Today OFCCP published two proposed new “information collection” documents that the agency intends to use in its enforcement activities. Both pertain to the revival of the long-dormant “compliance check,” a form of audit in which the primary question is whether and to what extent the contractor has complied with OFCCP’s recordkeeping requirements.

As many federal contractors are already aware, OFCCP’s most recent supply and service audit list now indicates the type of audit OFCCP intends to perform, including traditional establishment reviews, headquarters reviews, functional reviews, the new 503-focused review, and the long dormant “compliance check.” Late last year, OFCCP obtained authorization to begin using a special compliance check scheduling letter for supply & service contractors. The agency is now soliciting public comment regarding compliance check scheduling letters for construction contractors.

OFCCP has proposed two different construction compliance check scheduling letters. Under the current proposal, all construction contractors would be asked to provide personnel and payroll records for all construction trade employees working in the statistical or economic area selected, along with examples of job advertisements and documentation regarding accommodation requests. Construction contractors with direct federal contracts would also be asked to provide copies of their current Section 503 (disability) and VEVRAA (veteran) AAPs. Contractors with only federally-assisted construction contracts are exempt from the 503/VEVRAA AAP requirements.

OFCCP is accepting public comments on the proposed letters until June 7, 2019, after which the agency will review the comments, make any necessary changes, and submit the documents to the White House Office of Management and Budget for final approval. Once approved, OFCCP can begin scheduling compliance checks for construction contractors.