New Specification 2018... · Contractor Training and Trainee Monitoring A contractor’s representative will evaluate progress for ... More training will be offered in the future

CDOT OJT TrainingNew Specification 2018October

2018

What Do I Need to Know?

1.Understanding the law specifically as it

relates to government contracts

2.Breakdown of the new OJT special provision

3.Components of CDOT’s new pre-approved

plan

Is OJT a Mandatory Requirement?

Answer: Yes… but

Is it a mandatory requirement on

every CDOT job?

Answer: No.

Understanding the Law--

Government Requirements

OJT Authority

23 U.S. Code, Section 140

23 CFR, Part 230

--Employment Opportunity Obligations (EEO)

2011 and 2018 CDOT OJT Standard Special Provision

To Whom Do the OJT Laws Apply?

When Does It Begin?

State – CDOT OJT Standard Special Provision

• New spec required to be used in “regular” federal-aid projects with OJT goals going to ad after 9/6/18.

• Local Agency Projects (LAPs) – Local agency chooses if they want to use LCPtracker with the new standard special provision or use manual tracking for OJT and follow the old specification.

Understanding the CDOT OJT

Standard Special Provision

Divided into 9 Areas

1. Goal Setting

2. Training Plan Options

3. Journey-Level Worker to Apprentice/Trainee Ratio

4. Trainee Selection

5. OJT Apprentice / Trainee Approval

6. Eligible Work Activities that Count Toward the

Training Goal

7. Contractor Training and Trainee Monitoring



Divided into 9 Areas

8. Wages

9. Contractor Reporting

10.Reimbursement to Contractors

11.OJT Good Faith Efforts (GFE)

12.Disincentive

Closer Look at CDOT’s Pre-Approved OJT Program

(PAC-UP) Plan



Goal Setting

No significant changes in this portion

OJT special provision followed the regulations in

the CFR which guide all of the components that

must be factors in setting the goal.

OJT Goal Setting

Guidelines for goals

• Availability of minorities, females, disadvantaged persons

• Potential for training

• Duration of the contract

• Dollar amount of contract

• Normal work force that average bidder could be expected to use

• Geographic location

• Type of work

• Need for additional journey workers in area

• Recognition of the state’s goal

• Training Programs



Training Plan Options

Biggest change: Addition of CDOT’s PAC-UP plan

There are four main tracks:

1. PAC-UP Plan mentioned above

2. Registered U.S. Department of Labor training program

or apprenticeship program

3. Approved programs through workforce centers and

other specific groups like Colorado Contractors

Association and Western Colorado Contractors

Association

4. Contractor Specific Plan approved by CDOT and FHWA.



Journey-Level Worker to Apprentice/Trainee Ratio

Biggest change: CDOT PAC-UP Plan participants shall

not exceed a 1-1 ratio of journey-level worker to

apprentice / trainee.

What stays the same: for all other approved

programs, the ratio is as written in the individual

plan.



Journey-Level Worker to Apprentice/Trainee Ratio

Why does this matter?

The ratio is important because if it is not followed,

participating apprentice/trainee workers need to be paid as

journey-level workers (meaning full Davis-Bacon rates).

What does supervision mean? (DOL Field Operation Handbook (FOH) and (U.S. DOL Apprenticeship Tooklit)

Supervision may mean a working supervisor if the majority of

his/her time is spent within that craft, working on site, OR it

may mean “hands-on training from an experienced mentor at

the job site.”

https://www.dol.gov/whd/FOH/FOH_Ch15.pdf

https://www.dol.gov/apprenticeship/toolkit/toolkitfaq.htm#1a



Trainee Selection

• 1st Intent is to recruit and train entry level individual or

individuals who will be working within a new classification

• A trainee will not be approved if they have already

reached journey level status in that classification.

• 2nd intent is for the Contractor to use minorities, women,

and disadvantaged persons to fulfill the trainee roles.

• These two intents are based on regulation; however, these

requirements will not be used to systematically deny any

one person or group from the opportunity of the OJT

program.



OJT Apprentice/Trainee Approval

• Biggest Change: Formal notification required of

the start of employment and at a minimum of at

least once per year regarding the available

training programs, positions, and requirements –

confirmed in Contract Compliance Reviews.

• Necessary component: Provide each trainee with

a copy of the training program within a month of

starting the plan.

