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October 19, 2008 DOL Home > About DOL > 2006 PAR > Strategic Goal 3 |
DOL Annual Report, Fiscal Year
2006 Strategic Goal 3: Quality Workplaces Foster Quality Workplaces that are Safe, Healthy and Fair All workers are entitled to safe, healthy, and fair workplaces. The Department has committed to achieving this goal by promoting practices that minimize safety and health hazards and provide equal opportunities for workers. In recent years, significant progress has been made in these areas. However, rapid technological advances and dynamic workplace environments have changed the nature of work, leading to new challenges for our safety and health mission. DOL promotes equal employment opportunity by enforcing regulations that deal with Federal contracting practices and the reemployment rights of veterans. In recognition of the global nature of labor markets, DOL also promotes respect for internationally recognized core labor standards. Agencies with programs supporting this goal are the Mine Safety and Health Administration (MSHA), the Occupational Safety and Health Administration (OSHA), the Employment Standards Administration (ESA), the Veterans' Employment and Training Service (VETS), and the Bureau of International Labor Affairs (ILAB). The net cost dedicated to Strategic Goal 3 in FY 2006 was $1.114 billion. The first chart below is based on total Departmental costs of $45.328 billion; the second is based on an adjusted net cost of $12.101 billion that excludes the major non-discretionary program costs associated with Strategic Goal 2.21 Net cost dedicated to Strategic Goal 3 in FY 2005 was $1.062 billion. The Department's performance in achieving Quality Workplaces is determined by accomplishment of three broad objectives: Outcome Goal 3.1 Reduce Workplace Injuries, Illnesses, and Fatalities; Outcome Goal 3.2 Foster Equal Opportunity Workplaces; and Outcome Goal 3.3 Reduce Exploitation of Child Labor, Protect the Basic Rights of Workers, and Strengthen Labor Markets. Their results, costs, and future challenges are discussed below. 21The excluded costs are referred to as Income Maintenance unemployment benefit payments to individuals who are laid off or out of work and seeking employment ($31.322 billion) plus disability benefit payments to individuals who suffered injury or illness on the job ($1.905 billion). Outcome Goal 3.1 Reduce Workplace Injuries, Illnesses, and Fatalities Under the provisions of the Federal Mine Safety and Health Act (Mine Act) of 1977 and the Mine Improvement and New Emergency Response Act of 2006 (MINER Act), the Department protects the health and safety of workers in the mining industry. More than 300,000 people work directly in the mining sector, and the mining environment is an inherently hazardous workplace. Critical to the Department's success is an effective blend of enforcement, technical support, and education and training, with compliance assistance as a fundamental ingredient of each. Four performance goals directly measure reductions in workplace injuries, illnesses and fatalities, across general industries and specifically within the mining industry. The Mine Safety and Health Administration (MSHA) and the Occupational Safety and Health Administration (OSHA) strive to improve workplace safety an important part of the Department's mission. OSHA enforces the Occupational Health and Safety Act of 1970 by responding promptly to imminent danger situations; investigating fatalities, catastrophes and worker complaints; enforcing whistle blower rights; and inspecting workplaces. The Department targets inspections and outreach to work sites and industries with the highest injury and illness rates. In addition to workplace inspections, the Department employs a variety of compliance assistance and educational and outreach programs to improve employer health and safety management systems.
Results Summary
The workplace fatality rate decreased slightly, but OSHA had targeted a significant reduction, so the goal was not achieved. Data show that both the number of deaths and the fatality rate have been fairly constant for at least six years. A substantial and disproportionate percentage of deaths still occur in the construction industry. The safety and health goal was achieved. The estimated days away from work case rate equaled its target, continuing a steady four year-decline. Contributing to this success are OSHA's cooperative programs, such as the Voluntary Protection Programs (VPP). In FY 2006, an evaluation of the VPP program concluded that injury rates at the VPP sites declined from the inception of the decision to participate in the VPP through to their full participation.
