U.S. DEPARTMENT OF LABOR

FY 2012 ANNUAL PERFORMANCE REPORT

TABLE OF CONTENTS

Overview............................................................................................................................. 1

Agencies, Programs, and Strategies.................................................................................... 5

Employment and Training .............................................................................................. 6

Employment and Training Administration (ETA)...................................................... 6

Veterans Employment and Training Service (VETS) ................................................ 7

Office of Federal Contractor Compliance Programs (OFCCP).................................. 8

Occupational Safety and Health Administration (OSHA).......................................... 9

Wage and Hour Division (WHD) ............................................................................... 9

Employee Benefits Security Administration (EBSA)............................................... 10

Mine Safety and Health Administration (MSHA).................................................... 11

Office of Labor-Management Standards (OLMS).................................................... 11

Policy ............................................................................................................................ 12

Women's Bureau (WB)............................................................................................. 12

Office of Disability Employment Policy (ODEP) .................................................... 13

Bureau of International Labor Affairs (ILAB) ......................................................... 14

Benefits......................................................................................................................... 15

Office of Workers Compensation Programs (OWCP) ............................................. 15

Federal-State Unemployment Insurance (UI) System (administered by ETA)........ 17

Statistics........................................................................................................................ 17

Bureau of Labor Statistics (BLS).............................................................................. 17

Priority Goals.................................................................................................................... 18

Strategic Goal 1 - Prepare workers for good jobs and ensure fair compensation............. 20

Outcome Goal 1.1 - Increase workers’ incomes and narrow wage and income 

inequality....................................................................................................................... 20

Outcome Goal 1.2 - Assure skills and knowledge that prepare workers to succeed in a 

knowledge-based economy, including in high-growth and emerging industry sectors 

like green jobs............................................................................................................... 26

Outcome Goal 1.3 - Help workers who are in low-wage jobs or out of the labor market 

find a path into middle class jobs.................................................................................. 29

Outcome Goal 1.4 - Help middle-class families remain in the middle class................ 33

Outcome Goal 1.5 - Secure wages and overtime.......................................................... 38

Outcome Goal 1.6 - Foster acceptable work conditions and respect for workers’ rights 

in the global economy to provide workers with a fair share of productivity and protect 

vulnerable people .......................................................................................................... 43

Strategic Goal 2 - Ensure workplaces are safe and healthy.............................................. 48

Outcome Goal 2.1 - Secure safe and healthy workplaces, particularly in high-risk 

industries....................................................................................................................... 48

Strategic Goal 3 - Assure fair and high quality work-life environments.......................... 55
Outcome Goal 3.1 - Break down barriers to fair and diverse workplaces so that every 

worker’s contribution is respected ................................................................................ 55

Outcome Goal 3.2 - Provide workplace flexibility for family and personal care-giving

....................................................................................................................................... 59

Outcome Goal 3.3 - Ensure worker voice in the workplace. ........................................ 60

Strategic Goal 4 - Secure health benefits and, for those not working, provide income 

security.............................................................................................................................. 66

Outcome Goal 4.1 - Facilitate return to work for workers experiencing workplace 

injuries or illnesses who are able to work..................................................................... 66

Outcome Goal 4.2 - Ensure income support when work is impossible or unavailable. 72

Outcome Goal 4.3 - Improve health benefits and retirement security for all workers. 80

Strategic Goal 5 - Produce timely and accurate data on the economic conditions of 

workers and their families................................................................................................. 82

Outcome Goal 5.1 - Provide sound and impartial information on labor market activity, 

working conditions, and price changes in the economy for decision making, including 

support for the formulation of economic and social policy affecting virtually all 

Americans..................................................................................................................... 82

Measures Discontinued in FY 2014.................................................................................. 85

Acronyms.......................................................................................................................... 89

Internet Links.................................................................................................................... 90

This report, as well as the FY 2012 Agency Financial Report and the FY 2012 Summary of 

Performance and Financial Information, can be found on the Internet at 

http://www.dol.gov/dol/aboutdol/.

If you have questions or comments regarding this report, contact:

Performance Management Center

U.S. Department of Labor

200 Constitution Avenue, NW, Room S-3317

Washington, DC 20210

202-693-7120

All references to non-governmental companies or organizations, their services, products or 

resources in this report are offered for informational purposes and should not be construed as an 

endorsement by the Department of Labor of any of the companies or organizations, or their 

services, products or resources. The Department of Labor does not endorse, takes no 

responsibility for, and exercises no control over non-governmental organizations’ Web sites 

mentioned in this report, or their views or contents; nor does it vouch for the accuracy of the 

information contained on other organizations’ Web sites.
Overview

United States Department of Labor – 1 – FY 2012 Annual Performance Report

Overview

Mission: The Department of Labor fosters and promotes the welfare of job seekers, wage 

earners, and retirees of the U.S. by improving their working conditions, advancing their 

opportunities for profitable employment, protecting their retirement and health care benefits, 

helping employers find workers, strengthening collective bargaining, and tracking changes in 

employment, prices and other national economic measures.

The Department accomplishes this mission through component agencies and offices that 

administer various statutes and programs. These programs are carried out through a network of 

regional offices and smaller field, district, and area offices, as well as through grantees and 

contractors. 
Overview

United States Department of Labor – 2 – FY 2012 Annual Performance Report

Introduction

The Department of Labor (DOL) has a strong role to play in helping ensure worker safety and 

voice, in training workers to achieve skills that will help them find a job, in accurately reporting 

labor statistics, and in setting policy to support working families. 

DOL uses results-based management techniques to oversee and continually improve its 

programs. As described in the section below, each DOL agency prepares an annual Operating 

Plan that details the strategies and resources it will apply to reach goals and objectives at all 

levels of the organization. These operating plans seek to balance quantity with quality, establish 

ambitious targets for continuous improvement of program performance, demonstrate 

prioritization of resource allocation, and identify evidence supporting our strategies. 

Departmental leaders review progress against those operating plans each quarter to monitor 

progress and hold agencies accountable for implementing the plans, achieving milestones, and 

making adjustments as needed. 

Budget uncertainties and cuts bring pressure to prioritize and to be more productive. 

Fortunately, the Department is establishing a culture of continuous improvement; we are 

constantly assessing whether our efforts are successful, and why – and seeking ways of doing 

better. The measures and strategies in this report explain how DOL programs are managed to 

improve the lives of American workers. 

Management Issues

Quarterly Operating Plan Reviews

Since the first quarter of Fiscal Year 2010, the Deputy Secretary of Labor has held quarterly 

program performance meetings with the heads of over a dozen DOL agencies that administer

Worker Protection, Employment and Training, Policy, Statistics, and Benefits programs. 

Beginning with FY 2011, all agencies have annual Operating Plans that identify output and 

outcome measures as well as milestones linked to their program performance goals, Agency 

priority goals and the Department’s strategic goals. Quarterly reviews focus on analysis of 

progress against targets in these plans.

Each agency head and senior staff meet in the second month after each quarter with the Deputy 

Secretary and key DOL management officials such as the Performance Improvement Officer, 

performance and budget analysts, congressional liaison, and Solicitor’s Office counsel. 

Agencies’ narrative explanations and analysis of quarter, year-to-date, and five-year trend data 

(if available) – prepared with Department staff assistance – are shared with all attendees prior to 

the meeting. Discussions focus on implications of the data for strategies (what’s working). 

Agencies usually leave the meeting with action items for the next quarter. 

The review process has focused Departmental leadership on strategic management of core 

functions through the use of program performance and budget data. Identification and discussion 

of key measures, annual and seasonal targets, and how budgets, workload and strategies affect 

results have helped communicate priorities and improve performance against benchmarks. 
Overview

United States Department of Labor – 3 – FY 2012 Annual Performance Report

Management Challenges

For 2012, the Office of the Inspector General (OIG) identified the following as the most serious 

management and performance challenges facing the Department:

• Protecting the Safety and Health of Workers

• Protecting the Safety and Health of Miners

• Improving Performance Accountability of Workforce Investment Act Grants

• Ensuring the Effectiveness of the Job Corps Program

• Reducing Improper Payments

• Maintaining the Integrity of Foreign Labor Certification Programs

• Ensuring the Security of Employee Benefit Plan Assets

• Securing Information Technology Systems and Protecting Related Information Assets

• Ensuring the Effectiveness of Veterans’ Employment and Training Service Programs

• Improving Procurement Integrity

Descriptions of each challenge, progress to date and what remains to be done are summarized in 

the FY 2012 Agency Financial Report (www.dol.gov/dol/aboutdol/).

Evaluations

The Chief Evaluation Office (CEO) in the Office of the Assistant Secretary for Policy works 

closely with agency staff to design, fund, and implement program evaluations. The results from 

evaluations inform policy, advance DOL's mission, and improve its performance-based 

management initiatives in support of the Government Performance and Results Modernization 

Act of 2010 (GPRMA). For more information see http://www.dol.gov/asp/evaluation/.

Data Completeness and Reliability

The FY 2012 Summary of Performance and Financial Information includes an assessment by the 

Secretary of the reliability and completeness of DOL performance data reported under the 

GPRMA. The Department satisfies this with Agency Head level attestations that the data do not 

contain significant limitations that can lead to inaccurate assessments of results – with exceptions 

noted. There were no exceptions in FY 2012.

Performance Report Outline

This report satisfies the requirement of GPRMA to provide information on actual performance 

and progress in achieving goals identified in the Annual Performance Plan (APP). Measures and 

targets for FY 2012 were updated in the FY 2011 Annual Performance Report (APR), which was 

the Department’s FY 2013 Annual Performance Plan. The FY 2012 APR serves as the FY 2014 

APP, updates measures and targets for FY 2013, and establishes targets consistent with the FY 

2014 Congressional Budget Justification. 

Some measures are dropped or changed between reports. To present the most current 

information, the APR will provide complete information for the budget year measures only – in 

this case, those retained or added in FY 2014. Complete information for each measure includes 
Overview

United States Department of Labor – 4 – FY 2012 Annual Performance Report

actual performance for the five preceding years, if available, plus targets for the most recent year, 

the current year, and the budget year. Targets and results for measures dropped or changed are 

reported for the report year only in the Measures Discontinued section.

The Agencies, Programs and Strategies section of this report introduces each of DOL’s agencies; 

they are grouped by program type (employment and training, worker protection, etc.). Each 

narrative describes agencies, their programs, the Departmental outcome goals they support, and 

the strategies they are using to reach performance goals. The Priority and Strategic Goals 

sections present results and plans organized under the five strategic goals and fourteen outcome 

goals established in the FY 2011-2016 Strategic Plan. Strategic goals are general outcomes 

clearly linked to the Department’s mission. Outcome goals articulate more specific objectives 

associated with one or more programs and DOL agencies. Agency performance goals outline 

each agency’s contribution to the Department’s objectives. The Department will track progress 

toward achieving these goals by using quantifiable performance measures.

Tables and narratives present complete results including brief analyses and summaries of 

independent program evaluations. Results and analyses are organized by agency; however, 

evaluations are presented together at the end of each outcome goal section.

• Narratives explain data, summarize the analyses, and provide plans in the performance 

goal tables, providing important context and details as needed.

• Performance goal summary tables list each applicable agency goal, its key indicators, and 

applicable targets, results, and status (whether or not results reach or exceed the target, 

indicated by Y or N). Where “baseline” appears in the target cell for new indicators, no 

data were available for establishing a numerical target. If results improve over the prior 

year but do not reach the target, “I” appears in the status cell. The last three columns 

identify what worked, what didn’t work, and plans to improve results.1

• Where applicable, tables at the end of each outcome goal section summarize findings, 

recommendations, and actions for relevant evaluations completed during the fiscal year.

 1 Some measures are “contextual,” i.e., they are important for management purposes but not for judging Agency 

performance. Contextual measures do not have targets, but they may have projections, which are marked in the 

target cell as [p]. Status (Y, N, or I) does not apply.
United States Department of Labor – 5 – FY 2012 Annual Performance Report

Agencies, Programs, and Strategies

Employment and Training

Employment and Training Administration (ETA)

Veterans’ Employment and Training Service (VETS)

Worker Protection

Office of Federal Contract Compliance Programs (OFCCP)

Occupational Safety and Health Administration (OSHA)

Wage and Hour Division (WHD)

Employee Benefits Security Administration (EBSA)

Mine Safety and Health Administration (MSHA)

Office of Labor-Management Standards (OLMS)

Policy

Women’s Bureau (WB)

Office of Disability Employment Policy (ODEP)

Bureau of International Labor Affairs (ILAB)

Benefits

Office of Workers’ Compensation Programs (OWCP)

Federal-State Unemployment Insurance (UI) System (administered by ETA)

Statistics

Bureau of Labor Statistics (BLS)

In addition to these agencies and programs, the Department’s mission is supported by administrative, policy, legal, 

public affairs, and congressional liaison offices.
Agencies, Programs, and Strategies

United States Department of Labor – 6 – FY 2012 Annual Performance Report

Employment and Training

Employment and Training Administration (ETA)

The Employment and Training Administration provides employment assistance, labor market 

information, and job training through the administration of the following programs: programs authorized 

by the Workforce Investment Act of 1998 (WIA) for adults, dislocated workers, youth (including Job 

Corps), and targeted populations; Trade Adjustment Assistance (TAA) authorized by the Trade Act of 

1974, as amended; Employment Services authorized under the Wagner-Peyser Act; Foreign Labor 

Certification activities authorized by the Immigration and Nationality Act; the Senior Community Service 

Employment Program authorized by the Older Americans Act; Apprenticeship programs authorized by 

the National Apprenticeship Act; and Competitive Grants for Worker Training and Placement in High 

Growth and Emerging Industry Sectors authorized under the American Recovery and Reinvestment Act 

of 2009 (Recovery Act).

The public workforce system has a vital role to play in our knowledge-based economy, directly

contributing to our nation’s global competitiveness and economic productivity by providing lifelong 

learning opportunities and a broad array of services. The economy’s downturn posed substantial 

economic and workforce challenges to our nation, but the workforce system is responding to these 

challenges by becoming more flexible and innovative in order to get workers back to work quickly and 

support the workforce needs of employers in the recovering economy, particularly in high demand and 

emerging industry sectors. The workforce system provides critical services to a broad array of customers

at all skill levels. These services include career counseling and case management and assessments that 

identify transferable skills. ETA and the workforce system are committed to continuous improvement and 

testing and rigorously evaluating new ideas and approaches.

ETA contributes to the following Departmental goals in support of the Department’s vision of good jobs 

for everyone: 

Outcome Goal 1.1 – Increase workers’ incomes and narrow wage and income inequality.

Outcome Goal 1.2 – Assure skills and knowledge that prepare workers to succeed in a knowledgebased economy, including in high-growth and emerging industry sectors like “green” jobs.

Outcome Goal 1.3 – Help workers who are in low-wage jobs or out of the labor market find a path 

into middle class jobs.

Outcome Goal 1.4 – Help middle-class families remain in the middle class.

Outcome Goal 1.5 – Secure wages and overtime.

Strategic Direction and Priorities:

• Increase training program participants’ acquisition of industry-recognized credentials (see Priority 

Goals section of this report).

• Provide an innovative public workforce system that helps enable future economic growth and 

advancing shared prosperity for Americans.

• Increase services and training for workers in need.

• Provide workers with the resources necessary to increase their likelihood of obtaining middle 

class jobs.

• Enhance programs that provide opportunities to particularly vulnerable populations – WIA Youth, 

Job Corps, and YouthBuild for disadvantaged youth, Indian and Native American and Migrant 

and Seasonal Farmworkers programs, and services for individuals with disabilities.

• Improve the effectiveness of services through innovative funding mechanisms and rigorous 

research and evaluation.
Agencies, Programs, and Strategies

United States Department of Labor – 7 – FY 2012 Annual Performance Report

• Expand regional partnerships and collaboration.

• Promote sector strategies for high-demand industry sectors, including the nation’s investment in 

green jobs and health sector jobs as an effort to restart the economy.

• Forge meaningful partnerships with other Federal agencies.

• Continue to develop a workforce system that embodies a dual customer approach – meeting the 

needs of both workers and employers.

Veterans’ Employment and Training Service (VETS)

The Veterans’ Employment and Training Service (VETS) serves America’s veterans and transitioning 

service members by preparing veterans for meaningful careers, providing employment resources and 

expertise, and protecting veterans’ employment rights.

VETS helps veterans and transitioning service members obtain positive employment outcomes through 

services provided at American Job Centers and the Transition Assistance Program (TAP) DOL 

Employment Workshop at military installations. Grants are provided to State Workforce Agencies 

(SWA) to support staff dedicated to serving veterans, specifically those who require special assistance 

due to disabilities or other significant barriers to employment. VETS coordinates with the Department of 

Defense to provide workshops in over 240 locations worldwide to prepare service members for transition 

to meaningful civilian employment. VETS also provides funding, through the Homeless Veterans’ 

Reintegration Program (HVRP), to organizations that serve veterans with employment barriers that 

warrant more comprehensive services.

VETS protects the employment and reemployment rights of Veterans and members of the National Guard 

and Reserve forces under the provisions of the Uniformed Services Employment and Reemployment 

Rights Act (USERRA) in order that they can serve on active duty without harm to their employment 

status and by assuring that Veterans who seek Federal employment obtain the preferences agencies are 

required to apply.

VETS contributes to the following Departmental goals in support of the DOL’s vision of good jobs for 

everyone:

Outcome Goal 1.1 – Increase workers’ incomes and narrow wage and income inequality

Outcome Goal 1.4 – Help middle class families remain in the middle class

Strategic Direction and Priorities:

• Implement the redesigned and improved TAP DOL Employment Workshops (see Priority Goals 

section of this report).

• Support Disabled Veterans’ Outreach Program specialist and Local Veterans’ Employment 

Representative positions through the Jobs for Veterans State Grants, and improve the quality and 

effectiveness of services provided.

• Evaluate the redesigned curriculum for the Transition Assistant Program (TAP) DOL 

Employment Workshop and the contract facilitation at all TAP locations.

• Provide Homeless Veterans’ Reintegration Program competitive grants to operators of 

employment programs that specialize in outreach, supportive services and training for homeless 

veterans, including homeless female veterans and incarcerated veterans, to assist in their 

reintegration into the workforce.

• Provide training to Federal staff and veterans’ service providers through the National Veterans’ 

Training Institute.
Agencies, Programs, and Strategies

United States Department of Labor – 8 – FY 2012 Annual Performance Report

• Collaborate with the Departments of Defense and Veterans Affairs and with state partners and 

Veterans’ service organizations to implement the Uniformed Services Employment and 

Reemployment Rights Act and Federal Veterans’ Preference enforcement activities.

Worker Protection

Office of Federal Contractor Compliance Programs (OFCCP) 

The Office of Federal Contract Compliance Programs ensures that employers doing business with the 

Federal Government comply with the laws and regulations requiring a fair and diverse workplace, free of 

discrimination and harassment. OFCCP also ensures that federal contractors meet contractual equal 

employment opportunity and affirmative action requirements mandated by the Code of Federal 

Regulations. OFCCP carries out its responsibilities by: 

• Conducting compliance evaluations and complaint investigations of federal contractors’ and 

subcontractors’ personnel policies and procedures. 

• Obtaining conciliation agreements from contractors and subcontractors who are found in violation 

of regulatory requirements. 

• Monitoring the progress of those contractors and subcontractors found in violation through 

periodic compliance reports. 

• Forming linkage agreements between contractors and community organizations and job training 

programs to help employers identify and recruit qualified workers. 

• Recommending enforcement actions to the Solicitor of Labor.

• Offering compliance assistance to federal contractors and subcontractors to help them understand 

the statutory and regulatory requirements and review process. 

OFCCP contributes to Outcome Goal 3.1 – Break down barriers to fair and diverse workplaces so that 

every worker’s contribution is respected.

Strategic Direction and Priorities: 

• Increase focus on compensation discrimination cases through a new compensation directive and 

compliance officer training emphasizing finding complex systemic pay discrimination. These 

cases are more resource intensive than individual cases. 

• Strengthen and clarify federal contractor and subcontractor requirements through regulation 

reform.

• Focus initiatives and litigation on the most persistent and egregious violators. 

• Implement a stakeholder strategy that reaffirms commitments to equal employment opportunity 

and affirmative action by building coalitions and collaborative partnerships. 

• Strengthen compliance evaluations of federal contractors’ and subcontractors’ compensation 

personnel policies and practices. 

• Partner with national and community-based advocacy groups to educate workers on their equal 

employment opportunity rights and employer responsibilities. 

• Promote and quantify new job opportunities that stem from conciliation agreements. 

• Expand construction reviews to include long-term construction projects with a focus on 

improving employment opportunities for women and minorities.
Agencies, Programs, and Strategies

United States Department of Labor – 9 – FY 2012 Annual Performance Report

Occupational Safety and Health Administration (OSHA)

The Occupational Safety and Health Administration was established by the Occupational Safety 

and Health Act of 1970 with the mission to assure, so far as possible, that every working man 

and woman in the American workplace has safe and healthful working conditions. OSHA 

ensures the safety and health of America's workers by setting and enforcing workplace safety and 

health standards; delivering effective enforcement; providing training, outreach, and education; 

and encouraging continual improvement in workplace safety and health. Through these efforts, 

OSHA aims to reduce the number of worker illnesses, injuries, and fatalities and contribute to 

the broader goals aimed at promoting economic recovery and the competitiveness of our nation's 

workers.

OSHA contributes to Outcome Goal 2.1 – Secure safe and healthy workplaces, particularly in 

high-risk industries.

Strategic Direction and Priorities:

• Reduce worker fatalities and lost time injuries and illnesses for federal workers (see 

Priority Goals section of this report).

• Increase OSHA’s presence in the workplace.

• Protect workers in high-hazard occupations.

• Strengthen enforcement capabilities, targeting the most egregious and persistent 

violators.

• Protect worker populations that have communication-based vulnerabilities, including 

Spanish-speaking/non-English speaking workers and disabled workers.

• Review and restructure penalties to ensure that penalties imposed are consistent with the 

seriousness of the violation and act as effective deterrence to violators.

• Maintain a strong outreach, education, and technical assistance program.

Wage and Hour Division (WHD)

The Wage and Hour Division is responsible for administering and enforcing a number of laws 

that establish the minimum standards for wages and working conditions in the United States.

These labor statutes provide basic protections for all workers and while they differ in scope, all 

of the statutes enforced by WHD are intended to protect and to promote the welfare of the 

nation’s workforce, to provide opportunities for advancement, and to ensure fair compensation 

for work performed. The Fair Labor Standards Act (FLSA) minimum wage provisions and the 

prevailing wage laws provide a floor for the payment of fair wages, while the FLSA overtime 

provisions are intended to broaden work opportunities and promote employment. The Migrant 

and Seasonal Agricultural Worker Protection Act and the immigration programs establish 

working conditions intended both to protect the wages and the safety and health of vulnerable 

workers and to ensure that the labor force is not displaced by lower-paid foreign or migrant 

labor. The prevailing wage programs provide protection to local middle class workers who may 

be disadvantaged by competition from outside labor who offer their services at wages lower than 
Agencies, Programs, and Strategies

United States Department of Labor – 10 – FY 2012 Annual Performance Report

those in the locality. The Family and Medical Leave Act (FMLA) was enacted to help workers 

balance family and work responsibilities, and the child labor provisions of the FLSA ensure the 

safe employment of young workers, encourage their educational endeavors, and provide a path to 

future employment.

WHD contributes to the following the Department’s goals of good jobs for everyone: 

Outcome Goal 1.1―Increase workers’ incomes and narrow wage and income inequality

Outcome Goal 1.5—Secure wages and overtime

Outcome Goal 3.2―Provide workplace flexibility for family and personal care-giving

Strategic Direction and Priorities:

• Protect the most vulnerable workers in the workplace ― ensure that they are employed in 

compliance with wage and hour laws.

• Promote sustained and corporate-wide compliance among employers ― make certain that 

employers, including the most persistent violators, are brought into and maintain 

compliance.

• Foster a customer-oriented, quality-driven culture within WHD and boost customer 

satisfaction among workers seeking WHD services.

• Issue prevailing wage determinations that are current and accurate.

Employee Benefits Security Administration (EBSA)

In support of the DOL vision, Good Jobs for Everyone, Employee Benefits Security 

Administration (EBSA) has a single outcome goal of “improving health benefits and retirement 

security for all workers.” EBSA is charged with protecting more than 141 million workers, 

retirees and their families which are covered by nearly 701,000 private retirement plans, 2.3 

million health plans, and similar numbers of other welfare benefit plans which together hold 

estimated assets of $7.1 trillion. 

The retirement and health care benefit security of workers, retirees, and their families are

significant factors in the public’s perception of their overall financial security. EBSA’s mission 

and programs are pivotal in providing benefit security to the public and increasing their 

confidence that their retirement, health and other benefits will be there when needed. EBSA’s 

mission is carried out in a very complex and evolving economic and regulatory environment 

where the public’s demands, needs, and perceptions are influenced by many factors. In order to 

enhance benefit security and maintain the public confidence in our private sector based benefits 

system, EBSA administers an integrated program of regulation; compliance assistance and 

education; civil and criminal enforcement; and, research and analysis. 

EBSA contributes to the following Departmental goal in support of the DOL vision of good jobs 

for everyone: Outcome Goal 4.3―Improve health benefits and retirement security for all 

workers

Strategic Directions and Priorities:

• Continue a multi-faceted enforcement program that effectively targets the most egregious 

and persistent violators.
Agencies, Programs, and Strategies

United States Department of Labor – 11 – FY 2012 Annual Performance Report

• Establish a strong regulatory framework supported by an aggressive regulatory agenda.

• Play a role in the implementation of health reform legislation.

• Provide innovative outreach and education that assists workers to protect their pension 

and health benefits.

• Conduct a well-integrated research program based on evidence and comprehensive 

analysis.

Mine Safety and Health Administration (MSHA)

MSHA protects the safety and health of the nation’s miners through enforcement of the Federal 

Mine Safety and Health Act of 1977 (Mine Act), as amended by the Mine Improvement and 

New Emergency Response Act of 2006 (MINER Act). The mission of MSHA is to prevent 

death, disease, and injury from mining and to promote safe and healthful workplaces for the 

nation’s miners through the enactment and enforcement of mandatory safety and health 

standards, mandated inspections which require four complete inspections annually at active 

underground mines and two complete inspections annually at active surface mines, and miner 

training and compliance assistance to operators. 

MSHA supports the Secretary’s vision of Good Jobs for Everyone through the following goals:

• Strategic Goal 2: Ensure workplaces are safe and healthy. 

− Outcome Goal 2.1: Secure safe and healthy workplaces, particularly in high-risk 

industries.

− Performance Goal MSHA 2.1: Prevent death, disease, and injury from mining and 

promote safe and healthful workplaces for the Nation’s miners.

• Strategic Goal 3: Assure fair and high quality work-life environments.

− Outcome Goal 3.3: Ensure worker voice in the workplace. 

− Performance Goal MSHA 3.3: Improve the timeliness of discrimination complaint 

investigations.

• Department of Labor (DOL) Priority Goal: Reduce the mining fatality rate by 5 percent 

per year based on a rolling five-year average.

Strategic Direction and Priorities:

• Reduce worker fatalities (see Priority Goals section of this report).

• Increase Inspection and Enforcement Effectiveness by focusing on chronic violators

• Strengthen and Modernize Training and Education

• Improve Mine Emergency Response Preparedness

• Strengthen Health and Safety Regulations

• Increase Efforts to Protect Miners from Discrimination

• Support Open Government

Office of Labor-Management Standards (OLMS)

The Office of Labor-Management Standards (OLMS) administers the Labor-Management 

Reporting and Disclosure Act of 1959, as amended (LMRDA), and related laws. These laws 

primarily establish safeguards for union democracy and union financial integrity and require 
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United States Department of Labor – 12 – FY 2012 Annual Performance Report

public disclosure reporting by unions, union officers, union employees, employers, labor 

consultants and surety companies.

OLMS also administers employee protections under various Federally-sponsored transportation 

programs that require fair, equitable protective arrangements for transit employees when Federal 

funds are used to acquire, improve, or operate a transit system. These arrangements must be 

approved by the Department of Labor before Federal funds may be released to grantees.

OLMS contributes to Outcome Goal 3.3 – Ensure worker voice in the workplace.

Strategic Direction and Priorities:

• Increase the number of reports filed by employers and consultants who make agreements 

to persuade employees with regard to their rights to organize and bargain collectively. 

• Increase the percent of disclosure reports filed electronically. 

• Improve the timeliness in resolving complaints filed by labor union members that their 

union violated democratic standards for conducting union officer elections.

• Increase the effectiveness of audits by focusing resources on labor unions most likely to 

be in violation of the law. 

• Improve the Internet public disclosure service and public access to information reported 

by unions, union officers, union employees, employers, labor consultants, and surety 

companies under the Act. 

• Reduce the number of chronically delinquent filers of Labor Organization Annual 

Financial Reports.

