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Section 2: Special Provision On-the-Job Training Program for Design-Build and Comprehensive Development Agreements (Federal-Aid Projects Only)

This training special provision is the Department’s implementation of 23 U.S.C. 140 (a). The primary objective of this provision is to train and upgrade minorities and women toward journey worker status. 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.

As part of the [design-builder/developer]’s equal employment opportunity affirmative action program, training shall be provided as follows:

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  1. The [design-builder/developer] shall ensure that on-the-job training (OJT) aimed at developing full journey worker status in the type of trade or job classification involved is provided
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  2. The Department has assigned a project-specific trainee goal in accordance with the following guidelines as set forth in 23 C.F.R.§230.111:
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    1. Dollar value of the construction services contract;
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    2. Duration of the construction work activity;
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    3. Geographic location;
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    4. Availability of minorities, women, and disadvantaged for training;
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    5. The potential for effective training;
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    6. Type of work;
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    7. Total normal work force that the average proposer could be expected to use;
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    8. The need for additional journeymen in the area;
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    9. Recognition of the suggested minimum goal for the State; and
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    10. A satisfactory ratio of trainees to journeymen expected to be on the [design-builder/developer]'s work force during normal operations.

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    Figure A-1.  

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  1. The OJT program trainee goal for this project is ____ trainees.
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  2. The [design-builder/developer] will have fulfilled its responsibilities under this provision when acceptable training has been provided to the number of trainees assigned to this project.
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  3. In the event that a [design-builder/developer] subcontracts a portion of the contract work, it shall determine if any of the trainees are to be trained by the subcontractor. The [design-builder/developer] should insure that this training special provision is made applicable to such subcontract. However, the [design-builder/developer] shall retain the primary responsibility for meeting the training requirements imposed by this special provision.
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  4. The [design-builder/developer] shall make every effort to ensure minorities and women are enrolled and trained in the program. The [design-builder/developer] shall conduct 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.
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  5. It is the intention of this provision that training is to be provided in the construction crafts. Training is permissible in lower level management positions such as office engineers, estimators, timekeepers, etc., where the training is oriented toward construction applications. 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.
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  6. The Department and the Federal Highway Administration (FHWA) shall approve a training program if it meets the equal employment opportunity obligations of the [design-builder/developer] and aims to train and upgrade employees to journey worker status.
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  7. The Department’s OJT Program has been designed to ensure that the trainee consistently receives the level and quality of training necessary to perform as a journey worker in his/her respective skilled trade classification. Standard training programs for each skilled construction trade classification are located in the OJT program manual.
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  8. 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, or 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 the program is being administered in a manner consistent with the equal employment obligations of Federal-aid highway construction contracts.
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  9. The number of trainees shall be distributed among the work classifications on the basis of the [design-builder/developer]'s needs and the availability of journey worker in the various classifications.
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  10. No employee shall be employed as a trainee in any classification in which he or she has successfully completed a training course leading to journey worker status or in which he or she has been employed as a journey worker. The [design-builder/developer] may satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used, the [design-builder/developer]'s records should document the findings in each case.
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  11. At or before contract execution, the [design-builder/developer] must submit the Contractor OJT Plan form to the Department’s Civil Rights Division (CIV). The plan shall specify how the [design-builder/developer] intends to satisfy its goal by including the following information: the type of apprentice or training program, number of trainees, type of training, and length of training.
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  12. The trainee(s) shall begin training on the project after start of work and remain on the project as long as training opportunities exist or until the training is completed.
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  13. The trainees will be paid at minimum, 60 percent of the appropriate journey worker'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. However, if the apprentices or trainees are enrolled in another program approved by the Department of Labor or other agency, such appropriate rates shall apply.
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  14. The CIV must approve all proposed apprentices and trainees before training begins. The [design-builder/developer] must submit the Federal OJT Enrollment Form in order for training to be counted toward the project goal and be eligible for reimbursement. The [design-builder/developer] shall provide each trainee with a copy of the training program he or she will follow.
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  15. On a monthly basis, the [design-builder/developer] shall submit the Federal OJT Monthly Reporting Form to the Department’s CIV. The monthly reporting form will include the number of hours trained and training status. If a trainee is terminated, the [design-builder/developer] is required to make a good faith effort to replace the trainee within 30 calendar days of the termination.
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  16. The [design-builder/developer] shall provide each trainee with a certification showing the type and length of training satisfactorily completed.
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  17. If requested, the [design-builder/developer] may be reimbursed 80 cents per hour of training for each trainee working on this project and whose participation towards the OJT project goal has been approved.
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  18. This reimbursement will be made regardless whether the [design-builder/developer] receives additional training program funds from other sources, provided such other program requirements do not specifically prohibit the [design-builder/developer] from receiving other reimbursement. Reimbursement for offsite training indicated above may only be made to the [design-builder/developer] if the trainees are concurrently employed on a federal-aid project and when the [design-builder/developer]: contributes to the cost of the training, or provides the instruction to the trainee, or pays the trainee's wages during the offsite training period.
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  19. No payment shall be made to the [design-builder/developer] if either the failure to provide the required training or the failure to hire the trainee as a journeyman is caused by the [design-builder/developer] and evidences a lack of good faith on the part of the [design-builder/developer] in meeting the requirements of this Training Special Provision.
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  20. Detailed program reporting requirements and procedures, reporting forms, and the list of approved training classifications are found in the OJT program manual, which can be obtained upon request by contacting the CIV.
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