22In FY 2005, MSHA and OSHA shared performance goals for which costs could not be separated (see next note). Net Cost of Programs Future Challenges OSHA will continue to protect the safety and health of America's workers through a balanced approach utilizing enforcement and compliance assistance. Regulations and standards will continue to be developed or revised under the agency's focused regulatory agenda. DOL will continue to direct inspections and outreach at establishments and industries with the highest injury, illness, and fatality rates and will respond to complaints of serious workplace hazards. Since construction fatalities occur more than six times as often as all workplace fatal incidents, OSHA is addressing the growth in the construction field of immigrant and non-English speaking workers and workers in hard-to-reach work sites via a new Voluntary Protection Program for Mobile Workforce in Construction. OSHA is also further implementing its Enhanced Enforcement Program, which focuses on employers who repeatedly ignore safety and health obligations and targets inspection resources where they can have the greatest impact. Outcome Goal 3.2 Foster Equal Opportunity Workplaces The Department is committed to fostering workplaces that provide equal opportunities to all working Americans. DOL pursues this commitment through two performance goals addressing equality in the workplace. The Employment Standards Administration's (ESA's) Office of Federal Contract Compliance Programs (OFCCP) protects the employment rights of thousands of American workers by enforcing laws and providing compliance assistance regarding equal employment opportunity in companies that do business with the Federal government. DOL's Veterans' Employment and Training Service (VETS) administers the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects the employment and reemployment rights of uniformed service members who encounter barriers in civilian employment related to their service. VETS educates employers and service members about rights established by the law and investigates complaints filed by veterans who believe their rights have been violated.
Results Summary The USERRA goal was not achieved, despite improvement in the comprehensive Progress Index, which measures reduction of violations and meritless complaints. Claims and violations increased, primarily due to continued mobilizations and demobilizations of Guard and Reserve units fighting the War on Terrorism. Claims also increased due to the introduction of a new electronic form that enabled filing via the Internet. The improvement in USERRA performance according to the Progress Index is attributed to a significant reduction of average case processing time. Net Cost of Programs Future Challenges USERRA plans include increasing the quantity and quality of information available on the World Wide Web for both service members and employers. DOL will also continue to work with the Department of Defense and the individual Military Services to maximize the direct delivery of information to Reserve and National Guard members and units. Outcome Goal 3.3 Reduce Exploitation of Child Labor, Protect the Basic Rights of Workers, and Strengthen Labor Markets Today's global economy is having an undeniable impact on the 21st Century American workforce. The well-being of American workers is increasingly tied to international stability, which is in part a function of broad-based economic prosperity. Through its complementary missions of supporting the expansion of free and fair trade and providing technical assistance grants to eliminate exploitive child labor and promote basic rights of workers, the Department's Bureau of International Labor Affairs (ILAB) strives to increase economic well-being around the world. ILAB-supported international technical assistance programs focus on raising living standards through labor and workplace-related interventions. These programs focus on supporting initiatives to combat the trafficking and commercial sexual exploitation of children; promote education in developing countries; increase compliance with labor laws; and fulfill the Department's role in negotiating international trade agreements.
Results Summary DOL did not achieve its goal to improve living standards and working conditions internationally. ILAB projects exceeded expectations for measures to reduce employment discrimination against persons living with HIV/AIDS. However, the target for improving beneficiaries' perception of DOL-funded projects' impact on conditions of work was not reached. Labor law improvement performance was significantly below the target due to measurement changes in one of the compliance projects. Net Cost of Programs
Future Challenges Reduce Mine Fatalities and Injuries Performance Goal 06-3.1A (MSHA) FY 2006 Reduce work-related fatalities and injuries.
Program Perspective and Logic The MINER Act builds upon MSHA's efforts to improve mine safety and calls for the modernization of safety practices and development of enhanced communication technology. It requires each underground coal mine to develop and continuously update a written emergency response plan which includes making available two experienced rescue teams capable of a one-hour response time. Underground coal mines will be required to have wireless two-way communications and electronic tracking systems in place within three years. The MINER Act gives MSHA new enforcement authorities, including the authority to request an injunction to shut down a mine in cases where the mine operator has refused to pay a final MSHA penalty. The Act also raises the criminal penalty cap to $250,000 for first offenses and $500,000 for second offenses, and establishes a maximum civil penalty of $220,000 for flagrant violations of the Mine Safety and Health and MINER Acts. MSHA's performance indicators assess effectiveness of assistance to miners and mine operators in attaining safer workplaces. Incidence rates, which measure the number of fatalities and injuries per 200,000 hours worked by miners, are used by MSHA to report on performance because they reflect not only the number of fatalities and injuries that occur each year but also the amount of time miners are exposed to potential hazards. In establishing performance targets, MSHA considers factors such as the increased demand for coal and the consequent opening of new mines and re-opening of previously inactive sites, which create new work environments and safety challenges. The fatality rate target (.0208) represents an eight percent reduction from the FY 2003 baseline (.0229) and was selected as an ambitious but potentially attainable goal. The all-incidence injury rate is a calculation of all mining injuries and fatalities per 200,000 hours worked at mining facilities. The all injury target represents a 38 percent reduction from