Policy

Women’s Bureau

The Women’s Bureau provides collaborative leadership on policies and activities that impact 72 

million women in the labor force; women now comprise close to 50 percent of the workforce. 

The Women’s Bureau is the only Federal office exclusively concerned with serving and 

promoting the interests of women in the workforce. The Bureau conducts research, projects, 

outreach and evaluations on issues of importance to working women, and provides information 

about women in the labor force to stakeholders and customers. 

The Bureau also conducts strategic outreach to promote the implementation of policy, practice, 

and program changes that may lead to positive changes in women’s employment opportunities or 

conditions. Areas of focus are to improve services for female veterans; narrow the wage gap and 

ensure fair compensation; promote employment in the clean energy and “green” industries, 

Science, Technology, Engineering and Mathematics (STEM) fields and other emerging, higherpaying, high-demand job sectors; and implement quality work environments through workplace 

flexibility. 
Agencies, Programs, and Strategies

United States Department of Labor – 13 – FY 2012 Annual Performance Report

The Women’s Bureau contributes to the following Departmental goals in support of the 

Department’s vision of good jobs for everyone:

Outcome Goal 3.1 Break down barriers to fair and diverse workplaces and narrow wage and 

income inequality.

Strategic Direction and Priorities:

• Conduct research and studies on issues concerning women in the workforce. 

• Provide technical assistance to targeted public and private sector entities and individuals 

to improve working women’s employment opportunities, economic security, and working 

conditions.

• Build collaborations and relationships with key stakeholders and provide collaborative 

leadership on data sharing and public awareness efforts related to gender based 

compensation practices to decrease occupational segregation ― one of the leading causes 

of income inequality.

• Collaborate with other Federal agencies, workforce professionals, non-profits, and 

women’s organizations to increase awareness of training, employment, and 

entrepreneurship opportunities in emerging industries and markets including “green” and 

non-traditional sectors.

• Address critical issues associated with women veterans so they may gain economic 

security for themselves and their families.

Office of Disability Employment Policy (ODEP)

Although many American workers with disabilities are educated, trained, willing, and able to 

work, they remain out of the labor force at a much higher rate than their similarly qualified 

counterparts without disabilities. The Office of Disability Employment Policy counters this 

disparity by working to increase the number and quality of employment opportunities for people 

with disabilities through the development, evaluation and dissemination of evidenced based 

policy strategies and effective practices as well as fostering their adoption and implementation 

within the public and private sectors. Ultimately, ODEP’s goal is to impact the systems that 

influence the employment outcomes of people with disabilities. 

To realize its systems change goal ODEP: undertakes research to create and validate promising 

policy strategies and effective practices; collaborates with Federal agencies, private and public 

sector employers, labor organizations, and other stakeholders to expand physical and 

programmatic access to One-Stop Career Centers and the workforce system in general; improve 

employer organizational practices and make workplaces more inclusive; and increase access to 

the employment supports that are crucial to every worker’s success throughout the employment 

process, and especially to a job seeker or worker with a disability.

ODEP contributes to Outcome Goal 3.1 – Break down barriers to fair and diverse work places so 

that every worker’s contribution is respected.

Strategic Direction and Priorities:

Conduct research & analysis that identifies/validates effective disability employment 
Agencies, Programs, and Strategies

United States Department of Labor – 14 – FY 2012 Annual Performance Report

policy/strategies.

• Base policy and strategies on sound evidence to ensure that results of implementation 

are successful;

• Validate and replicate evidence-based disability employment policy and effective 

practices. 

Build partnerships to develop policy/strategies and to promote the adoption and 

implementation of disability employment policy/practice.

• Include under-represented populations in policy development and outreach

• Collaborate broadly within DOL and with other Federal agencies and private sector 

organizations to comprehensively address issues and leverage limited resources

Provide technical assistance regarding the adoption and implementation of disability 

employment policy/practice.

• Emphasize inclusive planning and universal usability to leverage limited resources 

and ensure access to more individuals.

• Reach out to public and private sector organizations to provide information and 

technical assistance to dispel misperceptions/broaden understanding of disability and 

employment issues and to improve employment practices.

Bureau of International Labor Affairs (ILAB)

The Bureau of International Labor Affairs (ILAB) supports the President’s international agenda 

on labor matters, carries out international responsibilities for the Secretary of Labor, fulfills 

mandates from the Congress, and provides oversight and coordination of the Department’s 

international activities.

ILAB works to improve working conditions and labor standards for workers around the world. 

Fostering fair working conditions in the global marketplace is an integral component of the 

Department of Labor’s strategic goal “Good jobs for everyone”. The Department recognizes the 

need to ensure that global markets are governed by fair market rules that protect vulnerable

people, including women and children, and provide workers a fair share of their productivity and 

voice in their work lives. These objectives will contribute to achieving the Department’s goals 

for U.S. workers, build the foundation for a sustained recovery of the global economy and 

contribute to a more balanced pattern of global trade in the future. Pursuing these objectives will 

once again position the U.S. as a leader and pace-setter on international labor issues and 

demonstrate our commitment to assist governments that have the political will to foster better 

livelihoods and rights for their workforces. Decent wages and working conditions in countries 

with which the US trades protect the wages and working conditions of US workers from being 

undercut by unfair competition. Increased purchasing power of workers overseas also creates 

enhanced markets for US exports and jobs. 

In order to carry out these strategic objectives, responsibilities, and mandates, ILAB collaborates 

with other U.S. government agencies to formulate international economic, trade, and labor 

policies, including the formulation and implementation of the labor aspects of international trade 

and investment agreements; represents the US government in dialog, cooperation and other 

relations with foreign governments on labor matters, coordinates U.S. government participation 

in international organizations relative to labor issues; oversees and implements technical 
Agencies, Programs, and Strategies

United States Department of Labor – 15 – FY 2012 Annual Performance Report

assistance programs; and conducts research and analysis and publishes reports on international 

labor issues.

ILAB contributes to Outcome Goal 1.6: Foster acceptable work conditions and respect for 

workers’ rights in the global economy to provide workers with a fair share of productivity and 

protect vulnerable people.

Strategic Direction and Priorities:

• Implement new approaches to counter the root causes of child labor.

• Improve the ability of workers in trading partner countries to work in good jobs, receive a 

fair share of their productivity, and enjoy a voice in their work lives.

• Improve worker rights and livelihoods for vulnerable populations.

• Improve monitoring and enforcement of trade agreements to protect workers’ rights.

• Engage more extensively and substantively with other countries’ labor ministries and 

with international and regional organizations.

• Strengthen and enhance the Department’s participation in multilateral organizations 

• Strengthen and enhance the Department’s participation in US interagency trade and 

economic policy processes.

Benefits

Office of Workers’ Compensation Programs (OWCP)

The Office of Workers’ Compensation Programs (OWCP) is comprised of four separate 

compensation programs which provide wage replacement, medical treatment, and vocational 

rehabilitation benefits and one division providing information technology support services.

• The Division of Federal Employees' Compensation Act (DFEC) provides monetary 

wage-loss and medical compensation to civilian employees of the Federal Government 

injured at work, and to certain other designated groups.

• The Division of Longshore and Harbor Workers' Compensation (DLHWC) provides 

similar benefits to injured private sector workers engaged in certain maritime and related 

employment.

• The Division of Coal Mine Workers’ Compensation provides monetary and medical 

benefits to totally disabled miners suffering from coal mine pneumoconiosis stemming 

from mine employment, and monetary benefits to their dependent survivors.

• The Division of Energy Employees Occupational Illness Compensation (DEEOIC) 

provides benefits to employees or survivors of employees of the Department of Energy 

(DOE), contractors or subcontractors with DOE, who have been diagnosed with cancer 

due to exposure to radiation or toxic substances.

Major workload activities in OWCP include: claims adjudication, benefit payment, disability 

case management, assisting in the re-employment of people with disabilities, medical bill 

processing, information services delivery, benefit fund management, and technical assistance to 
Agencies, Programs, and Strategies

United States Department of Labor – 16 – FY 2012 Annual Performance Report

employers to ensure proper compliance with OWCP procedures and requirements including 

insurance/self-insurance and payment of benefits.

OWCP outcomes include earlier recovery from injury, shorter time away from work, and 

reduced lost production days being supported by proactive disability claims management. OWCP 

uses early nurse intervention to coordinate medical treatment and provide reemployment 

assistance in new FECA cases. Permanently disabled claimants receive vocational rehabilitation 

assistance. OWCP provides income support and medical care by ensuring proper claims 

adjudication and efficient case processing, effective mediation of disputed claims, and accurate 

and timely payment of benefits. Timely delivery of compensation payments also ensures that the 

economic position of workers with injuries will not be jeopardized by extended interruptions in 

income. Timely delivery of medical services is ensured through centralized coordination and 

processing of requests from providers for treatment authorizations. OWCP has improved 

customer access to program information through its communications systems to be more 

responsive to customer service needs.

OWCP contributes to the following Departmental goals in support of the Secretary’s vision of 

good jobs for everyone:

Outcome Goal 4.1 – Facilitate return to work for workers experiencing workplace injuries or 

illnesses who are able to work

Outcome Goal 4.2 – Ensure income support when work is impossible or unavailable

Strategic Direction and Priorities:

• Reduce lost time injuries and illnesses for federal workers (see Priority Goals section of 

this report). Key strategies include:

o Directing, in partnership with the Occupational Safety and Health Administration, the 

“Protecting Our Workforce and Ensuring Re-employment (POWER)” initiative, 

setting performance targets and providing technical assistance that will enhance 

Federal employers’ focus and improve results for workplace safety and injured 

worker reemployment.

o Supporting Executive Order 13548 to increase Federal agencies’ reemployment of 

injured workers and employment of persons with disabilities.

o Researching and testing better hiring, job placement and job accommodation 

strategies with Federal employers to improve the reemployment of injured workers 

and those with disabilities.

• Implement improvements in FECA’s disability claims management and return to work 

assistance activities as recommended in independent evaluations of the program.

• Continue proper claims adjudication, effective mediation in disputed claims, efficient 

case processing, and accurate and timely payment of benefits.

• Speed claims reporting and shorten the duration between injury and first payment of 

benefits by industry employers and insurance carriers in the Longshore program.

• Through outreach and other educational activities, improve OWCP stakeholders’ 

understanding of the program and improve the quality of claims and supporting 

documentation filed.

• Assess OWCP customer services and improve the agency’s efficiency and effectiveness.

• Identify and pursue opportunities to evaluate OWCP program performance and results.
Agencies, Programs, and Strategies

United States Department of Labor – 17 – FY 2012 Annual Performance Report

• Enhance systems and develop integrated IT technology services that improve and support 

business processes.

• Seek reform of the Federal Employees’ Compensation Act.

Federal-State Unemployment Insurance (UI) System (administered by ETA)

The federal-state UI program, authorized under the Federal Unemployment Tax act and Title III 

of the Social Security Act, provides temporary, partial wage replacement for unemployed 

workers, providing them with income support when suitable work is unavailable. To be eligible 

for benefits, unemployed workers must meet eligibility requirements established by state laws 

that conform to federal law, including that they have worked recently, be involuntarily 

unemployed, and be able and available for work.

UI contributes to Outcome Goal 4.2 – Ensure income support when work is impossible or 

unavailable.

Strategic Direction and Priorities:

• Partner with state agencies with a focus on bolstering broad program accountability and 

facilitating performance improvement nationally.

• Enact new strategies to prevent, detect, and recover improper payments.

• Develop a national vision on reemployment that will promote and support states’ service 

delivery to all jobseekers, helping reconnect unemployed workers with jobs.

• Extend income support to more categories of unemployed—recent entrants to the 

workforce, low-wage workers, workers who are upgrading their skills, and workers with 

family care giving obligations.

Statistics

Bureau of Labor Statistics (BLS)

The Bureau of Labor Statistics (BLS) of the Department of Labor (DOL) is the principal Federal 

agency responsible for measuring labor market activity, working conditions, and price changes in 

the economy. Its mission is to collect, analyze, and disseminate essential economic information 

to support public and private decision-making. As an independent statistical agency, BLS serves 

its diverse user communities by providing products and services that are accurate, objective, 

relevant, timely, and accessible. 

BLS serves the general public, the U.S. Congress, other Federal agencies, State and local 

governments, business, and labor by providing up-to-date, high-quality statistical information. It 

produces some of the Nation’s most sensitive and important economic data.

In line with the Interagency Council on Statistical Policy’s (ICSP) Guidelines for Reporting 

Performance by Statistical Agencies, BLS measures timeliness, accuracy, relevance, 

dissemination, and mission achievement. BLS also reports the full cost to produce its data 
Agencies, Programs, and Strategies

United States Department of Labor – 18 – FY 2012 Annual Performance Report

products. These criteria are common among statistical agencies because these are critical aspects 

of a statistical program’s performance.

BLS supports Outcome Goal 5.1 – Provide sound and impartial information on labor market 

activity, working conditions, and price changes in the economy for decision making, including 

support for the formulation of economic and social policy affecting virtually all Americans. 

Strategic Direction and Priorities:

• Continue to produce objective data and analyses that are timely, accurate, and relevant;

• Improve the timeliness, accuracy, and relevance of BLS products and processes, and 

develop new products that meet the needs of a broad customer base;

• Inform current and potential customers about the availability and uses of BLS 

information products; reach out to current and potential customers to understand their 

needs for economic information; and ensure that the content, presentation, and delivery of 

BLS information products are well-matched to customer needs;

• Improve its data collection processes, maintain high response rates, and optimize the 

balance between quality, cost, and respondent burden in BLS data collection programs;

• Make the data and other products and services on the BLS website easy to find, 

understand, and use; and

• Recruit, train, and retain a talented and diverse group of individuals who are experts at 

the production and continuous improvement of BLS products and services, including 

employees who will support those functions, and who are well prepared to represent the 

agency and become its future leaders.
United States Department of Labor – 19 – FY 2012 Annual Performance Report

Priority Goals

The Department of Labor has identified four performance goals that will be a particular focus 

through FY 2013. These goals are a subset of those used to regularly monitor and report 

performance. Detailed information on measures and progress for these goals is available at 

Performance.gov. This report includes measure data for these goals, as well, but the 

information is organized by contributing agencies’ performance goals under the DOL Strategic 

Plan structure. At the end of each goal statement is an italicized reference to the relevant goal 

numbers in this document.

 

• Reduce worker fatalities. By September 30, 2013, reduce worker fatalities 

resulting from common causes by two percent in Occupational Safety and Health 

Administration-covered workplaces, and worker fatality rates in mining by five 

percent per year based on a rolling five-year average. OSHA 2.1 and MSHA 2.1

• Reduce time lost to injury or illness for federal workers. Create a model safety and 

return-to-work program by reducing Federal agency injury rates by at least one percent 

per year and increasing the share of Federal employees who return to work by two 

percent per year after sustaining a workplace injury or illness by September 30, 2013. 

OSHA 2.1 and OWCP 4.1

• Improve opportunities for America’s workers to succeed in a knowledge-based 

economy through industry-recognized credentials. By September 30, 2013, 

increase the percent of training program exiters who earn industry-recognized 

credentials by 10 percent. ETA 1.2

• Redesign the Transition Assistance Program (TAP) to better support veterans. By 

the end of FY 2013, the Transition Assistance Program (TAP), with redesigned and 

improved curriculum, will be fully implemented at all 188 domestic and 50 

international sites. VETS 1.1

The Cuts, Consolidations and Savings volume of the President’s Budget identifies the lowerpriority program activities, where applicable, as required under the GPRA Modernization 

Act, 31 U.S.C. 1115(b)(10). The public can access the volume at: 

http://www.whitehouse.gov/omb/budget.

Per the GPRA Modernization Act requirement to address Cross-Agency Priority Goals in the 

agency strategic plan, the annual performance plan, and the annual performance report 

please refer to www.Performance.gov for the agency’s contributions to those goals and 

progress, where applicable. The Department of Labor currently contributes to the following 

CAP Goals: Job Training and Veteran Career Readiness.

 
United States Department of Labor – 20 – FY 2012 Annual Performance Report

Strategic Goal 1: Prepare workers for good jobs and ensure fair compensation

Outcome Goal 1.1―Increase workers’ incomes and narrow wage and income inequality

Analysis and Future Plans

Employment and Training Administration

Among the three employment measures utilized by ETA, the six- month average earnings measure has been the least impacted by the economic downturn. 

Although performance targets for average earnings were reached by all seven programs in FY 2012/PY 2011, the six month average earnings targets for 

Adult, DW, INAP, and CSEOA were lower than the previous year’s results. These lower results for these programs could be partially explained by recent 

data from the National Employment Law Project (2012), which showed low wage jobs have seen the highest recovery rate (58 percent of the recovery 

growth) growing 2.7 times as fast as middle and higher wage occupations. 

The workforce system continues to face significant challenges in helping workers get good jobs, earn good wages, and retain their jobs. As the 

economy recovers and job growth returns, the reintegration of millions of unemployed and underemployed workers into jobs that pay familysustaining wages is essential for spreading the benefits of the recovery more broadly. ETA programs support training in emerging industry sectors 

(including green jobs) to help workers become more competitive and equip them with the credentials and skills needed to compete in the global labor 

market. In FY 2012, ETA provided technical assistance (TA) to the workforce system to improve credential attainment for its customers. In FY 2013, 

ETA will continue to emphasize credential attainment to increase individual earning potential. 

The PY 2011-2014 targets are based on a methodology developed by DOL for setting national performance targets using regression analysis. This 

econometric model uses program results from the prior year, current labor market conditions and individual characteristics to correct for the effects of the 

business cycle and labor market conditions on the outcomes of employment and training programs, producing targets that objectively reflect the impact of 

the economic environment on program performance. ETA expects to update PY 2013 and PY 2014 targets based on more recent program results by April 

30, 2013. For more detailed information on Regression Adjustment Model for Workforce System Program Performance Targets, see U.S. Department of 

Labor Strategic Plan Fiscal Years 2011-2016 pg. 111-112, available at: http://www.dol.gov/_sec/stratplan/StrategicPlan.pdf. 

In FY 2013, the Office of Apprenticeship is planning to issue a Notice of Proposed Rulemaking (NPRM) to update regulations for equal employment 

opportunity (EEO) in apprenticeship and training, which have not been revised since 1978. This second phase of regulatory updates will ensure that the 

Registered Apprenticeship’s EEO regulations are consistent and in alignment with both the current state of EEO law and the final rule governing labor 
Strategic Goal 1

United States Department of Labor – 21 – FY 2012 Annual Performance Report

standards for registration of apprenticeship programs published in October 2008. Through these regulatory updates, ETA will seek to address barriers to fair 

and diverse work places so that all qualified individuals participating in or seeking entrance to the nation’s labor market have access to training and 

employment through Registered Apprenticeship.

ETA – Increase the average earnings of individuals served through the Workforce Investment Act (WIA), Registered Apprenticeship, Community Service Employment for Older 

Americans (CSEOA), Job Corps, and Trade Adjustment Assistance (TAA) Programs

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Six Months Average 

Earnings (Apprenticeship)

Target -- Base $19,324 $19,352 $19,352 $19,999 $23,682 Six Months’ Average 

Earnings has increased by 

$3,074 since FY 2010. This 

corresponds to a drop in the 

construction industry’s annual 

unemployment rate from 

20.6% in 2010 to 13% in 

2012.

ETA will continue technical 

assistance strategies that help 

sponsors increase the numbers 

of apprentices who complete 

their programs.

Result -- $20,566 $20,335 $22,210 $23,409 -- --

Status -- -- Y Y Y -- --

Six Months Average 

Earnings (WIA Adult)

Target $12,862 $13,741 $12,721 $12,865 $14,450 $14,765 $15,086 WIA Adult met its goal for 

wage earnings in PY 2011. 

This is an indicator that 

participant earnings are 

beginning to return to prerecession economic downturn 

rates.

WIA Adult prioritizes 

resources to be spent on lowincome individuals, which 

may result in lower earnings 

data compared to other 

programs.

ETA will continue to promote 

credential attainment, which is 

shown to have a strong impact 

on entering employment, 

increasing wages, and 

providing employment 

security to jobseekers.

Result $14,649 $13,712 $13,801 $13,457[r] -- -- --

Status Y N Y Y -- -- --

Six Month Average 

Earnings (Dislocated 

Worker)

Target $14,888 $15,542 $15,238 $15,418 $18,346 $18,737 $19,136

Wages for DW placements 

exceeded their target for PY 

2011, indicating improved 

quality of employment 

placements.

ETA will use guidance to 

continue to promote credential 

attainment to the workforce 

system; credential attainment 

is shown to have a strong 

impact on increasing wages to 

jobseekers.

Result $16,167 $16,804 $17,550 $16,516 -- -- --

Status Y Y Y Y -- -- --

Six Months Average 

Earnings (TAA)

Target $14,050.00 $13,386.00 $12,214.00 $13,074.00 $13,248.00 $13,660.00 $19,381.00 Positive outcomes are a result 

of continued focus on 

employment and case 

management services which 

has led to effective service 

strategies.

Result $14,281.00 $15,087.00 $14,214.00 $18,184.00 $18,787.00 -- --

Status Y Y Y Y Y -- --

Six Month Average 

Earnings (INAP)

Target $9,157.00 $9,174.00 $9,261.00 $9,363.00 $10,660.00 $10,894.00 $11,133.00 WIA Indian and Native 

American grantees tailored 

training opportunities to the 

needs of low-skilled adults in 

order to improve quality job 

placements and career 

advancement.

Although the target was met, 

there are still fewer jobs in 

high growth, high wage 

occupations available in tribal 

territories.

ETA will continue to 

emphasize combined 

education and occupational 

skills training to maximize 

placing customers on a 

positive career path.

Result $9,780.00 $9,853.00 $10,175.00 $9,858.00 -- -- --

Status Y Y Y Y -- -- --
Strategic Goal 1

United States Department of Labor – 22 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Six Months Average 

Earnings (CSEOA)

Target $6,360.00 $6,374.00 $6,432.00 $6,984.00 $7,975.00 $8,151.00 --

CSEOA has exceeded its 

targeted six months average 

earnings rate for the third year 

in a row.

Although the PY 2011 target 

was exceeded, helping seniors 

find good paying unsubsidized 

full time jobs is an on-going 

challenge; for many, part-time 

employment is often the only 

option.

CSEOA will continue to 

provide TA to help grantees 

enhance the hard and soft 

skills participants need to 

successfully move into higher 

paying unsubsidized 

employment.

Result $6,795.00 $6,893.00 $7,608.00 $7,580.00 -- -- --

Status Y Y Y Y -- -- --

Average wage of graduates 

at initial placement (Job 

Corps)

Target -- $9.02 $9.10 $9.25 $9.30 $9.35 $9.40 Job Corps aligned its career 

technical training with 

industry-based standards to 

ensure the marketability of Job 

Corps graduates and increased 

opportunities for higher 

earnings.

Result -- $9.22 $9.40 $9.60 -- -- --

Status -- Y Y Y -- -- --

Sources: Apprenticeship – Registered Apprenticeship Partners Information Data System (RAPIDS). WIA Adult, DW -- Annual State WIA performance report (ETA-9091). NEG 

-- WIA Standardized Record Data. 

Notes: Currently 32 states enter data on registered programs and apprentices into the program’s case management system, RAPIDS.

Veterans’ Employment and Training Service

VETS assesses the performance of the American Job Center system on behalf of veterans served by the Jobs for Veterans State Grants by applying 

three common measures: the entered employment rate, the employment retention rate, and the six month average earnings of participants. The 

annual targets for all veterans were reached for all three performance measures. The entered employment rate increased by three percentage points, 

to 51 percent, from the previous year’s result of 48 percent. The employment retention rate also showed continued improvement from the previous 

year, increasing from 77 percent to 79 percent. Finally, the six months average earnings levels improved by more than $500 from the previous year, 

increasing from $15,619 to $16,129. Average earnings is the only measure to exceed pre-recession levels, with employment entry and retention still 

steadily recovering.

VETS has encouraged front-line service delivery staff to respond in a variety of ways to the continuing constraints imposed by economic conditions. 

First, veteran jobseekers are encouraged to maintain their active status in the workforce system for longer periods while they continue to seek 

employment. Second, VETS has encouraged a refocusing of the responsibilities of both Disabled Veteran Outreach Program (DVOP) specialists and 

Local Veterans’ Employment Representative (LVER) staff. DVOP specialists have been encouraged to place greater emphasis on the delivery of 

intensive services (e.g., counseling, assessment, career guidance and referral to training), which better prepare veteran jobseekers to compete for 

scarce job openings. LVER staff members have been encouraged to place greater emphasis on employer outreach, which is intended to expand the 

number of job openings available with employers who are favorably inclined to hire veterans. VETS increased the performance targets for this goal 

for PY 2012 by assuming a positive impact of these strategies and by incrementally improving economic conditions.
Strategic Goal 1

United States Department of Labor – 23 – FY 2012 Annual Performance Report

VETS also administers the Transition Assistance Program (TAP) DOL Employment Workshop for members of the Armed Forces, and their spouses, 

who are within 21 months of separation or within 24 months of retirement. Section 221 of the VOW Act requires participation in the TAP DOL 

Employment Workshop mandatory for all transitioning service members, with specific exemptions. This includes, for the first time, mandatory 

participation of National Guard and Reserve Component members.

Throughout FY 2012, DOL implemented a new curriculum and transitioned to 100% contract facilitation of the TAP DOL Employment Workshop; 

both were completed by January 2013.

VETS coordinates with the Department of Defense (DoD) to project demand for TAP DOL Employment Workshop and has consistently met this 

demand. In FY 2013, DoD anticipates an increase in the demand given the drawdown of operations in Iraq and Afghanistan. DOL maintains close 

coordination with DoD to ensure demand will be met.

VETS – Improve employment outcomes for Veterans and Transitioning Service Members

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Entered Employment Rate 

for veterans served by 

JVSG

Target -- -- -- -- 50.0% 52.0% 54.0%

Improved economic 

conditions resulted in a greater 

number of job openings, 

leading to steady increases in 

veterans' rate of entering 

employment.

In FY 2013, guidance to 

Disabled Veterans' Outreach 

Program (DVOP) Specialists 

will emphasize an increase in 

intensive services, to assist 

veterans in overcoming 

significant barriers to 

employment.

Result 64.0% 60.0% 48.0% 48.0% 51.0% -- --

Status -- -- -- -- Y -- --

Employment Retention 

Rate for veterans served by 

JVSG

Target -- -- -- -- 78.0% 81.0% 81.0%

VETS' emphasis on preparing 

veterans for jobs with career 

potential has resulted in steady 

increases in retention over the 

past two years.

VETS has set a more 

ambitious target for FY 2013, 

based on improving economic 

conditions, and increased 

guidance to DVOP specialists 

regarding services to program 

participants.

Result 82.0% 81.0% 74.0% 77.0% 79.0% -- --

Status -- -- -- -- Y -- --

Average Earnings (Six 

Months) for veterans served 

by JVSG

Target -- -- -- -- $15,750 $16,000 $16,500 Average earnings have 

increased to surpass prerecession levels. This 

outcome is a result of veterans 

qualifying for and maintaining 

jobs with relatively high 

average earnings.

Veterans served by DVOP 

specialists continue to receive 

low rates of intensive services. 

With increased intensive 

services, veterans will be 

better prepared to compete for 

jobs with higher wages.

VETS continues to emphasize 

the placement of veterans in 

jobs that match veterans' skill 

levels and have high earnings 

and long-term career potential.

Result $15,052 $15,359 $14,751 $15,619 $16,129 -- --

Status -- -- -- -- Y -- --
Strategic Goal 1

United States Department of Labor – 24 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Number of TAP DOL 

Employment Workshops 

delivered in response to 

DoD demand

Target -- -- -- -- 4,500[p] 5,400[p] 5,444[p] The Agency continued to meet 

demand from the Department 

of Defense (DoD) for the 

Transition Assistance Program 

DOL Employment Workshop. 

This was a result of close 

interagency coordination.

VETS will continue to work 

closely with DoD, as an 

increase in demand is 

anticipated given the

drawdown in operations 

abroad.

Result 4,108 4,426 4,065 4,203 4,560 -- --

Status -- -- -- -- -- -- --

Percent of Veterans 

receiving intensive services 

(Rolling Data)

Target -- -- -- -- 32.0% 38.0% 47.0%

Following the release of 

VETS guidance in 2010, 

DVOP specialists have 

increased the rates of intensive 

services from 22% to 31%.

The intensive services rate 

remains low. VETS estimates 

that the majority of veterans 

with significant barriers to 

employment require intensive 

services to enter and retain 

employment.

Beginning of FY 2013, the 

intensive service's individual 

quarterly data will be 

reported.

Result 20.0% 21.0% 22.0% 25.0% 31.0% -- --

Status -- -- -- -- I -- --

Sources: Labor Exchange Reporting System - VETS 200 C Report and WISPR data from Pennsylvania and Texas. The Veteran Employment and Training Services' Operations 

and Programs Activity Report (VOPAR).