Understanding the CDOT OJT Standard

Special Provision

• The OJT apprentice / trainee approval component basically works the same way as current OJT program for contractors.

• 1337 at precon• 838 before the start of construction• 832 monthly• All OJT forms approved in E-docs, demographic

tags added and uploaded by region specialists• Regions notify Mónica about the wage amount so

proper codes can be utilized.• Proper apprentice codes and tags must be used.



Eligible Work Activities That Count Toward the Project Goal

• The work hours that are completed on the site of work and per the training

documents for approved apprentices / trainees in approved classifications

will apply toward the goal. Non-CDOT hours will NOT count toward the goal.

• In CDOT’s PAC-UP program, job shadowing can count in the hours that are

outlined in the program.

• No hours may be “banked” from one project to another.

• A contractor can use a subcontractor’s approved plan, and a subcontractor

can use any of the approved plans.



Contractor Training and Trainee Monitoring

A contractor’s representative will evaluate progress for

the apprentice / trainee monthly and will provide a copy

of the CDOT Form 832 to the program participant within

30 days. The representative should include information

about what the training participant is doing well and

what still needs work.



Wages

• The Contractor may pay apprentice/trainee wages at a

reduced rate for those that are in an approved program.

Apprenticeship Programs

• Rates will be paid according to the scaled adjustments of

the U.S. DOL program – as outlined in the collectively

bargained agreement or otherwise.

Other Approved Programs

• Reduced percentages are allowed as outlined in the CFR

60% (first half), 75% (third quarter), 90% (last quarter)



Contractor Reporting

The contractor will keep all data associated with the

trainees and the project for a period of at least

three years from the closing date of the contract.



Reimbursement to Contractors

If the contractor satisfies the OJT responsibility as outlined under

this specification, contractors will be reimbursed at a rate of

$10.00 per approved trainee per hour.

For federally funded local agency projects with an OJT goal, local

agencies can choose to opt into the new spec, or they can choose

to use the old spec. Please note that the tenants of each special

provision are independent – no mixing and matching of the

components.



OJT Good Faith Efforts -- CDOT recognizes two explanations of good faith efforts:

• The Contractor will be required to prove an effort has been made to achieve a diversified workforce, but it has not yet been accomplished.

• The attempt has been made to meet the number of required OJT hours by using approved trainees or apprentices in approved classification(s) utilizing approved plans, but the Contractor cannot meet the required number of hours.



Disincentive

• Very few changes here. An applicable disincentive would

still be figured using the same formula – unmet hours

multiplied by the classification or average of classifications

on the 1337.

• If a contractor chooses not to participate at all and does

not send in paperwork to meet the OJT goal – 832, 838, or

the 1336 to waive or reduce participation, then the

disincentive is figured at $30.00 per hour.



CDOT PAC – UP Plan

• Formal enrollment for the PAC-UP program occurs through

the current CDOT forms.

• Tracking for all hours will be through the use of LCPtracker.

• New and returning program participants must be registered

through the use of the CDOT form 838.

• A contractor’s trainee can be working on more than one

project simultaneously. They can also work in two

different classifications simultaneously.



CDOT PAC – UP Plan Preapproved Classifications



CDOT PAC – UP Plan -- Two Types of Graduations

Module –- One pre-approved trainee met the total number of

required hours for a specific classification. Contractor will

print a certificate (to be located within LCPtracker) –one to

be given to the participant and one to be kept by the

contractor and uploaded into the project files.

Craft area – Each employee will need to complete 3,100 hours

using at least three different classifications.



FAQ

Can a contractor use different programs simultaneously?

Yes

What is the cost of the CDOT PAC-UP Plan?

Free – no cost

Which program is better?

Whichever program works for the contractor. The goal was to

offer options to different types of contractors, to increase

the work force, and to increase OJT participation. The

introduction of the PAC-UP plan should not disparage any

other plan.

CDOT OJT Standard Special Provision

Thank you for your participation in the webinar.

More training will be offered in the future for OJT, CDOT systems, and

payroll. Please check all training opportunities which will be shown on the

CDOT website:

https://www.codot.gov/business/civilrights/compliance/training

https://www.codot.gov/business/civilrights/compliance/training

Documents

New Specification 2018... · Contractor Training and Trainee Monitoring A contractor’s representative will evaluate progress for ... More training will be offered in the future