the FY 2000 baseline of 5.07. Analysis and Future Plans MSHA initiated comprehensive accident investigations for the incidences at the Sago, Alma, and Darby mines, which will include an evaluation of potential causes and mine operator compliance with health and safety standards. In addition, MSHA issued an emergency temporary standard to strengthen mine safety practices in four key areas: Self-Contained Self Rescue Devices, lifelines, training, and accident notification. The MINER Act of 2006 will build upon MSHA's efforts to improve mine safety nationwide. Future plans include successfully implementing the MINER Act while continuing to remain vigilant in its safety and health efforts. Strong enforcement will be supplemented by helping mine operators understand the law and how to comply with the law's requirements. PART, Program Evaluations and Audits In January 2006, GAO was asked to submit to Congress a statement for the record, MSHA's Programs for Ensuring the Safety and Health of Coal Miners Could be Strengthened (Study 28 in Appendix 2). This statement highlighted findings from a 2003 GAO report on how well MSHA oversees its process for reviewing and approving critical types of mine plans and the extent to which MSHA's inspections and accident investigations help ensure the safety and health of underground coal miners. Revisions to MSHA's corrective actions may result from a GAO follow-up study now in progress. MSHA is developing its response to the GAO recommendation to collect hours by independent contractors at the mine level and to develop a plan to improve services to independent contractors as a part of its plan to implement the MINER Act. Two recent OIG audits addressed MSHA's oversight of its Coal Mine Safety and Health Program. Coal Mine Hazardous Condition Complaint Process Should Be Strengthened (Study 29 in Appendix 2) addressed MSHA's coal mine hazardous condition complaint process and recommended that the process be strengthened. The OIG also issued a Management Letter regarding MSHA's accountability program (MSHA Accountability Program: Coal Mine Safety and Health, Study 30in Appendix 2). Normally, the OIG provides a Management Letter in conjunction with an accompanying audit report. However, the OIG issued this letter in advance of its completed ongoing audit to assist MSHA with the reviews it is currently conducting. To address the letter's one open recommendation, MSHA is drafting a policy memorandum to require that mine visits are included in all Headquarters Reviews and the District Peer Reviews include visits to a percentage of mines selected for review.
Data Quality and Major Management Challenges Ensuring the Safety and Health of Miners is a Major Management Challenge (MMC) for the Department (see item VII in the MMC section of the Executive Summary). MSHA has an initiative in place to replace the mine inspectors who will be retiring in the near future. MSHA has developed and implemented systems that ensure that mine operators and contractors comply with the Mine Act including the Mine Plan Approval Database which enables headquarters to monitor the timely submission and approval of all required and optional plans including critical ventilation and roof control plans; and the Hazardous Condition Complaints Database which tracks hazardous condition complaints from receipt to investigation and resolution for complaints received by online, telephone, written or verbal submissions. Headquarters and district management can monitor daily activities to ensure that complaints which allege imminent danger are followed up with timely field office inspections. 24Certain independent contractors are exempt from reporting employment and injury information if they participate in “low hazard” mining activities as defined by MSHA policy. Non-exempt contractors report employment information for aggregate work locations, not by individual mine site. Reduce Miners' Exposure to Health Hazards Performance Goal 06-3.1B (MSHA) FY 2006 Reduce mining-related illnesses.
Program Perspective and Logic There are two sets of health indicators for this performance goal, including two indicators for coal mines and two indicators for metal and non-metal mines. The coal mine health indicators assess MSHA's performance in reducing miner overexposures to respirable coal mine dust and noise. For the coal mine health program at MSHA, targets are set for decreasing the percent of respirable coal mine dust samples exceeding the applicable standards for designated occupations and the percent of noise samples above the citation level in coal mines. By reducing the number of miner overexposures to coal dust and noise, the future health of the coal miners is better protected. Six years ago, MSHA issued a uniform rule for coal and metal/non-metal mining industries so that all miners, regardless of the commodity in which they work, are protected from occupational noise. The noise standard is performance-based; mine operators can install and implement controls to fit their needs and comply with the provisions of the regulations. The regulation also recognizes the importance of engineering or administrative controls, or a suite of controls, to minimize miners' occupational noise exposures and to achieve compliance. For the metal/non-metal mine program MSHA undertook an internal process improvement for sampling practices of MSHA inspectors. This goal is for the metal/non-metal MSHA inspectors to identify more silica and noise hazards and near hazards in the short term. By finding more areas that need improvement, metal and non-metal mine operators will be provided with appropriate notice and will be able to initiate abatement and personal protective actions and improve health of the miners in this way. Analysis and Future Plans
MSHA reached its target for reducing noise samples above the citation level for coal mines. The U.S. coal mining industry overall has made significant progress in controlling occupational noise since the implementation of the noise rule in FY 2001. Benefits include reduced workers' compensation costs, better running equipment, improved working conditions and productivity, and satisfied employees who do not suffer from hearing loss. Strategies for achieving MSHA's health goals include making the technical support program which applies scientific and engineering solutions to mitigate hazards available to mine inspectors and mine operators. Education and training for the mining industry is also crucial to the reduction of miner illnesses. MSHA will be working to continue to ensure that its training specialists and technical support personnel are readily accessible to the mining industry. PART, Program Evaluations and Audits Data Quality and Major Management Challenges Reduce Occupational Fatalities Performance Goal 06-3.1C (OSHA) FY 2006 Reduce work-related fatalities.