Notes:

Wage and Hour Division

In FY 2010, the Wage and Hour Division (WHD) reengineered its Davis-Bacon wage survey process to begin improving the timeliness of its wage 

determination rates. Through the use of this new methodology, WHD was able to increase the number of highway industry wage rates that were 

three years old or less. The percentage of building and highway industry rates that are three years old or less were both above 80 percent at the end 

of FY 2012. Heavy industry rates lag behind at 67 percent. In FY 2012, WHD published the results of 18 new wage surveys reducing the average 

age of building, heavy, and highway industry wage rates to less than 40 months. Building and highway industry rates are both below 30 months, 

with heavy industry rates continuing to lag behind in this measure.

WHD – Issue timely and accurate prevailing wage determinations

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percent of Davis-Bacon 

Non-Residential Wage 

Rates that are three years 

old or less

Target -- -- -- 75.00% 80.00% 83.00% 0.00% WHD published 18 surveys, 

mostly for building, highway, 

and heavy industries, with 

many of the highway surveys 

in states where the determined 

highway rates have a 

supportable methodology.

WHD concentrated its 

reengineering efforts on 

building, heavy, and highway 

industries.

WHD will continue to use the 

highway industry survey 

methodology that keeps those 

rates current. In FY 2012, 

WHD published 7 heavy 

industry surveys to lower the 

age of those wage rates.

Result -- -- 72.00% 76.00% 77.00% -- --

Status -- -- -- Y I -- --
Strategic Goal 1

United States Department of Labor – 25 – FY 2012 Annual Performance Report

Sources: Wage Determinations Generation System

Notes:

Program Evaluations

Independent evaluations completed in FY 2012 are summarized below.

ETA – “Unemployed Older Workers: Many Experience Challenges Regaining Employment and Face Reduced Retirement Security.” April 2012 (GAO)

Relevance: This GAO report examines the effect of unemployment on older workers, i.e. those over 55. It looks at the changes in employment older workers have experienced 

since the start of the recession; the financial risks older workers experience from long term unemployment and the challenges they face; how unemployment may affect their 

retirement income; and, what policies may help along with identifying the policies the Department of Labor has already taken to assist these older workers. The GAO conducted 

the performance audit from October 2012 through April 2012.

Findings and Recommendations: 

• Only one-third of older workers displaced from 2007 – 2009 found work by 2010 

and these workers experienced greater earning losses than younger workers.

• It takes older unemployed workers longer to find another job than younger 

unemployed workers. 55% of older workers had been actively seeking a job for 

27 weeks or more.

• Long-term unemployment reduces an older worker's retirement income. They 

may stop saving; they may use retirement savings for living expenses while 

unemployed; or, they may claim Social Security retirement benefits earlier than 

they had planned.

• Long-term unemployment erodes workers’ skills and the likelihood that they will 

ever become employed.

• Hispanic and black older workers had significantly higher rates of 

unemployment.

• Increased employment of older workers has not been associated with decreased 

employment of younger workers.

Next Steps: 

Policy experts recommended incentives including wage and training subsidies.

Workforce professionals recommended special services to address the unique needs of 

older workers including:

• Learning how to present their skills and experiences without calling attention to 

their age, past experience or high level positions;

• Learning how to diffuse employers' concerns and myths about hiring older workers;

• Learning how to adjust their physical appearance to make a better impression;

• Learning how to submit online applications;

• Developing up-to-date skills that employers need.

Recommendation to the Secretary of Labor: “Consider the strategies needed to address 

the unique needs of older job seekers, in light of recent economic and technological 

changes.”

Additional Information: http://www.gao.gov/products/GAO-12-445
Strategic Goal 1

United States Department of Labor – 26 – FY 2012 Annual Performance Report

Outcome Goal 1.2―Assure skills and knowledge that prepare workers to succeed in a knowledge-based

economy, including in high-growth and emerging industry sectors like “green” jobs

Analysis and Future Plans

Employment and Training Administration

Through investments in youth education and training programs under the WIA Youth formula program, Job Corps, and YouthBuild grants, the Department 

worked to ensure that workers get the skills and knowledge needed to prepare them to succeed in a knowledge-based economy, including in high-growth 

and emerging industry sectors like “green” jobs. The Job Corps, WIA Youth, and YouthBuild programs exceeded their degree or certificate attainment 

targets; the Job Corps and WIA Youth programs also met the targets for the placement in employment, education, or training measure. 

The PY 2011-2014 targets are based on a methodology developed by DOL for setting national performance targets using regression analysis. This 

econometric model uses program results from the prior year, current labor market conditions and individual characteristics to correct for the effects of the 

business cycle and labor market conditions on the outcomes of employment and training programs, producing targets that objectively reflect the impact of 

the economic environment on program performance. ETA expects to update PY 2013 and PY 2014 targets based on more recent program results by April

30, 2013. For more detailed information on Regression Adjustment Model for Workforce System Program Performance Targets, see U.S. Department of 

Labor Strategic Plan Fiscal Years 2011-2016 pg. 111-112, available at: http://www.dol.gov/_sec/stratplan/StrategicPlan.pdf. 

ETA’s Agency Priority Goal also takes an integrated approach across several programs (WIA Adult, WIA Dislocated Workers, WIA Youth, NEG, TAA, 

Registered Apprenticeship, Job Corps, YouthBuild, High Growth JTI, ARRA High Growth and Emerging Industries, and Green Jobs Innovation Fund) to 

ensure that program participants have the opportunity to earn industry-recognized credentials that can lead to good jobs.

ETA – Increasing skill attainment, certification and work preparedness of individuals served through a range of programs to prepare them to compete in a knowledge-based 

economy featuring emerging industries such as green jobs

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percent of participants who 

earn a diploma, GED, or 

certificate by the end of the 

third quarter after exit. 

(WIA Youth)

Target 50.90% 47.90% 55.40% 54.70% 59.60% 59.70% 59.70% Percent of participants earning 

a diploma, degree, or 

certificate reached was at an 

all-time high of 62.6 percent 

in PY 2011. ETA provided 

States continue to indicate a 

need for additional guidance 

and TA related to credential 

attainment in high demand 

industries, such as health care.

ETA will use guidance to the 

workforce system to 

emphasize credential 

attainment, particularly in the 

areas of health care and 

Result 53.90% 52.90% 59.50% 62.60% -- -- --

Status Y Y Y Y -- -- --
Strategic Goal 1

United States Department of Labor – 27 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

guidance through the 

"Credentials for Youth" tool.

manufacturing, through the 

promotion of career pathways.

Percent of participants 

entering employment or 

enrolling in post-secondary 

education, the military or 

advanced 

training/occupational skills 

training in the first quarter 

after exit. (WIA Youth)

Target 59.40% 58.00% 53.10% 53.30% 59.70% 59.90% 60.20% Placement in education 

increased from 14% in PY 

2010 to 15.8 in PY 2011. ETA 

promoted partnerships with 

other federal agency programs 

and employers to provide 

summer and year-round 

employment.

States continue to indicate a 

need for additional TA related 

to credential attainment in 

high demand industries.

ETA will provide guidance on 

developing programs that offer 

youth career pathways and that 

combine occupational and 

basic educational skill 

attainment through 

postsecondary offerings.

Result 60.60% 53.70% 59.00% 59.30% -- -- --

Status Y N Y Y -- -- --

Percent of students who 

attain a GED, HSD, or 

certificate by the end of the 

third quarter after exit from 

the program (Job Corps)

Target 54.00% 55.00% 56.00% 57.00% 58.00% 65.00% 58.00%

Increased focus on graduate 

full-time placement has helped 

sustain prior year results.

Result 55.00% 60.60% 64.40% 64.90% -- -- --

Status Y Y Y Y -- -- --

Percent of Job Corps 

Participants entering 

employment or enrolling in 

post-secondary education 

and/or advanced 

training/occupational skills 

training in the first quarter 

after exit from the program

Target 74.0% 75.0% 65.3% 66.3% 67.3% 65.0% 70.0%

Increased focus on graduate 

full-time placement has helped 

sustain prior year results.

Result 66.0% 65.8% 73.4% 73.3% -- -- --

Status N N Y Y -- -- --

Percent of Training 

Program Exiters who Earn 

an Industry Recognized 

Credential

Target -- -- -- -- 59.00% 62.00% -- ETA is taking an integrated 

approach across several 

programs to ensure that 

program participants have the 

opportunity to earn industryrecognized credentials that can 

lead to good jobs.

Apprenticeship estimates 

performance for its non-fed 

funded states based on its 25 

federally funded states. This 

methodology may not 

accurately portray national 

performance.

ETA will stress, through 

directives and technical 

assistance, the benefits of 

training that leads to a 

credential. ETA will also 

promote credential attainment 

through the design of grant 

competitions.

Result -- -- -- -- 57.20% -- --

Status -- -- -- -- -- -- --

Percent of participants who 

earn a GED or certificate 

by the end of the third 

quarter after exit 

(YouthBuild)

Target -- Base 60.7% 60.0% 62.9% 63.0% 63.0% Technical assistance to 

grantees on improving

education outcomes and 

opportunities provided for 

instructor training in industryrecognized construction 

curricula helped the program 

meet its target.

Although the target was met, 

grantees are continuing to 

explore how to best deliver 

industry-recognized training 

opportunities.

ETA will focus its technical 

assistance efforts on GED and 

occupational skills 

preparation.

Result 41.0% 58.0% 62.2% 66.2% -- -- --

Status -- -- Y Y -- -- --

Sources: Job Corps – Job Corps Management Information System. WIA Youth – Annual State WIA performance reports (ETA-9091). YouthBuild – grantees’ quarterly reports. 

APG: State/Grantee Quarterly Reports. 

Notes: “Participants” in Job Corps’ first measure includes graduates and former enrollees, but not “uncommitted” – which are those students in the program for less than 60 days 

or who exit because of the zero tolerance policy. Due to the long-term nature of YouthBuild program, PY results are program-to-date (cumulative since PY 2008).“Participants” in 
Strategic Goal 1

United States Department of Labor – 28 – FY 2012 Annual Performance Report

Job Corps’ first measure includes graduates and former enrollees, but not “uncommitted” – which are those students in the program for less than 60 days or who exit because of the 

zero tolerance policy. Due to the long-term nature of YouthBuild program, PY results are program-to-date (cumulative since PY 2008).

Program Evaluations

Independent evaluations completed in FY 2012 are summarized below.

ETA – “Job Corps Oversight of Center Performance Needs Improvement,” September 2012 (OIG)

Relevance: Job Corps uses a complex performance management system to assess program effectiveness across multiple components of services and programs offered to Job 

Corps students at 125 centers nation-wide and provide feedback to its centers on performance, while encouraging continuous program improvement. The Office of Inspector 

General (OIG) conducted this audit to address the following question: To what extent has the Office of Job Corps ensured its centers managed their academic and career 

technical training programs to meet performance goals and maximize student achievements?

Findings and Recommendations: 

OIG Findings:

• Job Corps’ oversight weaknesses undermine center performance

• Job Corps’ oversight of centers did not address poor performing programs and maximize student 

achievements

OIG Recommendations:

• Develop processes and controls to ensure Job Corps issues PIPs to centers for each 

underperforming CTT program as required by WIA and Job Corps policy.

• Revise the grading system used to initiate PIPs to ensure it effectively identifies underperforming 

CTT programs.

• Develop processes and controls to ensure that underperforming HSD/GED programs receive 

appropriate oversight, including PIPs.

• Develop processes and controls to ensure Job Corps conducts ROCAs as required by Job Corps 

policy and that CTT and HSD/GED performance issues are identified and addressed.

• Develop processes and controls to ensure Job Corps documents and reviews for effectiveness all 

oversight activities conducted so that internal and external stakeholders can make informed 

decisions regarding the oversight’s effectiveness.

Next Steps: 

• In the PY 2012 update to Job Corps Policy and Requirements 

Handbook (in Appendix 501d, pages 11-15), Job Corps codified 

revisions to the CTT overall rating scale, outlined required 

procedures for grading (A-D) and clearly delineated procedures for 

development, implementation and monitoring of Performance 

Improvement Plans.

Additional Information: http://www.oig.dol.gov/public/reports/oa/2012/26-12-006-03-370.pdf
Strategic Goal 1

United States Department of Labor – 29 – FY 2012 Annual Performance Report

Outcome Goal 1.3―Help workers who are in low-wage jobs or out of the labor market find a path into middle 

class jobs

Analysis and Future Plans

Employment and Training Administration

Through various ETA efforts and improving overall economic conditions, all six programs were able to meet their respective entered employment 

goals in PY 2011/FY 2012. 

While training cannot create jobs, the Department will continue to stress the need to train individuals for jobs and occupations in demand. For 

example, the WIA Adults experienced a 15.6 percentage point difference when looking at program exiters who received training services and those 

who did not; WIA Dislocated Workers experienced 23.6 percentage point difference. Throughout the year, the program worked to accurately 

determine which sectors and career opportunities were gaining strength; the vast majority of trainings issued align with BLS high-growth occupations 

and/or the Occupational Information Network’s (O*Net) “Bright Outlook” occupations list. Critical investments were also made to further 

understand promising reemployment approaches such as on-the-job training and career pathways. Information on these and other effective strategies 

for reemployment will be shared with the workforce system in the coming year. Looking forward, determining how to invest precious training funds 

will remain a top priority for the program in the coming year and throughout the economic recovery. 

In response to the Veterans Opportunity to Work (VOW) to Hire Heroes Act of 2011, DOL renewed its commitment to lower veterans’ 

unemployment and ensure that service members leave the military career-ready. In the coming program year, ETA will continue to partner with 

VETS on several key activities to provide the workforce system with guidance on services available to veterans, including Priority of Service. ETA 

will also remain focused on assisting participants with entry to career pathways that lead to middle-class jobs and strengthening strategic partnerships 

with businesses and the education community. Workforce solutions will continue to be developed within the context of state and regional economies. 

DOL will continue to target the placement of workers in high-demand sectors and occupations, and to emphasize occupational training and adult 

education – especially in green and health care occupations. 

Apprenticeships are tied to employment and, therefore, have declined in number with the nation’s widespread job losses over the past few years –

especially since a large majority of apprentices are in the construction and manufacturing industries, both of which have been severely affected by the 

recession. However, over 63,000 new apprentices nationwide participated in registered apprenticeship programs in FY 2012
Strategic Goal 1

United States Department of Labor – 30 – FY 2012 Annual Performance Report

Reemployment (in suitable jobs) is one of the underlying purposes of the UI program. Although the UI program does not provide reemployment 

services directly, many of its payment eligibility provisions, such as work search and Employment Service registration requirements are designed to 

promote reemployment. 

In the year ending June 30,2012 - the latest data available - 62.6 percent of UI claimants were reemployed in the calendar quarter following the 

quarter in which they received their first UI payment. This performance is on pace to exceed the FY 2012 target of 56.4 percent, and represents an 

increase of .6 percentage points from the FY 2011 level. 

ETA – Provide workers with the resources necessary to increase their likelihood of obtaining middle class jobs

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Entered Employment Rate 

(INAP)

Target 64.30% 60.20% 53.40% 54.00% 55.70% 56.20% 57.10% Increasing the number served, 

providing TA to help grantees 

tailor training opportunities to 

the realities of the local 

economy and enhancing 

partnerships helped INAP 

meet its goal.

ETA will continue to provide 

guidance will be provided to 

the workforce system that 

emphasizes occupational 

training and adult education.

Result 62.60% 56.00% 53.86% 59.30% -- -- --

Status N N Y Y -- -- --

Entered Employment Rate 

(NFJP)

Target 73.80% 72.20% 79.40% 79.70% 80.50% 80.60% 80.80% A comprehensive service 

delivery model combining 

training, employment services, 

and supportive services that 

prepares farmworkers for 

employment was key in 

NFJP’s success this PY.

Technical assistance efforts 

will continue to focus on 

effective training and service 

delivery strategies for 

farmworkers.

Result 80.30% 80.70% 80.10% 82.60% -- -- --

Status Y Y Y Y -- -- --

Entered Employment Rate 

(Employment Service)

Target 60.30% 56.50% 46.20% 46.60% 49.90% 50.30% 51.00% The program served over 19 

million participants, and 

helped over 7 million 

Americans enter or return to 

the workforce.

The Entered Employment rate 

increased in PY 2011 from PY 

2010 by over 3 percent. 

However, placements are still 

well below the pre-recession 

levels.

DOL will continue to provide 

policy and programming 

guidance including the sharing 

of best practices to help 

American Job Seekers.

Result 59.70% 47.80% 48.00% 51.30% -- -- --

Status N N Y Y -- -- --

Facilitate Claimant 

Reemployment: Percent of 

UI claimants reemployed 

by the end of the first 

quarter after quarter in 

which they received first 

payment.

Target 65.20% 59.00% 58.60% 54.40% 56.40% 59.40% 64.70%

Improving economic 

conditions and state 

reemployment efforts have 

resulted in improved 

performance on this measure.

10 states did not meet the 

state-specific Acceptable 

Level of Performance standard 

for this measure.

States failing to achieve the 

state-specific Acceptable 

Level of Performance standard 

for this measure were required 

to develop a corrective action 

plan (CAP) for the FY 2013 

SQSP submission.

Result 58.00%[r] 53.50%[r] 56.80%[r] 62.00%[r] 62.60% -- --

Status N N I Y Y -- --

Entered Employment Rate 

(WIA Adult)

Target 71.0% 66.3% 49.3% 53.1% 56.7% 57.1% 57.9% The Entered Employment 

Rate continues to increase 

from the economic downturn 

indicating an economic and 

jobs recovery.

Although the target was met, 

there continues to be a high 

demand for WIA Adult 

services and training.

ETA will strongly engage the 

business community to ensure 

credentials earned through the 

Adult program are industryrecognized and in highdemand occupations.

Result 67.6% 51.0% 57.3% 56.8%[r] -- -- --

Status N N Y Y -- -- --
Strategic Goal 1

United States Department of Labor – 31 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Entered Employment Rate 

(Dislocated Worker)

Target 71.00% 66.30% 49.30% 49.70% 58.60% 58.90% 59.60% The Department emphasized 

the eligibility of returning 

service-members for 

Dislocated Worker services 

and training.

When compared to prerecession levels, employment 

opportunities continue to be 

more limited.

ETA will ensure Dislocated 

Worker job training is strongly 

linked to local labor market 

opportunities.

Result 67.60% 51.00% 57.30% 60.70% -- -- --

Status N N Y Y -- -- --

Sources: Sources: ES - State Quarterly Labor Exchange Reporting System Reports. WIA Adult - Annual State WIA performance reports (ETA-9091) and quarterly reports (ETA9090). Dislocated Worker - Annual State WIA performance reports (ETA-9091) and quarterly reports (ETA-9090). INAP - Grantee Records. MSF- WIA Standard Participant 

Record (WIASPR) and Program Status Summary Reports (ETA-9095). UI-- State ETA 9047 reports. 

Notes: UI Data are for claimants who received their first payments between April 2010 and March 2011, who were reemployed between July 2010 and June 2011.The 7-point 

increase in performance between FY 2011 and 2012 is due to the rise in Extended Benefits (EB) payments. EB payments rose from $8.0 billion in 2010 to $11.9 billion in 2011 

and model results suggest that most of the increase from FY 2011 to FY 2012 resulted from the increase in EB overpayments.

Program Evaluations

Independent evaluations completed in FY 2012 are summarized below.

ETA – “Workforce Investment Act: Innovation Collaborations between Workforce Boards and Employers Helped Meet Local Workforce Needs”

Relevance: The purpose of the General Accountability Office (GAO) study and testimony before the Senate Subcommittee on Employment and Workforce Safety, Committee 

on Health, Education, Labor and Pensions was to review and present examples of collaboration between the local workforce investment boards and employers. GAO

acknowledged the “challenge of collaboration” but proceeded from an investigative platform to find “promising practices” and “positive results” within the system. Based on 

recommendations from Federal agencies and workforce and economic development officials, GAO decided to review fourteen initiatives in thirteen local areas to review. 

Findings and Recommendations: 

• The key principals surveyed in the fourteen initiatives cited a number of 

common factors which facilitated and sustained collaboration – (1) a focus on 

urgent and common needs, (2) leadership, (3) the use of leveraged resources, (4) 

employer-responsive services, (5) minimizing administrative burden, and (6) 

results that motivated the partners to continue their collaboration.

• The majority of collaborations grew out of efforts to urgent workforce needs of 

multiple employers in specific industry sectors including health care and 

manufacturing.

• The sector approach paid dividends: Boards and their partners produced 

innovative labor force solutions that, in several cases, evaded employers who 

were trying to address their needs individually. 

• Listening to the employer voice was an imperative. In all surveyed initiatives, 

the partners provided employer-responsive services to actively involve 

employers and keep them engaged in the collaborative process. Some boards 

Next Steps: 

• GAO noted that “Labor has taken various steps to support local collaborations, such 

as conducting webinars and issuing guidance on pertinent topics, and contributing to 

a new federal grant program to facilitate innovative regional collaborations. Yet, 

while many boards cited leveraging resources as a key to facilitating collaboration, 

Labor has not compiled pertinent information on effective practices for leveraging 

resources and made it easy to access.” ETA is undertaking a redesign of our primary 

sharing platform and database (Workforce3One) to making it easier for users to find 

specific resources, including leveraging funding. In addition, ETA has introduced a 

“Workforce System Strategies” page which represents the agency’s effort to begin 

identifying a range of potential strategies that are informed by research evidence or 

peer expertise.

• ETA builds business engagement strategies and expectations into the design and 

implementation of all competitive grants, and supports formula grantees through 

technical assistance and online tools.
Strategic Goal 1

United States Department of Labor – 32 – FY 2012 Annual Performance Report

and partners employed staff with industry-specific knowledge to better 

understand the employer’s requirements.

• GAO documented a number of other positive results, including repeat employer 

business and enhancement in the number of quality of job listings submitted by 

employers.

• The Federal WIA performance measures, however, were often judged 

ineffective or incomplete in reflecting Board and Center engagement with 

employers. This judgment drove several Boards to devise their own measures to 

assess services to employers. 

• ETA has also undertaken other steps to support our system’s set of relationships with 

the nation’s employers, including a redesign of CareerOneStop.org to provide a 

business portal to improve access of employers to important resources and 

information products. The agency also awarded grants to 13 States to expand and 

strengthen “business engagement.” The agency will bring these States into “peer-topeer” sharing discussions, and the developed successful strategies will be shared 

with other States.

• States have also described their sector strategies and business outreach and 

engagement plans within the context of the Workforce Investment Act – WagnerPeyser Strategic Plans (2012 – 2016). 

Additional Information: http://www.gao.gov/products/GAO-12-419T
Strategic Goal 1

United States Department of Labor – 33 – FY 2012 Annual Performance Report

Outcome Goal 1.4―Help middle-class families remain in the middle class

Analysis and Future Plans

Employment and Training Administration

It is the Department’s goal to help keep middle-class families in the middle-class. Over 80 percent of program exiters were still employed nine months after 

completing services and gaining employment through the WIA Dislocated Worker program, NEGs, and TAA. 

During the past year, the Department developed and disseminated career and workforce information to the workforce development system, partner agencies 

and the public through national electronic tools. ETA believes that improved workforce information and job assessment tools are critical in creating a match 

between jobseekers and those employers are willing to hire. ETA also developed and disseminated O*NET occupational competency profiles, coordinated 

workforce information grants to states, and provided technical assistance on the analysis and strategic use of labor market information. 

At the end of FY 2011, OTAA reported an average processing time (APT) of 61 days; at the end of FY 2012, the Q4 APT was 50 days, which represents an 

11-day improvement over the previous year. OTAA attributes its success in meeting the FY 2012 annual target to: (1) the speed and focus that remaining 

staff adopted in processing petitions; (2) the implementation of modified standard operating procedures (SOPs); (3) increased investigator training, (4) a 

decline in petition filings throughout the year, and (5) and the establishment of a special team to focus strictly on reducing current overdue petitions.

ETA – Ensure that those workers adversely affected by foreign and domestic economic conditions can remain in the middle class

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Average Petition 

Processing Time in Days 

(TAA)

Target -- -- 40[r] 75 54[r] 40 TBD The implementation of more 

stringent completion 

timeframes (via special team 

focused on overdue petitions) 

and improved accountability 

by internal audits contributed 

to a reduction in the APP.

Changes in legislation and 

limited staffing had a slight 

negative impact on results.

Result 35 48 140 78[r] 52 -- --

Status -- -- N I Y -- --

Employment Retention 

Rate (Apprenticeship)

Target 84.00% 80.10% 81.80% 78.90% 79.10% 79.60% 84.10% Because 58% of program 

completers in FY 2012 work 

in the construction industry, 

the drop in the construction 

industry’s annual 

unemployment rate has 

positively impacted results.

ETA will continue to employ 

technical assistance strategies 

that help sponsors increase the 

numbers of apprentices who 

complete their programs.

Result -- 81.60% 80.90% 84.00% 85.30% -- --

Status -- Y N Y Y -- --
Strategic Goal 1

United States Department of Labor – 34 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Employment Retention 

Rate (TAA)

Target 91.00% 87.50% 83.30% 82.90% 83.20% 83.60% 90.00% Positive outcomes are a result 

of continued focus on 

employment and case 

management services which 

led to effective service 

strategies. TAA Extension Act 

of 2011 reauthorized case 

management services.

Result 90.00% 88.00% 86.20% 89.90% 90.60% -- --

Status I Y Y Y Y -- --

Percent of petitions 

processed in compliance 

with established review 

procedures (TAA)

Target -- -- -- Base 86.25%[r] 90.00% 90.00% In FY 2012, the program 

enhanced efficiency and 

production outputs throughout 

MIS data entry, case 

management, customer 

outreach, investigation 

timeliness, determination, and 

notification.

The program met this target 

despite changes in legislation 

and staffing limitations.

Implement additional 

accountability measures in 

performance standards; 

improve customer outreach 

and data integrity procedures; 

and track progress of 

investigations and complete 

audits more frequently

Result -- -- -- 87.00% 89.00% -- --

Status -- -- -- -- Y -- --

Employment Retention 

Rate (Dislocated Worker)

Target 84.70% 84.00% 78.00% 78.00% 82.00% 82.00% 82.10%

DW exceeded its goal and has 

improved upon the PY 10 

outcomes by over 2 percent.

ETA will continue to 

emphasize the use of local 

labor market information to 

enhance and target strong 

employment opportunities for 

workers and jobseekers.

Result 86.00% 79.70% 81.90% 84.10% -- -- --

Status Y N Y Y -- -- --

Employment Retention 

Rate (National Emergency 

Grants)

Target -- Base 76.80% 77.10% 83.90% 83.90% 84.00% The training and employment 

services provided through 

National Emergency Grants 

were effective in helping 

dislocated workers impacted 

by mass layoffs find and retain 

employment.

Result -- 78.50% 85.50% 88.30%[r] -- -- --

Status -- -- Y Y -- -- --

Sources: DW -- Annual State WIA performance report (ETA-9091) NEG -- WIA Standardized Record Data

Notes:

Veterans’ Employment and Training Service

In FY 2012, VETS nearly reached its target of 90 percent of Uniformed Services Employment and Reemployment Rights Act (USERRA) 

investigations completed within 90 days, by ending the year at 89 percent. The percent of USERRA referrals completed within 60 days exceeded the 

target of 70 percent by thirteen percentage points (83 percent).

VETS strives to improve its USERRA investigative process. FY 2012 was a baseline year for implementing a quality measure to evaluate the closed 

investigation cases. It resulted in 83 percent of closed investigations meeting the agency’s quality standard. 
Strategic Goal 1

United States Department of Labor – 35 – FY 2012 Annual Performance Report

In FY 2013, VETS will also develop a quality measure for the closed investigation cases that were referred outside of the agency. 

 

VETS – Reduce employer-employee employment issues originating from service members' military obligations conflicting with their civilian employment

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percent of USERRA 

investigations completed 

within 90 days

Target -- -- 87.0% 87.0% 90.0% 90.0% 90.0% VETS has continued to 

reinforce the 90-day standard 

for consecutive fiscal years 

and has incorporated the 

standard into management 

officials’ performance plans.

Some cases required additional 

time or were more complex in 

nature, preventing VETS from 

reaching its timeliness target.

VETS will be reviewing the 

quality of investigations on a 

quarterly, rather than annual 

basis, to make real-time course 

corrections and disseminate 

best practices.

Result 78.0% 86.0% 84.0% 87.0% 89.0% -- --

Status -- -- N Y I -- --

Percent of USERRA 

referrals completed within 

60 days

Target -- -- 59.0% 60.0% 70.0% 83.0% 85.0% Non-federal referrals are made 

directly to the U.S. 

Department of Justice, and do 

not have the benefit of an 

intermediary review by DOL’s 

Office of the Solicitor.

VETS will develop a quality 

review process for referrals, 

similar to the process for 

investigations. This process

will ensure that increased 

referral timeliness does not 

result in diminished quality.

Result 6.0% 56.0% 63.0% 57.0% 83.0% -- --

Status -- -- Y N Y -- --

Percent of Closed Cases 

Meeting the Agency's 

Quality Standard

Target -- -- -- -- Base 84.0% 86.0% VETS established a baseline 

for this quality measure in FY 

2012.

