123:2-3-02. Establishment of Affirmative Action Programs

(A) Contractors and subcontractors with fifty or more employees and a contract of fifty thousand dollars or more must establish an affirmative action program. Contractors and subcontractors are required to exert every good faith effort to accomplish the goals of an affirmative action program. Contractors and subcontractors may obtain an acceptable affirmative action program by either of the following methods:

(1) Contractors and subcontractors may adopt the following state percentage goals for minority utilization work hours. The goals are listed as the proportion of minority workhours to the contractor's or subcontractor's total workforce hours, for all state and non-state construction projects, during the performance of the state contract. The minority work hours are provided by trade and designated geographic area. Where the project is not in one of the designated geographic areas, the contractor or subcontractor may adopt the minority utilization goals of the nearest designated geographic area. The goals are project specific based upon the location of the project site. Contractor's and subcontractor's good faith efforts shall not be determined solely by the contractor's or subcontractor's accomplishment of the utilization work hour goals.

(a) Akron Cincinnati

Asbestos workers 10.0 % Asbestos workers 9.0 %

Boilermakers 10.0 % Boilermakers 9.0 %

Bricklayers 10.0 % Carpenters 10.0 %

Electricians 10.0 % Elevator constructors 11.0 %

Elevator constructors 10.0 % Floor layers 10.0 %

Glaziers 10.0 % Glaziers 10.0 %

Ironworkers 10.0 % Lathers 10.0 %

Lathers 10.0 % Marble, tile & terrazzo

Operating engineers 10.0 % Workers & helpers 8.0 %

Painters 10.0 % Millwrights 10.0 %

Plasterers 10.0 % Operating engineers 11.0 %

Plumbers 10.0 % Painters 11.0 %

Roofers 10.0 % Pipe fitters 11.0 %

Sheet metal workers 10.0 % Plasterers 10.0 %

Other trades 10.0 % Plumbers 11.0 %

Sheet metal workers 11.0 %

Other trades 11.0 %

Columbus Cleveland

Asbestos workers 10.0 % Asbestos workers 17.0 %

Boilermakers 10.0 % Boilermakers 10.0 %

Bricklayers 10.0 % Carpenters 16.0 %

Carpenters 10.0 % Electricians 20.0 %

Cement masons 10.0 % Elevator constructors 11.0 %

Electricians 10.0 % Glaziers 17.0 %

Elevator constructors 10.0 % Ironworkers 13.0 %

Glaziers 10.0 % Operating engineers 10.0 %

Ironworkers 10.0 % Painters 17.0 %

Lathers 10.0 % Pipe fitters 17.0 %

Operating engineers 10.0 % Platerers 20.0 %

Painters 10.0 % Plumbers 17.0 %

Plasterers 10.0 % Roofers 17.0 %

Plumbers & pipe fitters 10.0 % Other trades 17.0 %

Roofers 10.0 %

Sheet metal workers 10.0 %

Other trades 10.0 %

Dayton Youngstown-Warren

Asbestos workers 11.0 % Asbestos workers 9.0 %

Boilermakers 11.0 % Bricklayers 9.0 %

Carpenters 11.0 % Carpenters 9.0 %

Electricians 11.0 % Electrical workers 9.0 %

Elevator constructors 11.0 % Elevator constructors 9.0 %

Ironworkers 11.0 % Floor mechanics 9.0 %

Lathers 11.0 % Glaziers 9.0 %

Operating engineers 11.0 % Lathers 9.0 %

Painters 11.0 % Operating engineers 9.0 %

Plumbers 11.0 % Painters & decorators 9.0 %

Sheet metal workers 11.0 % Plumbers & pipe fitters

Other trades 11.0 % and steam fitters 9.0 %

Millwrights 11.0 % Sheet metal workers 9.0 %

Other trades 9.0 %

Teamsters & chauffeurs 9.0 %

Ironworkers 9.0 %

Tile marble & terrazzo 9.0 %

Helpers & workers 9.0 %

Toledo

Asbestos workers 9.0 %

Boilermakers 9.0 %

Carpenters 9.0 %

Electricians 9.0 %

Elevator constructors 9.0 %

Glaziers 9.0 %

Ironworkers 9.0 %

Lathers 9.0 %

Operating engineers 9.0 %

Painters 9.0 %

Plumbers 9.0 %

Sheet metal workers 9.0 %

Other trades 9.0 %

(b) Contractors and subcontractors that do not meet the state utilization work hour goals must implement and demonstrate a good faith effort to make the following state specific affirmative action steps work toward the accomplishment of the state's utilization work hour goals.