Program Perspective and Logic
External factors affecting performance include changes in the economy and employment, emerging and new technologies, and workforce characteristics. The entirety of OSHA's budget is directed towards achieving the outcomes of reducing workplace fatalities and injuries and illnesses. OSHA helps reduce on-the-job deaths by intervening at the workplaces where it has evidence that fatalities are most likely to occur and by responding to reports about potentially life-threatening workplace hazards. OSHA uses fatality data from its Integrated Management Information System (IMIS) to track fatalities, looking for emerging fatality patterns in order to focus interventions and implement national and local emphasis programs. Using FY 2000-2002 as a baseline, OSHA set a challenging goal to reduce workplace fatality rates by 15 percent by 2008. The FY 2006 target is a nine percent reduction from the baseline and the result is an estimate of the average fatality rate for FY 2004-2006 (see table below). Analysis and Future Plans 25Costs are not shown for OSHA's two performance goals because the same activities contribute to reductions in fatality and injury/illness indicators, i.e., their costs are not separable.
OSHA has been emphasizing the importance of timely input of fatality data both from OSHA's field offices as well as from State plan partners operating their own OSHA programs. OSHA believes that in addition to the benefit of having more accurate and timely fatality data, some of the recent increases to the fatality numbers result from this effort, as a greater emphasis of timely inputting of fatality data into the system. The construction fatality rate is more than six times the fatality rate for all industries. OSHA is addressing the growth in the construction field of immigrant and non-English speaking employees; and employees in hard-to-reach work sites. Fall hazards continue to be an occupational safety issue. The expanding population of mobile workers also requires the agency to think of safety and prevention in a new way. To achieve the targeted reductions in fatalities, OSHA has identified and targeted sectors and hazards that require interventions and has increased its compliance assistance efforts. In FY 2006, OSHA unveiled its Voluntary Protection Programs (VPP) Mobile Workforce Demonstration for Construction. The initiative aims to provide greater flexibility for eligibility, which will enable all qualified employers in the construction industry to apply for VPP without regard for duration of a project or worksite control. By removing some of the barriers found in the traditional VPP, OSHA allows construction companies with mobile workforces to develop alternative safety and health management systems that are shown to provide protections equal to those found at fixed VPP worksites. At the same time, OSHA will have opportunities to explore and test appropriate modifications to VPP that will help bring the benefits of this program to the entire construction industry. Other compliance assistance efforts are paying off. In the last three years, OSHA's trenching initiative, which aims to reduce accidents related to excavation, has shown positive results. These results include greater awareness of trenching hazards through a concentrated outreach effort. The agency is also undertaking a new residential fall protection initiative. Additional efforts include local and special emphasis programs that aim to prevent accidents and illnesses by identifying workplaces in selected geographic regions or industries for inspections and compliance assistance. Also, OSHA continues to implement its Enhanced Enforcement Program, which focuses on employers who repeatedly ignore safety and health obligations. The Enhanced Enforcement Program has been a useful tool to continue to help target inspection resources where they can have the greatest impact. PART, Program Evaluations and Audits In 2006, OSHA conducted an evaluation to determine the efficacy of the development and implementation of its voluntary guidelines (see Evaluation of OSHA Voluntary Guidelines Study 32 in Appendix 2). Prior to this evaluation, employer awareness of specific guidelines was not known, and the extent to which employers used or implemented OSHA voluntary guidelines was not well documented. Evaluation findings are being used to determine future strategies for OSHA voluntary guidelines development and promotion. In a study concluded in April 2006, OSHA Could Improve Federal Agencies' Safety Programs with a More Strategic Approach to its Oversight (Study 31 in Appendix 2), GAO recommended that OSHA implement a more strategic approach to its oversight of safety programs at federal agencies. In response, OSHA has initiated a program for targeted federal agency inspections and efforts are underway to develop an internal tracking system for appealed violations. Also, OSHA is altering its data collection system to ensure regular notification of appeal status. Data Quality and Major Management Challenges Collecting complete and comprehensive data on OSHA's Voluntary Programs is a Major Management Challenge (MMC) of the Department (see item I, Improve Accountability for Performance and Financial Data, in the MMC section of the Executive Summary). While OSHA's voluntary compliance programs appear to have yielded many positive outcomes, much of the agency's data have had limitations. GAO recommended that OSHA identify cost-effective methods of collecting complete and comparable data on program outcomes. In response, OSHA is working to collect more complete and sufficient data on voluntary programs through voluntary program refinements and to develop a new OSHA Information System by September of 2009. Reduce Workplace Injuries and Illnesses Performance Goal 06-3.1D (OSHA) FY 2006 Reduce work-related injuries and illnesses.
