2019 external civil rights training - dot.nd.gov external civil rights training.pdf · record notes...
TRANSCRIPT
2019 EXTERNAL CIVIL RIGHTS TRAINING
PRESENTERS Title VI/Nondiscrimination and ADA: Paula Messmer
Disadvantaged Business Enterprise: Amy Conklin
Contractor Compliance: Gail Brown
On-The-Job Training: Amy Conklin
Labor Compliance/LCPtracker: Gail Brown
TITLE VI/
NONDISCRIMINATION
AND ADA
Presenter: Paula Messmer,
Civil Rights Program Administrator
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Civil Rights Act of 1964 prohibits discrimination in
Federal and Federally-assisted projects, programs,
and activities based on race, color, and national origin.
Related statutes prohibits discrimination based on
sex, age, and disability.
Two Executive Orders place emphasis on Title VI
protections for Limited English Proficiency and
Environmental Justice.
AMERICANS WITH DISABILITIES ACT (ADA)
Title II defines regulations for state and local governments
Requires public agencies with 50+ employees to create and maintain a
transition plan.
NDDOT implements, monitors, and updates their plan to ensure
nondiscrimination in services, programs, and activities.
NDDOT’s ADA Transition Plan is located at
https://www.dot.nd.gov/divisions/civilrights/titlevi.htm
STANDARD TITLE VI/NON-DISCRIMINATION
ASSURANCES
Signed by Thomas K. Sorel, NDDOT Director
Assurances include Statutory/Regulatory Authorities,
descriptions of requirements, General and Specific
Assurances, and Appendices A-E.
Appendix A and E is required in all contracts
http://www.dot.nd.gov/divisions/civilrights/titlevi.htm
TITLE VI/NONDISCRIMINATION AND ADA
PROGRAM IMPLEMENTATION PLAN
A Public Involvement Plan is a requirement to protect the public interest and
ensure compliance at all levels
Public Involvement Plan ensures everyone has opportunity to comment on
transportation programs and activities.
Data Collection Process
NDDOT Title VI Public Participation Survey
Limited English Proficiency Plan
Request for Reasonable Accommodations
http://www.dot.nd.gov/divisions/civilrights/titlevi.htm
TITLE VI AND ADA COMPLIANCE
Enforcement responsibilities are vested with NDDOT and
includes NDDOT, city, county, and consultant project engineer
Consultant Project Engineer
Monitors the contractor for compliance
Suspect noncompliance- notify ADA immediately
Observe or receive verbal report of discriminatory activity
Direct complainant and/or contact CRD
Record notes in your diary
FACTS ABOUT EXTERNAL COMPLAINTS
External complaints involve the public
The public is anyone whose employer is not involved with
the project, activity, program, or service.
Be aware of when you encounter the public
Examples of discriminatory activity
Telling racial jokes or using racial slurs
Making negative/derogatory comments about
Minorities, limited English proficient people
Individuals with disabilities
Know what to do before/when it happens
EXTERNAL COMPLAINTS OF DISCRIMINATION
Right to File a Complaint with one of the following:
NDDOT, FHWA, FTA, US DOT, US DOJ
180 calendar days unless filing date extended
Use NDDOT’s External Complaints of Discrimination form
Available in English at www.dot.nd.gov/forms/sfn51795.pdf
Available in Spanish at www.dot.nd.gov/forms/sfn51795S.pdf
Disadvantaged
Business Enterprise
(DBE) Program
2019 External Civil Rights Training
Section 2 of the External Civil Rights Manual
Presenter: Amy Conklin – DBE Program Administrator
Mandatory Use of Certification &
Compliance System (CCS)
for Sub Payments
SP can be found in any proposals bid in October 2017 and later or online at https://www.dot.nd.gov/divisions/civilrights/dbeprogram.htm
SFN 60638 - Monthly Record of DBE Payments
NOT REQUIRED IF USING CCS
SFN 14268 - DBE Participation CertificationNOT REQUIRED IF USING CCS
Home Office/On-Site Reviews
for ND DBE Applicants
DBE Supportive Services Contract no longer includes this task, we will be requesting Districts to perform them
Commercially Useful Function Forms
Possible audit
within the next
year
DBE Trucking
DBE Weekly Trucking
Report – SFN 60781
1 for 1 Ratio for DBE Trucking Companies
Example: 2 DBE owned trucks and 4 non-DBE 2nd tier subcontractor (to DBE) trucks = 60% of total payments made to DBE trucking company to count towards Prime DBE Participation.