Result -- -- -- -- 83.3% -- --

Status -- -- -- -- -- -- --

Sources: USERRA Information Management System

Notes:

Program Evaluations

Independent evaluations completed in FY 2012 are summarized below.

ETA – “An Effectiveness Assessment and Cost-Benefit Analysis of Registered Apprenticeship in 10 States,” July 2012 (Mathematica Policy Associates)

Relevance: The study assessed the effectiveness of Registered Apprenticeship (RA) with regard to the earnings and net benefits received by apprentices; the barriers that 

women face in RA and the best practices for promoting their success; and the social costs and benefits of RA in 10 states: Florida, Georgia, Iowa, Kentucky, Maryland, 

Missouri, New Jersey, Ohio, Pennsylvania and Texas. 

Findings and Recommendations: 

• Participants who completed an RA program had average lifetime earnings gains of nearly a quarter million dollars 

($240,037, increasing to $301,533 with employer benefits added) compared to nonparticipants. Even when individuals 

Next Steps: 

• OA will widely disseminate the findings of the 

study to the workforce system, policy leaders 
Strategic Goal 1

United States Department of Labor – 36 – FY 2012 Annual Performance Report

who participated in, but did not complete, the program are added to the analysis, average earnings gains for all 

participants is still an impressive $98,718 ($123,906 with employer benefits) over their careers. 

• The social benefits of the RA program appear to be much larger than the social costs. Over the career of an apprentice, 

the estimated social benefits of RA exceed the social costs by more than $49,000. 

• Female apprentices expressed positive views of RA but recommended some changes to promote women’s success. 

Researchers found that women participate in RA at lower rates than men and are concentrated in social service 

occupations (mainly child care and health care). In the 2010 cohort, women made up only 9 percent of new 

apprentices. Women are much less likely than men to enroll in the traditional skilled trades and, when they do, they are 

less likely than men to complete RA.

• The women interviewed see their participation in RA as a pathway to career advancement and higher pay. Those 

interviewed suggested strategies to enhance the success of women in RA: Undertaking targeted outreach campaigns, 

building women’s basic skills, helping women develop accurate expectations about particular occupations, adequate 

child care, assisting employers to enforce policies to combat harassment at male-dominated worksites and per groups 

for support and encouragement.

• RA programs are largely similar in states federally administered by the Office of Apprenticeship (OA) states and State 

Apprenticeship Agency states (SAA). Modest differences were found between both types of states in demographics, 

occupational distribution, completion rates, and earnings gains of apprentices. 

and other stakeholders who will take may take 

interest in seeing the high return on investment 

of public dollars in a program that results in 

high wages for participants. 

• A webinar is planned for the spring of 2013. 

Meetings and other activities are still in the 

planning stage.

Additional Information: http://wdr.doleta.gov/research/FullText_Documents/keywork.cfm

ETA – “Trade Adjustment Assistance: Changes to the Workers Program Benefited Participants, but Little Is Known about Outcomes,” September 2012 (GAO)

Relevance: The Trade Globalization and Adjustment Assistance Act of 2009, enacted as part of the American Recovery and Reinvestment Act, made substantial changes to the 

TAA program, such as extending eligibility to workers in the service sector and increasing benefits levels. The Act required GAO to report on the operation and effectiveness of 

those changes. Specifically, GAO examined (1) the challenges Labor faced in implementing the 2009 legislation, (2) selected state officials’ assessment of the 2009 legislation’s 

effect on participants and state and local administrators, and (3) the extent to which participants received program benefits and services established by the 2009 legislation and 

achieved employment outcomes.

Findings and Recommendations: 

• None

Next Steps: 

• None

Additional Information: http://www.gao.gov/products/GAO-12-953

ETA – “Changes Can Provide ETA Better Information on Participants Co-Enrolled in Workforce Investment Act and Wagner-Peyser Programs”

Relevance: In February 2006, ETA issued guidance to State Workforce Agencies (SWA), encouraging them to co-enroll individuals in multiple programs given the conviction 

that such action would help integrate services and improve participant outcomes. While there are no current statutory or regulatory requirements or goals for the SWAs or Local 

Workforce Agencies (LWA) to implement co-enrollment, this activity was viewed as a voluntary tool to facilitate service delivery. The Office of Inspector General (OIG) 

conducted a subsequent performance audit of the WIA and Dislocated Worker program participants co-enrolled in the Wagner-Peyser program. 

Findings and Recommendations: 

• All but one of 53 SWAs reported the co-enrollment participants in the 

WIA Adult and Dislocated Worker and Wagner-Peyser programs.

• The SWAs collectively reported that approximately 88 percent of WIA 

Next Steps: 

• In response to the performance audit’s major recommendations, ETA provided a 

memorandum to the OIG which offered these assessments and responses:

• There is no requirement under WIA or Wagner-Peyser regulations that require that a 
Strategic Goal 1

United States Department of Labor – 37 – FY 2012 Annual Performance Report

Adult and Dislocated Workers nationwide were co-enrolled with WagnerPeyser. The SWAs and LWAs used cost-allocation plans and resourcesharing agreements to ensure that WIA and Wagner-Peyser programs bear 

their fair share of costs. 

• Without an effective system to measure the outcomes of participants who 

were co-enrolled, OIG observed that “ETA was not in a position to 

provide program managers, policymakers, and the public with relevant 

information about programs impacted by co-enrollment. The SWAs and 

LWAs faced challenges to comply with the service and reporting 

requirements of the multiple funding streams.” 

• The OIG assessment concluded that ETA faces three challenges as a result 

of co-enrollment that are inherent in WIA’s design to provide integrated 

services through multiple funding streams because: 

(1) a reporting mechanism was not in place that could capture the reality 

brought about by co-enrollment — i.e., how to account for and report 

outcomes on participants who were concurrently receiving services funded 

by multiple programs; 

(2) the SWAs’ and LWAs’ flexibility to co-enroll participants was 

impacted by the requirement that services funded by Wagner-Peyser be 

provided by State employees; and 

(3) the risk that LWAs provided duplicate services to participants 

increased due to co-enrollment. 

reporting mechanism be developed to capture co-enrollment practices. As acknowledged in 

the report, ETA views co-enrollment practices as a voluntary tool available to states to 

enhance service delivery. 

• ETA will encourage states to share the information without making a value judgment. 

Since co-enrollment is done on a state-by-state basis, ETA notes that what works well in one 

state or area may not work well or be appropriate in another. However, ETA will share state 

comments regarding why co-enrollment is a beneficial practice. These comments will be 

shared in the TEN. ETA will solicit written state responses through the performance inbox, 

ETAPerforms@dol.gov. 

• ETA will use the opportunity of the aforementioned TEN to remind states of the 

importance of ensuring that services are not duplicative across multiple funding streams, and 

that states and local service providers are best positioned to determine the mix of services 

that will meet the needs of their customers. While the Workforce Investment Act Standard 

Record Data cannot be used to identify potentially duplicative services, states need to ensure 

that they have mechanisms in place for American Job Center staff to help ensure that 

services are not duplicated, as that is not the most efficient use of funds. ETA recognizes 

that there are situations where a pure count of services provided may cause a reviewer to 

think that services overlap. However, states and American Job Center staff must continue to 

be able to determine the appropriate services to meet an individual’s needs.

• The Workforce Investment Streamlined Reporting System (WISPR) has been piloted in two 

States since 2006 with plans to bring a third State into the pilot in PY 2013. WISPR would 

integrate data systems to make the provision of unduplicated counts of program participants 

and exiters possible. National implementation, however, has been constrained due to a lack 

of funding for this reporting system.

Additional Information: http://www.oig.dol.gov/public/reports/oa/2012/03-12-004-03-390.pdf
Strategic Goal 1

United States Department of Labor – 38 – FY 2012 Annual Performance Report

Outcome Goal 1.5―Secure wages and overtime

Analysis and Future Plans

Wage and Hour Division

In FY 2012, WHD conducted a nationwide directed enforcement initiative to establish a baseline compliance rate for the residential construction and 

hotel industries. In FY 2013, WHD is finalizing these results while implementing lessons learned from a FY 2010 initiative on the janitorial 

industry. These initiatives, along with the complaint investigations and local directed initiatives in priority industries, support WHD’s mission to 

protect vulnerable workers in low wage industries including agriculture. The complaint investigations allow WHD to fulfill its customer service 

obligations and determine emerging problems. The directed enforcement program allows WHD to invest resources in industries likely to have 

violations where there are vulnerable workers who are not likely to file complaints.

WHD – Ensure that vulnerable workers are employed in compliance and secure sustained and verifiable employer compliance, particularly among the most persistent violators

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Number of compliance 

actions

Target -- -- 29,268 31,897 34,533 36,301 37,558 WHD is experiencing 

increased productivity from 

the 300 new investigators 

hired in 2009 and 2010. They 

have completed their training 

and are becoming more 

productive.

Gains in the number of 

compliance actions will be 

incremental as WHD 

maintains its emphasis on 

conducting quality case work 

and concentrating on noviolation cases through 

effective planning.

WHD needs to keep 

investigator numbers at 

optimal levels to ensure that 

productivity remains high.

Result 28,232 24,918 26,500 33,293 34,139 -- --

Status -- -- I Y I -- --

Percent of directed 

investigations (excludes 

conciliations)

Target -- -- 24.00% 32.00% 35.00% 38.00% 40.00% Priorities and policies are 

producing results. For 

example, field staff shifting 

from lower priority complaints 

to directed work.

WHD reached this target but 

not the directed no violation 

rate. WHD will maintain the 

emphasis on refining targeting 

strategies and performing 

quality investigations.

WHD needs to continue to 

focus on keeping no violation 

rates low as this measure result 

continues to increase.

Result 36.51% 35.21% 17.00% 29.00% 40.63% -- --

Status -- -- N I Y -- --

Percent of complaint no 

violation cases

Target -- -- -- 15.00% 22.80% 22.00% 20.00% WHD instituted new 

complaint screening processes 

that have resulted in lower no 

violation rates.

WHD needs to remain vigilant 

in ensuring that the complaint 

investigations support WHD

priorities and customer 

service.

WHD is exploring targeting 

models to ensure that 

resources are placed in priority 

areas.

Result 21.34% 21.95% 26.12% 24.59% 21.29% -- --

Status -- -- -- I Y -- --
Strategic Goal 1

United States Department of Labor – 39 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percent of directed no 

violation cases

Target -- -- -- 28.00% 25.00% 23.00% 20.00% WHD has placed a greater 

emphasis on planned 

investigations which has 

resulted in this trend of lower 

no violation rates.

WHD greatly exceeded its 

planned number of directed 

investigations which resulted 

in a higher than anticipated 

result.

See above. Result 35.02% 35.20% 30.27% 30.00% 29.22% -- --

Status -- -- -- I I -- --

Percent of all investigations 

in priority industries 

(excludes conciliations)

Target -- -- -- 75.00% 72.00% 75.00% 77.00% WHD commits to industries 

where it expects to find 

vulnerable workers, which is 

balanced against doing 

investigations in each 

statutory program.

WHD may have plateaued in 

performance by this measure.

WHD is reviewing its priority 

industries to ensure that WHD 

is continuing to place 

resources in industries with 

vulnerable workers.

Result 73.56% 74.64% 72.36% 74.64% 74.62% -- --

Status -- -- -- I Y -- --

Percent of complaint 

investigations in priority 

industries (excludes 

conciliations)

Target -- -- -- 63.00% 66.00% 68.00% 69.00% WHD recognizes not all 

complaint responses in 

priority industries given the 

need to be responsive to 

program areas like FMLA can 

occur.

See above. See above.

Result 64.22% 64.85% 65.39% 66.00% 67.33% -- --

Status -- -- -- Y Y -- --

Percent of Directed 

Investigations in Priority 

Industries

Target -- -- -- 80.00% 83.00% 85.00% -- WHD continues to place high 

priority and resources in 

industries with vulnerable 

workers.

Result 83.90% 85.77% 81.83% 81.74% 85.25% -- -- See above. See above.

Status -- -- -- Y Y -- --

Sources: WHISARD

Notes:

Employment and Training Administration

Foreign labor certification programs have as a primary responsibility the review of employer-filed applications requesting the Secretary of Labor’s 

certification in order to proceed with the employment-based immigration process. The fundamental determination, by statute, which must be made 

prior to the granting of labor certification, concerns whether the hiring of a foreign worker will adversely impact the wages and working conditions of 

U.S. workers, and that no qualified U.S. workers are willing or available to fill a given vacancy. The Secretary has delegated the responsibilities for 

the administration of permanent and temporary labor certification programs to the Employment and Training Administration’s (ETA) Office of 

Foreign Labor Certification (OFLC). Statutes, regulations, and administrative requirements establish mandatory timeframes within which the OFLC 

must issue a final determination or take certain actions on employer-filed applications for permanent or temporary labor certification. 

In FY 2012, for the permanent labor certification program (PERM), 77 percent of permanent labor certification program applications were resolved 

within six months of the initial filing date (PERM). When compared to FY 2010, processing times improved substantially due, in large measure, to 

the continued implementation of a management plan that resulted in further reductions of the backlog of pending permanent cases by 40 percent. 
Strategic Goal 1

United States Department of Labor – 40 – FY 2012 Annual Performance Report

OFLC has placed a high priority on integrity, so it will audit more of its cases. As a result of the detailed and time-intensive audit process, OFLC 

maintains a target of 68 percent for its PERM measure. 

ETA – Maintain oversight to ensure that employers are compliant with wage and overtime laws with respect to certified foreign laborers

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percent of employer 

applications for permanent 

labor certification resolved 

within six months of filing

Target 75.00% 92.00% 80.00% 81.00% 68.00% 68.00% 0.00% OFLC tracked PERM 

application processing times 

on a weekly, monthly and 

quarterly basis and re-aligns 

Atlanta National Processing 

Center resources when 

necessary to meet the 

timeliness goals.

Applications selected for 

integrity review take longer 

than six months to process. 

OFLC monitors the volume of 

applications selected for 

review to balance limited staff 

resources and timeliness goals.

Continue to monitor timeliness 

of both non-integrity and 

integrity applications as well 

as the volume of applications 

selected for integrity review.

Result 92.00% 18.00% 37.00% 77.00% 77.00% -- --

Status Y N I I Y -- --

Percent of resolved 

permanent applications 

selected for integrity review 

and found in compliance

Target -- -- 60% 61% 50% -- -- OFLC continuously tracked 

PERM audit review results 

and used these results to make 

decisions about which cases to 

select for audit reviews in the 

future.

The measure provides little 

management value since there 

is no way to ensure employer 

compliance prior to issuing a 

final determination and does 

not account for case 

adjudication process quality.

In FY 2013, OFLC will 

establish baseline data for a 

new measure designed to 

assess the quality of OFLC’s 

decision-making and level of 

compliance with established 

operating protocols.

Result -- -- 55% 50% 67% -- --

Status -- -- -- N Y -- --

Percent of permanent labor 

certification determinations 

issued by OFLC in 

compliance with 

established standard 

operating procedures

Target -- -- -- -- -- Base --

N/A N/A N/A

Result -- -- -- -- -- -- --

Status -- -- -- -- -- -- --

Sources: OFLC PERM Electronic Filing and Case Processing System

Notes:

Program Evaluations

Independent evaluations completed in FY 2012 are summarized below.

ETA – “Management of H-2B Program Needs to Be Strengthened to Ensure Adequate Protections for U.S. Workers,” September 2012 (OIG)

Relevance: The Office of Inspector General (OIG) audited the Employment and Training Administration’s (ETA) role in the H-2B visa program. The H-2B non-immigrant 

program permits employers to hire foreign workers to enter the U.S. to perform temporary non-agricultural services or labor on a one-time, seasonal, peak load, or intermittent 

basis. This audit expanded the work OIG completed in a previous report issued September 30, 2011. 
Strategic Goal 1

United States Department of Labor – 41 – FY 2012 Annual Performance Report

Findings and Recommendations: 

• Develop an alternative methodology for its 

post-adjudication audits;

• Collaborate with Department of Homeland 

Security (DHS) to explore ways for ETA to 

review U.S. Citizenship and Immigration 

Services documents during ETA postadjudication audits; 

• Begin post-adjudication audits no later than 

120 days into the approved employment 

period of the selected application and 

complete within 70 days; not only to deter 

potential fraud with the program, but also to 

allow the employer to take corrective action 

for any deficiencies identified.

Next Steps: 

• ETA/OFLC agreed with this recommendation and committed to reviewing the content of the Notice of Audit 

Examination (NOAE) to ensure ETA requests adequate source documentation. The Department identified four 

recommended actions and corresponding timeframes to implement this recommendation: 

1. Evaluate current NOAE payroll documentation requirements (January 2013); 

2. Develop revised NOAE (January 2013); 

3. Revise Standard Operating Procedures (February – March 2013); 

4. Implement revised NOAE (April – May 2013). 

In addition, ETA/OFLC agreed to provide to the Wage and Hour Division, when requested, a copy of the audit findings 

where ETA identifies payroll noncompliance. (Please see the Department’s January 11, 2013 Statement of Executive 

Action for a more detailed response to this recommendation.)

• ETA/OFLC partially agreed with this recommendation. Using post-adjudication audits to verify foreign workers’ 

employment eligibility and reviewing other nonimmigrant documentation is beyond the Department’s H-2B statutory 

and regulatory authority. However, ETA/OFLC agreed to collaborate and share data with DHS. ETA/OFLC identified 

two recommended actions and related timeframes for completion: 

1. Convene data sharing meetings and discussions with DHS (January – March 2013); and 

2. Determine whether access to visa petition data would enhance OFLC program administration.

The Office of the Solicitor, ETA and Wage and Hour will lead this effort. (Please see the Department’s January 11, 

2013 Statement of Executive Action for a more detailed response to this recommendation.)

• ETA/OFLC agreed to initiate post-adjudication audits earlier and developed an FY 2013 goal to issue NOAE letters 120 

to 150 calendar days after the certified work start date. ETA/OFLC determined a target audit completion timeframe of 

90 to 120 days from date of NOAE issuance is feasible, rather than 70 days recommended by OIG. In addition, OFLC 

agreed to provide employers with written notification identifying specific violations(s) and the corrective action(s) that 

they should undertake. Further, ETA/OFLC identified three recommended actions and target completion dates: 

1. Develop revised audit sample selection methodology (January – February 2013); 

2. Identify audit sample (March 2013); 

3. Implement examinations through issuance of NOAE (April – May 2013). 

(Please see the Department’s January 11, 2013 Statement of Executive Action for a more detailed response to this 

recommendation.)

Additional Information: http://www.oig.dol.gov/public/reports/oa/2012/06-12-001-03-321.pdf

ETA – “H-2A Visa Program: Modernization and Improved Guidance Could Reduce Employer Application Burden,” September 2012 (GAO)

Relevance: The H-2A visa program allows U.S. employers anticipating a shortage of domestic agricultural workers to hire foreign workers on a temporary basis. State 

Workforce Agencies and three federal agencies—the Departments of Labor (DOL), Homeland Security (DHS), and State review applications for such workers. The 

Government Accountability Office (GAO) was asked to examine (1) any aspects of the H-2A application process that present challenges to agricultural employers, and (2) how 

federal agencies have addressed any employer challenges with the H-2A application process.

Findings and Recommendations: 

• Develop a method to automatically collect 

data on the reasons for deficiency notices, 

Next Steps: 

• Although the Department’s primary focus is the successful implementation of the new electronic case filing and 

processing system, the Department agreed to begin developing business requirements to formally collect and report 
Strategic Goal 1

United States Department of Labor – 42 – FY 2012 Annual Performance Report

requests for additional evidence, and 

denials, and use this information to develop 

strategies to improve the timeliness of H-2A 

application processing (as well as to 

improve external guidance and target staff 

training).

• Permit applicants to use a single application 

with staggered dates of need for employers 

who need workers at different points in the 

harvest season. Employers could still be 

required to submit recruitment evidence, but 

would not need to resubmit a full 

application for each set of workers during 

the season.

• Review and revise, as appropriate, guidance 

provided to state workforce agencies on 

methods to determine the acceptability of 

employment practices. This guidance 

should be made available to employers and 

published on the DOL website.

reasons for deficiencies, requests for additional evidence and denials in May of 2013. The Department identified five 

recommended actions and target dates for completion in response to this recommendation: 

1. Perform assessment and develop functional requirements (May to June of 2013); 

2. Develop functional system design specifications (July to August of 2013); 

3. Estimate level of effort or development costs (August of 2013); 

4. Determine resource availability, execute task order for development (September of 2013); 

5. Construct code, perform testing, and implement revised software (October to December of 2013). 

(Please see the Department’s December 18, 2012 Statement of Executive Action for a more detailed response to this 

recommendation.)

• The Department does not plan to implement this recommendation. Single applications with staggered dates of need 

would result in one recruitment period for job opportunities that may begin many weeks or months after the original date 

of need. Because this falls far short of the way in which U.S. workers seek employment, this would suppress 

applications from U.S. workers who are unable or unwilling to commit to jobs that are distant in time. As a result, 

changing the date of need for some or all workers nullifies the validity of the labor market test, which eliminates the 

Department’s basis for granting the labor certification. (Please see the December 18, 2012 Statement of Executive 

Action for a more detailed response to this recommendation.)

• The Department agreed to update State Workforce Agency guidance on methods to determine the acceptability of 

employment practices, and will began reviewing ETA Handbook No. 398 in January of 2013. (Please see the December 

18, 2012 Statement of Executive Action for a more detailed response to this recommendation.)

Additional Information: http://www.gao.gov/products/GAO-12-706
Strategic Goal 1

United States Department of Labor – 43 – FY 2012 Annual Performance Report

Outcome Goal 1.6―Foster acceptable work conditions and respect for workers’ rights in the global

economy to provide workers with a fair share of productivity and protect vulnerable people.

Analysis and Future Plans

Bureau of International Labor Affairs (ILAB)

During FY 2012, ILAB reported on the nine outcome measures established in FY 2011. ILAB met or exceeded its targets for four outcome measures 

this year, and exceeded its FY 2011 performance on another three. ILAB looks forward to data collected in FY 2013, which will enable ILAB to 

better examine trends. 

Policy

In FY 2012, ILAB met or slightly exceeded both outcome goals related to policy positions adopted by other United States Government (USG)

agencies and international organizations. ILAB’s effectiveness in advancing policies to promote employment and protect workers’ rights is reflected 

in the adoption of 24 policy positions by the USG that reflect DOL priorities. For example, for only the second time under a Free Trade Agreement, 

DOL successfully built inter-agency consensus to request Consultations under the Labor Chapter of the US- Bahrain Free Trade Agreement, and 

issued its recommendation for the request in its public report, published on December 20, 2012. In addition, DOL built inter-agency consensus to 

accept submissions under the Labor Chapter of the Central American Free Trade Agreement (CAFTA-DR) related to alleged labor violations in 

Honduras and the Dominican Republic. 

As a result of ILAB’s activities, 36 policy positions that reflect USG international labor interests and priorities were adopted by international fora and 

countries. For example, ILAB succeeded in promoting international labor standards in Colombia, where the Colombian Labor Ministry assessed 

fines up to $1,000,000 on companies in 2012. ILAB’s engagement was critical in the Korean Government’s drafting of new labor legislation to 

eliminate discrimination against “fixed term/part-time/dispatched workers” in 2012. ILAB provided substantial leadership and guidance to the 

International Labor Organization’s (ILO) Better Work program to promote improvements in the methodology for assessment and advising on factory 

conditions, particularly on issues that are difficult to monitor and remediate, such as sexual harassment, forced labor and denial of freedom of 

association.

Grant-Funded Technical Assistance – Trade Related Worker Rights

In FY 2012, ILAB funded model programs to address worker rights through technical assistance in 23 countries with which the United States has 

trade preference programs. This technical assistance entailed working closely with governments, multilateral and regional organizations, and 
Strategic Goal 1

United States Department of Labor – 44 – FY 2012 Annual Performance Report

business and workers’ organizations. ILAB supported the Todos y Todas Trabajamos project in five Central American and Caribbean countries 

which enabled 37,412 workers to better exercise their rights and/or experience improved working conditions. Under this program, these workers 

were able to resolve 3,514 cases in conciliation before the Ministries of Labor or labor courts. In its final evaluation, the project was found to have 

helped workers reclaim over $4.9 million in benefits that they were due since it the centers started operating in 2008, with over $1 million recouped 

in 2012. Over the year, ILAB’s efforts helped 84,089 workers worldwide better exercise their rights or experience better working conditions. ILAB 

provided support to improve business compliance and technical capacity of governments, and to protect worker rights, in 8 partner countries, a 

reduction from 18 in the previous year. This reflects the Bureau’s strategic decision to reduce the total number of countries with which ILAB 

engages in policy and technical cooperation, while significantly increasing the intensity and depth of those engagements.

In FY 2012, ILAB awarded approximately $6.5 million in grants to promote workers’ rights, with a more robust emphasis on strengthening trade 

unions and worker organizations in trade partner countries. New projects in FY 2012 included building capacity of worker organizations in 

Colombia, Peru and Haiti, and building capacity of labor inspectorates in Colombia and Haiti.

ILAB also continued its oversight of previously funded Better Work projects in Bangladesh, Cambodia, Haiti, Indonesia, Nicaragua and Vietnam. 

Better Work projects monitor conditions in export factories, publish the results in a transparent manner and assist suppliers to comply with labor 

standards that many buyers and customers. Under the ILAB-funded Nicaragua Better Work program, more than 28,000 workers have experienced 

improved livelihoods as a result of ILAB interventions.

Grant-Funded Technical Assistance – Child Labor

In FY 2012, ILAB continued to initiate new projects, and progressed with implementation of those initiated in FY 2011, of innovative child labor 

elimination programs to provide livelihood services to vulnerable households. In FY 2012 ILAB also continued to build upon recent efforts to build 

global capacity to combat child labor. These new directions added to the education and training services that USDOL-funded projects have long 

provided to children. Grantees in 40 countries provided services to combat child labor. This increased capacity results from actions such as adopting 

new laws and policies on child labor, implementing new social programs to address the issue, and increasing inspection and enforcement capabilities. 

ILAB met or exceeded two of its three outcome goals relating to activities performed by DOL-funded international child labor elimination projects. 

Through these projects, ILAB grantees provided education or vocational services to 100,436 children engaged in or at high risk of entering child 

labor (exceeding its target of 81,181 by 24 percent). Project activities also led to increased capacity to address child labor in 31 countries, exceeding 

ILAB’s target by over 50 percent. Instances of increased capacity included outcomes such as passage of new child labor legislation, training of labor 

inspectors and other law enforcement officials, and adoption of national action plans to eliminate child labor. Results from project activities aimed at 

improving household livelihoods fell short of the target, with projects providing livelihood services to 4,182 households, or – 33 percent below the 

target of 6,154. A few projects encountered challenges in meeting targets due to general implementation delays or issues in identifying beneficiaries 

and matching them with appropriate livelihood services. Implementation delays were most commonly encountered in projects operating in Africa, 
Strategic Goal 1

United States Department of Labor – 45 – FY 2012 Annual Performance Report

particularly in countries experiencing political instability or security issues. The shortfall in targets for particular projects reflects the uncertain 

institutional and political environments in which ILAB projects operate, rendering ILAB targets vulnerable to often unpredictable external factors 

and constraints. 

With FY 2012 funding, ILAB awarded almost $60 million in grants to address child labor in countries including Burkina Faso, Cambodia, Ecuador, 

Indonesia, Liberia, Panama, and Tanzania. ILAB also funded a project to support efforts by the governments of Brazil and Peru to combat forced 

labor, including forced child labor. ILAB also continued its detailed oversight of the substantial portfolio of ongoing ILAB-funded child labor 

elimination projects.

Monitoring and Enforcement of Labor Standards

In FY 2014, ILAB will support the Presidential and Departmental priorities of ensuring protection of worker’s rights internationally through: 

enforcement of labor commitments under U.S. Free Trade Agreements (FTAs) and Trade Preference Programs, technical assistance programs that 

monitor and inspect factory conditions in trading partner countries, and through enforcement of international labor standards, with an emphasis on 

advocacy and technical assistance to address the problem of child labor, as well as using global fora such as the G20 Labor Ministers’ process and the 

International Labor Organization (ILO) to advance policies aimed at job creation. 

In a global labor market, US workers’ livelihoods and interests can too easily be undercut by unfair labor competition. For this reason, monitoring 

workers’ rights and livelihoods globally, and enforcing international labor standards and labor provisions of US free trade agreements, is vital. 

