518.01 Description
This work shall consist of providing the training specified herein as part of the Contractor’ s EEO Affirmative Action Program. This specification implements the provisions and requirements of 23 CFR, Part 230, Subpart A, Appendix B.
518.02 Procedures
The Contractor shall provide each trainee with a copy of the specific training program and a certificate showing the type and duration of training satisfactorily completed upon completion of the training program. The Contractor shall maintain records and furnish periodic reports to the Engineer documenting compliance with the requirements herein.
a.Number of Trainees: The number of trainees for each contract shall be as specified in the Contract. The number of trainees is determined by the District Civil Rights Manager (DCRM). If the Contractor sublets a portion of the Contract, the Contractor shall determine how many trainees are to be trained by the subcontractor. The Contractor shall retain the primary responsibility for conforming to the training requirements imposed by this specification. The Contractor shall ensure that these same training requirements are included and made applicable to the subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training.
b.Distribution of Trainees: The number of trainees shall be distributed among the work classifications on the basis of the Contractor’ s needs and the availability of journeymen in the various classifi - cations within a reasonable area of recruitment. The Contractor will be credited for each trainee employed by the Contractor or approved subcontractors under the Contract who is currently enrolled or becomes enrolled in an approved program. 518.02 The enrollment of minorities, women, and other disadvantaged persons is approved and monitored by the DCRM. Trainees will be enrolled and approved by the DCRM on Form C-65 prior to the start of training.
c.Minorities and Women: Training and upgrading of minorities and women toward journeymen status are primary objectives under this program. The Contractor shall make every effort to enroll minority and women trainees by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees to the extent such persons are available within a reasonable area of recruitment. The Contractor shall demonstrate the steps taken in pursuit thereof prior to a determination as to whether or not the Contractor is in compliance with the requirements herein. This training commitment shall not be used to discriminate against any applicant for training, whether a member of a minority group or not.
d.Use of Journeymen: No employee shall be employed as a trainee in any classification in which the person has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The Contractor shall satisfy this requirement by including appropriate questions on the employee application or by other suitable means. The Contractor’ s records shall document the findings in each case.
e.Length and Type of Training: The minimum length and type of training for each classification shall be established in the training program selected by the Contractor and approved by the DCRM. The DCRM will approve a program if it is reasonably calculated and designed to meet the EEO obligations of the Contractor and qualify the average trainee for journeymen status in the indicated classification by the end of the training period. Apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a state apprenticeship program (Virginia Department of Labor & Industry) recognized by the U.S. Department of Labor, Bureau of Apprenticeship and Training, will also be considered acceptable in meeting the trainee contract goal provided they are being administered in a manner consistent with the EEO obligations of the Contract. Approval of a training program shall be obtained from the DCRM prior to the commencement of work in the classification covered by the program. Training shall be provided in the construction trade classifications indicated in the On the Job Training (OJT) Manual for Standard Pre-Approved Job Classifications. The Contractor shall provide all training on state or federally funded projects of the Department.
f.Commencement of Training: It is normally expected that a trainee will begin training on the project as soon as is feasible after the start of the work that requires the skill involved and will remain on the project as long as training opportunities exist in the work classification or until the trainee has completed the training program. It is not required that all trainees be on board for the entire duration of the contract. The number trained will be determined on the basis of the total number enrolled under the contract for the entire contract period.
g.Payment to Trainees: Trainees shall be paid at least 60 percent of the appropriate prevailing minimum journeyman’ s rate 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 unless apprentices in an approved existing program are enrolled as trainees on the project. In such cases, the appropriate rates approved by the DCRM in connection with the existing program shall apply to all trainees being trained for the same classification who are covered by these requirements.
h.Failure to Provide Required Training: The Contractor’ s failure to provide the required training damages the effectiveness and integrity of this Affirmative Action Program and circumvents the
Source: Road and Bridge Specifications, 2020 Edition. Pages 753–754 of 1,065.
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