(i) Maintenance of a file of minority and women job applicants and the action taken regarding each applicant, including the reasons therefore.

(ii) Notification to the contracting agency of any labor union practice that impedes the equal employment of minorities and women, including the union's failure to refer minority and women applicants back to the contractor or subcontractor after the contractor's or subcontractor's referral of the applicant to the union.

(iii) Publication and implementation of an equal employment opportunity policy within the contractor's organization.

(iv) Evaluation of contractor's or subcontractor's employment practices, including job classifications, promotions, recruitment and seniority designations, for discriminatory impact.

(v) Maintenance of records detailing contractor or subcontractor efforts to recruit minorities and women.

(vi) Participation in community training programs designed for minorities and women.

(vii) Solicitation of subcontracts with minority and women contractors and/or subcontractors, including contracts for supply purchases.

(2) Contractors and subcontractors may submit for approval by the contracting agency the contractor's or subcontractor's own affirmative action program developed in conformity with rule 123:2-3-04 of the Administrative Code, either with the contractor's bid or prior to the submission of bids. Contractor's and subcontractor's good faith efforts shall not be determined solely by the contractor's or subcontractor's accomplishment of the utilization work hour goals.

(B) Where a contractor's or subcontractor's contract for a state public works contract exceeds an estimated total cost of five hundred thousand dollars and the contract site is within a designated geographic area, the contractor or subcontractor, regardless of the number employees employed by the contractor or subcontractor, is subject to the rules and regulations set forth in Chapter 123:2-3 to 123:2-9 of the Administrative Code for all state and non-state construction projects within the designated geographic area.

(1) Contractors and subcontractors may obtain an acceptable affirmative action program in accordance with paragraph (A) of this rule.

(2) Where the provisions of this subsection apply, notice shall be provided in the invitation to bid.

(C) All affirmative action programs, whether the contractor or subcontractor adopts the state affirmative action program or develops the contractor's or subcontractor's own affirmative action program, must include the separate utilization work hour goal for women contained in rule 123:2-3-05 of the Administrative Code.

(D) Contractors and subcontractors shall inform subcontractors with fifty or more employees and a contract of fifty thousand dollars or more or a contract that exceeds an estimated total cost of five hundred thousand dollars and the contract site is within a designated geographic area of the requirement to comply with the rules and regulations set forth in Chapters 123:2-3 to 123:2-9 of the Administrative Code. Contractors and subcontractors shall not contract with any subcontractor that has been found to be not responsible for state contracts pursuant to rule 123:2-07-01[123:2-7-01] of the Administrative Code. A contractor's or subcontractor's failure to comply with this requirement shall provide a basis to invoke any of the sanctions set forth in rule 123:2-7-01 of the Administrative Code against the contractor or subcontractor.

Eff 6-9-75; 1-18-85; 1-14-96
Rule promulgated under: RC 119.03 review dates: 3/1/2002
Rule authorized by: Executive Order of 1/27/72 and The Black Elected Democrats of Ohio, et al. v. Richard F. Celeste, Governor, the State of Ohio, et al. (3/18/88), S.D. Ohio No. C2-82-1198, unreported.
Rule amplifies: RC 153.08, 153.59, 153.591
Replaces: Parts of former 123:2-3-01 and 123:2-3-05