ILAB’s key target countries in FY 2014 will include as many as feasible of the following: 15 developing countries with which the USG has existing 

FTAs (Dominican Republic, Central American countries, Colombia, Peru, Panama, Chile, Mexico, Bahrain, Oman, Morocco, and Jordan); other 

important trade partner countries such as South Korea; selected new negotiating partners such as Vietnam and Malaysia; the member states of the 

European Union; high priority trade preference countries where labor rights and conditions are a significant concern and the US possesses significant 

policy tools for engagement such as Haiti, Bangladesh and the Philippines; and countries of US foreign policy interest with significant labor issues 

and opportunities for engagement present themselves such as Egypt, India, Brazil, China, Burma and Russia.
Strategic Goal 1

United States Department of Labor – 46 – FY 2012 Annual Performance Report

DM – Improve worker rights and livelihoods for vulnerable populations

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Number of countries in 

which ILAB engages in 

policy dialogue or 

negotiation.

Target -- -- 0 116 28 30 35 ILAB maintains close 

communication with other 

USG agencies and has been 

able to shift resources to 

ensure that our bilateral 

engagement activities serve 

the overall USG foreign policy 

objectives.

Result -- -- 99 46 38 -- --

Status -- -- -- N Y -- --

Number of policy positions 

adopted by the U.S. 

government through the 

interagency process that 

reflect ILAB and DOL 

priorities

Target -- -- -- Base 24 24 24

ILAB is on target with this 

result. This reflects the 

quality and consistency of our 

policy work in this area.

Result -- -- -- 24 24 -- --

Status -- -- -- -- Y -- --

Number of policy positions 

adopted by international 

fora and countries that 

reflect ILAB and DOL 

priorities

Target -- -- -- Base 34 34 34 ILAB is on target with this 

result. This reflects the 

quality and consistency of our 

policy work in this area.

Result -- -- -- 34 36 -- --

Status -- -- -- -- Y -- --

Number of households 

receiving livelihood 

services

Target -- -- -- Base 6,154 23,068 14,991 While this was the first year 

with a large group of grantees 

providing and reporting on 

this relatively new type of 

service, several grantees met 

or exceeded their targets for 

this measure.

Some projects had challenges 

with timely identification of 

beneficiaries and matching 

them with needed livelihood 

services. In other instances, 

political instability caused 

implementation delays.

ILAB will increase its 

monitoring of grantee 

activities under this measure 

and work to identify 

implementation challenges as 

early as possible.

Result -- -- -- 1,057 4,182 -- --

Status -- -- -- -- I -- --

Number of children 

engaged in or at high-risk 

of entering the worst forms 

of child labor provided 

education or vocational 

services

Target -- -- -- Base 81,181 67,077 51,723 DOL-funded projects 

continued to provide highly 

relevant education services to 

children who otherwise would 

likely not have accessed such 

services.

Some grantees faced 

challenges in setting accurate 

beneficiary targets for this 

measure.

DOL will work with grantees 

to improve the accuracy of 

their targeting of service 

beneficiaries.

Result -- -- -- 100,006 100,436 -- --

Status -- -- -- -- Y -- --

Number of countries with 

increased capacity to 

address child labor or 

forced labor

Target -- -- -- Base 21 15 17 Through careful monitoring of 

grantee activities, DOL has 

gotten better at capturing 

achievements towards this 

measure, resulting in higher 

instances of increased 

capacity.

Result -- -- -- 22 33 -- --

Status -- -- -- -- Y -- --
Strategic Goal 1

United States Department of Labor – 47 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Number of countries in 

which worker rights and/or 

working conditions are 

improved

Target -- -- -- Base 13 15 15

All 23 garment factories in 

Haiti made improvements as a 

result of Better Work 

reporting.

Failure to meet the target 

results from the overly-broad 

definitions developed for this 

indicator. What got counted 

was inconsistent from year to 

year and across projects

ILAB is currently working 

with external consultants who 

are experts in results-based 

management and measuring 

performance to look at its 

measures and will provide 

recommendations for 

modifications.

Result -- -- -- 13 7 -- --

Status -- -- -- -- N -- --

Number of countries with 

improved capacity of the 

government and/or other 

social partners to protect 

worker rights and/or 

improve working 

conditions as a result of 

DOL interventions

Target -- -- -- Base 18 21 16 Countries interested in 

maintaining or expanding 

trade benefits with the 

U.S.(GSP benefits or signing 

an FTA)made some changes 

to their labor laws in line with 

recommendations provided by 

DOL.

Failure to meet the target 

results from the overly-broad 

definitions developed for this 

indicator. What got counted 

was inconsistent from year to 

year and across projects.

ILAB is currently working 

with external consultants who 

are experts in results-based 

management and measuring 

performance to look at its 

measures and will provide 

recommendations for 

modifications.

Result -- -- -- 18 8 -- --

Status -- -- -- -- N -- --

Number of workers better 

able to exercise their rights 

and/or that experience 

improved working 

conditions as a result of 

DOL interventions

Target -- -- -- Base 184,802 448,794 409,464 Trade union members and 

workers participated in 

Performance Improvement 

Consultative Committees 

(PICCS) under DOL-funded 

Better Work projects and 

actively addressed workplace 

challenges.

Failure to meet the targeted 

results due to a narrowing of 

previously developed overlybroad definitions for this 

indicator. What got counted 

was inconsistent from year to 

year and across projects.

ILAB is currently working 

with external consultants who 

are experts in results-based 

management and measuring 

performance to look at its 

measures and will provide 

recommendations for 

modifications.

Result -- -- -- 59,860 84,089 -- --

Status -- -- -- -- I -- --

Number of workers with 

improved livelihoods as a 

result of DOL interventions

Target -- -- -- Base 46,000 16,400 20,800

In Vietnam 3,000 additional 

workers were covered by a 

multi-employer collective 

bargaining agreement that was 

expanded to cover them.

Failure to meet the targeted 

results due to a narrowing of 

previously developed overlybroad definitions for this 

indicator. What got counted 

was inconsistent from year to 

year and across projects.

ILAB is currently working 

with external consultants who 

are experts in results-based 

management and measuring 

performance to look at its 

measures and will provide 

recommendations for 

modifications.

Result -- -- -- 4,783 28,963 -- --

Status -- -- -- -- I -- --

Sources: Grantee Technical Progress Reports, Project Monitoring and Internal Records

Notes:

Program Evaluations

There were no relevant independent evaluations completed in FY 2012.
United States Department of Labor – 48 – FY 2012 Annual Performance Report

Strategic Goal 2: Ensure workplaces are safe and healthy

Outcome Goal 2.1―Secure safe and healthy workplaces, particularly in high-risk industries

Analysis and Future Plans

Occupational Safety and Health Administration

In FY 2012, OSHA reached all four targets for DOL Priority Goals to reduce worker fatalities and to reduce lost time injuries and illnesses for federal 

workers. For the other four (hazard abatement) measures, methodology has changed since last year; results based on the old method are provided in 

the Measures Discontinued section. OSHA is working with the data to develop FY 2014 targets.

In FY 2013, OSHA will focus on continuing to use enforcement, regulation, compliance assistance, and outreach to meet the agency’s priorities of 

reducing workplace injuries, illnesses, and fatalities. It is physically impossible for OSHA compliance officers to inspect every workplace every year. 

OSHA will therefore focus on prioritizing those issues and areas with the greatest impact from resources invested. 

In the enforcement arena, OSHA will concentrate on the identification, creation, and implementation of inspection-emphasis programs that address 

the most debilitating injuries and the most high-hazard workplaces. New Local and National Emphasis Programs (LEPs and NEPs) that addressed 

significant occupational safety or health risk to workers in the construction industry were a feature of OSHA activities in FY2012 and will continue 

to be developed in FY2013. Another example was a noise NEP developed after reviewing best practices for noise reduction in the workplace, 

personal protective equipment, hearing conservation programs, and engineering controls feedback gathered during the Noise Stakeholder Meeting. 

New programs dealing with isocyanates and nursing/residential care facilities are examples of programs begun in FY2012 and being prepared for 

roll-out in FY2013. Other areas identified from complaints, incidents, and professional journals will serve as a basis for new initiatives in FY2013. 

NEPs historically have been critical in supporting the Secretary’s goal of securing safe and healthy workplaces and in reducing fatalities associated 

with the leading causes of death. 

OSHA uses its Site Specific Targeting (SST) program to target high-hazard workplaces for unannounced inspections, and its Severe Violators 

Enforcement Program (SVEP) to focus its enforcement efforts on significant hazards and violations. By concentrating on uncovering systemic 

problems, whether in multiple worksites owned by the same employer or across entire industries, OSHA will be able to magnify its effectiveness. 

Rooting out systemic problems can eventually make a huge difference in the lives of tens of thousands of workers.
Strategic Goal 2

United States Department of Labor – 49 – FY 2012 Annual Performance Report

OSHA will face greater than normal challenges in FY2013 as it balances its obligations to the safety and health of the working public with the 

limitations imposed on it due to budgetary issues. Strategic leveraging of resources through the careful apportioning of personnel and the targeting of 

employers and industries where workers are in the most danger of getting hurt, sick or killed by occupational hazards will be crucial to accomplishing 

OSHA’s mission and continuing to reach performance indicator targets.

OSHA – Improve workplace safety and health through the enforcement of occupational safety and health regulations and standards

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Rate of construction 

fatalities associated with 

the four leading causes of 

workplace death - falls, 

electrocution, caught 

in/between and struck by.

Target -- -- -- 8.8 8.7 8.6 8.6 From 2006 to 2011 the 

construction fatality rate 

declined 18%, a significant 

decrease that may be partly 

explained by OSHA’s 

increased emphasis, such as a 

fall prevention campaign 

initiated in 2012.

To address the rise/plateau of 

fatality rates 2010-12, as 

construction industry 

rebounded, OSHA will 

continue focusing on 

enforcement and outreach with 

an emphasis on training to 

reduce fatalities.

Result 9.6 8.2 7.9 8.5 8.5 -- --

Status -- -- -- Y Y -- --

Rate of general industry 

fatalities associated with 

the four leading causes of 

workplace death- falls, 

electrocutions, caught in or 

between, and struck by

Target -- -- -- 1.0 1.0 0.9 0.9 From 2006 to 2011 the 

construction fatality rate 

declined 18%, a significant 

decrease that may be partly 

explained by OSHA’s 

increased emphasis, such as a 

fall prevention campaign 

initiated in 2012.

To address the rise/plateau of 

fatality rates 2010-12, as 

construction industry 

rebounded, OSHA will 

continue focusing on 

enforcement and outreach with 

an emphasis on training to 

reduce fatalities.

Result 1.1 0.9 1.0 1.0 0.9 -- --

Status -- -- -- Y Y -- --

Federal Agency total case 

rate for injuries and 

illnesses

Target -- -- 3.10 3.09 2.75 2.63 2.70 OSHA’s targeting of TCR in 

2010 contributed to a steep 

drop from 2010 to 11. Efforts 

to measure and benchmark 

this area of performance has 

been successful in improving 

federal worker safety.

Under POWER, federal 

agencies are required to 

maintain TCR at least 1% 

below their prior year's rate. 

This focus on continuous 

improvement will reduce 

injuries and illnesses.

Result 3.37 3.22 3.08 2.78 2.66 -- --

Status -- -- Y Y Y -- --

Federal Agency lost time 

case rate for injuries and 

illnesses

Target -- -- 1.42 1.42 1.32 1.29 1.29 The trend since 2008 has been 

a decrease in LTCs, but the 

size of the decline from 2010-

11 suggests that targeting and 

focusing on this metric 

improved the safety and health 

of federal workers.

Under POWER, federal 

agencies are required to 

maintain LTC rates at least 1% 

below their prior year's rate. 

This focus on continuous 

improvement will reduce 

injuries and illnesses and lost

time.

Result 1.57 1.48 1.44 1.33 1.30 -- --

Status -- -- I Y Y -- --
Strategic Goal 2

United States Department of Labor – 50 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Number of hazards abated 

associated with hearing loss 

in construction and 

manufacturing

Target -- -- -- -- -- -- TBD

Result -- -- -- -- -- -- --

Status -- -- -- -- -- -- --

Number of hazards abated 

associated with illness in 

construction and general 

industry

Target -- -- -- -- -- -- TBD

Result -- -- -- -- -- -- --

Status -- -- -- -- -- -- --

Number of hazards abated 

associated with amputations

Target -- -- -- -- -- -- TBD

Result -- -- -- -- -- -- --

Status -- -- -- -- -- -- --

Total number of employee 

exposures to workplace 

hazards abated through 

inspections.

Target -- -- -- -- -- -- TBD

Result -- -- -- -- -- -- --

Status -- -- -- -- -- -- --

Sources: OIS, OPM, OWCP, BLS-CES, CEO, IMIS

Notes:

Mine Safety and Health Administration 

In FY 2012, MSHA achieved its DOL Priority Goal to reduce mining fatalities. The five-year rolling average of fatal injuries per 200,000 

hours worked fell by eight percent, exceeding the target of 5 percent. Mining fatality and injury rates fell to an all-time low in 2011. The fatal 

injury rate for mining as a whole was 0.0114 per 200,000 hours worked, and the all-injury rate was 2.73 per 200,000 hours worked, down from 

0.0234 and 2.81, respectively, in 2010. A preliminary review of data for FY 2012 indicates that final figures for FY 2012 will show a continuing 

downward trend in both fatal and non-fatal injuries in mining. In the year ahead, MSHA will continue to develop and implement new ways to make 

enforcement more effective, less predictable, and more strategic, with the goal of continuing this positive trend. In 2012, 35 miners died in workrelated accidents at the nation's mines. There were 19 coal mining and 16 metal/nonmetal mining fatalities last year – the lowest number of mining 

deaths since statistics were first recorded in 1910. Of the 35 fatalities reported, 4 occurred at surface coal mines, 12 at surface metal/nonmetal mines, 

15 at underground coal mines and 4 at underground metal/nonmetal mines.

Mining deaths are preventable. In order to prevent mine deaths, operators must have in place effective safety and health management programs that 

are constantly evaluated, find-and-fix programs to identify and eliminate mine hazards, and training for all mining personnel. MSHA has undertaken 

a number of measures to prevent mining deaths: increased monitoring and strategic enforcement through impact inspections at mines with troubling 

compliance histories; instituted a more robust Pattern of Violations (POV) program; special initiatives such as "Rules to Live By," which focuses 
Strategic Goal 2

United States Department of Labor – 51 – FY 2012 Annual Performance Report

attention on the most common causes of mining deaths; and outreach efforts such as "Safety Pro in a Box," which provides guidance to the 

metal/nonmetal mining industry on best practices and compliance responsibilities. These efforts will continue in FY 2013. 

In FY 2012, MSHA expanded the Rules to Live By initiatives by implementing the ‘Rules to Live By III – Common Mining Deaths,’ which 

highlights eight coal and six metal and nonmetal standards cited as a result of at least five mining accidents and resulting in at least five fatalities 

during the 10-year period from January 1, 2001, to December 31, 2010. 

An analysis of accident reports and enforcement data for underground coal mines led MSHA to determine that the same types of violations of health 

or safety standards are found by MSHA inspectors in underground coal mines every year, and that these violations present some of the most unsafe 

conditions for coal miners. These repeated violations expose miners to unnecessary safety and health risks that should be found and corrected by 

mine operators. In April 2012, MSHA published a final rule to address examinations of work areas in underground coal mines. Section 303(d) of the 

Mine Act requires operators to conduct examinations for violations of mandatory health or safety standard in areas where miners work or travel. The 

rule will increase the identification and correction of unsafe conditions in mines earlier, removing many of the conditions that could lead to danger, 

and improve protection for miners in underground coal mines.

MSHA’s potential pattern of violations (PPOV) process focused on chronic violators that have failed to improve compliance in response to increased 

inspections and other enforcement actions. In FY 2012, MSHA published a proposed rule to revise the existing regulation for POV. MSHA 

determined that the existing regulation did not adequately achieve the intent of the Mine Act, and that the POV provision should be used to address 

operators who have demonstrated a disregard for the safety and health of miners. The new rule will simplify the existing POV criteria, improve 

consistency in applying the POV criteria, and more adequately achieve the statutory intent. It would also encourage chronic violators to comply with 

the Mine Act and MSHA’s safety and health standards. 

MSHA met its FY 2012 target to survey 100 percent of coal mines for noise. MSHA continued to work with National Institute for Occupation Safety 

and Health (NIOSH) to require the implementation of proven noise controls in areas where the Agency determined that miners were exposed to 

excessive noise concentrations. 

MSHA met its FY 2012 target to survey 100 percent of coal mines for respirable dust each quarter. The average concentration of dust in 

underground coal mines fell to all-time low in FY 2011 at 0.73; the lowest ever recorded in the history of dust sampling. MSHA continued its 

emphasis through the following: required mine operators to implement dust control parameters proven to be effective in controlling respirable dust; 

enhanced enforcement with emphasis on operator compliance with the approved dust control parameters at targeted mines by MSHA’s Special Dust 

Emphasis teams and by individual districts; trained enforcement personnel and meetings with mine operators on lessons learned from the special 

inspections conducted by the national Special Dust Emphasis Teams to stress the importance of maintaining dust control parameters on a daily basis, 

and worked with NIOSH to jointly evaluate the use of supplemental dust scrubbers as a means of respirable dust control in various mining systems. 
Strategic Goal 2

United States Department of Labor – 52 – FY 2012 Annual Performance Report

MSHA met its FY 2012 target to increase the percent of Metal and Nonmetal mines conducting their sampling. For FY 2012, our goal was to 

demonstrate that 34 percent of MNM mine operators are conducting their own surveys/samples for airborne contaminants (focusing on silica dust) 

and noise. We know that effective surveys and sampling focus attention on the need to reduce exposures to noise and dust, as well as other air 

contaminants. To demonstrate this, MSHA required the MNM Districts to conduct health enforcement at 20 percent of their mines in each of the 

next five years. The assumption is that 85 percent of those mines (34 percent of all mines) will be doing their own surveying. Over the five-year 

period beginning in FY 2011, we expect Districts to conduct noise and dust sampling at an additional 20 percent of their mines annually. Over each 

of the next three years, we will move steadily toward a five-year goal of 85 percent of MNM mine operators that will be conducting their own 

surveys. Districts are already conducting noise surveys and compliance with sampling requirements under the noise standard will be easy to 

determine. The implementation of the enhanced enforcement initiative will facilitate assessing survey requirements for dust with respect to 30 CFR 

56/57.5002 - the metal and nonmetal regulations pertaining to exposure monitoring. At the end of FY 2012, MSHA collected data from each District 

and calculated the overall statistic to arrive at the annual result. Based on the quantitative analysis, MSHA determined that 48 percent of mines are 

conducting their own sampling, thereby exceeding the annual target by 41 percent.

MSHA met its FY 2012 target to increase the percent of Metal and Nonmetal mines receiving comprehensive noise inspections. Twenty-one percent 

of the metal and nonmetal mines inspected during the second half of the fiscal year included monitoring for noise overexposure, more than double the 

fourth quarter of 2011 target. In FY 2012, MSHA sampled 31 percent of MNM mines for noise, thereby exceeding the annual target by 55 percent. 

MSHA is currently updating policies and procedures and developing inspector refresher training. MSHA is also planning a stakeholder meeting to 

discuss noise hazards in MNM mines as well as MSHA expectations with respect to compliance with the noise standard. MSHA has analyzed 

inspection data from 2007 to present and will provide information to the Districts to facilitate their planning for inspections. This information 

includes noise distribution by mine, by equipment/task, and by commodity. MSHA is also collecting and analyzing information regarding hearing 

loss reported under Part 50 reporting requirements.

MSHA – Prevent death, disease, and injury from mining and promote safe and healthful workplaces for the Nation's miners

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Five-year rolling average of 

fatal injuries per 200,000 

hours worked (All MSHA 

Rate)

Target -- -- 0.0171 0.0178 0.0156 0.0143 TBD Rules to Live By initiative, 

increased inspector presence, 

targeted enforcement 

activities.

Mine operators failed to 

comply with MSHA standards. 

Enforcement tools not 

adequate to address chronic

violators.

Enhance the inspector training 

programs and improve the 

Pattern of Violation process.

Result -- -- 0.0187 0.0164 0.0150 -- --

Status -- -- -- Y Y -- --

Percent of coal mines 

surveyed for respirable dust 

in conjunction with regular 

mandated inspections

Target -- -- -- -- 100% 100% 100%

Result -- -- -- -- 100% -- --

Status -- -- -- -- Y -- --
Strategic Goal 2

United States Department of Labor – 53 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percent of coal mines 

surveyed for noise 

according to published 

inspection procedures

Target -- -- -- -- 100% 100% 100%

Result -- -- -- -- 100% -- --

Status -- -- -- -- Y -- --

Percent of Metal and 

Nonmetal mines conducting 

their own dust, gas, mist, 

and fume surveys

Target -- -- -- -- 34% 51% 68% Developed clear policies and 

procedures for performancebased standards, i.e. 30 CFR 

Part 56/57.5002. Provided 

additional training for 

inspectors to ensure consistent 

enforcement practices.

Some standards do not require 

operators to conduct sampling; 

therefore conducting sampling 

is a best practice and not a 

requirement.

Development of performance 

goals that allow MSHA to 

evaluate its performance and 

not that of the industry, i.e. 

develop a goal that MSHA 

will conduct consistent 

enforcement of health 

standards.

Result -- -- -- -- 48% -- --

Status -- -- -- -- Y -- --

Percent of Metal and 

Nonmetal mines receiving 

comprehensive noise 

inspections

Target -- -- -- -- 20% 20% 20%

Result -- -- -- -- 31% -- --

Status -- -- -- -- Y -- --

Five-year rolling average of 

fatal injuries per 200,000 

hours worked (MNM's 

Rate)

Target -- -- -- -- 0.0106 TBD TBD

Result -- -- -- -- 0.0103 -- --

Status -- -- -- -- Y -- --

Five-year rolling average of 

fatal injuries per 200,000 

hours worked (Coal's Rate)

Target -- -- -- -- 0.0234 TBD TBD

Result -- -- -- -- 0.0223 -- --

Status -- -- -- -- Y -- --

Sources: Injury data – Mine operators' and non-exempt contractors' Mine Accident, Injury, and Employment reports and MSHA's Standardized Information System. Noise data -

MSHA Form 2000-84 and MSHA's Standardized Information System.

Notes: MSHA’s fatality rate reflects the number of fatalities per 200,000 hours worked during the prior five-year period - FY 2013 result is required to calculate the five-year 

average in FY 2014.

Program Evaluations

Independent evaluations completed in FY 2012 are summarized below.

OSHA – “The Evaluation of the Occupational Safety and Health Administration Site Specific Targeting Program White Paper – OSHA SST Program FY 2011,”

September 14, 2012 (Impaq International)

Relevance: The evaluation is assessing the impact of OSHA’s Site Specific Targeting (SST) Program on employer compliance with workplace safety and health standards.
Strategic Goal 2

United States Department of Labor – 54 – FY 2012 Annual Performance Report

Findings and Recommendations: 

• Interim results on the first year of the evaluation indicated that many of the firms in the 

high rate sample had OSHA violations in the past. In addition, baseline equivalence 

was established for the treatment and control groups in the study.

Next Steps: 

• None

Additional Information: The report is available at: http://www.dol.gov/asp/evaluation/AllStudies.htm

MSHA – “MSHA's Oversight of Mine Operators' Training Plans was Adequate,” September 28, 2012 (OIG)

Relevance: The purpose of the Mine Safety and Health Administration (MSHA) is to prevent death, disease, and injury from mining and to promote safe and healthful 

workplaces for the Nation's miners. To assist in achieving this purpose, MSHA reviews, approves, and monitors health and safety training plans as required by Section 115A of 

the Federal Mine Safety and Health Act of 1977 (Mine Act). Two program areas within MSHA — Coal Mine Safety and Health and Metal and Nonmetal Mine Safety and 

Health — are responsible for enforcing the Mine Act at all mining operations in the United States. This includes reviewing, approving, and monitoring training plans submitted 

by mine operators and contractors. The Office of Inspector General (OIG) conducted this audit to determine whether MSHA reviewed, approved, and monitored mine 

operators’ training plans as required.

Findings and Recommendations: 

• MSHA timely reviewed, approved, and monitored mine operators’ required training 

plans. The OIG also found MSHA’s policies and procedures regarding the review, 

approval, and monitoring of training plans complied with federal laws and regulations. 

There were no recommendations as a result of this audit.

Next Steps: 

• No Action Planned

Additional Information: http://www.oig.dol.gov/public/reports/oa/2012/05-12-003-06-001.pdf
United States Department of Labor – 55 – FY 2012 Annual Performance Report

Strategic Goal 3: Assure fair and high quality work-life environments

Outcome Goal 3.1―Break down barriers to fair and diverse workplaces so that every worker’s

contribution is respected.

Analysis and Future Plans

Office of Federal Contractor Compliance Programs (OFCCP)

In FY 2012 OFCCP continued its commitment to an aggressive posture of Active Case Enforcement that supports the agency’s three main strategies 

of effective enforcement, outreach to workers, and regulatory reform. To capture activities in support of these strategies, OFCCP increased the 

number of Operating Plan performance measures from six in FY 2011 to 19 in FY 2012 and collected data on additional measures to be reported in 

FY 2013. 

OFCCP initiated a strategic approach to balancing quantity and quality in FY 2012, and results show that the agency is working towards finding this 

balance. OFCCP initiated its comprehensive strategy in FY 2011 by laying the foundation for embedding sustainable organizational change through 

the initiation of comprehensive regulatory reform, expanded scope of enforcement, unprecedented outreach to workers and vulnerable populations, 

redesign of quality assurance monitoring, on-boarding and training of hundreds of new compliance officers, and structural reorganization across the 

agency at many levels.

Enforcement – The FY 2012 enforcement targets were set at levels that would enable compliance officers to balance quantity and quality by 

maintaining an aggressive audit posture while enforcing disciplined case management that reduces the number of aged cases, resulting in fewer case 

closures with deficiencies and promoting effective enforcement through case triaging. Balancing quantity and quality was a major operational shift 

and cultural change for the organization that can only be fully realized over time.

Outreach/Education – As emphasized in FY 2011, Regions are shifting outreach efforts and resources to target community-based organizations that 

reach vulnerable workers most at risk of discrimination. Again, in FY 2012, OFCCP significantly changed how outreach is conducted and tasked the 

Regional offices with developing regional outreach strategic plans and assessments of relationships with worker-focused community-based 

organizations. OFCCP also will evaluate event quality moving forward and modify outreach efforts accordingly.
Strategic Goal 3

United States Department of Labor – 56 – FY 2012 Annual Performance Report

Regulatory Agenda – OFCCP continues to actively pursue its regulatory agenda and made significant progress during FY 2012. During this FY the 

agency published the Section 503 Notice of Proposed Rulemaking (NPRM), drafted a Final Rule for Vietnam Era Veterans’ Readjustment Assistance 

Act (VEVRAA), and submitted the Construction NPRM for OMB’s review before it is formally submitted to OIRA. Additionally, OFCCP’s final 

rescission of the Interpretative Standards and the Voluntary Guidelines entered Departmental clearance, and the NPRM for the compensation data 

collection tool is expected to enter Departmental clearance this FY. The regulatory “look back” of OFCCP’s gender discrimination guidelines is 

concluded, and an NPRM for gender discrimination also should enter Departmental clearance later in the fiscal year. Finally, the agency’s

rulemaking will be complemented by new directives, and the revision and rescission of obsolete directives.

OFCCP – Ensure diversity and fairness in federal contractor workplaces

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Total Number of 

Compliance Evaluations 

Completed

Target -- -- 5,000 3,500 3,980[r] 4,400[r] 4,650 OFCCP adopted a disciplined 

case management strategy to 

encourage increased 

production while improving 

case quality. This strategy was 

repeatedly communicated to 

the field.

Result 4,325 3,914 4,960 4,013 4,007 -- --

Status -- -- I Y Y -- --

Number of Supply and 

Service Evaluations 

Completed

Target -- -- -- 3,225 3,500 4,000 -- OFCCP adopted a disciplined 

case management strategy to 

encourage increased 

production while improving 

case quality. This strategy 

was repeatedly communicated 

to the field.

Result 4,129 3,679 4,445 3,382 3,447 -- --

Status -- -- -- Y I -- --

Number of FAAP Supply 

and Service Evaluations 

Completed

Target -- -- -- 80 80 100 100 There was poor balance 

between field and national 

office FAAP case processing.

OFCCP will increase the 

percentage of FAAP cases 

handled by field staff.

Result 66 59 26 82 59 -- --

Status -- -- -- Y N -- --

Number of Construction 

Evaluations Completed

Target -- -- -- 275 400 400 450 In FY 2012, OFCCP 

processed more smaller 

construction evaluations, 

which took less time resulting 

in the target for this measure 

being significantly exceeded.

OFCCP will continue efforts 

to better balance the 

processing of smaller 

construction evaluations with 

non-highway/first-time 

review/>15 employee case 

construction evaluations.

Result 204 238 515 550 511 -- --

Status -- -- -- Y Y -- --

Percent of Pay 

Discrimination NOVs with 

Systemic Findings

Target -- -- -- -- Base TBD --

Result -- -- -- -- 28% -- -- baselining

Status -- -- -- -- -- -- --
Strategic Goal 3

United States Department of Labor – 57 – FY 2012 Annual Performance Report

Sources: OFEIS system data.

