History

Before TEA-21, there were many transportation bills including The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). ISTEA, like TEA-21, was legislation that authorized the funding for highways, highway safety, railroads, air transportation, and mass transit. And like TEA-21, it contained language that allowed states to use 2 of 1% of their highway and bridge construction money to increase opportunities for women and minorities in the highway construction industry.

RETURN TO NEWIT HOME PAGE

or

Learn More about On-the-Job Training
Supportive Services Funds
by clicking on the links below

Information on the OJT Program
What Can OJT/SS ½ of 1% Funds be Used For?
Drawing Down ½ of 1% OJT/SS Funds

The Highway Construction On-the-Job Training Program

The highway construction OJT program was designed to train people who traditionally have been excluded from the construction industry (women, people of color, and other "disadvantaged" groups). Currently, not all state highway agencies have an OJT program (for example, there are no OJT programs in Louisiana, Texas, Arkansas, New Mexico, and Oklahoma). In states that do have OJT programs, the state highway agency sets annual training goals and assigns training slots in targeted construction contracts, usually on large highway or bridge construction projects.

The contractor and the state highway agency determine the actual type of training to be conducted based on the contractor's workforce needs. OJT positions include equipment operator, laborer, carpenter, painter, steel worker, pipelayer, plant operator, and mechanical maintenance worker. The highway construction OJT program is not connected with other training programs, such as those operated through the Department of Labor under the Job Training Partnership Act (JTPA) in the past and now operated under the Workforce Investment Act (WIA).

The 1/2 of 1% OJT supportive services monies come under the OJT program, but they are not strictly limited to providing services to OJT employees. The funds may be used for a wide variety of services for women and minorities in or entering the highway construction industry, including recruitment, screening, referral, transportation, child care, and skills training. Individuals served by ½ of 1% OJT/SS money may go into OJT positions or regular employment in a contractor's workforce.

Facts about women and construction work

Poverty is concentrated in female-headed families. Although women have entered the workforce in record numbers over the past two decades, they remain concentrated in traditional "women's" occupations, which pay less than traditional "men's" occupations. The federal government's lack of civil rights enforcement in construction hiring and contracts contributes to and perpetuates the feminization of poverty.

Jobs in the highway construction industry pay a living wage - that is they pay enough to support a family. And highway construction jobs do not require a college education. Generally, jobs in the highway construction industry require only a high school diploma or a GED. In addition, the highway construction industry has traditionally brought in entry level, low-skilled or unskilled workers and trained them for skilled trades work.

Currently, the highway construction industry, like the construction industry in general, is faced with a shortage of skilled workers. Contractors need workers now - and they will continue to need workers in the future. This is an industry with a future, a good career choice for women.

The benefits for women with careers in highway construction are significant. In On the Road to Equality: Women in Highway Construction, the Federal Highway Administration noted that:

• The construction trades offer jobs that pay well enough to support a family;
• Some skilled construction workers can make in a day what a minimum wage earner makes in a week;
• Highway construction skills are transferable to jobs in the building construction industry;
• Experience in highway construction can lead to business ownership.

Despite these benefits, the numbers of women in skilled, semi-skilled, and unskilled highway construction jobs has remained virtually unchanged. Today we have only one female construction worker for every 540 miles of road in this country.

TEA-21 is funded partially through the Highway Trust Fund. The price of every gallon of gas sold in the United States includes a tax, which is paid into the Highway Trust Fund. That money is then used to pay for highway and bridge construction. Women comprise 48% of the licensed drivers in this country; we own and drive cars and purchase gas. Women thus pay into the Highway Trust Fund at a rate nearly equal to men. However, women do not reap the same economic benefits that men do from their contributions to the Highway Trust Fund. Overall, women have received less than 6% of the jobs and construction contracts in the transportation industry. Minority men have fared only somewhat better.

On-the-Job Training/Supportive Services ½ of 1% Funds provide a vehicle to educate women about jobs in the highway construction industry, to provide them with skills training that will help them access highway construction jobs, and to support them in highway construction work.

Documenting the Need for Drawing Down OJT/SS ½ of 1% Funds: FORMS PR-1391 and PR-1392

Form PR-1392 (known as AForm 1392" or just Athe 1392") provides the best information available on each state's track record of women and minorities working in the highway construction industry's workforce. Form 1392 can be an effective tool in documenting the need for the use of 2 of 1% funds to help increase the numbers of women in the external highway workforce. (State highway agencies differentiate between "internal" and "external" workforces. "External" refers to the workforces of contractors who have highway and bridge construction contracts with the State Highway Agency. "Internal", refers to the workforce within the state's Department of Transportation, such as highway maintenance workers.)

