On Tuesday, April 7, 2020, the Office of Management and Budget (OMB) approved OFCCP’s information collection request for two new compliance check scheduling letters for the construction industry. One version is for construction contractors whose total direct federal construction contracts meet or exceed the jurisdiction dollar thresholds for Executive Order 11246, Section 503, and VEVRAA. The second version is for contractors whose sole coverage comes from federally assisted construction projects only (i.e. federally-assisted construction contractors).
As discussed in our April 11, 2019 blog post, construction compliance checks will be more limited in nature than a full compliance evaluation typically conducted by OFCCP. Compliance checks are designed to impose a much smaller burden than a full-blown evaluation by focusing more on whether a contractor maintained the required employment records. (i.e. per 41 CFR § 60-1.12, 60-300.80 and 60-741.80 for direct construction contractors, and per 41 CFR § 60-1.12 only for federally-assisted construction contractors).
The Construction Compliance Check Letter – Direct, available here, will seek the following in the Itemized Listing:
- Examples of personnel records that list employment activity, including name, job classification, sex, race and/or ethnic designation for each employee or applicant.
- Examples of payroll records by project, for employees working in the defined area, including each employee's name or ID, sex, race/ethnicity, hire date, trade(s), total hours worked in each trade, overtime hours worked in each trade, wage rate(s) for each trade, apprenticeship status, and employment type (e.g., full-time, part-time, temporary, contract, per diem, day labor).
- Examples of job advertisements and postings.
- Examples of accommodation requests (pertaining to pregnancy, childbirth, medical conditions, or religion) received and their resolution, if any.
- A copy of the current Section 503 AAP prepared in accordance with the requirements of 41 CFR § 60-741.40 through § 60-741.47.
- A copy of the current VEVRAA AAP prepared in accordance with the requirements of 41 CFR § 60-300.40 through § 60-300.45.
The Construction Compliance Check Letter - Federally Assisted, available here, will seek items 1-4, noted above, only.
OFCCP requests that all information be submitted within 30 days of receipt of the letter, or the contractor can choose to provide records to the agency during an on-site review. Within 5 business days of receiving the letter, construction contractors can anticipate contact from OFCCP to determine how records will be made available, either on-site or off-site.
Given OMB approval of the new construction compliance check scheduling letters in time for the Spring CSAL, we anticipate that OFCCP will make construction contract compliance a priority in 2020. DCI will closely monitor enforcement activity in this area and will be ready to support you, should you receive a letter in the coming months.
By Jeff Henderson, MPS, SHRM-SCP, Consultant and Team Leader