Appendix B to Subpart A of Part 230 - Training Special Provisions
23:1.0.1.3.8.1.1.12.3 : Appendix B
Appendix B to Subpart A of Part 230 - Training Special Provisions
This Training Special Provision supersedes subparagraph 7b of
the Special Provision entitled “Specific Equal Employment
Opportunity Responsibilities,” (Attachment 1), and is in
implementation of 23 U.S.C. 140(a).
As part of the contractor's equal employment opportunity
affirmative action program training shall be provided as
follows:
The contractor shall provide on-the-job training aimed at
developing full journeymen in the type of trade or job
classification involved.
The number of trainees to be trained under the special
provisions will be ____ (amount to be filled in by State highway
department).
In the event that a contractor subcontracts a portion of the
contract work, he shall determine how many, if any, of the trainees
are to be trained by the subcontractor, provided, however, that the
contractor shall retain the primary responsibility for meeting the
training requirements imposed by this special provision. The
contractor shall also insure that this training special provision
is made applicable to such subcontract. Where feasible, 25 percent
of apprentices or trainees in each occupation shall be in their
first year of apprenticeship or training.
The number of trainees shall be distributed among the work
classifications on the basis of the contractor's needs and the
availability of journeymen in the various classifications within a
reasonable area of recruitment. Prior to commencing construction,
the contractor shall submit to the State highway agency for
approval the number of trainees to be trained in each selected
classification and training program to be used. Furthermore, the
contractor shall specify the starting time for training in each of
the classifications. The contractor will be credited for each
trainee employed by him on the contract work who is currently
enrolled or becomes enrolled in an approved program and will be
reimbursed for such trainees as provided hereinafter.
Training and upgrading of minorities and women toward journeymen
status is a primary objective of this Training Special Provision.
Accordingly, the contractor shall make every effort to enroll
minority trainees and women (e.g., by conducting systematic and
direct recruitment through public and private sources likely to
yield minority and women trainees) to the extent that such persons
are available within a reasonable area of recruitment. The
contractor will be responsible for demonstrating the steps that he
has taken in pursuance thereof, prior to a determination as to
whether the contractor is in compliance with this Training Special
Provision. This 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.
No employee shall be employed as a trainee in any classification
in which he has successfully completed a training course leading to
journeyman status or in which he has been employed as a journeyman.
The contractor should satisfy this requirement by including
appropriate questions in the employee application or by other
suitable means. Regardless of the method used the contractor's
records should document the findings in each case.
The minimum length and type of training for each classification
will be as established in the training program selected by the
contractor and approved by the State highway agency and the Federal
Highway Administration. The State highway agency and the Federal
Highway Administration shall approve a program if it is reasonably
calculated to meet the equal employment opportunity obligations of
the contractor and to qualify the average trainee for journeyman
status in the classification concerned by the end of the training
period. Furthermore, apprenticeship programs registered with the
U.S. Department of Labor, Bureau of Apprenticeship and Training, or
with a State apprenticeship agency recognized by the Bureau and
training programs approved but not necessarily sponsored by the
U.S. Department of Labor, Manpower Administration, Bureau of
Apprenticeship and Training shall also be considered acceptable
provided it is being administered in a manner consistent with the
equal employment obligations of Federal-aid highway construction
contracts. Approval or acceptance of a training program shall be
obtained from the State prior to commencing work on the
classification covered by the program. It is the intention of these
provisions that training is to be provided in the construction
crafts rather than clerk-typists or secretarial-type positions.
Training is permissible in lower level management positions such as
office engineers, estimators, timekeepers, etc., where the training
is oriented toward construction applications. Training in the
laborer classification may be permitted provided that significant
and meaningful training is provided and approved by the division
office. Some offsite training is permissible as long as the
training is an integral part of an approved training program and
does not comprise a significant part of the overall training.
Except as otherwise noted below, the contractor will be
reimbursed 80 cents per hour of training given an employee on this
contract in accordance with an approved training program. As
approved by the engineer, reimbursement will be made for training
persons in excess of the number specified herein. This
reimbursement will be made even though the contractor receives
additional training program funds from other sources, provided such
other does not specifically prohibit the contractor from receiving
other reimbursement. Reimbursement for offsite training indicated
above may only be made to the contractor where he does one or more
of the following and the trainees are concurrently employed on a
Federal-aid project; contributes to the cost of the training,
provides the instruction to the trainee or pays the trainee's wages
during the offsite training period.