Another Example: 2 DBE owned and operated trucks, 2 leased trucks driven by DBEs employees and 6 trucks from non-DBE (2nd tier sub) = 8 of the 10 trucks can be counted towards DBE dollars or 80% of the total contract.
DBE trucking companies must own and operate at least one fully licensed, insured and operational truck used on the contract and driven by their employee in order for the contract dollars to count as DBE dollars.
Find more info on DBE trucking in the DBE Special provision.
New DBE Trucking firm: Lorenzo’s Trucking
No Longer DBE Trucking Company: Miigwich Trucking (withdrew DBE Certification) and NorthStarTrucking (went out of business)
DBE Supportive Services Consultant
Denae Johnson
Project Solutions
Bismarck, ND
701-214-5775
SD DBE SS Consultant Also
Questions?
Amy Conklin, DBE Program Administrator
NDDOT Civil Rights
701-328-3116
ECRT
Contract ComplianceGail Brown – Civil Rights Program Administrator
What is Contract Compliance?
Contract Compliance covers every area of CRD
When we review a project in-depth, we review:
▪ Complaints, if any
▪ DBE issues
▪ OJT issues
▪ Prompt pay, other issues – almost anything that happens on the project
Discrimination Complaints
Complaints from Workers on projects
MUST be addressed and investigated
Difference between a Title VI and a Title VII or Davis-Bacon complaint
If an individual is a worker on a project, notify CRD immediately of the complaint.
Bulletin Boards
Make sure to use posters
Really look at wage rates – make sure it’s
the right decision
Grievance Policy has to be there
Review Has Been Streamlined
LCPtracker has allowed the review process to be
streamlined.
BUT contractors still need to have EEO policies, AA plans, EEO
training, and EEO officer, etc.
DBE paperwork – must be done (and correctly)
If there are changes from the UP, tell us ahead of time.
Trying to find low-cost alternatives for small business to give
EEO training.
New Labor Interview Module
Reviewed Projects – Do at least 5 interviews
Fill out Part C of the Interview Form
ONLY fill out C for the in-depth interviews
All these records will now be kept in LCPtracker
Interviews will no longer be placed in CARS/FileNet
Onsite Module from LCPtracker
NDDOT will be using the LCPtracker for Labor Interviews this
Construction season.
The interview form got a significant edit before being placed online.
You will use your iPad to interview workers (no app yet for laptop)
IT has set up access in Apple Store for all Department staff with iPads.
Consultant and City/County Engineers may find the Onsite App
through either Apple Store or Google Play
The Onsite App is free.
Onsite Module is a New Product
Why this matters
There is no Manual yet – we are writing our own
- There are some excellent tools for tracking interviews, but
they are evolving
- There will be glitches at the beginning – report them and
hang in there.
▪ You will interview using your tablet – upload and
reconcile/check on the Admin. tab.
▪ Training will be made available – but this will be a simple
product and minimal training will be needed.
Labor Module – What you can do now
▪ Make sure everyone who interviews has
access to tablet.
▪ You can get the App (Onsite by
LCPtracker) now.
▪ As soon as the form is ready, you can
practice on it.
No Other Changes
No big changes here, except labor interview module.
If your project gets pulled, pay attention to getting payroll approved timely
Make sure you let us know of problems ahead of time.
On-The-Job Training
(OJT) Program
2019 External Civil Rights Training
Section 4 of the External Civil Rights Manual
Presenter: Amy Conklin – OJT Program Administrator
2019 OJT Goal
15 Trainees
2018 Goal was 15 Trainees (18 assigned, 15 finished)
18 Trainees assigned for 2019 Construction Season
2019 OJT Trainee Assignments
• Asphalt Surface Technologies – 1 Trainee
• Bechtold Paving – 1 Trainee
• Border States Paving – 2 Trainees
• Central Specialties – 3 Trainees
• Dakota Underground – 1 Trainee
• Gowan Construction – 2 Trainees
• Knife River Materials – 2 Trainees
• KPH, Inc – 1 Trainee
• Mayo Construction – 1 Trainee
• Northern Improvement – 3 Trainees
• Strata Corporation – 1 Trainee
OJT Supportive
Services Consultant
Wold Engineering
Lisa Rhodes
Bismarck, ND
701-258-9227
Questions?
