OFCCP New CSAL Announced

OFCCP Releases 2023 Corporate Scheduling Announcement List

On June 5, 2023, OFCCP released its Corporate Scheduling Announcement List (CSAL), identifying 250 construction contractors and subcontractors for upcoming compliance reviews. The list serves as a courtesy notice, with the actual process beginning when an establishment receives a scheduling letter.

OFCCP outlined their selection methodology, which included:

• Extracting federal construction contracts over $10,000 from relevant databases
• Ensuring specific contract dates
• Excluding contractors already under review or within an exemption period

They prioritized contractors with the highest contract values within specific OFCCP district offices and considered staffing availability.

OFCCP provided an email address for contractors who believe they shouldn’t be on the list. This marks the third construction-specific CSAL since FY 2020.

Contractors should be prepared and remain alert, even if they were on prior CSALs but not yet audited. OFCCP encouraged the use of compliance resources on their website, including:

• FAQs
• Compliance Assistance Guides
• Webinars
• Best practices

The Impact on Construction Industry

The OFCCP’s focus on construction contractors indicates a shift in regulatory attention, partly due to the Infrastructure Investment and Jobs Act (IIJA) of 2021. However, the agency is auditing all government construction contracts over $10,000, regardless of their connection to the IIJA.

This expanded audit scope means that construction contractors should prepare for increased scrutiny. Many contractors might be unfamiliar with affirmative action compliance obligations, as OFCCP has not heavily audited construction companies in the past.

Key preparatory actions for contractors include:

1. Verifying presence on the CSAL list via the OFCCP website
2. Reviewing compliance status against the 16 affirmative action steps in the Construction Contractor Technical Assistance Guide
3. Engaging in diversity recruitment outreach and thorough tracking of applicant demographics

Even if not currently on the list, contractors should regularly audit internal practices to identify and address weaknesses promptly. OFCCP’s investigations can be triggered by employee complaints, making continuous compliance essential.

For listed contractors, the process begins with a scheduling letter initiating the compliance audit. Companies have 30 days to submit required affirmative action materials.”

Consulting legal counsel for gap analysis and compliance readiness under attorney-client privilege can protect sensitive information.

Contractors involved in the Megaprojects Program should expect more frequent and detailed interactions with OFCCP representatives. Preparing for such engagements by participating in EEO meetings and maintaining high compliance standards is crucial.

It’s important to note that contractors should not rely on unions to meet diversity recruitment obligations or inform affirmative action steps. The affirmative action participation goals set by OFCCP are about creating fair employment opportunities across the board.

Photo by bweaver on Unsplash

Compliance and Action Steps

Upon discovering their name on the CSAL, contractors should:

1. Verify their presence on the list through OFCCP’s official website
2. Review the Construction Contractor Technical Assistance Guide and the 16 affirmative action steps
3. Conduct a gap analysis to identify compliance lapses
4. Compile and prepare all affirmative action materials within the 30-day submission window
5. Engage legal counsel with expertise in OFCCP compliance to review practices under attorney-client privilege

Ensure all mandatory affirmative action steps are up to date, including logs of diversity recruitment efforts, applicant demographic data, and internal compliance audits. Address discrepancies early to avoid potential fines or sanctions.

For uncertainties or specific issues, use the provided OFCCP contact email: ofccp-dpo-scheduling@dol.gov.

Contractors should engage in regular self-audits even outside the CSAL’s purview. Monitor compliance readiness and rectify identified gaps quickly to maintain a strong defense against audits or employee complaints.

Companies involved in the Megaprojects Program should prepare for heightened scrutiny and frequent OFCCP interactions. Engage actively in Equal Employment Opportunity meetings and collaborate with unions, diversity recruitment organizations, and other agencies to ensure a compliant and diverse workforce.

Remember: Unionized contractors are still responsible for maintaining compliance with affirmative action obligations. Keep up with diversity recruitment initiatives and track demographic data internally to avoid falling short during audits.

Being proactive and thoroughly prepared safeguards your business against potential non-compliance repercussions and ensures alignment with federal mandates laid out by OFCCP.

1. Office of Federal Contract Compliance Programs. Corporate Scheduling Announcement List (CSAL). U.S. Department of Labor. 2023.
2. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58. 2021.
3. Office of Federal Contract Compliance Programs. Construction Contractor Technical Assistance Guide. U.S. Department of Labor. 2022.