No payment shall be made to the contractor if either the failure
to provide the required training, or the failure to hire the
trainee as a journeyman, is caused by the contractor and evidences
a lack of good faith on the part of the contractor in meeting the
requirements of this Training Special Provision. It is normally
expected that a trainee will begin his training on the project as
soon as feasible after start of work utilizing the skill involved
and remain on the project as long as training opportunities exist
in his work classification or until he has completed his training
program. It is not required that all trainees be on board for the
entire length of the contract. A contractor will have fulfilled his
responsibilities under this Training Special Provision if he has
provided acceptable training to the number of trainees specified.
The number trained shall be determined on the basis of the total
number enrolled on the contract for a significant period.
Trainees will be paid at least 60 percent of the appropriate
minimum journeyman's rate specified in the contract for the first
half of the training period, 75 percent for the third quarter of
the training period, and 90 percent for the last quarter of the
training period, unless apprentices or trainees in an approved
existing program are enrolled as trainees on this project. In that
case, the appropriate rates approved by the Departments of Labor or
Transportation in connection with the existing program shall apply
to all trainees being trained for the same classification who are
covered by this Training Special Provision.
The contractor shall furnish the trainee a copy of the program
he will follow in providing the training. The contractor shall
provide each trainee with a certification showing the type and
length of training satisfactorily completed.
The contractor will provide for the maintenance of records and
furnish periodic reports documenting his performance under this
Training Special Provision.
[40 FR 28053, July 3, 1975. Correctly redesignated at 46 FR 21156,
Apr. 9, 1981]
Appendix B to Subpart D of Part 230 - Sample Corrective Action Plan
23:1.0.1.3.8.4.1.9.10 : Appendix B
Appendix B to Subpart D of Part 230 - Sample Corrective Action Plan
Deficiency 1: Sources likely to yield minority employees have
not been contacted for recruitment purposes.
Commitment: We have developed a system of written job
applications at our home office which readily identifies minority
applicants. In addition to this, as a minimum, we will contact the
National Association for the Advancement of Colored People (NAACP),
League of Latin American Citizens (LULAC), Urban League, and the
Employment Security Office within 20 days to establish a referral
system for minority group applicants and expand our recruitment
base. We are in the process of identifying other community
organizations and associations that may be able to provide minority
applicants and will submit an updated listing of recruitment
sources and evidence of contact by ________(Date).
Deficiency 2: There have been inadequate efforts to locate,
qualify, and increase skills of minority and female employees and
applicants for employment.
Commitment: We will set up an individual file for each
apprentice or trainee by ______(Date) in order to carefully screen
the progress, ensure that they are receiving the necessary
training, and being promoted promptly upon completion of training
requirements. We have established a goal of at least 50 percent of
our apprentices and trainees will be minorities and 15 percent will
be female. In addition to the commitment made to deficiency number
1, we will conduct a similar identification of organizations able
to supply female applicants. Based on our projected personnel
needs, we expect to have reached our 50 percent goal for
apprentices and trainees by _______(Date).
Deficiency 3: Very little effort to assure subcontractors have
meaningful minority group representation among their employees.
Commitment: In cooperation with the Regional Office of
Minority Business Enterprise, Department of Commerce, and the local
NAACP, we have identified seven minority-owned contractors that may
be able to work on future contracts we may receive. These
contractors (identified in the attached list) will be contacted
prior to our bidding on all future contracts. In addition, we have
scheduled a meeting with all subcontractors currently working on
our contracts. This meeting will be held to inform the
subcontractors of our intention to monitor their reports and
require meaningful minority representation. This meeting will be
held on __________(Date) and we will summarize the discussions and
current posture of each subcontractor for your review by
__________(Date) Additionally, as requested, we will submit a
PR-1391 on __________(Date), ____________________(Date),
__________(Date). Finally, we have committed ourselves to
maintaining at least 20 percent minority and female representation
in each trade during the time we are carrying out the above
commitments. We plan to have completely implemented all the
provisions of these commitments by __________(Date).
[41 FR 34245, Aug. 13, 1976]