Section 3: On-the-Job (OJT) TrainingAnchor: #b150014
The Texas Department of Transportation (TxDOT) has established an On-the-Job ( OJT) Program in accordance with regulations of the U.S. Department of Transportation at 23 CFR Part 230, Subpart A, Equal Employment Opportunity on Federal and Federal-aid Construction Contracts (including Supportive Services). It is the policy of TxDOT to require full utilization of all available training and skill improvement opportunities to assure the increased participation of minority group, female and disadvantaged individuals in all phases of the highway construction industry.
Special Provision 000---807 - On-the-Job Training (OJT) Program, is included in all TxDOT federal-aid construction contract proposals effective with the January 2007 state letting. Selection of and notification to contractors participating in the training program for the calendar year will be made by TxDOT’s Office of Civil Rights - Contract Compliance Section (OCR-CCS) in January of the applicable year. Contractors selected for participation will also be notified of their annual trainee goal at that time. The OJT program provides contractors with the flexibility to select the federal-aid projects they may place trainees on by removing project specific requirements.
Contractors participating in the OJT program are responsible for the following:
- Within thirty days of the annual notification, develop an action plan to fill the assigned training slots (assigning and scheduling of trainees).
- Within sixty days of the annual notification, begin training one or more trainees on a federal-aid project.
- Advise employees and applicants for employment of available training programs and entrance requirements for each.
- Review all applications of prospective trainees to ensure that they will not be enrolled in a training program in which they have previous experience.
- Periodically review the training and promotion potential of minority gorup, female and disadvantaged individuals and encourage them to apply for such training and promotion.
- Form 2201, Contractor OJT Enrollment Request Form, is submitted electronically to TxDOT OCR-CCS or to the program sponsor, if applicable, within seven business days of the contractor’s intent to assign trainee(s) to a project and the training classification(s) to be utilized.
- Trainees will be given a copy of their completed Form 2201.
- By Wednesday of each week, submit Form 2202, Contractor OJT Weekly Reporting Form, to the appropriate Area Engineer(s), to document training activity, hours trained, termination, or graduation during the training period indicated.
- Upon graduation or termination, the contractor will electronically submit Form 2202 to the Area Engineer and OCR-CCS or the program sponsor if applicable, within seven business days of the effective date of graduation or termination.
- If a trainee is transferred to another project, the contractor must notify both the Area Engineer on the previous project and the Area Engineer on the project the trainee is being transferred to.
- Trainee compensation shall be, at a minimum, 60% of the appropriate journeyman’s rate as specified in the contract for the first half of the training program, 75% for the third quarter of the training program and 90% for the last quarter.
- Request for $0.80 per training hour reimbursement by the Contractor is optional and may be made of the Department.
- Training goal credit will be allowed toward the contractor’s annual goal for the year in which the trainee entered into training.
- Training goal credit will be allowed for each trainee employed on the contract and who is currently enrolled or becomes enrolled in an approved training program.
- Training goal credit will be allowed should the contractor train, certify and advance the trainee to journeyman worker status upon successful demonstration of the required proficiency standards.
- No training goal credit will be allowed for any trainee involuntarily terminated by the contractor unless the contractor can clearly justify the action. When a trainee is terminated for any reason, the contractor is required to make a good faith effort to replace the trainee within 30 days of the termination. The replacement trainee need not be in the same classificiation code as the terminated trainee. The contractor will utilize Form 2201, Contractor OJT Enrollment Request Form to notify the OCR-CCS or the program sponsor of the replacement trainee’s enrollment.
- Training goal credit is not allowed for any training program classification in which the employee/trainee has already completed the training program leading to journeyman status.
- No credit will be allowed when the contractor fails to provide the required training or evidences a lack of good faith effort in meeting the requirements of this program.
- Contractors will make available to the Department and the Federal Highway Administration (FHWA) access to all records upon request.
- Retain original training records for a period not less than three years following completion of the contract work.
- Any contractor who intends to participate in an alternate training program is required to submit to OCR-CCS a detailed request specifying the reasons for the proposed training program and a copy of the proposed program. The proposed program must be approved by the Department of Labor.
Texas Department of Transportation Responsibilities
The Department is responsible for the following:
- By confirmation letter, OCR-CCS or any training program sponsor will notify the contractor and the appropriate Area Engineer(s) of training enrollment approval.
- The appropriate Area Office representative will verify the hours trained by the trainee and will sign Form 2202, OJT Weekly Reporting Form.
- Submitted Forms 2201 and 2202, Contractor OJT Enrollment Request Forms and OJT Weekly Reporting Forms, will be monitored by the Department as necessary to ensure progress in meeting assigned training goals.
- Area Engineer Office personnel will conduct, on a quarterly basis, labor interviews and monitor wage rates utilizing Form 2220, Labor Standards Review form.
- The OJT database, maintained by the OCR-CCS, will be monitored to obtain information regarding the contractors’ OJT program compliance status.
On-the-Job Training - Supportive Services
Through a Federal Highway Administration mandated initiative, the OCR-CCS will administer a two year pilot program for supportive services to trainees who are minority group members, women or economically disadvantaged trainees on federal-aid highway construction projects. Eligible trainees will receive services such as a stipend, career counseling, transportation assistance, and tools.