Program Perspective and Logic 27Costs are not shown for OSHA's two performance goals because the same activities contribute to reductions in fatality and injury/illness indicators, i.e., their costs are not separable.
External factors affecting performance include changes in the economy and employment, emerging and new technologies, and workforce characteristics. The majority of working men and women in the nation come under the jurisdiction of Federal OSHA or Federally approved State plans (with some exceptions such as miners, transportation workers, some public employees, and the self-employed). OSHA's FY 2006 target of 1.4 days away from work case rate is part of a long-term goal of reducing the rate by 20 percent between FY 2002 and FY 2008. OSHA is committed to working with employers and employees to meet this goal, and is on track to achieve it. OSHA selected both the long-term goal and the annual target because they exceeded previous performance for injury and illness rate reductions, yet OSHA's managers believed that it would be attainable if the agency's injury and illness reduction strategies were successful. Strategies for achieving these goals include a balanced use of strong, fair and effective enforcement, outreach, education and compliance assistance, free and confidential consultation services in all states and cooperative programs. OSHA managers track Federal inspection activity, the number of consultation visits, and new participants in cooperative programs, which include Voluntary Protection Programs (VPP), Strategic Partnerships and Alliances. Analysis and Future Plans PART, Program Evaluations and Audits Data Quality and Major Management Challenges The Survey of Occupational Injuries and Illnesses is a Federal/State program in which employer's reports are collected annually (January 1 through December 31 period) from about 176,000 private industry establishments and processed by State agencies cooperating with the Bureau of Labor Statistics. Survey estimates are based on a scientifically selected sample of establishments. Even though the data that are used for this performance measure include some employers over which OSHA has no jurisdiction and others who have not received OSHA interventions, the data are the best available for representing the impact of the full OSHA program and its influence on increased employer and employee awareness and attention to occupational safety and health issues. OSHA will continue to improve the effectiveness of agency use of available data, with improved targeting serving as the most reasonable, cost-effective means of reducing injuries and illnesses. The agency will continue to expand its capacity to measure the impact of its program on occupational injuries and illnesses in the sectors where it intervenes in a timely way. OSHA is working with a contractor to develop a model that will use information on the impacts of various establishment-level interventions on injuries and illnesses to estimate their larger impact based on the number of interventions. Foster Equal Opportunity Workplaces Performance Goal 06-3.2A (ESA) FY 2006 Federal contractors achieve equal opportunity workplaces.
Program Perspective and Logic OFCCP seeks to ensure that Federal contractors provide equal employment opportunity to all applicants and employees through the fair and effective enforcement of these laws. By continuing to reduce the incidence of discrimination among Federal contractors, OFCCP is able to demonstrate a positive correlation between its targeted enforcement and compliance assistance activities and its performance goal of achieving equal opportunity in Federal contractor workplaces. Budgetary resources are allocated to both enforcement and compliance assistance. Program-related strategies are shaped by the following external trends and factors: the total number of Federal contractors; company acquisitions and mergers; and turnover in the Federal contractor community. Compliance assistance efforts focus on raising contractor awareness of equal opportunity obligations and encouraging self-evaluations. The Compliance Assistance Program provides one-on-one customer assistance and easy-to-access information, including a growing number of resources and tools available online, that teach contractors how to comply with Federal employment laws. Analysis and Future Plans During FY 2006, OFCCP focused on increasing the program's transparency while reducing the burden on the Federal contractor community and other stakeholders. OFCCP continually works to simplify regulations and reduce the information burden on Federal contractors. Since FY 2003, OFCCP has published four final rules and two notices that clarify its regulations. On September 8, 2006, OFCCP published the final rule rescinding the Equal Opportunity (EO) Survey, which failed to demonstrate its value as a tool for selecting contractors for audits. In addition, OFFCP continues to develop its performance and cost information using a logic model. OFCCP has calculated unit costs for program outputs on national, regional, and individual compliance officer basis. The program also identified cost drivers that were most likely to impact the cost of a particular activity. Outputs were selected based on the percentage of their contribution to the performance indicators. OFCCP will continue to provide compliance assistance in an effective and efficient manner with special emphasis on OFCCP's new Internet Applicant record-keeping rule. OFCCP is working to increase the number of compliance assistance seminars and workshops provided to the Federal contractor community. The costs for this performance goal decreased by two percent between FY 2005 and FY 2006; this is considered a minor variance. PART, Program Evaluations and Audits OFCCP continued progress on its PART improvement plan which included recommendations to set more ambitious targets, to review program