Each summer, every highway and bridge construction contractor completes the Form PR-1391 which describes the contractor's workforce on each of their federal aid highway or bridge project during the third week of July in that year. These forms break down the contractor's work force for a project according to sex, race, and job category. The third week in July is used because it is the height of the construction season, when most projects and contractors are going full-force, and thus compiling information at this time is supposed to give a "snapshot" of the diversity of the workforce during its peak activity. All of the PR-1391 Forms from a state are compiled to create the state's Form PR-1392. Every year the State highway agency submits the PR-1392 to the Federal Highway Administration (FHWA).

You can obtain a copy of the 1392 for the last two years from your state Department of Transportation (DOT). You can then use the 1392 to meet with DOT and/or FHWA officials to discuss the need for drawing down and using the ½ of 1% OJT Supportive Services funds in your state. The 1392 contains the best information available on the state's record for women and minorities in the external highway workforce.

The state transportation officials will probably say that the form is inaccurate, or not a reliable indicator. While this is true, it is also true that it is the information they provide to FHWA and is the most accurate information available.

How to Analyze a 1392

If you look at the 1392 only for the total numbers of women in the workforce, it looks pretty good. Women made up 10.2% of the workforce that year, well over the 6.9% goal. However, Executive Order 11246's goal of 6.9% women is for each trade category, not total workforce.

Executive Order 11246 is the affirmative action regulation that prohibits discrimination on federal aid construction projects. It sets hiring goals for women and minorities on federally funded construction projects. The goal for women's participation on federal aid construction projects has been 6.9% since 1981. The goal for minority participation varies regionally. These goals are based on the number of hours worked, not on the number of women and minorities on the project.

When you look at the breakdown by job categories you will find a different story. According to this report, the female goal was met/exceeded in only three categories: officials, clerical, and unskilled laborers. This means that:

1. 1. A significant number of woman-owned businesses are getting highway contracts, or contractors receiving contracts have women in upper-level management positions (officials category).
2. To no one's surprise, women are by far the majority of clerical workers in highway construction. That's not exactly progress.
3. Unskilled laborers are general entry-level laborers and flaggers. Did you notice that flagging or traffic control was not on the list? The numbers of women who are flagging - an important job essential to the safety of the entire crew and motorists, but the lowest paid job on the crew, with limited opportunities for learning new skills - gets buried in the unskilled laborer category.

Therefore, look carefully at the 1392, and figure for yourself the percentages for each trade. And remember that the 1392 counts bodies, not hours worked, which is the real yardstick for the 6.9% goal. If the figures for hours worked were available, the percentages would probably be even lower.

Requesting the Form PR-1392

To request the Form PR-1392, call the state Department of Transportation's (DOT) Civil Rights office and request Form PR-1392, "Summary of External Contractor Workforce" for the last two years.

When you request this form, you may be told that the information is not available or that they cannot give it to you. If this happens, you should reply: "It is my understanding that this form is completed each year during the third week in July and is submitted to the Federal Highway Administration (FHWA). It is also my understanding that this is public information and that it is available under the Freedom of Information Act. If necessary, I will request it in writing."

If your state highway agency continues to refuse to give you copies of the 1392's you can request the forms from the person in your FHWA Division Office who is responsible for Civil Rights.

You can also make a Freedom of Information Act request for the Form 1392. Making the request by telephone, going up the chain of command if necessary, is generally less threatening than sending the Freedom of Information Act letter first. However, if your phone requests do not get results, use the letter.

Freedom of Information Act Request

A Freedom of Information Act Request must be in writing. It can be very simple. For example, to request your state's Form PR-1392 under the Freedom of Information Act, the following letter will suffice:

Dear (state highway agency transportation official):

I am requesting a copy of (state's name) Form 1392 for the years _____ and ____. This request is made under the Freedom of Information Act.

Sincerely,

Who's Who?

Before you begin advocating for your state highway agency to draw down their ½ of 1% monies, you will need to have an understanding of how highway departments are structured and the relationship between the Federal Highway Administration (FHWA) and the state highway agencies. Fortunately, the Department of Transportation organizational structure is very similar from state to state. Occasionally, the names or titles may be different (for example, the head of the state highway agency may be a Commissioner or a Secretary), but their jobs are basically the same. While the state highway agencies are fairly autonomous, they do have to report to the FHWA, which approves their plans.

Federal Highway Administration Structure
State Highway Agency Structure
Federal Highway Administration Reorganization

Federal Highway Administration Structure

The FHWA is an agency within the much larger U.S. Department of Transportation. The U. S. Department of Transportation is headed by the Secretary and the Deputy Secretary of Transportation. The FHWA is headed by an Administrator and a Deputy Administrator.