Notes:

Women’s Bureau

In FY 2012, the Women’s Bureau (Bureau) published three outreach tools: A Guide to Women’s Equal Pay Rights, An Employer’s Guide to Equal 

Pay, and a series of fact sheets developed with the Bureau of Labor Statistics. The Bureau worked with more than 141 collaborators across the 

country to conduct outreach, provide public education and disseminate its resources. 

The Bureau also developed an online curriculum to accompany its publication Trauma-Informed Care for Women Veterans Experiencing 

Homelessness: A Guide for Service Providers. Both tools were used to provide technical assistance to more than 355 collaborators including 

workforce development professionals, DOL sister agencies, social service providers, and faith-based and other neighborhood partnership 

organizations. In addition, the Bureau an online curriculum to accompany its publication Why Green Is your Color: A Woman’s Guide to a 

Sustainable Career. The Bureau provided technical assistance to 335 collaborating organizations. Both tools were used with workforce 

development professionals, community colleges, and women’s organizations to provide information on the range of green jobs, education and job 

training opportunities.

The Bureau, in collaboration with the Office of the Chief Evaluator, commissioned a study to be done on the Workforce Investment Act, (WIA) 

program. The purpose of the study was to analyze administrative data to find how women are served by the WIA Adult and Dislocated Worker 

Programs

Lastly, the Bureau worked with more than 80 collaborators including, employers, colleges and universities, advocacy organizations, and DOL 

agencies to expand knowledge and promote workplace policies and programs. 

DM – Break down barriers to fair and diverse workplaces to narrow wage and income inequality for women.

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Number of technical 

assistance hours provided 

(aggregate)

Target -- -- -- -- 2,664 2,400 1,612 As the year progressed the 

Technical Assistance Hours 

improved.

WB provided additional 

training to staff on technical 

assistance that improved the 

process.

Technical Assistance plans 

have been created to ensure 

targets are met.

Result -- -- -- -- 2,626 -- --

Status -- -- -- -- -- -- --

Percent of active 

collaborators who 

implement recommended 

policies/strategies 

(aggregate)

Target -- -- -- -- -- Base TBD

Result -- -- -- -- -- -- --

Status -- -- -- -- -- -- --

Sources: WB tracks information using quarterly WB Productivity Reports.
Strategic Goal 3

United States Department of Labor – 58 – FY 2012 Annual Performance Report

Notes:

Office of Disability Employment Policy

Through investments in its Technical Assistance Centers and projects that develop and evaluate promising strategies and practices, ODEP seeks to 

change the systems that impact the employment of people with disabilities. To this end, ODEP implemented initiatives which increased the capacity 

of states to implement Employment First; provided information and training to change the perceptions of employers regarding hiring people with 

disabilities; and, in partnership with the Employment and Training Administration, the Disability Employment Initiative implements strategies 

designed to increase access to and use of American Job Center services by all customers, including those with disabilities.

ODEP exceeded each of its three performance targets for FY 2012.

ODEP – Reduce barriers to fair and diverse workplaces for workers with disabilities.

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Policy Outputs

Target -- 18 32 41 35 47 55 ODEP's ongoing partnership 

with the Employment and 

Training Administration and 

its implementation of the 

Employment First Leadership 

State mentoring program were 

a source for increased 

productivity.

ODEP anticipated that its 

evaluation projects would be a 

greater source of policy 

outputs. However, the data 

indicate that they produced far 

more effective practices.

Result 44 39 35 42 39 -- --

Status -- Y Y Y Y -- --

Formal Agreements

Target -- 13 22 27 29 29 35

ODEP's technical assistance 

centers served as the greatest 

source of formal agreements.

Often ODEP can realize its 

policy goals without formal 

agreements. ODEP has 

balanced this with the creation 

of a collaboration measure to 

measure its informal 

partnerships.

Result 36 17 30 30 30 -- --

Status -- Y Y Y Y -- --

Effective Practices

Target -- 15 23 24 85 100 120 ODEP's Technical Assistance 

Centers were the single largest 

producer of effective 

practices.

ODEP is working more 

closely with its Technical 

Assistance Centers to ensure 

its targets are realistic and 

ambitious.

Result 27 15 23 44 131 -- --

Status -- Y Y Y Y -- --

Sources: Data collected through ODEP's Data Management System.

Notes:

Program Evaluations

There were no relevant independent evaluations completed in FY 2012.
Strategic Goal 3

United States Department of Labor – 59 – FY 2012 Annual Performance Report

Outcome Goal 3.2―Provide workplace flexibility for family and personal care-giving.

Analysis and Future Plans

Wage and Hour Division

In FY 2012, WHD resolved 76.45 percent of its FMLA investigations within the fiscal year. Timely resolution of FMLA complaints is particularly 

critical for those complainants that have been terminated from their job or are at risk of termination or retaliation. In FY 2012, WHD reengineered its 

FMLA enforcement policies to ensure a more comprehensive approach to compliance, guided by the results of the FY 2011 FMLA customer service 

survey. WHD continued its work with the Chief Evaluation Officer on the ongoing survey of FMLA leave needs and usage, the results of which will 

help WHD better assess its regulatory priorities and establish measures for determining compliance with the law. WHD also proposed new FMLA 

regulations to implement changes in the statute related to military leave and flight attendants. In FY 2013, WHD is implementing an enforcement 

strategy that will expand WHD’s responses to FMLA complaints including more on-site investigations and policy reviews. These efforts will be 

balanced against timely resolution of complaints. 

WHD – Promote flexible workplace policies through enforcement of the Family Medical Leave Act (FMLA)

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percent of FMLA incoming 

complaints resolved within 

the fiscal year

Target -- -- 74.00% 74.00% 75.00% 77.00% 78.00% Issued plain language FMLA 

guide; developed strategic 

enforcement strategy; issued 

plain language policy 

guidance; analyzed results of 

the FMLA surveys; developed 

military family and flight crew 

regulations.

Strategic enforcement 

implementation requires 

changes to Wage Hour 

Investigator Support and 

Reporting Database 

(WHISARD) and changes to 

implementation in the field.

Result 76.71% 64.90% 62.24% 74.00% 76.47% -- --

Status -- -- N Y Y -- --

Sources: WHISARD

Notes:

Program Evaluations

There were no relevant independent evaluations completed in FY 2012.
Strategic Goal 3

United States Department of Labor – 60 – FY 2012 Annual Performance Report

Outcome Goal 3.3―Ensure worker voice in the workplace

Analysis and Future Plans

Office of Labor-Management Standards

In FY 2008, OLMS established baselines for its three priority measures: the elapsed number of days to resolve union officer election complaints, the 

percent of electronically filed reports, and the percent of targeted audits that result in criminal cases. These measures and their targets were 

established to promote OLMS effectiveness and efficiency, and to increase union financial integrity, democracy, and labor-management 

transparency. These are major tenets of the Department’s goal to Ensure Worker Voice in the Workplace.

The increased complexity of union financial transactions continues to be a major challenge. By identifying anomalies in union financial reports and 

using other targeting measures, OLMS strives to more effectively identify unions where criminal activity may be present. OLMS has become more 

successful in this area, exceeding its financial integrity performance goal for three consecutive years – culminating with a “fallout” rate of 13.81 

percent in FY 2012. Although this result was a small decrease from the FY 2011 result of 14.80 percent, OLMS still exceeded the annual target of 

13.75 percent. Fallouts occur when OLMS performs compliance audits of unions and discover possible criminal activity that results in the opening 

of a criminal investigation. As a means to continue this improvement, OLMS established a work group that identified targeting methods and “red 

flags” that may indicate criminal activity. By instituting risk-based audit targeting models, fewer audits can be undertaken while maintaining a level 

number of criminal cases (and also increasing the percentage of audits that result in the opening of a criminal case). 

OLMS has invested in new technology to facilitate the electronic filing of union financial reports. During FY 2010, OLMS implemented a new, webbased system for the electronic filing of Form LM-2 union annual reports, similar to the systems OLMS previously implemented for its Form LM-3 

and LM-4 union filers. In FY 2012, the availability of electronic Forms LM-2, LM-3, and LM-4 coupled with outreach efforts coordinated through 

OLMS’ district offices, resulted in OLMS exceeding its annual goal – as 37.8 percent of all files were returned electronically. In January 2013, 

OLMS made the Form LM-30 available as an electronic form; this extends the availability of electronic filing to an additional 1,000 filers. 

In passing the Labor-Management Reporting and Disclosure Act (LMRDA) in 1959, Congress established a 60-day deadline for court filing of an 

election complaint. Quicker resolution of election complaints ensures quicker restoration of democratic voice and a democratically operated union. 

In FY 2008, OLMS began tracking elapsed days, with 92 elapsed days as the baseline. OLMS has improved on this result in each subsequent year. 

In FY 2012, OLMS reduced the days elapsed per case to 71 days against a target of 76 days. OLMS continues to examine new methods for reducing 
Strategic Goal 3

United States Department of Labor – 61 – FY 2012 Annual Performance Report

its elapsed days further. In FY 2012, both the team-based approach for handling election cases and early Office of the Solicitor involvement in cases 

that may result in litigation aided in reducing the days elapsed per case. 

In FY 2011, OLMS began tracking three additional measures. For these three measures, OLMS intends to reduce the number of chronically 

delinquent filers of labor organization financial reports, increase the number of LM-10 and LM-20 persuader reports filed, and increase its web site 

satisfaction index score. Baselines for these measures were established in FY 2010 and as such, FY 2011 was the first year comparative results were 

reported. 

In FY 2010, OLMS determined there were 2,070 chronically delinquent filers, unions that have not filed a required financial report on time each of 

the past three years. Because timely filing is a basic tenet of financial transparency, OLMS determined that reducing the number of these chronically 

delinquent unions was important to this goal. For FY 2012, OLMS established a target of 1,870 chronically delinquent. OLMS exceeded this target, 

ending the year with 1,711 chronically delinquent filers. For FY 2013, OLMS will expand its efforts to reduce this number by identifying, in a more 

timely manner, those unions that were reported as chronically delinquent in FY 2012, and, in addition, those unions that have been delinquent the 

past two filings (one year short of meeting the definition of chronically delinquent). OLMS will target these “at-risk” unions in FY 2013 and offer 

compliance assistance to these and existing chronically delinquent filers in an effort to avoid another untimely filing. OLMS also believes outreach 

will positively impact electronic filing, as OLMS will urge these delinquent unions to use the electronic filing system. In FY 2013-14, OLMS will 

undergo an evaluation of its targeting efforts, with the goal of measuring responses to different outreach efforts.

Under the LMRDA, companies and outside agents/consultants are required to file an LM-10 or LM-20 when they arrange for services that are 

designed to influence or persuade employees in a union representation election. For FY 2011, OLMS established a goal of obtaining 545 persuader 

reports – efforts to obtain these reports generated 692 reports, many of which were submitted for prior years. For FY 2012, OLMS had a goal of 615 

reports. OLMS efforts resulted in the submission of 890 LM-10 and LM-20 persuader reports – 198 above the target for this measure. As in FY 

2011, many of the FY 2012 submissions were delinquent reports for past years from filers who were unaware that these reports were required. 

OLMS expects that in time, most delinquent reports will be filed and subsequent filings will be for the current year only. Should this occur, OLMS 

would expect that the number of filings will level off. One major effort under this initiative is to cross-match LM-10 and LM-20 reports – since both 

the company and the persuader are required to file a report for the same set of services. A secondary effort is an educational effort that informs

potential filers as to the requirements under the LMRDA.

The final measure is customer satisfaction with the OLMS web site. OLMS established an index baseline of 58 in FY 2010 and a goal to increase the 

index score to 60 in FY 2012. This goal was exceeded as the OLMS customer satisfaction index score in FY 2012 was 64. OLMS will continue to 

analyze the customer satisfaction surveys to identify areas where improvements to the web site can be implemented, improvements expected to 

increase the customer satisfaction score.
Strategic Goal 3

United States Department of Labor – 62 – FY 2012 Annual Performance Report

OLMS – Ensure union financial integrity, democracy, and transparency 

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Number of LM-10 and LM20 reports filed on 

employer-consultant 

persuader agreements

Target -- -- -- 545.00[p] 615.00[p] 690.00[p] 765.00[p] OLMS used a system of crosschecking LM-10/20 reports to 

target non-filers, and 

identified and sought required 

reports from the subconsultant persuaders of the 

largest consultant persuaders.

A planned upgrade to the 

OLMS e.LORS system was 

postponed. This upgrade 

would have automated the 

cross-match program, 

providing increased efficiency 

in identifying missing reports.

OLMS will conduct mailings 

and follow up with compliance 

assistance calls. Consultant 

persuaders will be asked to 

assist in obtaining compliance 

from delinquent subconsultant persuaders.

Result -- -- -- 648.00 850.00 -- --

Status -- -- -- -- -- -- --

Percent of disclosure 

reports filed electronically

Target -- -- -- 24.5% 30.5% 34.5% 38.5% 2012 was the first year that 

LM-3/4 filers had access to 

the Electronic Forms System 

(EFS). This access, coupled 

with effective compliance 

assistance/outreach efforts, 

increased the number of filers.

OLMS efforts continue to be 

restricted by an aging legacy 

system. At present, only four 

forms (LM-2, LM-3, LM-4, 

and the LM-30) can be filed 

electronically.

OLMS will increase outreach 

efforts to LM-30 filers who 

gained access to electronic 

filing in January, 2013 and 

work on the implementation of 

electronic filing for LM-10 

and LM-20 filers.

Result -- -- -- 21.4% 37.8% -- --

Status -- -- -- -- Y -- --

Number of chronically 

delinquent filers of labor 

organization financial 

reports

Target -- -- -- 1,970[p] 1,870[p] 1,770[p] 1,670[p] OLMS established a targeted 

outreach program to identify 

chronically delinquent filers 

and reached out to these filers 

to encourage them to file on 

time, and use the electronic 

filing system.

OLMS established a targeted 

outreach program in FY 2012, 

allowing district offices to 

develop their own outreach 

methods. OLMS has not 

identified which outreach 

methods worked/did not work.

OLMS will use the resources 

of the Chief Evaluation Office 

to maximize and expand its 

outreach efforts.

Result -- -- 2,070 1,835 1,711 -- --

Status -- -- -- -- -- -- --

Percent of targeted audits 

that result in a criminal case

Target -- -- Base 13.00% 13.75% 14.25% 14.75%

OLMS implemented a case 

predicate tracking system and 

a risk-based “red flag” 

targeting model that, in 

tandem, are providing 

improved targeting data.

OLMS’ predicate tracking 

system and risk-based “red 

flag” targeting model are 

beginning to show that certain 

targeting methods do not 

work, i.e., yield a below 

average criminal case fallout 

rate.

The OLMS Targeting 

Workgroup will analyze the 

improved targeting data on 

fallouts and disseminate a 

more rigorous methodology 

for targeting audits throughout 

the agency.

Result -- 12.47% 14.76% 15.18% 13.81% -- --

Status -- -- -- Y Y -- --

Customer satisfaction score 

for OLMS web site users

Target -- -- -- 60 60[p] 61[p] 62[p] OLMS continued to use the 

American Customer 

Satisfaction Survey results to 

identify areas where 

improvement to the web site 

are warranted and address 

customer complaints and 

concerns.

OLMS is still limited in its 

web change efforts by 

resource constraints. Much 

needed improvements in the 

union reports search engine 

and outward facing web page 

could not be undertaken.

OLMS will continue to use 

feedback from users and 

results from the ACSI survey 

(implemented in early 2013 

across the entire web site) to 

identify areas of change.

Result -- -- -- 61 64 -- --

Status -- -- -- -- -- -- --

Average number of days to 

resolve union officer 

election complaints

Target -- -- 84.0 80.0 76.0 75.0 74.0 OLMS implemented a system 

for early-intervention with the 

Solicitor’s office in cases with 

high risk for delay. OLMS 

continued to use the team 

approach in election 

investigations, when possible

Although OLMS had intended 

to reduce the number of time 

waivers executed, these 

waivers were necessary in 

cases active during threatened 

government shutdown.

The national office will 

continue to accelerate early 

Solicitor’s office involvement 

and district offices will 

continue to use election 

investigative teams. Waivers 

will continue to be reduced.

Result 92.0 70.0 81.0 79.0 71.0 -- --

Status -- -- Y Y Y -- --
Strategic Goal 3

United States Department of Labor – 63 – FY 2012 Annual Performance Report

Sources: The OLMS Case Data System and the OLMS Electronic Labor Organization Reports System (e.LORS).The OLMS Case Data System, an internal case management 

database. The Customer Satisfaction Score is based upon the American Customer Satisfaction Index; collected by Foresee, Inc., the index is based upon user responses to an 

OLMS web site customer satisfaction survey. Data for Union Officer Election Investigations - Elapsed Days is collected in an internal dataset and based upon opening and closing 

dates for all processed election cases.

Notes: Measures with [p] in the target cells are “contextual,” i.e., they are important for management purposes but not useful for judging Agency performance. The [p] indicates 

the number is a projection, not a target. Status (Y, N, or I) does not apply.

Mine Safety and Health Administration

MSHA’s Office of Assessments, Accountability, Special Enforcement and Investigations (OAASEI), formerly the Office of Assessments, oversees 

MSHA’s program to protect miners from discrimination when they exercise their right to report health and safety hazards without fear of 

retaliation. MSHA completed 197 discrimination case investigations in FY 2012, completing 168 cases (85 percent) within 60 days. MSHA 

resolved 85 temporary reinstatement requests in FY 2012, completing 67 reviews (80 percent) within 20 days. Both targets (85 percent and 70 

percent, respectively) were reached. 

A key component of this Administration is the increased attention to the enforcement of the anti-discrimination provisions contained in the 1977 Act. 

This was reinforced by the tragedy at the Upper Big Branch (UBB) mine. For the four years prior to the disaster, no one working at UBB had filed a 

hazard complaint, even though post-disaster investigations documented long-standing problems at that mine. MSHA has distributed materials 

directly to miners and has beefed up its special investigations staff to work on claims of retaliation. In 2011, MSHA updated its Miners’ Rights 

Handbook and developed new training tools, which are available online. In FY 2012, the Agency, working with the Department of Labor, filed 39 

requests for temporary reinstatement, more than double any previous year, with the Federal Mine Safety and Health Review Commission on behalf 

of miners who submitted complaints of discrimination in the form of a suspension, layoff, discharge or other adverse action. Additionally, the 

department filed 27 complaints alleging mine safety discrimination during 2012.

MSHA – Protect miners from discrimination

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percent of 105(c) 

investigations of miner 

discrimination complaints 

that are completed within 

60 days of receipt

Target -- -- 0% 80% 85% 85% 85% Beginning in October 2009 

through June 2010, weekly 

status reports were distributed 

to the field investigators which 

provided alerts of cases 

approaching their scheduled 

completion due dates.

Failure to distribute status 

reports during the fourth 

quarter of FY 2010.

Establish a process to 

automate, produce and 

distribute standardized reports 

on a consistent basis.

Result -- -- 87% 86% 85% -- --

Status -- -- -- Y Y -- --
Strategic Goal 3

United States Department of Labor – 64 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percent of investigations of 

miner requests for 

temporary reinstatements 

that are completed within 

20 days of receipt

Target -- -- -- 70% 70% 70% 70% Beginning in October 2009 

through June 2010, weekly 

status reports were distributed 

to the field investigators which 

provided alerts of cases

approaching their scheduled 

completion due dates.

Failure to distribute status 

reports during the fourth 

quarter of FY 2010.

Establish a process to 

automate, produce and 

distribute standardized reports 

on a consistent basis.

Result -- -- 78% 70% 80% -- --

Status -- -- -- Y Y -- --

Sources: Discrimination Investigations are tracked in a stand-alone database (Privacy Act Systems of Records - DOL/MSHA-10) into which enforcement and Office of 

Assessments personnel record applicable discrimination investigation information (dates, milestones, outcomes etc). The system is located on a server on MSHA’s segment of the 

DOL network.

Notes:

Program Evaluations

Independent evaluations completed in FY 2012 are summarized below.
Strategic Goal 3

United States Department of Labor – 65 – FY 2012 Annual Performance Report

OLMS – “OLMS Could Do More To Improve the Effectiveness of the Compliance Audit Program,” September 2012 (OIG)

Relevance: The OIG conducted this audit to determine if OLMS, in its Compliance Audit Program (CAP), had(1) evaluated the effectiveness of CAP and its impact on 

safeguarding union assets, (2) selected unions for audit using the most effective strategies, and (3) ensured unions corrected violations of LMRDA.

Findings and Recommendations: 

• The OIG concluded that (1) OLMS had not fully 

evaluated the effectiveness of the CAP and its impact 

on safeguarding union fund assets; (2) OLMS had not 

demonstrated that it was using the most effective 

strategies for selecting unions for audit, and; (3) 

OLMS had not ensured that unions corrected financial 

control weaknesses that allowed recordkeeping 

violations.

• OIG recommended that OLMS: (1) develop 

performance measures that evaluate the effectiveness 

of the CAP in safeguarding union efforts by verifying 

LMRDA compliance; (2) implement a risk-based 

process that will define the most significant LMRDA 

violations and use strategies to direct CAP resources to 

unions with the most significant LMRDA violations; 

and, (3) develop a process verifying that unions correct 

financial controls over recordkeeping.

Next Steps: 

• OLMS agreed that the CAP serves an important purpose in safeguarding union assets, and noted that OLMS had 

surpassed its ambitious performance goals to increase the rate at which audits uncover criminal activity in each 

of the last five years. However, OLMS maintains that an outcome measure of the type proposed by the OIG is 

not practicable. Due to the small number of observed incidence of fraud and embezzlement within the size of 

the universe of unions, the sample size of random audits required to draw valid statistical inferences would 

approach a majority of labor unions. 

• OLMS concurred with the recommendation to implement a risk-based process, which the OIG report 

acknowledged OLMS had previously begun to develop. OLMS will continue to build on its two risk-based 

targeting models: 

• Targeting by Predications: OLMS correlates CAP predications to fallout rates. If particular CAP 

predications or combinations of predications correlate to higher fallout rates, then OLMS emphasizes those 

targeting methods. 

• Targeting by Financial Disclosure Reporting Data: OLMS analyzes annual financial report data filed by 

labor unions to identify “red flag” conditions that enable a “risk scoring” of each filer. OLMS targets high

risk filers. OLMS did not concur with the recommendation to develop a process for verifying union 

corrective actions. An onsite review requires an investigator to verify that the recordkeeping deficiencies 

had been remedied on a sample of all financial transactions. This would add two staff days to the average 

ten-day audit. If staff days remained constant, this would mean a 20% decrease in audits.

Additional Information: The report is available at http://www.oig.dol.gov/public/reports/oa/2012/09-12-001-04-421.pdf
United States Department of Labor – 66 – FY 2012 Annual Performance Report

Strategic Goal 4: Secure health benefits and, for those not working, provide income security

Outcome Goal 4.1―Facilitate return to work for workers experiencing workplace injuries or illnesses who are 

able to work.

Analysis and Future Plans

Office of Workers’ Compensation Programs (OWCP)

OWCP supports the Secretary of Labor’s vision of good jobs for everyone through the achievement of Strategic Outcome Goal 4.1 - Facilitate return 

to work for workers experiencing workplace injuries or illnesses who are able to work.

Return to work is most successful through early identification of work injury or illness, prompt development of case information, and efficient 

provision of assistance services that will support recovery and return to work. Achievement of this is measured by the Division of Federal 

Employees’ Compensation (DFEC) using two key indicators: disability duration, measured as lost production days (LPD), and the percentage of 

injured workers successfully returned to employment. 

DFEC uses contract nurses to initiate contact with claimants, employing agencies and medical providers during the Continuation of Pay (COP) 

period. The COP nurse advises injured workers and assesses their conditions; confirms return-to-work status; obtains a treatment plan from the 

treating physician; and then files a report with recommendations to DFEC claims staff. Often cases are referred on to a Field Nurse for additional 

services including securing authorization for medical treatment, coordination of physicians, and facilitation with employing agencies for return to 

work. DFEC uses its data and communications systems to improve information exchanges with employers and claimants. If claimants remain out of 

work for extended periods, DFEC continues regular monitoring to identify cases when medical conditions improve and provide vocational 

rehabilitation and job placement services as soon as it is feasible. 

DFEC return to work efforts especially support Administration initiatives such as Executive Order 13548 to increase Federal employment of injured 

workers and workers with disabilities, and the four-year (FY 2011 – FY 2014) Presidential “Protecting Our Workers and Ensuring Reemployment” 

(POWER) initiative, jointly directed by OWCP and the Occupational Safety and Health Administration. Of the seven government-wide performance 

goals established by POWER, DFEC is responsible for four. In FY 2012, the Government-wide target averages were:

• Reduce agency lost production day rates (per 100 employees) to 35.1 days;
Strategic Goal 4

United States Department of Labor – 67 – FY 2012 Annual Performance Report

• Increase the percent of FECA Disability Management cases returned to work within two years to 88.4 percent;

• Increase the percent of Notices of Injury filed by Federal employers within 14 days to 82 percent; and

• Increase the percent of Wage-loss Claims filed by Federal employers within 7 days to 64 percent. 

Achievement of these goals in FY 2012 was due to a combination of earlier identification and delivery of services to new injury cases, Disability 

Management process and coordination improvements, and effective use of the POWER initiative to focus Federal agencies on performance results. 

Increase the share of Federal employees that return to work within two years of entering FECA’s Disability Management program –

POWER’s four-year target is to increase the overall share of cases that are returned to work by the 14 largest Executive Branch agencies. From FY 

2009 to FY 2012, the percentage of injured workers receiving FECA disability management services, and returning to work within two years of 

injury, increased from 85.8 percent to 91.5 percent. To improve agency outcomes, DFEC established the POWER Return-to-Work (RTW) Council 

with the 14 largest Federal agencies as a forum to review performance results, share best practices, and set challenging individual agency goals. 

DFEC completed a study in September 2012 with DOL’s Office of Disability Employment Policy to identify successful injured worker 

reemployment and disability hiring best practices being used in the Federal Government that could be exported to other Federal agencies. Study 

findings continue to be shared through the POWER RTW Council. The feasibility of implementing best practice approaches or mitigating job 

placement obstacles will be tested as DFEC works with individual agencies on implementation.

Reduce Government-wide Lost Production Day (LPD) rates – Under POWER, individual Executive Branch agencies are directed to reduce LPD 

rates (per 100 employees) by 1 percent per year through FY 2014. In FY 2012, the Government-wide average LPD rate was 34.8 days, exceeding the 

annual target of 35.1 days and the FY 2011 result of 33.8 days. The 2.7 percent increase was partially due to agencies that continue to experience 

higher than average lost production days due to the hazards of their missions and occupational reemployment challenges. DFEC’s strategy is to use 

more surgical approaches in working with those agencies. 

Timely submission of Notices of Injury and Wage-Loss Claims – The ability of DFEC to promptly initiate intervention and return to work services 

is improved if Federal employers are timely in the submission of injury reports and wage-loss claims. Earlier receipt of these forms also enables 

DFEC to begin claims adjudication and payment processing sooner. For these reasons, POWER includes two additional goals to improve timely 

submission. In FY 2012, Federal agencies filed 85.5 percent of Notices of Injury within 14 days. Agencies also filed 75 percent of wage-loss claims 

within 7 days. Both results exceeded the established targets. Fourteen agencies are using Electronic Data Interchange (EDI) systems to report 

injuries electronically. Most of these agencies made immediate significant gains in timeliness subsequent to adoption of EDI. To expand electronic 

filing capability to all agencies, DFEC developed a web-based capability, the Employees’ Compensation and Operations Portal (ECOMP), and is 

offering this electronic submission capability to all Federal employing agencies to further cut the time of delivery.

 
Strategic Goal 4

United States Department of Labor – 68 – FY 2012 Annual Performance Report

OWCP – Assist in the recovery and re-employment of injured federal workers

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percent of DM Cases 

Reemployed within 2 years 

by Non-Postal agencies

Target -- -- 86.7% 87.0% 88.4% 93.4% 95.0% Results are attributable to this 

goal's high visibility, regular 

publications of results, and 

regular meetings between 

OWCP and 14 of the larger 

Federal agencies to discuss 

performance and targets.

Injured Federal workers with 

more severe injuries, lingering 

disabilities, and in certain 

employment sectors continue 

to experience difficulty with 

return to work.

OWCP has revised POWER 

RTW targets to make them

more challenging, expanding 

reemployment assistance to 

Federal agencies, and 

exploring the use of new tools 

to increase job placement 

possibilities.

Result -- 85.8% 89.7% 91.6% 91.5% -- --

Status -- -- Y Y Y -- --

Lost Production Days rates 

(per 100 employees) in 

Non-Postal Agencies

Target -- -- 35.0 35.0 35.1 34.7 34.4

Results are attributable to this 

goal's high visibility to 

Federal employers and regular 

publication of results, fewer 

new injury cases, and early 

return to work.