regulations and requirements to identify areas for improvement, and to continue evaluating and modernizing agency data collection processes. OFCCP used the Departmental strategic planning process as well as completed program evaluations to address each of these recommendations. As noted in the performance analysis, OFCCP established more ambitious long-term targets using FY 2005 as a baseline. As mentioned in the preceding section, OFCCP recently published a final rule rescinding the ineffective EO Survey. By doing so, OFCCP can better direct its resources for the benefit of victims of discrimination, the government, contractors, and taxpayers. OFCCP expects to improve the targeting of contractors engaged in systemic discrimination through more effective mathematical models. In mid-year FY 2006, OFCCP initiated a test to validate recommendations from program evaluations completed in FY 2003 and FY 2005 (A Study to Refine the OFCCP Discrimination Prediction Model Study 33 in Appendix 2) that would improve their ability to select contractors more likely to discriminate for compliance reviews. These evaluations indicated that the predictive power of the U.S. Equal Employment Opportunity Commission's Employer Information EEO-1 Survey and U.S. Census data was only slightly better than selections made at random. In response, OFCCP developed different mathematical models that build upon the recommendations of the prior studies. By the end of FY 2007, OFCCP will begin assessing the effectiveness of these new modeling procedures. OFCCP also implemented a new contractor jurisdiction verification system through the Contracts First initiative, designed to target contractors that had not been reviewed previously and to streamline further the contractor selection process. The initiative also directs more resources toward compliance. OFCCP will continue to use case history information and other databases to enhance the targeting methodology and will explore other statistical methods for identifying predictive relationships in the available data. Data Quality and Major Management Challenges Assist Veterans' Return to Jobs After Military Obligations Performance Goal 06-3.2B (VETS) FY 2006 Reduce employer-employee employment issues originating from service members' military obligations conflicting with their civilian employment.
Program Perspective and Logic Over 50 percent of VETS' staff provide USERRA services, ranging from compliance assistance to employers and protected individuals to investigation of individuals' complaints alleging their rights have been violated. VETS seeks to reduce both employer violations and the filing of meritless complaints by protected individuals. The goal and associated indicators focus on resolving filed claims. Most violations and meritless complaints could be avoided with greater knowledge of the rights and protections established by USERRA. For this reason VETS has an active compliance assistance program directed to employers and members of National Guard and Reserve units to increase knowledge and understanding of USERRA's key provisions. The two external factors having the greatest impact on achievement of this goal are the economy and increases in military active duty periods. Both of these factors cause more service members to face difficulties associated with their civilian employment or reemployment. While the economy remains steady, the U.S. war effort continues to increase Guard and Reserve active duty by significant numbers a trend that will likely increase USERRA activity. Goal achievement is measured using a comprehensive Progress Index that demonstrates reduction of violations and meritless complaints by consolidating indicators of cases and assistance (non-case-related contacts) using weights for each element that are determined by service priorities. It consists of seven compliance indicators and one assistance indicator. The compliance indicators are 1) Number of Guard/Reserve de-mobilized per USERRA claim filed by Guard/Reserve; 2) Number of Guard/Reserve de-mobilized per USERRA claim filed by Guard/Reserve in primary issues; 3) Number of USERRA violations; 4) Number of USERRA violations in primary issues; 5) Number of meritless USERRA claims; 6) Number of meritless USERRA claims in primary issues; and 7) Average days cases remain in VETS jurisdiction. The assistance indicator is Number of USERRA assistance contacts per Guard/Reserve mobilized and de-mobilized. Other Federal agencies that process USERRA claims are outside the scope of VETS' Progress Index: the Employer Support of the Guard and Reserve an agency in the Department of Defense, and the U.S. Office of Special Counsel, which is conducting a USERRA demonstration project that is testing an alternate way of handling USERRA complaints filed by Federal employees. Costs associated with this goal did not change significantly between FY 2005 and FY 2006. Analysis and Future Plans Both compliance and assistance efforts will continue to focus on National Guard and Reserve components because since FY 1997, they have been the source of 82 percent of all USERRA claims. This has been even more the case in recent years; in FY 2005, for example, Guard/Reserve claims accounted for 85 percent of the total. VETS expects this trend to continue and possibly increase due to mobilizations/demobilizations relating to the War on Terrorism. PART, Program Evaluations and Audits Two other GAO studies of USERRA initiated during FY 2006 one examining the USERRA Demonstration Project for Federal employer claims under the Veterans' Benefits Improvement Act of 2004 and another analyzing reemployment challenges faced by Guard and Reserve members are expected to conclude during FY 2007. Data Quality and Major Management Challenges Reduce Child Labor in Developing Countries Performance Goal 06-3.3A (ILAB) FY 2006 Contribute to the elimination of the worst forms of child labor internationally.