There is a FHWA Division Office in each state, usually in the state's capital city. Each Division Office is headed by an Administrator and an Assistant Administrator.

The Washington office of FHWA coordinates the overall organization of the FHWA and provides funds to state highway agencies. It develops and proposes new federal legislation pertaining to highways and serves as the primary liaison to Congress. It responds to both Congressional and public inquiries.

The Division Offices make sure that the state highway agencies follow federal regulations. The Division Office is where many of the decisions affecting each state's highway agency are made. The Division Office reviews and approves state project actions in accordance with federal requirements, and it controls the money for programs (this includes the TEA 21 ½ of 1% money; when the state highway agency decides to draw down these funds, the decision must be approved by the Division Office). The Division Office serves as the primary link between FHWA, state, and local governments, local congressional offices, and the public.

There are 52 Division Offices: one in each state, one in the District of Columbia, and one in Puerto Rico.

To identify who the Division Administrator and Division Assistant Administrator are in your state's FHWA Division Office and to learn how to contact them, search here.

State Highway Agency/Department of Transportation Structure

The State Department of Transportation (DOT) is headed by a political appointee, usually a Commissioner or Secretary, and a Deputy Commissioner or Secretary. These political appointees may change each time a new governor is elected. Because the decision to draw down the ½ of 1% money is a political decision, these leaders can be key players in influencing a state's decision.

The state DOT's are charged with developing and carrying out plans for the highway system within the state, and carrying out civil rights responsibilities, including external (contractors') workforce compliance, skills training, OJT, and internal affirmative action programs. "External" refers to the contractors' workforce, while "internal" refers to the workforce within the state's Department of Transportation, such as highway maintenance workers.

The Commissioner or Secretary of a state DOT decides whether to draw down the ½ of 1% money. The request is made to the FHWA Division Administrator, who in turn must approve the request.

Contacting your state's transportation officials

Start by identifying the key players in your state. These will be the Commissioner/ Secretary, the Deputy Commissioner/Secretary, and the Civil Rights practitioners for external programs.

When you begin talking and meeting with Department of Transportation officials, remember that state highway agencies are usually run by engineers who know construction very well, but who are not always well-versed in civil rights issues or nontraditional job training and placement services for women.

Your first contact should be with the Civil Rights practitioners for external programs at your state highway agency. While they may not have the power to draw down the ½ of 1% OJT/SS money, they can be important allies. They also will have information that you need, including the Form 1392.

FHWA Reorganization

The U. S. Department of Transportation's Federal Highway Administration (FHWA) has just undergone a reorganization. As a result of this restructuring, the FHWA Regional Offices have been closed. This means that FHWA Division Offices (located in each state, as well as in the District of Columbia and Puerto Rico) now receive all communications and direction from FHWA Headquarters in Washington, DC and no longer report to a regional office.

As a part of the reorganization, Resource Centers have been established in Baltimore, MD; Atlanta, GA; Olympia Fields, IL; and San Francisco, CA. These resource centers will provide assistance on technical and program issues as requested by the Division Offices. The resource centers will not exercise any program control over the Division Offices.

Each resource center will have a civil rights practitioner available to provide technical assistance on civil rights issues as requested by the Division Offices.

Strategies for Accessing TEA-21 ½ of 1% OJT/SS Monies

• Take time to do your homework. Learn about the federal and state highway agencies, their affirmative action and civil rights programs, TEA 21 and the ½ of 1% OJT/SS funds for skills training and supportive services for women and minorities. For more information about TEA 21 and ½ of 1% OJT/SS funds, click here.
• Be familiar with affirmative action regulations pertaining to women in construction.
• Identify key people in your state highway agency (DOT) and the Federal Highway Administration (FHWA). These include DOT Civil Rights Practitioners in charge of external affirmative action programs, the DOT Commissioner or Secretary, the DOT Deputy Commissioner or Secretary, the FHWA Division Assistant Administrator, and the FHWA Division Administrator. For more information about identifying your state and federal transportation officials, search here.
• Strategize the best ways to approach these key players.
• Call the state DOT Civil Rights office to request Form PR-1392, "Summary of External Contractor Workforce" for the last two years. For more information about the Form PR-1392 and how it can be used to demonstrate the importance of drawing down the ½ of 1% OJT/SS funds and using them to increase opportunities for women and minorities, click here.
• Ask the DOT civil rights practitioner if your state DOT has drawn down the OJT Supportive Services ½ of 1% funding. If the answer is yes, clarify that they do not mean the DBE supportive services program funds.
  
