Current through Register Vol. 63, No. 12, December 1, 2024
(1) In addition to the definitions in ORS 279C.308, the
following definitions apply to OAR 731-005-0900:
(a) "Community workforce agreement" means an agreement executed
by the ODOT Director or the Director's designee and one or more labor
organizations to establish material terms that ODOT may include in a community
benefit contract.
(b) "Economically distressed zip code" or "EDZ" means a
geographic area identified by a United States Postal Service zip code, and
identified by ODOT as having a high concentration of the following
factors:
(A) Low-income households;
(B) Unemployed individuals; and
(C) Other related economic factors as determined by
ODOT.
(c) "EDZ resident worker" means a worker domiciled in an
economically distressed zip code.
(d) "Minority" has the meaning set forth in 41 CFR §
60-4.3 for purposes of implementing Presidential Executive Order 11246, as
amended.
(e) "Trade" means a specific trade or occupation for which the
Oregon Bureau of Labor and Industries has determined the prevailing wage rate
pursuant to ORS 279C.815.
(2) This rule, OAR 731-005-0900, establishes the Community
Benefit Program. The ODOT Director or the Director's designee may designate a
public improvement contract as a community benefit contract, in accordance with
ORS 279C.308, if:
(a) The project is administered by ODOT and is in the Statewide
Transportation Improvement Program;
(b) The proposed community benefit contract is partially or
completely funded by the Infrastructure Investment and Jobs Act, Public Law 117-58(2021);
(c) The proposed community benefit project receives all
necessary approvals from the Federal Highway Administration; and
(d) After consideration of factors listed by the Federal
Highway Administration for the approval of a community workforce agreement that
would be included in a community benefit project, the ODOT Director or the
Director's designee determines the project complies with the factors and any
guidance from the Federal Highway Administration.
(3) In furtherance of the Community Benefit Program, the ODOT
Director or the Director's designee may enter into community workforce
agreements with labor organizations to develop material provisions that ODOT
may include in a community benefit contract, including, but not limited to,
material provisions that ensure labor peace, set forth protocols for hiring and
dispatch of union labor in support of ODOT's goals and targets for
apprenticeship and hiring.
(4) In addition to the material provisions listed in ORS
279C.308(3)(b) and any applicable provisions of the Oregon Public Contracting
Code, a community benefit contract may include as material provisions of the
community benefit contract terms and conditions that require the contractor
to:
(a) Meet minimum qualifications for contractor and
subcontractor participation in a community benefit contract.
(b) Employ apprentices and trainees from ODOT-approved programs
to perform a specified percentage of work hours that workers in apprenticeable
occupations perform on the community benefit project.
(c) Provide for payment of wages at or above the prevailing
rate of wage in accordance with applicable state or federal laws or in
accordance with the applicable trade's collective bargaining agreement,
whichever is highest.
(d) Provide employer-paid retirement benefits.
(e) Comply with hiring goals for EDZ resident workers and goals
for apprenticeship and training, as established by ODOT for each community
benefit contract.
(f) Provide a plan to increase participation of minority and
women workers in furtherance of workforce diversity and ODOT's aspirational
targets, as described in each community benefit contract, and comply with the
provided plan.
(g) Participate in a pre-job conference to discuss requirements
for the Community Benefit Program and require the contractor's subcontractors
to participate in a pre-job conference.
(h) Meet periodic reporting requirements established for each
community benefit contract that may include, but are not limited to, the
following information:
(A) The number of apprentices and journey workers and the
percentage of total workforce hours worked by apprentices and journey
workers;
(B) The number of minority and women workers and the percentage
of total workforce hours worked by minorities and women workers;
(C) The number of EDZ resident workers and the percentage of
total workforce hours worked by EDZ resident workers;
(D) Safety incidents; and
(E) Any other workforce-related information required by
ODOT.
(i) Provide minimum worksite conditions and safety
requirements, including:
(A) Respectful worksites;
(B) Drug and alcohol testing, access to personal protective
equipment, worker facilities, appropriate bathroom facilities and security
measures; and
(C) Training related to worksite conditions and safety
requirements.
(j) Execute a letter of assent binding a contractor and all of
contractor's subcontractors on the community benefit contract to one or more of
the requirements described in a community workforce agreement.
(5) Notwithstanding the contractor's execution of a letter of
assent as described in section (4)(j) of this rule, the following terms apply
to a community benefit contract:
(a) All disputes between ODOT and contractor are governed by
and resolved under the terms of the community benefit contract.
(b) Any conflict or discrepancy between the community workforce
agreement and any applicable collective bargaining agreement is governed by and
resolved under the terms of the applicable community workforce
agreement.
(6) The material provisions of a community benefit contract,
including any requirement incorporated into a community benefit contract from a
community workforce agreement, must comply with applicable local, state and
federal laws, and the requirements for the following federal programs: the
Disadvantaged Business Enterprise Program, the Equal Employment Opportunity
Program, the On-The-Job Training Program, the Tribal Employment Rights
Ordinance, and any other federal programs applicable to the community benefit
contract.
Statutory/Other Authority: ORS 184.619
Statutes/Other Implemented: ORS
279C.308