Injured Federal workers with 

more severe injuries and in 

occupations with strict 

physical requirements 

continue to remain out of work 

for extended periods and face 

limited reemployment 

alternatives.

OWCP is targeting efforts to 

work with individual agencies 

with greater lost production 

days and return to work 

challenges.

Result 41.0 36.0 35.0 34.0 34.8 -- --

Status -- -- Y Y Y -- --

Percent of Notices of Injury 

received within 14 days 

from Non-Postal agencies

Target -- -- 81.0% 81.0% 82.0% 87.8% 90.4% The ability to file new injury 

reports and wage loss claims 

electronically is available to 

all Federal agencies through 

DFEC’s web-based ECOMP 

system.

A few agencies are still filing 

claims manually.

POWER requires Federal 

agencies to have the electronic 

means to file FECA claims. 

Most agencies will soon either 

be enrolled to use ECOMP or 

will operate their own 

electronic filing systems.

Result 77.2% 80.1% 81.7% 83.4% 85.5% -- --

Status -- -- Y Y Y -- --

Percent of Wage-Loss 

claims received within 7 

days from non-Postal 

agencies

Target -- -- 60.0% 60.0% 64.0% 75.7% 78.0% The ability to file new injury 

reports and wage loss claims 

electronically is available to 

all Federal agencies through 

DFEC’s web-based ECOMP 

system.

A few agencies are still filing 

claims manually.

POWER requires Federal 

agencies to have the electronic 

means to file FECA claims. 

Most agencies will soon either 

be enrolled to use ECOMP or 

will operate their own 

electronic filing systems.

Result 57.6% 57.8% 62.4% 68.5% 75.0% -- --

Status -- -- Y Y Y -- --

Sources: Integrated Federal Employees’ Compensation System (iFECS); individual Federal agencies' payroll systems; and Office of Personnel Management Employment and 

Trends reports

Notes: In FY 2011, the first two measures in this table were worded differently: "Percent of injured federal workers coming under FECA Disability Management that are 

reemployed by (non-Postal) federal agencies" and "Government-wide LPD rate in non-Postal government agencies."

Program Evaluations

Independent evaluations completed in FY 2012 are summarized below.
Strategic Goal 4

United States Department of Labor – 69 – FY 2012 Annual Performance Report

OWCP – “An Evaluation of the Federal Return-to-Work System for People with Disabilities,” September 25, 2012 (Economic Systems Incorporated)

Relevance: To identify successful return to work best practices within Federal government agencies that can be exported to other agencies.

Findings and Recommendations: 

The following could have potential benefits for Federal agency’s return to work programs:

• Centralize or regionalize RTW duties to increase efficiency 

• Assure that a full-time director is in charge of the RTW program

• Assure that assistance is available to agency case processors at all times

• Identify facilities with large caseloads and assure they have enough manpower

• Establish early contact with injured workers

• Hire nurse case managers to process cases or assist CPs with case processing

• Provide medical assistance to case processors who do not have access to medical 

professionals

• Modified work positions should always be available for short-term injuries

• Supporting jobs through centrally funded programs can assist with RTW

• Provide CPs with easy-to-understand training materials to ease their transition into the 

program

• Create multiple level training programs to better inform CPs of their duties

• Incorporate employee and supervisor training into orientations

• Create working groups to discuss issues on various levels

• Review cases and communicate findings to OWCP

• Communicate best practices throughout the agency

• Present disability payment costs to directors and operational managers

Next Steps: 

• The best practices recommended by the study have been reviewed for 

feasibility and applicability to all federal agencies by the POWER Returnto-Work Council, a community of practice led by OWCP and comprising 

the 14 Federal agencies subject to the POWER return to work goal.

• Approaches for implementation of best practices will also be developed as 

part of ongoing Council deliberations. OWCP, in consultation with the 

Council, has identified the 5 best practices that are most applicable to the 

greatest number of federal agencies and is working to develop Technical 

Assistance materials that will provide guidance to all federal agencies.

Additional Information: To request a copy of the report, contact U.S. Department of Labor, Division of Federal Employees’ Compensation, Room S-3509, 200 Constitution 

Ave., N.W., Washington, D.C. 20210 or telephone 202-693-0040.

OWCP – “Special Report Relating to the Federal Employees’ Compensation Act Special Benefit Fund,” November 2011 (OIG)

Relevance: The OIG contracted with an independent certified public accounting firm to prepare the report on the Fund as of and for the year ended September 30, 2011.

Findings and Recommendations: 

• The selected contractor performed certain tests of controls and compliance with laws and 

regulations related to the Fund. Their testing of controls disclosed no instances of 

deficiencies in internal control over financial reporting that they consider to be significant 

deficiencies and/or material weaknesses. Their testing of compliance disclosed no 

instances of noncompliance or other matters that are required to be reported under generally 

accepted government auditing standards.

Next Steps: 

• No further action required from this report.

Additional Information: The report is available at http://www.oig.dol.gov/public/reports/oa/2012/22-12-001-04-431.pdf
Strategic Goal 4

United States Department of Labor – 70 – FY 2012 Annual Performance Report

OWCP - “OWCP’s Efforts to Detect and Prevent FECA Improper Payments have not Addressed Known Weaknesses,” February 2012 (OIG)

Relevance: OIG conducted an audit to determine to what extent OWCP has addressed known weaknesses in detecting and preventing improper payments for the FECA 

program.

Findings and Recommendations: 

• Develop a process for improper payment estimates 

that is compliant with IPERA.

• Develop a program performance measure on payment 

accuracy.

• Provide SSA death match reports to the District 

Offices in a timely manner and monitor those reports 

that show multiple payments made after claimants’ 

date of death to verify timely action was taken to 

terminate benefits.

• Develop effective procedures, including seeking 

legislative authority to conduct matches with SSA 

retirement records, to ensure that claimants who 

receive SSA retirement benefits are identified timely 

and their FECA benefits are adjusted accordingly.

• Implement a requirement for training on improper 

payments for all claims examiners.

Next Steps: 

• The methodology used to estimate the improper payment rate for the Federal Employees Compensation Act 

(FECA) program is currently based on a statistically valid sample of payments for a fiscal year and meets IPERA 

requirements. However, the Department is reviewing the methodology and will consider the additional factors 

noted by the OIG, such as fraudulent payments. DOL’s 2012 risk assessment of the FECA program continued to 

identify it as a low risk program.

• OWCP has requested funding in the FY 2014 President’s Budget to establish an Integrity and Compliance 

program to focus on FECA payment integrity. This will result in a more robust methodology and a greater ability 

to reduce improper payments. As a preparation for this initiative, OWCP will evaluate the use of DNP Solution 

Data Analytics Services to determine if they provide additional value and would be cost effective.

• During FY 2012, DOL conducted a limited scope pilot payment recapture audit of the FECA program Medical 

Invoice Process to determine the cost‐effectiveness of performing a full scope recapture audit for these payments. 

DOL reviewed 1.8 million paid medical transactions processed during the six‐month period of January 1, 2011 

and June 30, 2011. Based on the results of the audit, these payments appear to be a low‐risk area for improper 

payments.

• OWCP has created many systemic controls and significantly updated training materials in an effort to reduce 

improper payments. Furthermore, FECA’s FY 2013 Operating Plan includes a measure that focuses on payment 

accuracy. Results will be measured through accountability reviews during the summer of 2013.

• OWCP has reduced the frequency of its death match report from monthly to weekly. This will reduce the number 

of payments that are issued in error by giving the district office a more prompt notice of a claimant’s death.

• The FECA reform proposal in the President’s FY 2012, 2013, and 2014 Budgets contain a provision to allow data 

matching between SSA and FECA.

Additional Information: The report is available at http://www.oig.dol.gov/public/reports/oa/2012/03-12-001-04-431.pdf

OWCP - “Audit of Federal Employees’ Compensation Act, Durable Medical Equipment Payments,” March 2012 (OIG)

Relevance: In response to widely publicized cases of DME fraud in federal healthcare programs, OIG conducted an audit to determine if OWCP has adequate controls to ensure 

that DME payments are proper and reasonable.

Findings and Recommendations: 

• Direct that the procedures performed during the provider enrollment process be 

documented to ensure controls as to who performed the verification, when it was done, and 

what procedures are supported.

• Establish additional procedures to ensure CEs perform and document OWCP’s requirement 

for an analysis of cost reasonableness when authorizing payments for items coded as E1399 

– Miscellaneous, as well as any other item that is “paid as billed” and not subject to fee 

schedule limitations.

Next Steps: 

• The Central Bill Processing (CBP) vendor already utilizes a process that 

documents its verification activity when enrolling a provider. Specifically, 

ACS documents call for enrollment verifications via the Call Record 

Number (CRN) document which is located in the OmniTrak application,

• OWCP claims staff needs to review the Miscellaneous DME Code E-1399 

request thoroughly for proper coding and cost reasonableness. Additional 

guidance was provided to the claims staff to reinforce the existing DME 
Strategic Goal 4

United States Department of Labor – 71 – FY 2012 Annual Performance Report

• Direct CEs to perform and document a rental versus new purchase analysis for any rentals 

exceeding a certain time period and/or dollar threshold.

• Examine controls over bills paid for catastrophic cases to identify additional controls 

needed to reduce the risk of improper payments and excessive costs without negatively 

impacting the beneficiaries of the FECA program.

• Initiate overpayment recovery procedures to recover the overpayments identified in this 

audit.

procedures on August 31, 2012.

• OWCP will reinforce the current procedures with claims staff. In addition, 

processes are being developed with the new CBP vendor that will also 

address the rental versus purchase issue.

• OWCP will review the current controls over catastrophic cases. 

Enhancements made to the claimant eligibility records on September 28, 

2012 reduced the need to class some cases as “catastrophic”.

• OWCP lacks the authority to attempt collection on perceived rental versus 

purchase overpayments identified by the auditors. The services that have 

been paid were authorized by OWCP claims staff, and there is no authority 

to retroactively rescind these authorizations.

Additional Information: The report is available at http://www.oig.dol.gov/public/reports/oa/2012/03-12-002-04-431.pdf

OWCP – “Controls over Transportation Cost Reimbursements to FECA Claimants Need Strengthening,” September 2012 (OIG)

Relevance: OIG conducted this audit to determine if OWCP has adequate internal controls to prevent unreasonable and unallowable transportation cost reimbursements to 

FECA claimants.

Findings and Recommendations: 

• Implement a monitoring procedure over the contractor to ensure it is obtaining claims 

examiner authorizations and receipts for non-mileage travel costs, as appropriate, prior to 

making payments.

• Implement procedures requiring claims examiners to determine whether mileage requiring 

authorization is reasonable and to document the basis for their determination.

• Revise the threshold requiring authorization for mileage to obtain medical services from 

200 miles to 100 miles in accordance with FECA regulations.

• Recover the $3,771 identified in overpayments as a result of ACS processing errors.

• Develop and implement a surveillance report process to identify claimants who receive 

large annual transportation cost reimbursements to determine if there is potential abuse 

and/or fraud and single travel cost reimbursement payment over $500 to determine if they 

were improperly paid.

Next Steps: 

• OWCP worked with its Central Bill Processing (CBP) contractor to 

implement a monitoring procedure for claimant travel on January 31, 2013.

• OWCP has committed to reviewing the current processes in place and 

developing a plan to address mileage authorization issues by March 31, 

2013.

• OWCP has implemented the recommendation to revise the threshold 

requiring authorization for mileage to obtain medical services from 200 

miles to 100 miles in accordance with the FECA regulations.

• OWCP’s review of the overpayment identified revealed that only $450 was 

due to CBP contractor error. The balance was due to “excess mileage 

charges.” OWCP will review its authority to recover these payments and 

initiate appropriate collection procedures.

• OWCP will work with the CBP contractor to implement a surveillance 

report that identifies claimants receiving large annual transportation 

reimbursements by March 1, 2013. Further review is needed to determine 

appropriate actions for monitoring single travel costs reimbursements over 

$500 and processes for determining potential abuse and/or fraud.

Additional Information: The report is available at http://www.oig.dol.gov/public/reports/oa/2012/03-12-003-04-431.pdf
Strategic Goal 4

United States Department of Labor – 72 – FY 2012 Annual Performance Report

Outcome Goal 4.2―Ensure income support when work is impossible or unavailable.

Analysis and Future Plans

Office of Workers’ Compensation Programs (OWCP)

OWCP effectively supports Strategic Outcome Goal 4.2 by promptly and accurately processing claims to determine entitlement and establish liability 

for payment, and timely delivering benefits, thereby shortening the duration of income interruptions.

Increase the timeliness of First Reports of Injury and First Payment of Compensation – The Division of Longshore and Harbor Workers’ 

Compensation met all its four FY 2012 targets for performance indicators which measure the timeliness of case actions by employers and insurance 

carriers. Injury report timeliness in FY 2012 for DBA cases was 85 percent within 30 days against a goal of 80 percent. First payment timeliness in 

FY 2012 for DBA cases was 63 percent within 30 days against a goal of 60 percent within 30 days. Injury report timeliness in FY 2012 for nonDBA cases was 86 percent within 30 days against a goal of 85 percent. First payment timeliness in FY 2012 for non-DBA cases was 85 percent 

within 30 days against a goal of 85 percent. Longshore will continue to work with employers and carriers to improve performance gains achieved in 

these areas. Program strategies include a combination of communicating program expectations/requirements; formal publication of employer/carrier 

performance results; provision of education and assistance and improved communication and information sharing between the parties. 

In FY 2012 the new performance measures aimed at facilitating the prompt delivery of benefits to injured workers and their families tracked 

performance for informal dispute resolution timeliness. These measures reflect district office dispute resolution effectiveness and productivity and 

allow the program to use internal performance strategies to impact performance. Improved timeliness in district office resolution will result in more 

prompt benefit delivery with a direct and positive impact on the program’s mission to provide income support.

Black Lung Claims Decision Timeliness – The performance priority for the Black Lung Program is to reduce the average time it takes to process 

Black Lung claims. The Black Lung Program did not meet its claims processing goal of reducing the average time to render a Proposed Decision and 

Order (PDO). Against a target of 240 days, results were 262 days. On a quarterly basis, results were 260 days for the first quarter, 270 days for the 

second and third quarters, and 247 days for the fourth quarter. The improvement in average timeliness during the 4th quarter is primarily attributable 

to reductions in backlogs of aged PDO inventories caused by provisions in the Patient Protection and Affordable Care Act (PPACA) which, although 

it had increased workload volumes after enactment, also enhanced claimants’ eligibility. 

During FY 2012, the percentage of aged pending PDOs decreased from 62 percent of all pending PDOs in the 1st quarter to 11% in the 4th quarter. 

Based on program performance results in FY 2012, the Black Lung program adjusted the performance target to 255 days in FY 2013 and reduces it to 
Strategic Goal 4

United States Department of Labor – 73 – FY 2012 Annual Performance Report

247 days in FY 2014. In order to reach these targets and reduce the impact of income loss suffered by disabled coal miners, the program will employ 

strategies to reduce the time necessary for development of medical evidence associated with the claim and on a monthly basis will identify aged cases 

as a workload priority to district/regional office management. Program data shows that 61 percent of the overall average claims processing time 

involves the time required to complete the activities involved with the development of medical evidence for claims. These activities include: 

authorization of medical testing, medical examinations, evaluation of medical reports, follow-up work with physicians, and re-testing (if necessary). 

Reducing the amount of time necessary to complete these activities contributes to shorter overall average claims processing time. To monitor the 

timeliness of these activities the program established a baseline in FY 2012 to measure the average amount of time necessary to complete 

development of medical evidence involved with claims. Results for this new measure will be reported in FY 2013. The program will improve 

performance for this measure by working with several large-volume clinics and diagnostic physicians to streamline exam notification and scheduling 

procedures and by closely monitoring the scheduling of medical examinations to determine which doctors have exams scheduled beyond critical 

timeliness thresholds. When the case control system indicates that a doctor is being overscheduled, the claimant will be scheduled with the second 

doctor selected in claim documentation.

Timely Adjudication in EEOICPA Claims – The Division of Energy Employees Occupational Illness Compensation (DEEOIC) provides timely 

claims adjudication and benefit delivery. In FY 2012, the Energy program reached its initial processing performance targets for average days under 

Part B with a result of 92 days against a target of 98 days, and for Part E with an average of 104 days against a target of 120 days. The goal for Final 

Decisions was achieved with a result of 93 percent against a target of 92 percent. In FY 2012, DEEOIC established baselines and targets for two new 

goals to measure the overall time to make claims decisions, from intake to final decisions. The new goals combine Part B and Part E results and 

account for the various actions a case may require, including dose reconstruction or oral hearing. These measures will provide a more transparent 

view of the claims process, including time spent in case development outside of DEEOIC at NIOSH.

Several initiatives during FY 2012 were aimed at further reducing processing times in DEEOIC. The Energy Compensation System (ECS) was 

deployed in the beginning of the year resulting in a major change in DEEOIC’s systems and the way the program will manage cases technologically. 

A new District Medical Consultant/Second opinion contract changed the way case referrals are made from the district and Final Adjudication Branch 

(FAB) offices – a significant portion of the program’s development process. Deployment of a new electronic method of sharing information with the 

Department of Energy (DOE) for verification of employment and other records also improved program timeliness. These initiatives are expected to 

continue to impact the program in a positive way during FY 2013.
Strategic Goal 4

United States Department of Labor – 74 – FY 2012 Annual Performance Report

OWCP – Reduce the consequences of work-related injuries

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance

Improvement Plan 

Percent of Employer's First 

Report of Injury filed 

within 30 days: Defense 

Base Act cases

Target -- -- -- 75.00% 80.00% 83.00% 85.00% Longshore’s continued effort 

to influence and change 

stakeholder behavior coupled 

with the possibility of DBA 

reform improved benefit 

delivery to injured workers 

and their families.

Program identified additional 

areas of focus to continue to 

improve benefit delivery and 

customer service.

Result -- 55.00% 75.00% 79.00% 85.00% -- --

Status -- -- -- Y Y -- --

Percent of First Payment of 

Compensation issued 

within 30 days: Defense 

Base Act cases

Target -- -- 50.00% 58.00% 60.00% 62.00% 60.00% Longshore’s exhaustive 

outreach efforts improved 

employer/carrier performance; 

targeted outreach focused on 

poorer performing employers.

Staff continues to work with 

industry upper management 

and claims adjusters to 

decrease time for claims 

investigations and decisions.

Result -- 43.00% 55.00% 56.00% 63.00% -- --

Status -- -- Y I Y -- --

Percent of Employer's First 

Report of Injury filed 

within 30 days: nonDefense Base Act cases

Target -- -- -- 78.00% 85.00% 85.00% 85.00% Performance measure helped 

to improve timely processing 

of compensation cases and 

quality case work for injured 

workers and their families.

Program will continue to 

monitor results and work with 

domestic employers and 

carriers to ensure consistency 

of performance in this 

measure.

Result -- -- 72.00% 79.00% 86.00% -- --

Status -- -- -- Y Y -- --

Percent of First Payment of 

Compensation issued 

within 30 days: nonDefense Base Act cases

Target -- -- -- 83.00% 85.00% 85.00% 85.00% Performance measure helped 

to improve timely processing 

of compensation cases and 

quality case work for injured 

workers and their families.

Program will continue to 

monitor results and work with 

domestic employers and 

carriers to ensure consistency 

of performance in this 

measure.

Result -- -- 81.00% 85.00% 85.00% -- --

Status -- -- -- Y Y -- --

Average Number of Days 

to Process Black Lung 

Claims

Target -- -- 200 250 240 255[r] 247 The program reduced the 

inventory of aged pending 

Proposed Decisions and 

Orders (PDOs) each quarter in 

FY 2012 which resulted in a 

27 day improvement in 

timeliness from the 3rd Qtr to 

the 4th Qtr.

The annual target for this 

measure was not achieved due 

to backlogs in aged PDO 

inventories in the earlier half 

of FY 2012.

The program will continue to 

reduce average processing 

timeliness by focusing on 

further reductions in aged 

PDO inventories and by 

reducing the amount for the 

development of medical 

evidence.

Result 205 201 210 238 262 -- --

Status -- -- N Y N -- --

Average time in days for 

development of medical 

evidence for BL claims

Target -- -- -- -- Base 128 123

The baseline and FY 2013 

target for this measure were 

established and in FY 2012 

and quarterly performance 

results against the target 

begins in FY 2013.

The program will work with 

several large-volume clinics 

and physicians to streamline 

exam notification and 

scheduling procedures to 

further improve timeliness for 

development of medical 

evidence.

Result -- -- -- -- 123 -- --

Status -- -- -- -- -- -- --
Strategic Goal 4

United States Department of Labor – 75 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance

Improvement Plan 

Average number of days 

between filing date and 

final decision for cases sent 

to NIOSH when a hearing 

is held (Part B and E)

Target -- -- -- Base 604 500 485 New detailed instructions/desk 

aids for the Energy 

Compensation System 

significantly improved 

production in the Final 

Adjudication Branch.

The program meets with 

representatives of DOE and 

NIOSH on a quarterly basis to 

review this measure and 

ensure the data is properly 

updated.

Result -- -- -- 619 552 -- --

Status -- -- -- -- Y -- --

Average number of days 

between filing date and 

final decision for cases sent 

to NIOSH when a hearing 

is not held (Part B and E)

Target -- -- -- Base 445 325 315 New detailed instructions/desk 

aids for the Energy 

Compensation System 

significantly improved 

production and NIOSH 

decreased their time reviewing 

significantly.

The program meets with 

representatives of DOE and 

NIOSH on a quarterly basis to 

review this measure and 

ensure the data is properly 

updated.

Result -- -- -- 457 331 -- --

Status -- -- -- -- Y -- --

Sources: Longshore Case Management System (LCMS); Black Lung Automated Support Package; Energy Compensation System (ECS)

Notes:

Employment and Training Administration

First Payment Timeliness – Making timely payments to unemployed workers is critical to fulfilling the UI system’s key statutory objective of 

making full payment of unemployment compensation "when due." Performance was slightly below the FY 2012 target of 85.7 percent; 82.9 percent 

of first payments were made within 14/21 days.

The decrease in first payment timeliness is directly due to declines in performance in Indiana (-4.7 pct. Pts.), Kentucky (-7.9), Mississippi (-5.1), and 

Tennessee (-5.1), resulting from staff turnover and lack of trained staff for making claim eligibility determinations; IT system issues; and backlogs in 

claims and adjudication units. Additionally, based on anecdotal information from some states, reduction in administrative funding resulting from 

lower workloads from the temporary federal programs (emergency unemployment compensation) have caused states to lay off staff associated with 

claims-taking activities. The performance of this measure may have been also impacted due to these staffing shortages. ETA will continue to 

provide intensive technical assistance and monitoring on underperforming states selected to participate in the "At Risk" project. 

Detection of Overpayments – Establish for recovery at least 52.3 percent of the amount of estimated overpayments that states can detect and 

recover; 64.9 percent of overpayments were detected for recovery in FY 2012. Ensuring that benefits are paid only to those who meet eligibility 

requirements and that erroneous payments are detected and recovered is critical to the integrity of any benefit payment program. 

Establish Tax Accounts Promptly – 86. 9 percent of the UI tax liability determinations for new employers will be made within 90 days of the end 

of the quarter in which employers become liable. Promptly enrolling new employers in the UI program is key to fulfilling major program objectives 

of supporting the timely payment of taxes – which fund UI benefits – and making timely and accurate eligibility determinations based on employer-
Strategic Goal 4

United States Department of Labor – 76 – FY 2012 Annual Performance Report

reported wages. In FY 2012, 88.7 percent of determinations were made timely, an increase of 1.5 percentage points from the year before; 33 states 

improved their performance.

ETA – Facilitate timely and accurate payments to unemployed workers

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Payment Timeliness: 

Percent of all intrastate first 

payments that will be made 

within 21 days.

Target 88.40% 85.70% 85.90% 84.00% 85.70% 87.00% 87.10%

Twenty-four states improved 

over their FY 2011 timeliness 

performance, Including two 

states participating in the “At 

Risk” initiative.

29 states’ timeliness declined, 

with four states experiencing 

double-digit declines.

States failing to achieve the 

87% Acceptable level of 

Performance standard for this 

measure were required to 

develop a corrective action 

plan for the FY 2013 SQSP 

submission.

Result 86.80% 83.80%[r] 82.20% 84.60% 82.90% -- --

Status N N N Y N -- --

Detect Overpayments: 

Percent of the amount of 

estimated overpayments 

that States detect 

established for recovery.

Target 56.00% 51.80% 52.80% 51.40% 52.30% 54.10% 54.20% Lower claims workload 

resulted in less diversion of 

state Benefit Payment Control 

staff from integrity to claimstaking functions, which 

improved overpayment 

detection.

18 states did not meet the 

Acceptable level of 

performance for this measure.

States failing to achieve the 

50% Acceptable level of 

Performance standard for this 

measure were required to 

develop a corrective action 

plan for the FY 2013 State 

Quality Service Plan 

submission.

Result 54.90%[r] 50.60%[r] 55.90%[r] 61.10%[r] 64.90% -- --

Status I N Y Y Y -- --

Percent of Employer 

Liability Determinations 

Made Promptly: Percentage 

of determinations about UI 

tax liability of new 

employers made within 90 

days of the end of the first 

quarter they became liable.

Target 84.9% 88.7% 90.0% 86.4% 86.9% 88.4% 88.9% FY 2012 performance of 88.7 

percent of new status 

determinations made within 

90 days represented an 

increase of 1.5 percentage 

points from the year before; 

33 states improved their 

performance.

Although States’ diversions of 

Tax staff to perform UI claims 

activities in response to 

increase in workloads 

moderated during the past 

fiscal year, 20 states 

performed below the 

performance target.

States failing to meet the target 

for this measure were required 

to develop a Corrective Action 

Plan for the FY 2013 address 

actions to improve 

performance in the State 

Quality Service Plan.

Result 84.1%[r] 86.1%[r] 87.1%[r] 88.2%[r] 88.7% -- --

Status N I I Y Y -- --

Sources: Payment Timeliness: ETA 9050 and 9050p reports; Detect Overpayments: Benefit Accuracy Measurement (BAM) program and ETA 227 report.; Tax liability 

determinations: ETA 581 report.

Notes:

Program Evaluations

Independent evaluations completed in FY 2012 are summarized below.
Strategic Goal 4

United States Department of Labor – 77 – FY 2012 Annual Performance Report

OWCP – “Longshore and Harbor Workers’ Compensation Act Special Fund Financial Statements and Independent Auditors’ Report,” March 2012 (OIG)

Relevance: The OIG audited FY 2011 financial statements of the Longshore and Harbor Workers’ Compensation Act Special Fund as of September 30, 2011, and for the year 

then ended.

Findings and Recommendations: 

• Design and implement policies and procedures that require a comprehensive and detailed review of 

all financial information in the draft financial statements. The policies and procedures should 

include:

• Specific procedures for agreeing comparative prior year financial data to the prior year audited 

statements;

• Comparing financial data reported on the different statements to ensure accuracy and 

consistency;

• Reconciling the financial data between the general ledger and subsidiary ledgers to ensure 

existence, completeness, and accuracy of financial data reported;

• Performing a budgetary to proprietary account relationship analysis and resolving identified 

variances; and 

• Analyzing significant variances between current period and prior period financial information.

• Develop monitoring controls to ensure that sufficient supervisory review controls over journal entries 

and the related documentation are being performed before the journal entries are posted to the general 

ledger.

Next Steps: 

• By March 31, 2012, a checklist will be developed and 

implemented for agreeing comparative prior year financial data to 

the prior year audited statements; comparing financial data 

reported on the different statements to ensure accuracy and 

consistency; reconciling the financial data between the general 

ledger and subsidiary ledgers to ensure existence, completeness, 

and accuracy of financial data reported; performing a budgetary 

proprietary account relationship analysis and resolving identified 

variances as appropriate; and analyzing significant variances 

between current period and prior period financial information.

• OWCP will implement another level of review to ensure that 

sufficient supervisory review controls are being performed. 

Effective March 31, 2012, all journal entries will be submitted to 

the Financial Manager for review and approval prior to their 

posting into the general ledger.

Additional Information: The report is available at http://www.oig.dol.gov/public/reports/oa/2012/22-12-004-04-432.pdf

OWCP - “District of Columbia Workers’ Compensation Act Special Fund Financial Statements and Independent Auditors’ Report,” March 2012 (OIG)

Relevance: The OIG audited the financial statements of the District of Columbia Workers’ Compensation Act Special Fund as of September 30, 2011, and for the year then 

ended.

Findings and Recommendations: 

• Design and implement policies and procedures that require a comprehensive and detailed review of 

all financial information in the draft financial statements. The policies and procedures should 

include:

• Specific procedures for agreeing comparative prior year financial data to the prior year audited 

statements;

• Comparing financial data reported on the different statements to ensure accuracy and 

consistency;

• Reconciling the financial data between the general ledger and subsidiary ledgers to ensure 

existence, completeness, and accuracy of financial data reported;

• Performing a budgetary to proprietary account relationship analysis and resolving identified 

variances; and 

• Analyzing significant variances between current period and prior period financial information.

