Regulatory

Authority

YES

NO 

N/A (Not applicable)

Comments

 23 USC 140(a)

23 CFR 230.111(a)

23 CFR 230.111 (d)(1) & (2)

23 USC 140(a) 

Appendix A to Subpart A of 23 

CFR Part 230

23 CFR 230.111

23 CFR 230.113

On-the-Job Training (OJT) Implementation Plan Development Tool 

State DOT:

Web Link:

OJT Plan Purpose, Objective, and Structure

Date OJT Plan was approved by FHWA:

OJT Program Contact: Date of current review:

Program Element

This optional tool may be used by a recipient to develop a comprehensive OJT Program Implementation Plan that responds to the equal employment opportunity and training requirements of 23 

C.F.R. §230. Recipients may revise this tool to account for differences in their OJT Programs. Except for the statutes and regulations cited, the contents of this document do not have the force and 

effect of law and are not meant to bind State DOTs in any way. This document is intended only to provide information and clarity regarding existing requirements under the law or agency policies. Use 

of this tool is strictly voluntary. Nonconformity with or non-use of this tool will not affect rights and obligations under existing statutes and regulations. 

Does the Plan have a link to or an attached organization chart showing staff responsible for OJT 

monitoring?

The State should describe its overall approach to implementing the OJT requirements to achieve its annual 

goal ( e.g., describe a project-based or contractor-based approach). 

Does the Plan include a statement that the OJT requirements are not intended to discriminate against any 

applicant for training or displace workers in contractor's current workforce?

Does the Plan include a statement that the primary objective of the program is training and upgrading of 

minorities, women, and disadvantaged persons toward journey-level status in the construction crafts? A 

best practice is to include in the plan a message from the State DOT CEO expressing support of workforce 

diversity.

Does the Plan expressly prohibit contractors from discriminating in the selection of apprentices and trainees 

on the bases of race, color, sex, and national origin, religion, age, and disability? 

Does the State DOT OJT Plan provide contact information for the representative responsible for OJT 

implementation? 

Does the Plan briefly explain if and how OJT Supportive Services are used, and if funds are tied to the 

OJT Plan?

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23 CFR 230.111

23 CFR 230.111(b)

 Annual and Project Training Goal Implementation

Does the Plan include a method for developing an annual OJT Program goal that is realistic and based on 

relevant information? 

The Plan should list external partners that assist with OJT program delivery. Include both traditional 

partners (contractor associations, DOL, etc.) and non-traditional partners (community groups, colleges 

and universities, etc.)

Page 2 1/19/2022
23 CFR 230.111(b)

23 CFR 230.111(a) and (c)

23 CFR 230.111(f)(1); 

Appendix B to Subpart A of 

23 CFR Part 230

23 CFR 230.111(d) and 

(e)(1); Appendix B to 

Subpart A of 23 CFR Part 

230

23 CFR 230.111(d) and 

(e)(1); Appendix B to 

Subpart A of 23 CFR Part 

230

23 CFR 230.111(d)(4) and 

(e)(2); Appendix B to 

Subpart A of 23 CFR Part 

230

23 CFR 230.111(g)(2); 

Appendix B to Subpart A of 

23 CFR Part 230

23 CFR 230.111(c)(1); 

Appendix B to Subpart A of 

23 CFR Part 230

23 CFR 230.111(c); Appendix 

B to Subpart A of 23 CFR 

Part 230

Procedures for Targeting Minorities, Females and Disadvantaged Persons

Does the Plan describe use of U.S. Census or other demographic data products to determine availability 

of workers in highway construction classifications as compared to FHWA 1392?

A best practice is to conduct underutilization analysis based on the State's construction workforce 

(FHWA 1392) as compared to the availability of minorities, females, and disadvantaged persons in the 

highway construction crafts. Nonetheless, contractors should still be required to recruit and select 

trainees according to their needs, availability, and in consideration of their EEO/affirmative action 

obligations.

Individual Training Programs

While FHWA no longer provides a "suggested" annual goal, consistent with the regulation, a final 

determination regarding the appropriateness of the goal should be made by the FHWA Division Office. 

Does the Plan define USDOL and State approved, bona fide and individually registered programs that 

may be used by contractors without approval from the State DOT or the FHWA Division Administrator?

If any, does the Plan list other individual OJT programs, by job classification, approved by the State 

DOT and the FHWA Division Administrator? 

Does the Plan describe individual training program requirements and procedures for seeking State and 

FHWA approval of other individual OJT programs?

Does the Plan describe the process for selecting projects and determining the number of training 

requirements to be incorporated into the Training Special Provision for each? Or, if contractor-based, does 

the Plan describe the process and considerations for developing trainee goals?

The regulations allow for reduced wages during training programs, but some State DOTs nonetheless 

require Davis Bacon minimum prevailing wages while training (23 CFR 230.111(e)(2)). What does your 

State DOT require to ensure contractors are paying minimum wages at specified intervals?

Many State DOTs do not permit contractor reimbursement while others reimburse contractors at rates 

higher than 80 cents per hour. If applicable, describe how contractors receive/request reimbursement, 

including reimbursement for any offsite training. 

