More Contractors In Queue For Compliance Evaluations

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Constangy, Brooks, Smith & Prophete, LLP

Corporate Scheduling Announcement Lists are out!

The Office of Federal Contract Compliance Programs released a new list of contractors to be scheduled for compliance evaluations. The Corporate Scheduling Announcement Lists identify the contractor locations that are subject to review, as well as the type of review to be scheduled at each location.

The CSAL for supply and service contractors includes 2,250 establishments, and the following types of review:

  • 500 Accommodation Focused Reviews
  • 67 Corporate Management Compliance Evaluations
  • 500 Compliance Checks
  • 402 Establishment Reviews
  • 31 Functional AAP Reviews
  • 500 Promotion Focused Reviews
  • 250 Section 503 Focused Reviews

If you are wondering what "Accommodation" and "Promotion" focused reviews are, you are not alone. Although the OFCCP has said that it intends to begin conducting these reviews, it has not provided any insight regarding what the reviews will entail, nor has the agency received approval from the Office of Management and Budget for scheduling letters to initiate them.

Institutions of higher education are included, after being excluded from the most recent list. The OFCCP’s methodology statement provides that universities were selected based on the highest employee count in each OFCCP region. The agency further explained,

“University reviews shall include the entire university campus located in one city. University reviews of one campus will not include the university’s other campuses in another city, medical school, and/or its affiliated hospital. Further, these reviews will not include university extension programs/services that are located outside of the main campus. If a university has multiple campuses in different cities, each campus is treated as a separate establishment of the university. Similarly, medical schools and hospitals, if owned by the university, are treated as separate establishments.

Another significant change to the selection process is the agency’s use of other enforcement databases. Because the OFCCP desires to “focus its scheduling efforts on those contractors that may be more likely to violate OFCCP’s laws,” it identified establishments that, in the past five fiscal years, had non-technical violations of the Occupational Safety and Health Act or federal wage and hour law.

The CSAL for construction contractors identifies 200 locations for audit, all of which are to receive compliance checks -- the much-abbreviated version of evaluation. In responding to a compliance check, contractors are required to provide only three items:

  • AAP results for the preceding year
  • Examples of job advertisements, including listings with state employment
  • Examples of accommodations made for persons with disabilities

Contractors are encouraged to take advantage of this advance notice of a compliance evaluation. If your organization is on the list, it is wise to prepare now for the eventual audit.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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