3K Physical Inspection of Contractor Worksites
The purpose of conducting an inspection of worksites is to obtain additional information regarding the contractor’s compliance with the requirements, including requirements that must be implemented at such sites (e.g., posting of policy, EEO poster). In addition, a CO can document the type of work performed, the conditions under which it is performed and the makeup of the workforce performing that work, through the on-site inspection.
The CO should inspect at least one federal or federally assisted construction worksite that is related to the construction contract as a part of the compliance review and, whenever possible, nonfederally involved worksites should be inspected as well. COs must include information on the worksites inspected (e.g., project name, location, and funding) in Part IV of the Construction SCER.
a. Equal Opportunity Clause and Other Requirements. The CO should review bulletin boards maintained on-site to ensure that the contractor’s EEO policy is posted and that the required notices at 41 CFR 60-1.35(c) and 41 CFR 60-1.42 are also posted.234 For contractors subject to the VEVRAA and Section 503 AAP requirements of 41 CFR 60-300 and 41 CFR 60-741, the CO should determine whether notice of the location and hours of availability of the written AAP(s) are also posted.235
b. Working Conditions. The CO should review working conditions to determine whether there is evidence of harassment, intimidation or coercion, for example, a substantial difference in the conditions available to women or minorities. When feasible, at least two women should be assigned to the project(s). Also ensure that all facilities are nonsegregated, and that, where appropriate, the contractor provided separate or single-user toilet and changing facilities to ensure privacy between the sexes.
234. Required notices include the Pay Transparency Nondiscrimination Provision, Equal Employment Opportunity is the Law poster and any required poster supplements. If the Pay Transparency Nondiscrimination Provision is not physically posted, it must be posted electronically.
235. See 41 CFR 60-300.41, and 41 CFR 60-741.41.
Pursuant to Executive Order 13496 and its implementing regulations, 29 CFR Part 471, federal contractors and subcontractors (but not federally assisted construction contractors) must notify employees about their rights under the NLRA. Contractors with covered contracts must meet their obligations under Executive Order 13496.236
Executive Order 13496 requires that covered contractors post notices specifying employee rights under the NLRA. The NLRA guarantees employees the right to organize and bargain collectively with their employer, and to be free from retaliation for so doing. Contractors must post the notice conspicuously in and around their establishments, worksites and offices so that it is prominent and employees who are covered by the NLRA and directly or indirectly (e.g., maintenance, repair, personnel, payroll work) engaged in contract-related activity can readily see it. COs must inspect employee bulletin boards and areas frequented by applicants and employees, such as break rooms, personnel offices and common areas, for the required poster. If the contractor customarily posts employee notices regarding the terms and conditions of employment electronically, then the contractor must also post the Executive Order 13496 notice electronically. COs must verify the contractor’s compliance.
Executive Order 13496 also requires that covered contractors ensure that each subcontract and purchase order related to their federal contract(s) contains a notice of this posting obligation. COs must review a sampling of subcontracts and purchase orders to ensure that a covered contractor complies with this requirement.
There are exceptions to the posting requirements so COs must consult with the RSOL, their supervisors or the national office if there are questions about coverage under Executive Order 13496.237 If a violation of Executive Order 13496 is not corrected, the Director of OFCCP, or a designee, refers the matter to the Director of OLMS, who may take enforcement action, as appropriate, under 29 CFR 471.13.
236. See OFCCP Directive 2010-01, “Verification Procedures under E.O. 13496, Notification of Employee Rights under Federal Labor Laws, and the Department of Labor’s Implementing Regulations at 29 C.F.R. Part 471.”
237. See Executive Order 13496 Frequently Asked Questions, http://www.dol.gov/ofccp/regs/compliance/EO13496_faqs.htm (last accessed Sept. 11, 2019).