Wages and Contractor Payments

Page 3 1/19/2022
23 CFR 230.111(c)(1); 

Appendix B to Subpart A of 

23 CFR Part 230

23 CFR 230.111(a); 

Appendix B to Subpart A of 

23 CFR Part 230

Appendix B to Subpart A of 

23 CFR Part 230

Appendix B to Subpart A of 

23 CFR Part 230

Appendix B to Subpart A of 

23 CFR Part 230

23 CFR 230.111(f)(1); 

Appendix B to Subpart A of 

23 CFR Part 230

Appendix B to Subpart A of 

Part 230

Appendix B to Subpart A of 

23 CFR Part 230

Appendix B to Subpart A of 

23 CFR Part 230

Appendix B to Subpart A of 

23 CFR Part 230

Appendix B to Subpart A of 

23 CFR Part 230

Appendix A and Appendix B 

to Subpart A of 23 CFR Part 

230; 23 CFR 230.121

23 CFR 230.111(d)

Does the Plan discuss the requirements for contractors to submit periodic progress reports recording 

trainee progress and hours completed?

State DOT's should make available tools and resources to aid contractors in fulfilling the TSP 

requirements with respect to workforce needs, underutilization, and the geographic location of the 

project. Does the Plan contain tools and resources that support contractor efforts to conduct targeted 

recruitment and training in job classifications where there is underrepresentation?

Does the Plan discuss the enrollment (approval) process for each trainee? 

Does the Plan discuss the procedures for trainee terminations, replacements, and GFE regarding the 

same?

Does the Plan define acceptable training and the fulfillment of the TSP requirements (e.g., start date, 

duration, competency/skill development, training program completion, supervision, etc.)? 

TSP Implementation Procedures

Does the TSP clearly state the training requirement (e.g., number of personnel to be trained, 

anticipated training hours to be fulfilled, training programs to be completed, or other measurable 

requirement) that contributes to the accomplishment of the State DOT's annual training goal?

Some State DOTs do not allow the contractor to delegate OJT responsibility to subcontractors. If so, 

does the Plan so state? Or if delegation is allowed, does the Plan discuss controls and contractor 

responsibility for training requirements delegated to subcontractors?

Does the plan include requirements and approval procedures for offsite training used to fulfill any TSP 

requirement?

Do trainee selection/approval procedures include a review to prevent previous OJT participants who 

successfully completed training or achieved journey-level status from participating as trainees in those 

classifications?

In keeping with the objective of the program and the contractor's EEO/affirmative action obligations, a 

best practice is to review the contractor's recruitment efforts with respect to its current/recent 

workforce, a current ratio of apprentices/trainees in each job classification, EEO/affirmative action 

Does the Plan include a pre-construction process for contractors to submit for approval the number of 

trainees, selected work classifications and training programs to be used, including start times where 

appropriate? 

Issuing certificates and holding graduation ceremonies is a best practice that lends credibility to the 

overall program and the training curriculum, and it also provides an opportunity to highlight the 

significance of the OJT Program in terms of providing opportunities and promoting diversity. Does the 

Plan discuss procedures for issuing certificates or holding graduation events upon training program 

completion?

Does the Plan ensure training wages and incremental increases (where applicable) are set forth as part 

of selected training programs, through the application/enrollment process, or anytime before the start 

of training? 

Page 4 1/19/2022
23 CFR Part 230 Subpart D

Appendix B to Subpart A of 

Part 230; 23 CFR 230.409 (g)(4)

Compliance Monitoring, Enforcement, and Reporting

Does the Plan describe procedures for monitoring contractor compliance with the TSP, including 

remedies and sanctions for TSP violations? 

Does the Plan describe the State DOT's process for determining a contractor's good faith efforts (GFEs) 

in meeting the TSP requirements of its contract (e.g., unable to locate trainee, training not completed, 

failure to provide sufficient training under the selected program, etc.)?

Page 5 1/19/2022
23 CFR 230.405; Appendix A 

and Appendix B to Subpart A of 

23 CFR Part 230 

Appendix B to Subpart A of 23 

CFR Part 230; 23 CFR 230.115

23 CFR 230.111(b) and 

230.121

The Plan should describe how FHWA is apprised of OJT program goals and accomplishments. If your 

program has no method of reporting to the Division or program office, consider developing a short 

report focusing on achievement data, e.g., 24 trainees in 10 classifications and the demographic 

breakdown. Does the Plan call for providing FHWA with an annual accomplishment report by January 

30th, including the reasons why the annual goal was not met and action steps to be taken in the next 

year? 

Pursuant to OJT supportive services or otherwise, does the Plan explain how the State DOT tracks 

trainees during work interruptions and provides follow up concerning the employment status of training 

graduates?

Does the Plan describe how the State DOT will monitor and verify contractor performance of the TSP 

requirements, the completion status of trainees (e.g., trainee interviews, payroll reviews, review of 

periodic reports from contractors, etc.)? 

Page 6 1/19/2022