with workers from closed industries transferring their skills into the highway construction industry, many cannot be expected to continue work in highway construction for the long term. This projection is based on a relatively steady rate of economic recovery during which qualified people can be expected to move to positions offering more stable employment with better working conditions and higher pay than may beavailable in highway construction and related industries.

   3. Recent and continuing mechanization of construction processes can be expected to have a significant impact on employment. New and better skills will be required to operate tools and equipment in which contractors have invested to compete for the changing categories of available work.

10. REIMBURSEMENT PROCEDURES (23 CFR 230.117) (Federal-aid highway construction projects only)

    1. On-the-Job Special Training Provisions. Reimbursement for the training provided under these provisions shall be from Federal-aid highway construction funds allocated to each State highway agency.

    2. Supportive Services. Reimbursement procedures shall consist of the following:

       (1) Supportive services funds need not be matched by State funds although voluntary State participation in funding of the activity is encouraged.

       (2) Projects should be numbered 110-1, 110-2, etc., in each State.

11. INSPECTION AND MONITORING PROCEDURES (23 CFR 230.119)

    1. Inspections of Highway Construction Contracts. Construction inspection procedures as contained in the Federal-aid Policy Guide (G 6042.8) and as they are considered appropriate shall be used by the Division Administrator in monitoring equal employment opportunity contract provisions on Federal-aid highway construction contracts.

    2. Monitoring of Supportive Services (23 CFR 230.119). The Regional Office of Civil Rights, in coordination with appropriate State and FHWA field personnel, shall be responsible for conducting reviews as are necessary to determine, especially with regard to minority group members and women (1) the total accomplishments resulting from the conduct of approved training programs, and (2) the actual effect upon such programs of the supportive services provided pursuant to this directive.

    3. Monitoring by Civil Rights Personnel. Civil rights specialists in the division or region, as appropriate, shall be responsible for conducting compliance reviews and shall have related responsibilities for determining whether contractors are, in fact, providing equalemployment opportunity through affirmative action.