Amy Conklin, OJT Program Administrator
NDDOT Civil Rights
701-328-3116
ECRT – Labor ComplianceGail Brown
Davis-Bacon Wage Administrator
Possible Challenges Ahead for Davis-Bacon
▪ After Meetings with USDOL
➢CRD expects issues surrounding Mobile Batch
Plants
➢De Minimis definitions and calculations will
change
▪ Expect a higher level of scrutiny
▪ Local USDOL has told us they will do a number of
Davis-Bacon investigations this year.
Hold Status Quo
After discussions with Ron and Wayde, the
Department has decided to stick with existing
interpretations of onsite and deminimis we have
historically used.
If a contractor is being investigated by USDOL or
if the USDOL calls you, call CRD immediately.
Burden of Proof is with the Contractor
▪ When USDOL investigates, it assumes that the contractor
must prove they followed Davis-Bacon and related laws.
▪ If there is a conflict between versions of events, and no
evidence, the contractor will lose.
▪ Remind all contractors to keep records of DB time. Time
Cards, Haul Sheets, etc.
▪ Ultimate responsibility is with the Prime
➢Never Discuss DB issues without Prime being present/party
to discussion.
Apprentices - Approval
Contractors with Apprentices should be directed to
the Manual
Proof of status - upload in Edocuments.
Paperwork accepted in Edocuments
Apprentice approved or denied thereafter.
Approved - they can file payroll with Apprentice
classification
The various levels are now part of Master Wage
Data – they should be there for every project
Apprentice Laborers
We had 19 approved laborer apprentices this year –
most from Western Minnesota companies
These workers can earn as little as 80% of the laborer
wage
Same procedure – must be approved
Apprentice Lineman
We had 8 apprentice linemen working on our projects in 2018 for 3 contractors.
We expect this to rise next year
The apprentice linemen must be supervised when doing electrical work
There are 7 levels, they are part of Master Wage Data now
Truck Drivers “Leasing” from Subcontractor
Is this a legitimate leasing arrangement?
If the driver is “leasing” from the company they are
hauling for, it is likely NOT a legitimate arrangement
Use care if it looks like Owner-Operator Status is
being falsified.
Group 2 Laborer – Conduit and Electrical
Century Code violation – electrical work done by Non-Electrician
A Group 2 Conduit Layer may not touch electrical wire or conduit.
Agreement from both AGC and the union
▪ If you see the Group 2 Laborer classification on a job involving electrical work, it is probably a violation.
Group 4 Laborer – Reinforcing Iron Rebar
Ironworker – must be conformed if the worker
does complex (structural) iron work or
decorative work.
Group 4 Laborer – if the worker lays rebar or
reinforcements for concrete, they are a Group 4
laborer
Skidsteer
We still have contractors who are unaware of
need to pay skidsteer operators as Group 5
operators.
You should be catching this early in the process
“Site of Work” for District-Wide Projects
The “site of work” on district-wide projects is the immediate
area where work is being performed.
NOT the entire district, or the entire highway system
Central staging area (where paint and materials are kept) -
not the “site of work” unless it is adjacent or virtually adjacent
to an area where striping is actually done.
The time spent driving from one “site of work” to another is
not covered as DBRA work, unless the two work sites are
adjacent or virtually adjacent to each other.
Red Flags for Fraud
Rates of pay change on amended payroll, but
gross pay stays the same.
▪ Other indication of Fraud.
Wage & Hour Requirements Handbook Edit
This Manual got a significant edit this year, and will get another next year.
If contractors ask, we are trying to edit down duplicative or dated items in the Manual
If there is a question on whether policy has changed, send the contractor to me.
LCPtracker Update
▪ No Major issues.
▪ Please close your projects.
▪ Review your payrolls in a timely way. Within 30
days at the most.
▪ Dismiss your violations.
Ramona Bernard Gail Brown
328-2576 328-2605
Amy Conklin Paula Messmer
328-3116 328-2978