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November 4, 2008 DOL Home > About DOL > Annual Report 2004 > Strategic Goal 3 |
DOL Annual Report, Fiscal Year 2004 Strategic Goal 3: Quality Workplaces Foster Quality Workplaces that are Safe, Healthy and Fair All workers are entitled to safe, healthy, and fair workplace environments. DOL has committed to achieving this goal by promoting work sites where safety and health hazards are minimized, and where working people have equal opportunities and are treated fairly. Significant progress has been made in protecting workers from occupational safety and health threats. In the past thirty years, workplace fatalities have been cut in half and occupational injury and illness rates have declined forty percent. However, rapid technological advances and dynamic workplace environments have changed the nature of work, leading to new health and safety issues. DOL promotes equality and fair play through its administration of anti-discrimination and equal employment opportunity regulations that deal with Federal contracting practices, jobs and training services for disabled workers, and the employment/reemployment rights of veterans. DOL has also recognized and addressed the increasing importance of ensuring respect for internationally recognized core labor standards. Agencies with programs supporting this goal are the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration (MSHA), the Employment Standards Administration (ESA), the Office of the Assistant Secretary for Administration and Management (OASAM), the Veterans' Employment and Training Service (VETS), and the Bureau of International Labor Affairs (ILAB). The Department's performance in achieving this goal is determined
by accomplishments organized at the outcome goal level and measured at
the performance goal level. Three broad objectives Outcome Goals
3.1, 3.2 and 3.3 support Strategic Goal 3, and they contain eleven
performance goals (see table below). In FY 2004, the Department achieved
eight of these goals, and in so doing marked the following improvements
in working conditions: mining fatality incidence and the all-injury incidence
were the lowest recorded in MSHA's history; occupational fatalities
were the lowest ever recorded by the fatality census; evaluated Federal
contractors' compliance
with non-discrimination laws exceeded 90 percent; and, in developing countries,
DOL-funded programs protected thousands more children from exploitive
labor and introduced HIV/AIDS workplace education.
The following charts illustrate DOL's strategic goal net costs in FY 2004, with Quality Workplaces shares set apart. The first allocates total Departmental costs of $56.676 billion; the second allocates an adjusted net cost of $11.102 billion that excludes major non-discretionary items associated with Strategic Goal 2.18 Net costs of this goal in FY 2003 were $0.992 billion. The outcome goals and programs listed above, along with their results, costs, and future challenges are discussed in more detail on the following pages. 17OSHA is reporting on three years' performance for its occupational
injury and illness goal, 3.1D. Results are combined in this table. Outcome Goal 3.1 Reduce Workplace Injuries, Illnesses, and Fatalities The Department strives to help make American workplaces the safest in the world. Through the efforts of the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA), the Department has sought to instill a commitment to workplace safety and health in both employers and the public at large. These two DOL agencies are changing their relationships with employers for the better. Building on a foundation of strong and fair enforcement, OSHA and MSHA also provide employers with outreach, education and compliance assistance, as well as opportunities to join with them in partnerships and other cooperative programs. Additionally, they have increased the availability of compliance assistance. OSHA has deployed compliance assistance specialists in every area office and funded free onsite consultation to small businesses in every state. More compliance assistance resources are available from OSHA than ever before, including a toll-free compliance assistance telephone line, training courses, and an award-winning website that includes safety and health information bulletins, interactive software packages and two new features that allow visitors to personalize the site and navigate more easily. MSHA now conducts mine inspections with a focus on improving performance and the availability of assistance from training specialists and technical support personnel to the mining industry. MSHA has achieved success through developing strategic partnerships with unions, associations, and State governments. These partnerships foster the sharing of expertise and best practices between MSHA, states, safety professionals, and mine operators. Nationwide, mine operators and miners are provided with compliance assistance, accident reduction, and hazard recognition training materials during the course of MSHA's regular inspections. In addition to onsite compliance assistance, web-based compliance assistance tools are continually being developed and enhanced. DOL's workplace safety and health agencies continually improve internal efficiency and effectiveness through strategic planning that addresses safety challenges of the 21st century workplace. Both agencies have five-year strategic plans that institutionalize the methods and processes they will use to move toward further reductions in workplace injuries, illnesses and fatalities. Part of their planning is to determine which strategies lead to the biggest return on investment to better focus their efforts and their resources. The performance goals related to this outcome goal directly measure reductions in workplace injuries, illnesses and fatalities, across general industries and specifically within mining.