  If your state has drawn down the 2 of 1% OJT Supportive Services funds, ask what the funds are being used for. Are they being used internally, or has the DOT contracted out the funds? If the funds have been contracted out, contact that agency or organization to find out more about their services.

• If your state has not drawn down the ½ of 1% funds, make an appointment to discuss the importance of drawing down the ½ of 1% monies. Meet with the civil rights practitioner and ask if the state's matching funds for federal highway dollars come from the state Highway Trust Fund or the state General Fund. If they come from the General Fund, ask if the state has drawn their full apportionment of federal dollars for highway and bridge construction. If the state has not drawn down their full apportionment, ask what percentage and actual dollar amount they have drawn down. This dollar amount is the basis for calculating the ½ of 1%.
  
  If the civil rights practitioner does not have the answer to these questions, ask him/her to find the answers and get back to you or to refer you to someone who has the information.
  
  Let the civil rights practitioner know that you are on the same side. You both are interested in civil rights in highway construction employment for women and minorities. Some civil rights practitioners feel frustrated about the slow gains in affirmative action, and have said that they are only as effective as the advocates pushing from outside the system are. Ask how you can support them in doing their job.
  
  
• Consider forming a coalition with others in your state to advocate for drawing down the ½ of 1% OJT/SS monies. Women and minority community-based organizations, schools, welfare to work programs, nontraditional job training programs, tradeswomen's organizations, and state or local Commissions on the Status of Women can be effective partners in your work.
  
  
• Ask NEWIT about scheduling a partnering institute in your state to explain TEA 21, the ½ of 1% money, and to help you develop a plan for accessing and using ½ of 1% funds. To contact NEWIT, click here.
  
  
• Set up a meeting with the DOT Commissioner to discuss drawing down the ½ of 1% funds. The Commissioner will bring other key players from within the agency to this meeting. If possible, go to the meeting with several allies from the organizations you identified.

In your meeting with the Commissioner:

Tell the Commissioner about the ½ of 1% OJT Supportive Services monies available through TEA 21. Do not assume that he/she will know what you are talking about; he/she may know little or nothing about this funding.

Explain that this is not the supportive services money allocated for the Disadvantaged Business Enterprise (DBE) Program, which has been part of their federal funding since the 1970's. This funding first became available under ISTEA in 1991.

If the Commissioner says that there are already women and minorities in the construction workforce, refer back to the 1392. Explain how the 1392 indicates that your state should have more women and minorities working on highway construction projects.

The Commissioner may say: "We don't have extra money for this program. Where would we get the money?" You should reply that this is not extra money. The money is already in the DOT budget, in their highway and bridge construction programs. TEA 21 authorizes the state to use ½ of 1% of the money already allocated for construction for training and support services to increase the numbers of women and minorities in the highway construction industry. All the Commissioner needs to do is decide to use this small amount of money for these services instead of construction. Remember that to DOT's, the amount of money in question is a small amount.

After all, $1 million paves one mile of road! Less than one mile of road will not be re-paved each year when your state draws down its ½ of 1% funds! Talk about the kinds of programming that could be started or expanded with ½ of 1% funds.

Remind the Commissioner - gently - that this is a win/win situation. After all, by regulation, 6.9% of all workers in each job classification on federally funded projects are supposed to be women, a goal that is rarely met. Highway officials need to understand that training and assisting women is in their best interest.

Mention the need for high paying jobs to help move women and their families out of poverty.

When the DOT becomes receptive to drawing down the ½ of 1% funds, be prepared to recommend how this money should be used. For help in designing effective OJT/SS programming, contact NEWIT for assistance.

Also once the DOT has decided to draw down the ½ of 1% funds, ask if the DOT will put the funds out for bid, or if they will offer a contract to a consultant with a bid or proposal process (sole source). You want to be on the list to receive the guidelines and submit a proposal; or if they "sole source" the contract, talk to them about how you can provide the services to be developed under the funding.

Be persistent. Your efforts probably will not produce the desired results on the first try. This can be a long process. If it doesn't work the first time, keep working at it. Contact NEWIT for assistance.

If necessary, try other routes. Contact the Governor, the FHWA Division Assistant Administrator, and the FHWA Division Administrator to discuss with them the opportunities afforded by the ½ of 1% funds and to enlist their support.

Talk to state legislators who are supportive of women's and minority concerns. Educate them about the ½ of 1% funds available through DOT. Enlist their support. They have considerable influence. When a DOT Commissioner hears from a legislator about an issue, s/he pays attention. The decision to draw down the funds is made annually. Once the funds have been drawn down, you may need to encourage your DOT to do it each year.

If you still are not successful, contact NEWIT for assistance.