28In FY 2005, the indicator only reflected children withdrawn or prevented from the worst forms of child labor for USDOL-funded ILO-IPEC programs only. Program Perspective and Logic ILAB measures the progress of all of its technical cooperation projects on two levels: community-based direct interventions benefiting individual children and families and country-level activities to build institutional capacity and strength. ILAB establishes its annual targets for its indicators through close consultations with grantees and analysis of baseline information, individual project targets, past performance and external factors. For FY 2006, Congress appropriated $61 million to ILAB's child labor program. Seventy-eight percent of the funds directly contributed to ILAB's two performance indicators described above. Remaining funds contributed to ILAB's performance goal indirectly through administration and oversight funds, including child labor research and reporting. Various external factors influence ILAB's targeted outcomes, such as the implementing environment of developing countries. ILAB-funded projects work in countries with diverse political, social, and economic environments. Civil unrest, natural disasters, economic shocks, frequent changes in governments, and poor infrastructure may also impact the progress of project implementation. Costs for this performance goal increased by 28 percent between FY 2005 and FY 2006, primarily due to lags in obligating funds at the project level. Child labor projects are usually four years in length and the obligation of project funds generally increases after a one year start up phase.
Analysis and Future Plans In FY 2006, 236,787 children were removed or prevented from exploitive work through the provision of education or training opportunities in ongoing ILO-IPEC and EI programs funded by DOL, exceeding the target of 178,000 children. Since 1995, DOL-funded ILO-IPEC and EI projects have removed or prevented approximately 860,000 children from exploitive work and given them meaningful alternatives to child labor. Preventing and withdrawing children from the worst forms of child labor in the long-term depends on a country's willingness and ability to address the issue and sustain the efforts even after projects end. In FY 2006, DOL-funded ILO-IPEC and EI programs increased the capacity of 53 countries to address child labor, exceeding its target. Increasing capacity to address child labor is defined by a country's legal framework, public policy, and monitoring of child labor. One example of a country that increased its capacity to address child labor is Benin, where in coordination with DOL funded ILO-IPEC and Catholic Relief Services projects, the government of Benin signed anti-trafficking legislation into law on January 30, 2006. Further, with assistance from the same projects, the Government of Benin signed a Multilateral Cooperation Agreement to Combat Trafficking in Persons, Especially Women and Children in West and Central Africa on July 7, 2006. Another example of a country that has increased its capacity to address child labor is Peru, where, the first National Plan for the Prevention and Eradication of Child Labor, with emphasis on the worst forms, was approved by the Government in Supreme Decree No. 0800-2005 and published on September 30, 2005. While ILAB is adding indicators to measure its research, reporting and policy functions, the child labor indicators will remain unchanged in FY 2007. PART, Program Evaluations and Audits In response to the PART finding and accompanying recommendation, ILAB received funding from the Department for a comprehensive study to assess its technical assistance program, effectiveness and sustainability. In FY 2006, the external evaluator analyzed project documents from 29 technical assistance projects. ILAB, with other U.S. Government agencies, is also currently involved in two GAO studies. The first is a review of U.S. agencies' funding and implementation strategies of international basic education programs, initiated in response to a congressional mandate contained in Public Law 109-102, Section 567. At the end of the year, the GAO will have visited ILAB's child labor projects in nine countries. The second study conducted by GAO assessed the efforts of U.S. Government agencies to combat trafficking in persons. DOL's efforts on trafficking, including planning, funding, and monitoring of trafficking programs were reviewed. At ILAB's request, the Office of the Inspector General (OIG) audited the Jesus Cares Ministries (JCM) EI project. JCM is a first-time Federal government grantee and a local, Zambian faith-based organization working to eliminate exploitive child labor. The OIG assessed JCM's compliance with US and DOL regulations and policies and helped the organization to increase its capacity to manage Federal grant funds. ILAB is also implementing an efficiency measure to demonstrate its cost effectiveness in withdrawing or preventing children from exploitive child labor. ILAB is implementing its efficiency measure within its technical cooperation projects by requiring all project proposals for new grants in FY 2006 to meet its efficiency target. For example, project proposals of $5 million must provide direct services for the withdrawal or prevention of at least 8,600 children involved in the worst forms of child labor in order to meet ILAB's efficiency target. Data Quality and Major Management Challenges To further ensure the quality and accuracy of its performance indicator data, ICLP continues to work in consultation with the OIG and an accounting firm to conduct independent audits of its technical assistance projects. These audits examine grantees' financial reporting, compliance with federal and DOL grant rules and regulations, and verify the accuracy of project-level performance data. ILAB scheduled 12 project-level audits in FY 2006 and an additional 19 audits are scheduled for FY 2007. A summary of the audit reports are available on the ILAB Web site at http://www.dol.gov/ILAB/grants/main.htm, and copies of the individual reports are available upon request. Improving Life for Workers Around the Globe Performance Goal 06-3.3B (ILAB) FY 2006 Improve living standards and conditions of work internationally.
