U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
202-366-4000
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
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.
POLICY (23 CFR 230.107)
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.
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.
GENERAL (No CFR paragraph reference)
- 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.
- 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.
IMPLEMENTATION OF SPECIFIC EQUAL EMPLOYMENT OPPORTUNITIES
REQUIREMENTS (23 CFR 230.109)
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.
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.
IMPLEMENTATION OF SUPPORTIVE SERVICES (23 CFR 230.113)
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.
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.
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.
RESPONSIBILITIES (No CFR paragraph reference)
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.
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
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.
- Contractors. Contractors should develop innovative and workable
strategies to improve the recruitment, retention, and training of minorities
and women in the highway construction industry.
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.
PROJECTIONS (No CFR paragraph reference)
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.
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.
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.
REIMBURSEMENT PROCEDURES (23 CFR 230.117) (Federal-aid highway construction
projects only)
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.
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.
INSPECTION AND MONITORING PROCEDURES (23 CFR 230.119)
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.
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.
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.
Page last modified on January 28, 2019