new specification 2018... · contractor training and trainee monitoring a contractor’s...
TRANSCRIPT
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CDOT OJT TrainingNew Specification 2018October
2018
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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
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Is OJT a Mandatory Requirement?
Answer: Yes… but
Is it a mandatory requirement on
every CDOT job?
Answer: No.
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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
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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.
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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
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Understanding the CDOT OJT
Standard Special Provision
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
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Understanding the CDOT OJT
Standard Special Provision
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.
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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
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Understanding the CDOT OJT
Standard Special Provision
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.
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Understanding the CDOT OJT
Standard Special Provision
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.
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Understanding the CDOT OJT
Standard Special Provision
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.”
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Understanding the CDOT OJT
Standard Special Provision
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.
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Understanding the CDOT OJT
Standard Special Provision
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.
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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.
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Understanding the CDOT OJT
Standard Special Provision
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.
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Understanding the CDOT OJT
Standard Special Provision
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.
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Understanding the CDOT OJT
Standard Special Provision
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)
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Understanding the CDOT OJT
Standard Special Provision
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.
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Understanding the CDOT OJT
Standard Special Provision
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.
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Understanding the CDOT OJT
Standard Special Provision
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.
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Understanding the CDOT OJT
Standard Special Provision
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.
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Understanding the CDOT OJT
Standard Special Provision
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.
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Understanding the CDOT OJT
Standard Special Provision
CDOT PAC – UP Plan Preapproved Classifications
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Understanding the CDOT OJT
Standard Special Provision
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.
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Understanding the CDOT OJT
Standard Special Provision
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.
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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