Program Perspective and Logic Various external factors influence ILAB's targeted outcomes, particularly the implementing environment of developing countries. ILAB-funded projects work in countries with diverse political, social, and economic environments. Civil unrest, natural disasters, economic shocks, frequent changes in governments and poor infrastructure may also impact the progress of project implementation. In FY 2006, the achievement of targeted results was influenced by political instability in Nepal and the Philippines. The earthquake in Pakistan also influenced performance, as it prevented field staff from continuing planned activities. The first two indicators for this performance goal support the President's International Trade Agenda and the final indicator gauges performance of projects that support the President's Emergency Plan for AIDS Relief (PEPFAR) by promoting HIV/AIDS prevention education programs in the workplace. These indicators measure the achievement of the long term objective to improve the life of workers worldwide through international technical assistance projects. The results indicated above derive from activities financed by previously allocated project funds in the past five years. ILAB establishes its indicators for this goal through close consultations with grantees, analysis of baseline information, and past performance. ILAB will add indicators to measure its research, reporting, and policy functions in FY 2007. Costs associated with this performance goal decreased by 30 percent between FY 2005 and FY 2006 due to closing out of ongoing international technical assistance projects. 29Subsequent to publication of the FY 2006 President's Budget, two measures were discontinued. Due to shifting priorities and premature closing of project activities, it became apparent that ILAB would receive incomplete data to support the performance measurement, "percent of targeted individuals whose economic situation has benefited from DOL project assistance." The second measurement, "number of targeted workers reporting a reduction in HIV/AIDS risk behaviors," was no longer realistic given its complexity (estimating risk across generations) and de-emphasis in projects to which the indicator applied. Analysis and Future Plans
ILAB did not achieve its target measuring the anticipated percentage of project beneficiaries who considered a DOL-funded project to have improved their conditions of work due to the changing portfolio of ILAB projects. In the past year, many ongoing technical assistance projects closed out. The remaining projects primarily support free trade initiatives. It is much more difficult for project activities to have an impact on the beneficiaries in their individual workplaces when the projects are now primarily working with stakeholders at the ministerial level. The number of workers benefiting from improved labor inspections was just 38 percent of the target due to a data collection and methodology problem in one of the largest projects. ILAB is working with the project implementer to improve the data collection methodology and will adjust the target for this indicator for FY 2007. In FY 2006, the Bureau focused on providing oversight, monitoring and closing out remaining non-Child Labor technical assistance projects and supporting the President's Trade Initiative and the PEPFAR. From the US Department of State, ILAB received $12 million in additional funding to implement projects and activities in support of the Dominican Republic - Central America - United States Free Trade Agreement and $744,050 in support of HIV/AIDS Education in the Workplace activities in Haiti and Guyana. The Department of State also provided $1.5 million in funding to ILAB to continue activities in Ukraine to support the Mine Safety and Health project and $500,000 to fund activities in Morocco, Oman, and Bahrain as part of the Middle East Partnership Initiative. PART, Program Evaluations and Audits ILAB is implementing two efficiency measures to demonstrate its cost effectiveness in improving labor law compliance in host countries through improved labor inspections and in improving HIV/AIDS policies and programs in host countries. In the first 6 months of FY 2006, workers benefited from improved labor inspections for $0.53 per worker and workers benefited from improved HIV/AIDS policies and program in host countries for $2.29 per worker. Together with other U.S. Government agencies, ILAB was involved in a GAO study to assess ways of enhancing US international efforts to combat the trafficking of persons. As part of the study, ILAB's efforts to reduce trafficking including planning, funding, and program documents were reviewed. Data Quality and Major Management Challenges |
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