Net Cost of Programs
Results Summary In the mining industry, under the mandate of the Mine Safety and Health Act, the fatality and all-injury safety goal was not achieved based on FY 2004 third quarter data. While the fatality incidence rate of .0163 per 200,000 work hours reached the 3.1 percent reduction target, the all-injury incidence rate result of 3.97 per 200,000 work hours did not meet the 23.7 percent reduction target. The mining health goal to reduce exposures to coal dust, silica dust, and noise was achieved. Coal dust overexposures were reduced to 10.5 percent, silica dust overexposures were reduced to 5.9 percent, and noise overexposures were reduced to 4.2 percent. For those sectors under the Occupational Safety and Health Act, the fatality rate of 1.67 fatalities per 100,000 employees did not meet the target rate of 1.57. The results of the goal to reduce occupational injury and illness rates that cover three reporting years are presented concurrently in this report due to a data lag. For FY 2004 the goal was met with a result of an 11.1 percent rate reduction vs. the target of four percent. The FY 2003 the rate reduction of 5.6 percent also exceeded the target of two percent. The FY 2002 goal to reduce injuries and illnesses by ten percent from the previous year's rate in four industries characterized by high hazard workplaces was not achieved. Future Challenges The Department is also continuing to focus on the most hazardous industries and occupations and to identify emerging safety and health issues. For example, construction and small metal and nonmetal mines have a disproportionate rate of accidents and fatalities and new fibers and ultra-fine particulates need to be monitored for their health risks. To meet current and future challenges, OSHA and MSHA are looking to increase their outreach, assistance, and cooperative programs so that voluntary compliance backed up by strong and fair enforcement ensure that each worker returns home safe and healthy at the end of the work day. Reduce Mine Fatalities and Injuries Reduce the mine industry fatal injury incidence rate by 15% from the FY 2003 baseline by FY 2008, and reduce the mine industry all-injury incidence rate 50% below the FY 2000 baseline by FY 2008. Indicators Reduce by 24.2% the all-injury incidence rate. Program Perspective Results, Analysis and Future Plans Through the third quarter of FY 2004, accidents in the Nation's mines claimed the lives of 35 workers 17 coal miners and 18 metal/nonmetal miners. In addition, there were 3,644 injuries in coal mines and 4,889 injuries in metal/nonmetal mines. In terms of overall injury rates, both the fatal incidence rate of .0163 and the all-injury incidence rate of 3.97 are the lowest recorded in MSHA history. Similarly, both coal and metal/nonmetal fatality and injury rates reached historic lows. MSHA's program strategies for FY 2005 should be viewed within the context of the aggressive nature of our goals and record-setting lows for mining deaths and injuries in both FY 2003 and FY 2004. Therefore, MSHA's strategies going forward will be a continuation of what has been successful while taking advantage of new opportunities to build upon past success. 19Performance results for this goal are estimated. The estimating methodology has been reviewed by the Department of Labor's Office of Inspector General. The actual performance results for this goal will be published in the FY 2006 Budget.
