Montana Department of Transportation (MDT) is committed to conducting all of its business in an environment free of discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all discrimination on the basis of protected classes by its employees or anyone with whom MDT chooses to do business.
The Contractor Compliance Program ensures that contractors and subcontractors performing work on Federal-aid highway projects comply with Non-Discrimination and Affirmative Action on covered contracts.
New Reporting Requirement
Starting with the 2022 construction season, contractors are required to complete the Contractor EEO Report. This is a new reporting requirement and will continue each year. The survey contains questions about EEO training your firm provided to your management staff, and the nature of EEO complaints your firm received.
Required Bulletin Board Materials must be posted on all project sites.
- Bulletin boards must be located in areas readily accessible and available at all times to all employees, applicants for employment, and potential employees. Materials may be printed in 8-½” x 11” format and placed in binders for ease of protecting against weather. Acceptable locations include within marked five-gallon buckets, mailboxes, or other containers which can be secured to the ground or a stationary object. Bulletin boards may not be contained within tool trailers or vehicles that do not stay on the project site or are locked outside of work hours.
- Mobile contractors, such as painting or striping contractors, may place bulletin board materials in an unlocked vehicle at the project site.
- Subcontractors may contact their Prime contractor and request to be included in the prime’s bulletin board by adding their EEO Policy Statement.
EEO Policy Statement
All contractors and subcontractors doing work on a Montana Federal-Aid Highway Project, where the prime contract is valued at $10,000 or more, must complete the following form complete a Montana EEO Policy Statement Submission Form (online) and receive their completed EEO Policy Statement from MDT prior to starting work. It must be printed and posted on the bulletin board at each Montana Federal-Aid Highway Project job site.
Even if a company has an EEO Policy, it is a requirement that a company complete the Montana EEO Policy Statement each year that they work on a Montana Federal-Aid Highway Project, unless the company is contracted as a(n):
- Materials Supplier contracted for materials supplies only;
- Engineering Firm or Agent providing engineer consultations only; or
- Architectural Firm or Agent providing architectural services only.
The Montana EEO Policy Statement is required because Montana has an extended list of protected classes greater than the federally identified protected classes. The Montana EEO Policy Statement will not replace any EEO Policy your company already has in place. It is a statement that provides assurances that your Company will not discriminate against any employee or applicant based on his or her membership in any protected class recognized federally or in the state of Montana, while working on Federal-Aid Highway projects in Montana.
MDT Contractors have two reporting requirements.
- FHWA 1391 Annual Workforce Report
Each contractor and subcontractor, where the prime contract is $10,000 or more, must submit the EEO FHWA 1391 Annual Workforce Report to indicate the workforce employed during the last full week the contractor worked in July. The form must be submitted whether work was performed or not. Forms are due by August 31st of each year.
- Annual Contractor EEO Report
Contractors are required to complete the Contractor EEO Report at the end of each season. The survey contains questions about EEO training your firm provided to your management staff, and information about the nature of EEO complaints your firm received.
Please note that MDT staff will validate that your firm completed the report before they can process your EEO Policy Statement submission.
Training Special Provisions / On-the-Job Training (OJT)
Some projects contain a Training Special Provision, or In-the-Job Training (OJT) requirement. The OJT program establishes apprenticeship and training programs targeted to move women, minorities, and disadvantaged individuals into journey-level positions to ensure that a competent workforce is available to meet highway construction hiring needs. It also addresses the historical under-representation of these groups in highway construction skilled crafts.
Projects with OJT requirements will have the requirement outlined in the bid and contract documents.
For training program approval or monitoring of trainees, please see Prevailing Wage/On-the-Job Training (OJT) Compliance.