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DOL/OFCCP

RIN: 1250-AA01

Publication ID: Fall 2010

Title: Construction Contractor Affirmative Action Requirements
Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the regulations in 41 CFR part 60-4 implementing the affirmative action requirements of Executive Order 11246 that are applicable to Federal and federally assisted construction contractors. The NPRM will strengthen and enhance the effectiveness of the affirmative action program requirements for Federal and federally-assisted construction contractors and subcontractors, particularly in the area of recruitment and job training.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 41 CFR 60-1 41 CFR 60-4 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: sec 201, 202, 205, 211, 301, 302, and 303 of EO 11246, as amended 30 FR 12319 32 FR 14303, as amended by EO 12086

Legal Deadline: None

Statement of Need: The regulations implementing construction contractor affirmative action obligations under Executive Order 11246, as amended, were last revised in 1980. Recent data show that disparities in the representation of women and racial minorities continue to exist in on-site construction occupations in the construction industry. The NPRM would remove outdated regulatory provisions, propose a new method for establishing affirmative action goals, and propose other revisions to the affirmative action requirements that reflect the realities of the labor market and employment practices in the construction industry today.

Summary of the Legal Basis: This action is not required by statute or court order. Legal Authority: Sections 201, 202, 205, 211, 301, 302, and 303 of E.O. 11246, as amended, 30 FR 12319: 32 FR 14303, as amended by E.O. 12086.

Alternatives: Regulatory alternatives will be addressed as the NPRM is developed

Anticipated Costs and Benefits: There may be some additional costs to contractors as a result of the increased scope of required actions. The benefits would likely include increased diversity in construction workplaces and increased opportunities for women and minorities to get on-site construction jobs. More detailed cost and benefit analyses will be made as the NPRM is developed.

Risks: Failure to provide updated regulations may impede the equal opportunity rights of some workers in protected classes.

Timetable:

Action	Date	FR Cite
NPRM	07/00/2011

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: None
Federalism: Undetermined
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Related RINs: Previously reported as 1215-AB81
Agency Contact: Sandra M. Dillon Deputy Director, Division of Policy, Planning and Program Development Department of Labor Office of Federal Contract Compliance Programs 200 Constitution Avenue NW., N3422, Washington, DC 20210 Phone:202 693-0102 Email: dillon.sandra.m@dol.gov