Key to further reductions in deaths and injuries will be continued work with the mining industry and safety organizations. In this regard, MSHA will continue to leverage and extend its strategic partnerships. For example, in FY 2004 MSHA signed two more Alliance Agreements - with the International Union of Operating Engineers and with the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers. The purpose of these agreements is to promote the sharing of expertise and best practices between MSHA, safety professionals, and mine operators to foster a culture of accident prevention where safety is embraced as a value. MSHA will also continue to work with State governments in partnerships such as the Tri-State Initiative, which focuses on Appalachian coal mining areas in West Virginia, Virginia, and Kentucky, which are historically responsible for the bulk of coal mining fatalities. The Tri-State Initiative is just one example of MSHA integrating its enforcement and compliance assistance activities. Nationwide, mine operators and miners are provided with compliance assistance, accident reduction, and hazard recognition training materials during the course of MSHA's regular inspections. In addition to onsite compliance assistance, web-based compliance assistance tools are continually being developed and enhanced. These include website links to accident prevention ideas from miners, industry, and MSHA officials, and web-based newsletter services for stakeholders which provide instant notification of mining fatalities, hazard alerts, and other safety and health related news. Management Issues Going forward, high costs and limited supplies of oil and natural gas into the foreseeable future will result in a higher demand for coal mining. Higher coal prices and increased profit margins will push operators to begin new, expand, or resume mining operations and lead to competitive pressures to increase production while containing costs, including those costs associated with mine safety. Mines also face an aging workforce and replacement of skilled workers with inexperienced workers who are at higher risk of having accidents that cause injury. During FY 2004, the General Accounting Office issued its report MSHA Devotes Substantial Effort to Ensuring the Safety and Health of Coal Miners, but Its Programs Could Be Strengthened (Study 12 in Appendix 2), which comprised a programmatic review of certain MSHA operations and recommendations to improve program performance. Also, the Office of Management and Budget (OMB) conducted a Program Assessment Rating Tool (PART) review of MSHA in conjunction with the FY 2005 budget. MSHA received a rating of Adequate. Reduce Miners' Exposure to Health Hazards Reduce respirable coal dust, silica dust, and noise exposures Indicators Reduce the percentage of silica dust samples in metal and nonmetal mines exceeding the applicable standards by 5% for high-risk occupations; and Reduce the percentage of noise exposures above the citation level in all mines by 5% Program Perspective Major health hazards to miners include black lung disease, and silicosis. These are disabling and eventually fatal respiratory diseases caused by exposure to excessive amounts of respirable coal and silica dust. In addition, noise exposure above regulatory standards can cause permanent hearing loss. Although the incidence of black lung and silicosis disease has declined over the years, the elimination of black lung disease, silicosis, and hearing loss remains a Departmental priority. Because these conditions develop gradually after repeated exposures, determining the rate at which miners are overexposed to coal dust, silica dust, and noise is a proxy measure of future miner health. Reducing miner overexposures therefore contributes to MSHA's longer term objective of a reducing the incidence of black lung disease, silicosis and hearing loss. In developing this goal, MSHA targeted five percent annual reductions of overexposures. Experience has shown that these five percent reductions per year, from historical baselines, were not aggressive enough and MSHA plans to update baselines in future years so that a five percent target is appropriately ambitious.
Results, Analysis and Future Plans
As discussed above, results for all indicators Samples Exceeding Noise Standard have greatly exceeded MSHA's expectations over the last two years for coal and silica dust 10% and over the last three years for noise. To 9% establish more ambitious targets, new 8% baselines will be developed for use in FY 2005. While targeted reductions for overexposures will remain at five percent, new baselines will incorporate the substantial reductions in overexposures already achieved. In addition, MSHA will review sampling procedures to ensure that the samples taken by inspectors are commensurate with ongoing 1% mining activity where miners are normally at 0% highest risk of overexposure. Management Issues During FY 2004, the General Accounting Office issued its report MSHA Devotes Substantial Effort to Ensuring the Safety and Health of Coal Miners, but Its Programs Could Be Strengthened (Study 12 in Appendix 2), which comprised a programmatic review of certain MSHA operations and recommendations to improve program performance. Reduce Workplace Fatalities Reduce occupational fatalities Indicator Program Perspective Nearly every working man and woman in the nation comes under OSHA jurisdiction (with some exceptions such as miners, transportation workers, many public employees, and the self-employed). OSHA set a challenging goal to reduce workplace fatality rates by 15 percent by 2008. OSHA selected this goal because it exceeds the previous five year fatality rate reduction, but is attainable. 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 on a monthly basis, looking for emerging fatality patterns (such as trenching cave-ins) and taking corrective actions. Results, Analysis and Future Plans
20For this goal the baseline is the average fatality rate for July 2000 – June
2002 and the result is the average fatality rate for July 2002 – June
2004. Analysis of the IMIS fatality data suggests that the increase in the fatality rate since FY 2000 may reflect OSHA's improvements in managing fatality data, rather than more dangerous workplaces. In response to OSHA initiatives, some states have been entering fatality investigation information into IMIS for an increasing proportion of fatalities they inspect. This increases the count of fatalities recorded in IMIS, even though the number of inspected deaths in those states has actually decreased. In other states, where the proportion of inspected fatalities with entered fatality investigation forms has remained consistent, the fatality rate actually declined every year between FY 2000 and FY 2004.