• Develop monitoring controls to ensure that sufficient supervisory review controls over journal 

Next Steps: 

• By March 31, 2012, a checklist will be developed and implemented 

for agreeing comparative prior year financial data to the prior year 

audited statements; comparing financial data reported on the 

different statements to ensure accuracy and consistency; reconciling 

the financial data between the general ledger and subsidiary ledgers 

to ensure existence, completeness, and accuracy of financial data 

reported; performing a budgetary proprietary account relationship 

analysis and resolving identified variances as appropriate; and 

analyzing significant variances between current period and prior 

period financial information.

• OWCP will implement another level of review to ensure that 

sufficient supervisory review controls are being performed. 

Effective March 31, 2012, all journal entries will be submitted to 
Strategic Goal 4

United States Department of Labor – 78 – FY 2012 Annual Performance Report

entries and the related documentation are being performed before the journal entries are posted to 

the general ledger.

the Financial Manager for review and approval prior to their posting 

into the general ledger.

Additional Information: The report is available at http://www.oig.dol.gov/public/reports/oa/2012/22-12-005-04-432.pdf

ETA – “ETA Did Not Use Compatible Data Which Overstated the Effectiveness of Its Overpayment Detections,” September 2012 (OIG)

Relevance: The Office of Inspector General (OIG) conducted an assessment to see if ETA appropriately measured the effectiveness of the overpayment detections for statefunded and extended benefit payments made to claimants.

Findings and Recommendations: 

• ETA did not use compatible data in its overpayment 

detection measure. 

• ETA’s efforts to ensure states’ compliance with National 

Directory of New Hires (NDNH) cross-match 

requirements have not been fully successful.

• ETA did not always ensure data used in the measure was 

validated. 

In light of the findings, it was recommended that ETA : 

• Ensure the overpayment detection management 

information measure for EB is implemented and 

accurately reports detectable overpayment activities; 

• Ensure that states properly cross match Benefit Accuracy 

Measurement (BAM) samples to the NDNH;

• Develop and implement clear guidance for states on 

properly conducting data validation;

• Ensure all states conduct data validation for actual 

overpayment data, as required by ETA Handbook 361;

• Ensure regional offices perform effective monitoring of 

states’ efforts for conducting data validation properly; 

and

• Ensure regional offices close reviews of the states’ 

sampled BAM survey cases used in their estimates of 

detectable overpayments. 

Next Steps: 

• ETA has been working aggressively with states to address the issue of UI improper payments. As a result of 

that work, actions to address the findings and recommendations in this report have either already been 

completed or are well under way.

• ETA has issued UIPL No. 29-12 to disseminate management information measure results to the states. In 

November 2012, ETA began publishing the overpayment detection and recovery management information 

measure on the OUI Web site. Please see link below for reference: 

http://oui.doleta.gov/unemploy/info_measures.asp.

• Currently, all states, including California, are matching BAM cases with the NDNH. California 

implemented the NDNH crossmatch for BAM in December, 2012. ETA’s Regional Offices will continue to 

conduct the biennial Methods and Procedures review of the states’ BAM programs. This formal review and 

ongoing monitoring is used to determine if the state agency's BAM operations are being administered in 

compliance with BAM organizational and methodological including the NDNH requirements. 

• ETA developed ET Handbook 361 for DV Benefits (published in November 2009, revised in July 2011) and 

Tax (published in May 2011) and ET Handbook 411; the Data Validation Operations Guide (published in 

October 2010), explains how to navigate the Benefits and Tax applications of the DV State Web Software. 

ETA has also issued supplemental guidance on specific DV topics, such as Module 3 (documentation of

state UI rules), Module 4 (validation of Benefit Timeliness and Quality, Appeals, and Tax Performance 

System), and specific UI reports that are validated. These are all available to states on the OUI DV Web 

site, http://workforcesecurity.doleta.gov/dv/

• ETA continues to provide technical assistance to the states for the DV program. Additionally, ETA has 

contracted with National Association of Workforce Agencies’ Information Technology Support Center to 

conduct an assessment of states’ DV program and then develop a training plan to provide technical 

assistance to states. 

Additional Information: http://www.oig.dol.gov/public/reports/oa/2012/04-12-001-03-315x.pdf 

ETA – “Impact of the Reemployment and Eligibility Assessment (REA) Initiative,” May 2012 (IMPAQ International, LLC)

Relevance: The purpose of this study was to provide the U.S. Department of Labor's Employment and Training Administration with an independent evaluation of the 

Reemployment and Eligibility Assessment (REA) program and also provide information to Congress about the program. The evaluation included an analysis of the program’s 

effectiveness in reducing UI duration and increasing reemployment of UI claimants. Four states (Florida, Idaho, Illinois and Nevada) participated in the study.
Strategic Goal 4

United States Department of Labor – 79 – FY 2012 Annual Performance Report

Findings and Recommendations:

• The program is effective in reducing UI durations for claimants that participate in REAs (compared to nonparticipants); thus, saving UI trust fund dollars;

• Savings that resulted from decreased UI durations of REA participants, exceeded REA program costs; 

• Reemployment services (RES) provided in conjunction with the REA, and by the same staff, produce the most 

successful results, as observed in Nevada.

• Recommendation for a random assignment study (assigning participants to different combinations of REA 

activities and reemployment services) to isolate the effect of these activities and services. 

Next Steps: 

• An additional REA study is being undertaken to 

further examine the effectiveness of unique aspects 

of the REA and reemployment services. 

Additional Information:

http://wdr.doleta.gov/research/eta_default.cfm?fuseaction=dsp_resultDetails&pub_id=2487&bas_option=Title&start=1&usrt=4&stype=basic&sv=1&criteria=rea
Strategic Goal 4

United States Department of Labor – 80 – FY 2012 Annual Performance Report

Outcome Goal 4.3―Improve health benefits and retirement security for all workers.

Analysis and Future Plans

Employee Benefits Security Administration (EBSA)

During FY 2012, EBSA’s program continued to be significantly impacted by the Patient Protection and Affordable Care Act (ACA) which impacted 

both the workload and regulatory priorities of the Agency. With respect to the enforcement program, EBSA processed 318 criminal investigations, a 

50 percent increase from FY 2008 (212). Additionally, EBSA made significant progress in closing Sample Investigation Program (SIP) cases and 

collecting interim data. The key element of the initial phase of the multi-year SIP is the investigation of a random-sample of plans that will lead to 

measuring overall compliance with Employee Retirement Income Security Act (ERISA). 

The Office of Outreach, Education and Assistance provided superior participant assistance by responding to 99 percent of all written inquiries within 

30 days of receipt and responding to over 99 percent of telephone inquiries by the close of the next business day. Total inquiry volume for the fiscal 

year exceeded 239,000. Benefit recoveries achieved by the participant assistance program contributed more than $260 million to EBSA’s overall 

monetary results of over $1.2 billion2

. This informal resolution of complaints without utilizing the more resource intensive investigative process 

enables EBSA to direct its investigative assets to more egregious and wide-spread violations of ERISA. Benefit Advisors play a critical role in 

EBSA’s overall enforcement program. When they receive a complaint from a participant that indicates a fiduciary breach by the employer or a 

problem that impacts all or several participants in the plan, the Advisor makes a referral to the enforcement staff for possible investigation. Referrals 

from Benefits Advisors in FY 2012 resulted in 814 enforcement cases being opened.

The Agency also conducted outreach and education programs designed to educate plan participants and officials regarding their rights and 

responsibilities under ERISA. These activities are a critical component of our efforts to enhance the benefit security of America’s workers, retirees 

and their families. We believe that retirement, health and other benefits will be more secure if plan officials are more knowledgeable and therefore in 

a better position to be in compliance. In addition, better informed plan participants are more able to ensure they receive all the benefits to which they 

are entitled under their plan as well as bring potential violations to the attention of EBSA. EBSA completed 772 ACA outreach activities reaching 

over 21,000 individuals, conducted seven health law workshops, held 891 rapid response workshops for dislocated workers, distributed over 506,000 

educational publications, and hosted over 5.8 million visitors on the Agency’s website. 

In FY 2013, EBSA will report baseline compliance measure data based on full set of investigative results that builds on 2012 interim baseline data. 

This broad-based composite measure will provide information related to compliance in the plan community. EBSA also will provide an assessment 

 2 Monetary results are a product of EBSA’s investigative, compliance and participant assistance activities.
Strategic Goal 4

United States Department of Labor – 81 – FY 2012 Annual Performance Report

of how best to estimate a recidivism rate or impact measure. In addition, EBSA will continue to measure the level of customer satisfaction with our 

Participant Assistance Program.

EBSA – Improve health benefits and retirement security for all workers

*Target reached (Y), 

Improved (I), or Not 

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percent of employee benefit 

plans in compliance with 

civil provisions of ERISA

Target -- -- -- -- -- Base TBD

Result -- -- -- -- -- -- --

Status -- -- -- -- -- -- --

Percentage point difference 

in compliance rate between 

employee benefit plans 

recently investigated and 

other employee benefit 

plans

Target -- -- -- -- -- -- TBD

Result -- -- -- -- -- -- --

Status -- -- -- -- -- -- --

Participant assistance 

program customer 

satisfaction index

Target -- -- -- Base 68.00% 69.00% 69.00%

See Program Evaluation 

Section

See Program Evaluation 

Section

See Program Evaluation 

Section Result -- -- -- 66.00% 69.00% -- --

Status -- -- -- -- Y -- --

Sources: Enforcement Management System

Notes:

Program Evaluations

Independent evaluations and audits completed in FY 2012 are summarized below.

EBSA – "Office of Participant Assistance Program Evaluation Studies," December 2012 (EBSA)

Relevance: To provide information enabling EBSA to address program performance issues to the greatest extent possible and thus improving the interaction customers have 

directly with EBSA representatives.

Findings and Recommendations: 

• In FY 2012, the study indicates that 69% of EBSA’s customers rated EBSA a 4 or 5 on a 5-point scale for overall satisfaction 

with their interaction. As a point of reference, EBSA achieved a final score of 66% in 2011 using this same methodology. 

• Conducted training in each office during the third quarter of FY 2012 which may have better enabled the participant 

assistance staff to exceed the goal. 

• It is also notable that EBSA increased the percentage of customers rating their service a 5 out of 5 by 3 points and decreased 

the percentage of customers rating EBSA a 1 out of 5 by 3 points. 

• The percentage of customers who rate EBSA a 5 is 46%, putting EBSA in the 67th percentile of the public and private entity 

database compared to EBSA being in the 61st percentile in FY 2011.

Next Steps: 

• Conduct barrier analyses (identify 

behavioral determinants so that more 

effective behavior change communication 

messages can be developed) in certain field 

offices.

Additional Information: Contact Employee Benefits Security Administration, 200 Constitution Avenue, N.W., Room N5668; or by calling 202-693-8491
United States Department of Labor – 82 – FY 2012 Annual Performance Report

Strategic Goal 5: Produce timely and accurate data on the economic conditions of workers 

and their families

Outcome Goal 5.1―Provide sound and impartial information on labor market activity, working conditions, and 

price changes in the economy for decision making, including support for the formulation of economic and 

social policy affecting virtually all Americans.

Analysis and Future Plans

Bureau of Labor Statistics (BLS)

In FY 2012, BLS reached 100 percent of the underlying timeliness, accuracy and relevance targets for its Labor Force Statistics, Compensation and 

Working Conditions, and Productivity and Technology Principal Federal Economic Indicators. Prices and Cost of Living reached 100 percent of its 

underlying timeliness and accuracy targets, but missed its relevance target for the Indexes published monthly measure for the Producer Price Index 

(PPI) program. PPI released fewer indexes than planned because the 2012 North American Industry Classification System combined more indexes 

than originally projected. BLS adjusted its FY 2013 target accordingly. 

In addition, BLS measured dissemination through the Average number of Internet site user sessions each month, and exceeded its target of 

6.9 million in FY 2012 by reaching 8.1 million user sessions. Finally, in FY 2012, BLS exceeded its target of 75 by achieving a score of 77 on the 

American Customer Satisfaction Index that measures customer satisfaction with its full Web site.

BLS – Improve the timeliness, accuracy, and relevance of information on labor market activity, working conditions, and price changes in the economy.

*Target reached (Y), 

Improved (I), or Not

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percentage of timeliness 

targets achieved for the 

Labor Force Statistics 

Principal Federal Economic 

Indicators (PFEIs).

Target -- -- Base 100.00% 100.00% 100.00% 100.00% Utilized a systematic and 

comprehensive management 

process to plan, budget, 

schedule, execute, review, and 

evaluate work, which helped 

ensure that targets were met.

Will continue to work towards 

reaching Outcome Goal 5.1 by 

focusing on BLS products, 

product and process 

improvement, customers, 

respondents, website, and 

employees.

Result -- -- 100.00% 100.00% 100.00% -- --

Status -- -- -- Y Y -- --
Strategic Goal 5

United States Department of Labor – 83 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percentage of accuracy 

targets achieved for the 

Labor Force Statistics 

PFEIs.

Target -- -- Base 100.00% 100.00% 100.00% 100.00%

Result -- -- 100.00% 100.00% 100.00% -- -- See above. See above.

Status -- -- -- Y Y -- --

Percentage of relevance 

targets achieved for the 

Labor Force Statistics 

PFEIs.

Target -- -- Base 100.00% 100.00% 100.00% 100.00%

Result -- -- 100.00% 100.00% 100.00% -- -- See above. See above.

Status -- -- -- Y Y -- --

Percentage of timeliness 

targets achieved for the 

Prices and Cost of Living 

Principal Federal Economic 

Indicators (PFEIs).

Target -- -- Base 100.00% 100.00% 100.00% 100.00%

See above. See above. Result -- -- 100.00% 100.00% 100.00% -- --

Status -- -- -- Y Y -- --

Percentage of accuracy 

targets achieved for the 

Prices and Cost of Living 

PFEIs.

Target -- -- Base 100.00% 100.00% 100.00% 100.00%

Result -- -- 100.00% 100.00% 100.00% -- -- See above. See above.

Status -- -- -- Y Y -- --

Percentage of relevance 

targets achieved for the 

Prices and Cost of Living 

PFEIs.

Target -- -- Base 100.00% 100.00% 100.00% 100.00%

See above.

The Producer Price Index 

(PPI) missed its output target, 

releasing fewer indexes than 

planned. The 2012 North 

American Industry 

Classification System 

combined more industries than 

PPI had projected.

See above.

Result -- -- 100.00% 100.00% 83.00% -- --

Status -- -- -- Y N -- --

Percentage of timeliness 

targets achieved for the 

Compensation and Working 

Conditions Principal 

Federal Economic Indicator 

(PFEI).

Target -- -- Base 100.00% 100.00% 100.00% 100.00%

See above. See above.

Result -- -- 100.00% 100.00% 100.00% -- --

Status -- -- -- Y Y -- --

Percentage of accuracy 

targets achieved for the 

Compensation and Working 

Conditions PFEI.

Target -- -- Base 100.00% 100.00% 100.00% 100.00%

Result -- -- 100.00% 100.00% 100.00% -- -- See above. See above.

Status -- -- -- Y Y -- --

Percentage of relevance 

targets achieved for the 

Compensation and Working 

Conditions PFEI.

Target -- -- Base 100.00% 100.00% 100.00% 100.00%

Result -- -- 0.00% 100.00% 100.00% -- -- See above. See above.

Status -- -- -- Y Y -- --
Strategic Goal 5

United States Department of Labor – 84 – FY 2012 Annual Performance Report

*Target reached (Y), 

Improved (I), or Not

Reached (N)

FY/PY 

2008

FY/PY 

2009

FY/PY 

2010

FY/PY 

2011

FY/PY 

2012

FY/PY 

2013

FY/PY 

2014

What Worked

 

What Didn't Work

 

Program Performance 

Improvement Plan 

Percentage of timeliness 

targets achieved for the 

Productivity and 

Technology Principal 

Federal Economic Indicator 

(PFEI).

Target -- -- Base 100.00% 100.00% 100.00% 100.00%

See above. See above.

Result -- -- 100.00% 100.00% 100.00% -- --

Status -- -- -- Y Y -- --

Percentage of accuracy 

targets achieved for the 

Productivity and 

Technology PFEI.

Target -- -- Base 100.00% 100.00% 100.00% 100.00%

Result -- -- 100.00% 100.00% 100.00% -- -- See above. See above.

Status -- -- -- Y Y -- --

Percentage of relevance 

targets achieved for the 

Productivity and 

Technology PFEI.

Target -- -- Base 100.00% 100.00% 100.00% 100.00%

Result -- -- 100.00% 100.00% 100.00% -- -- See above. See above.

Status -- -- -- Y Y -- --

Average number of Internet 

site user sessions each 

month (Dissemination)

Target 4,300,000 5,100,000 6,100,000 6,900,000 6,900,000 7,800,000 7,800,000 Made website more accessible 

with RSS feeds; a new “beta” 

data query tool for public 

comment; and the release of 

Web, mobile, and printfriendly versions of the 2012 

Occupational Outlook 

Handbook.

Will increase customer 

awareness of existing data, and 

will use feedback to determine 

how to improve the data or 

dissemination methods.

Result 5,032,111 6,090,587 6,972,577 7,213,823 8,149,686 -- --

Status Y Y Y Y Y -- --

Measure customer 

satisfaction with the BLS 

website (Mission 

Achievement)

Target -- -- Base 75 75 75 75 Reviewed survey feedback, 

which included more detailed 

information on functionality, 

search, navigation, and other 

areas of site performance.

Will use these results to 

improve the website to better 

serve stakeholders.

Result -- -- 75 75 77 -- --

Status -- -- -- Y Y -- --

Sources: For most performance measures, internal BLS documents. For the Mission Achievement indicator, the American Customer Satisfaction Index 2012 E-Gov Scores Q3: 

http://www.theacsi.org/images/stories/images/govsatscores/12q3_egovpress.pdf

Notes: BLS revised its performance framework in 2010. For most performance measures, 2010 is the baseline year.

Program Evaluations

There were no relevant independent evaluations completed in FY 2012.
United States Department of Labor – 85 – FY 2012 Annual Performance Report

Measures Discontinued in FY 2014

Because this APR is primarily a planning document that uses historical information to 

inform future strategies and targets, it is organized around goals and measures selected to 

represent Departmental goals for the budget year (FY 2014). Under GPRA, performance 

goals, measures and targets are identified for reporting purposes in the Congressional 

Budget Justification (CBJ) issued during that fiscal year. Therefore, DOL is obliged to 

report PY 2011 and FY 2012 results for measures listed in its FY 2013 Performance Plan, 

which was published as part of the FY 2013 CBJ in February 2012 (see 

www.dol.gov/dol/budget/). Some measures have since been revised, replaced, or 

discontinued. 

The table below lists these performance measures, their targets and results for PY 2011/FY 

2012. Results are not provided for measures that were new this year, i.e., their target was to 

collect baseline data.

Agency – Measure

(Program) FY or PY

Target

FY 2012

PY 2011

Result

FY 2012

PY 2011

Why not included?

Outcome Goal 1.1

VETS – Percent of Veterans 

participants employed in the first 

quarter after exit

47.0% 48.3% This measure has been replaced with a new 

measure of the outcomes of participants 

served only by JVSG grantees.

VETS – Percent of Veteran 

participants employed in the first 

quarter after exit still employed in 

the second and third quarters after 

exit

79.2% 78.7% Same as above

VETS – Average earnings of 

Veteran participants in the second 

and third quarters after exit

$16,884 $17,012 Same as above

Outcome Goal 1.3

VETS – Percent of disabled 

Veterans participants employed in 

the first quarter after exit

44.6% 45.2% Disabled veteran outcomes are included in 

the DVOP measures in Outcome Goal 1.1

VETS – Percent of disabled 

Veteran participants employed in 

the first quarter after exit still 

employed in the second and third 

quarters after exit

78.8% 78.0% Same as above

VETS – Average earnings of 

disabled Veteran participants in the 

second and third quarters after exit

$17,318 $18,108 Same as above
United States Department of Labor – 86 – FY 2012 Annual Performance Report

Agency – Measure

(Program) FY or PY

Target

FY 2012

PY 2011

Result

FY 2012

PY 2011

Why not included?

VETS – Percent of female HVRP 

participants employed in the first 

quarter after exit

53.0% 61.7% This measure will continue to be tracked 

internally but will no longer be reported at 

the Departmental level.

VETS – Percent of TAP 

participants who indicate the 

workshop prepared them for gainful 

employment

Base – This data was not collected from TAP 

participants due to the redesign of TAP 

curriculum and transition to contracted 

facilitators.

ETA (OA) – Percent of Participants 

Employed in the First Quarter After 

Exit

63.6% 72.3% Since apprentices are employed during 

their program participation, the EER is a de 

facto retention measure. 

Outcome Goal 1.4

VETS – Percent of USERRA cases 

resolved or referred in compliance 

with standard operating procedures.

82.0% 83.3% This measure was renamed Percent of 

Closed Cases Meeting the Agency’s 

Quality Standard to clarify that it does not 

include referrals.

Outcome Goal 1.5

WHD – Percent of firms in the 

janitorial industry in compliance 

with applicable statutes

– –

Performance is captured in Percent of 

investigations in priority industries 

measure

WHD – Percent of firms in the 

hotel/motel industry in 

compliance with applicable 

statutes

– –

Same as above

WHD – Percent of construction 

companies in compliance with 

applicable statutes

– –

Same as above

ETA – Percent of resolved 

permanent applications selected 

for integrity review and found in 

compliance

50% 67%

The measure provides little management 

value since there is no way to ensure 

employer compliance prior to issuing a 

final determination and does not account 

for case adjudication process quality. In 

FY 2013, OFLC will establish baseline 

data for a new measure designed to assess 

the quality of OFLC’s decision-making and 

level of compliance with established 

operating protocols.

Outcome Goal 2.1

WHD – Percent H-2A employers in 

compliance with applicable statutes

Baseline 25.5% Performance is captured in Percent of 

investigations in priority industries

OSHA – Total number of 

employees removed from 

workplace hazards through 

inspections

650,000 684,999 This measure has been replaced with a new 

measure of the effect of inspections on 

employee exposure to workplace hazards.
United States Department of Labor – 87 – FY 2012 Annual Performance Report

Agency – Measure

(Program) FY or PY

Target

FY 2012

PY 2011

Result

FY 2012

PY 2011

Why not included?

OSHA – Number of hazards 

abated associated with hearing 

loss in construction and 

manufacturing

680 584 The calculation method is being revised; 

targets will be established for FY 2014.

OSHA – Number of hazards 

abated associated with illness in 

construction and general industry

12,000 13,034 Same as above

OSHA – Number of hazards 

abated associated with 

amputations

8,000 6,921 Same as above

OSHA – Percent of serious, 

willful, repeat violations in large 

construction projects

Base -- This measure will continue to be tracked 

internally but will no longer be reported at 

the Departmental level.

OSHA – Percent of serious, 

willful, repeat violations in high 

hazard industries

Base -- Same as above

OSHA – Recidivism rate for 

serious, willful, repeat violations 

in high-hazard industries

Base -- The data for this measure were not 

collected due to the design of the 

Department’s study on evaluating the 

impact of OSHA’s enforcement 

interventions. 

Outcome Goal 3.1

OFCCP – Overall compliance rate 

of federal contractors

Baseline – The sample drawn for this study cannot 

produce legitimate findings due to 

scheduling letters being rescinded in the 

Midwest region (11%), a high rate of 

administrative closures (39%) resulting 

from lack of contract jurisdiction and 

facility closures, and pending litigation

in the health care, banking and insurance 

industries.

OFCCP – Discrimination rate of 

federal contractors

Baseline – Same as above

OFCCP – Technical violation rate 

of federal contractors

Baseline – Same as above

Outcome Goal 3.2

WHD – Percent of FMLA

complainants who are "satisfied" 

or "very satisfied" with WHD's 

services

Baseline 37.8% WHD does not conduct a customer 

service survey of FMLA complainants 

every year.
United States Department of Labor – 88 – FY 2012 Annual Performance Report

Agency – Measure

(Program) FY or PY

Target

FY 2012

PY 2011

Result

FY 2012

PY 2011

Why not included?

Outcome Goal 4.2

OWCP – Percentage of 

Conversion of benefits to miners' 

survivors processed within 45 

days

90% 98% Performance is almost at the maximum 

level for this measure so it is replaced in 

FY 2013 with a new performance 

measure to minimize erroneous 

payments and accuracy of benefits.

OWCP – Average number of days 

between filing date and final 

decision for cases not sent to 

NIOSH when a hearing is held

372 366 This measure will continue to be tracked 

internally but will no longer be reported at 

the Departmental level.

OWCP – Average number of days 

between filing date and final 

decision for cases not sent to 

NIOSH when a hearing is not held

178 177 Same as above
United States Department of Labor – 89 – FY 2012 Annual Performance Report

Acronyms

BLS Bureau of Labor Statistics

DOL U.S. Department of Labor

DVOP Disabled Veterans’ Outreach 

Program

EBSA Employee Benefits Security 

Administration

EEO Equal Employment Opportunity

ERISA Employee Retirement Income 

Security Act

ETA Employment and Training 

Administration

FECA Federal Employees’ Compensation 

Act

FLSA Fair Labor Standards Act

FMLA Family Medical Leave Act

FTE Full Time Equivalent

FY Fiscal Year

GAO U.S. Government Accountability 

Office

GPRA Government Performance and 

Results Act

HVRP Homeless Veterans’ Reintegration 

Program

ILAB Bureau of International Labor 

Affairs

IPIA Improper Payments Information 

Act

IT Information Technology

LMRDA Labor-Management Reporting and 

Disclosure Act

LPD Lost Production Days

LVER Local Veterans’ Employment 

Representative

MSHA Mine Safety and Health 

Administration

ODEP Office of Disability Employment 

Policy

OFCCP Office of Federal Contract 

Compliance Programs

OFLC Office of Foreign Labor 

Certification

OIG Office of Inspector General

OLMS Office of Labor-Management 

Standards

OMB Office of Management and Budget

OSHA Occupational Safety and Health 

Administration

OWCP Office of Workers’ Compensation 

Programs

PY Program Year

SSA Social Security Administration

SWA State Workforce Agencies

TAA Trade Adjustment Assistance

UI Unemployment Insurance

VETS Veterans’ Employment and 

Training Service

WB Women’s Bureau

WHD Wage and Hour Division

WIA Workforce Investment Act
United States Department of Labor – 90 – FY 2012 Annual Performance Report

Internet Links

Employment Information (For Workers and Employers)

America’s Career InfoNet http://www.acinet.org/acinet/

Occupational Outlook Handbook http://www.bls.gov/oco/

Job Corps http://jobcorps.dol.gov/

DOL Jobs http://www.dol.gov/dol/jobs.htm

Job Accommodation Network (JAN) http://www.jan.wvu.edu/

Workplace Laws and Related Information

DOL Compliance Assistance http://www.dol.gov/compliance

Employment Laws Assistance for Workers and Small Businesses http://www.dol.gov/elaws/

Fair Labor Standards Act http://www.dol.gov/compliance/laws/comp-flsa.htm

Small Business Compliance Assistance http://www.dol.gov/osbp/sbrefa/

Statistical Information

Consumer Price Indexes http://www.bls.gov/cpi/

Bureau of Labor Statistics Most Requested Data http://www.bls.gov/data/

Current Population Survey http://www.bls.gov/cps/

Workplace Injury, Illness & Fatality Statistics http://www.osha.gov/oshstats/work.html

Employment Projections http://www.bls.gov/emp/

International comparisons http://www.bls.gov/fls/ 

Employment, Hours, and Earnings http://www.bls.gov/ces/

Safety and Health Information

OSHA’s Partnership Page http://www.osha.gov/dcsp/partnerships/index.html

OSHA Standard Industrial Classification (SIC) Search http://www.osha.gov/oshstats/sicser.html

OSHA Reading Room http://www.osha.gov/readingroom.html

MSHA’s Accident Prevention Program http://www.msha.gov/Accident_Prevention/appmain.htm

Health Hazard Information (MSHA) http://www.msha.gov/hhicm.htm

MSHA's National Hazard Reporting Page http://www.msha.gov/codeaphone/codeaphonenew.htm

Labor Department History

History at the Dept of Labor http://www.dol.gov/oasam/programs/history/main.htm

Annals of the Dept of Labor http://www.dol.gov/oasam/programs/history/webannalspage.htm

Labor Agencies

Bureau of International Labor Affairs http://www.dol.gov/ilab/

Bureau of Labor Statistics http://www.bls.gov/

Employee Benefits Security Administration http://www.dol.gov/ebsa/

Employment and Training Administration http://www.doleta.gov/

Mine Safety and Health Administration http://www.msha.gov/

Occupational Safety and Health Administration http://www.osha.gov/index.html

Office of Disability Employment Policy (ODEP) http://www.dol.gov/odep/

Veterans’ Employment and Training Service http://www.dol.gov/vets/

Women’s Bureau – A Voice for Working Women http://www.dol.gov/wb