On January 20, AGC submitted comments in response to a proposed rule issued by the U.S. Department of Labor’s Notice of Proposed Rulemaking (NPRM) to update the equal employment opportunity regulations that implement the National Apprenticeship Act. In some cases, this is the first time the rules overseeing such programs have been updated since 1978.
If implemented, the proposed rule would add age and disability status to the list of protected classes, as well as specific, mandatory actions that program sponsors must take to ensure equal opportunity in apprenticeship training programs. The rule proposes to mandate certain affirmative action obligations that are listed only as suggestions or best practices in the current rule. Among the most significant changes are the requirement for plan sponsors to take affirmative action to recruit individuals in the protected class groups, including the requirement to set a 7 percent goal for the utilization of individuals with disabilities. The rule also contains specific outreach, record-keeping, training and other compliance requirements.
AGC’s letter asked the labor department to:
- Simplify the steps that program sponsors must undertake to ensure equal opportunity;
- Eliminate the 7 percent utilization goal for individuals with disabilities;
- Eliminate a requirement for applicants to self-identify as an individual with a disability both pre- and post-acceptance;
- Consider “good-faith efforts” for compliance instead of goals that act as quotas;
- Reduce sponsors’ record-keeping burdens and costs of compliance; and
- Clarify and/or provide additional guidance regarding the methods that may be used to select apprentices for program participation.
AGC commented on the NPRM because members and chapters administer and partner with numerous apprenticeship programs that provide training across the country and across construction trades. If implemented as proposed, AGC believes the proposed rule will require excessive staff time for administration and compliance.
The labor department has not specified a timeframe for a final rule or implementation date. AGC will continue to monitor the proposed rule and will comment on future rulemakings as appropriate.
For more information, please contact Jim Young at youngj@agc.org or (202) 547-0133.