OSHA is implementing aggressive strategies aimed at preventing future fatalities and achieving the goal of a 15% reduction by 2008. The construction fatality rate is more than five times the total fatality rate. OSHA is addressing the growth in the construction field of immigrant and non-English speaking workers; and hard-to-reach workers. Emerging issues include fall hazards from wireless communications and HDTV tower construction, noise in construction, and the expanding population of mobile workers. To achieve the targeted reductions in fatalities, OSHA will adopt a dynamic approach to identifying and targeting sectors and hazards that require interventions. For example, OSHA's Construction Directorate analyzed fatalities involving cranes, falls from roofs and trenching. The Construction Directorate plans to share their findings with the construction industry to assist construction managers and others in identifying and abating potentially fatal situations. The Agency is also identifying more effective ways of reaching those construction sites that are likely to have the most hazardous conditions. OSHA will take this information to circulate a new construction safety standard for construction cranes and derricks. OSHA plans to develop Local Emphasis Programs that focus on hazards and industries in specific geographic locations. These programs will focus on hazards such as falls and industries such as tower erection and oil and gas well drilling. OSHA will continue to implement the Enhanced Enforcement Program, which focuses on those employers who have demonstrated a significant disregard for their legal obligation to maintain safe workplaces. This program includes follow-up inspections, targeted inspections, increased corporate awareness of OSHA enforcement, enhanced settlement provisions, and Federal court enforcement under section 11(b) of the Occupational Safety and Health Act. Management Issues In response to a March 2004 GAO report, OSHA's Voluntary Compliance Strategies Show Promising Results, but Should be Evaluated before they are Expanded (Study 13 in Appendix 2), which recommended that OSHA identify cost-effective methods of assessing the effectiveness of its voluntary compliance programs, OSHA is planning to analyze injury and illness data from its VPP sites for the application processing period. During FY 2004, GAO also issued reports recommending that OSHA ensure that its area offices follow prescribed policies for complaint handling, civil penalty determination and violation abatement (See Studies 14 and 15 in Appendix 2). OSHA is taking action to ensure that its area offices comply with such policies. OSHA was redesigning its IMIS, but suspended further work and contracted for an independent assessment of the redesign activities pursuant to recommendations regarding the IMIS redesign efforts in a September 2004 DOL Office of Inspector General (OIG) audit report, OSHA's Future System Development Efforts Require Greater Use of Best Practices (Study 7 in Appendix 2). The Administration conducted a Program Assessment Rating Tool (PART) review of OSHA for the FY 2004 President's Budget. OSHA received a rating of Adequate. Through the OSHA Executive Board, the agency is outlining its annual activity plans, including program evaluation, to address the PART recommendation that OSHA develop a plan to evaluate the results and cost-effectiveness of regulatory and non-regulatory programs. Reduce Workplace Injuries and Illnesses Reduce occupational injuries and illnesses Indicator Program Perspective
Results, Analysis and Future Plans FY 2003-2004 FY 2004 Results: The goal was achieved. The days away from work case rate declined 11.1 percent from the baseline, compared to the four percent target. OSHA estimated this goal by comparing data from CY 2002, which BLS published in December 2003, with a CY 2000 baseline. FY 2003 Results: The goal was achieved. The days away from work case rate declined 5.6 percent from the baseline. OSHA estimated this goal by comparing data from CY 2001, which BLS published in December 2002, with a CY 2000 baseline. 22The estimating methodology has been reviewed by the Department of Labor's Office of Inspector General. The actual performance results for this goal will be published in the FY 2006 Budget. 2.0 FY 2002 Target: Ten percent decline from previous year. Results: The goal was not achieved. The chart below indicates that the nursing homes and shipyards industries experienced increases in their rates of injuries and illnesses of four percent and eight percent, respectively. The meat products and construction industries decreased their rates of injuries and illnesses by seven percent and five percent, respectively. This goal was not previously reported because of the lag time in Bureau of Labor Statistics data availability. This goal was a true "stretch" goal with a higher target (ten percent reduction in one year) than had ever been attempted previously. The rates are estimates because CY 2002 data are not comparable to previous years, due to changes in recordkeeping requirements that were not anticipated when this goal was developed in 1997.
Contributing to success to date are OSHA's cooperative programs, such as the Voluntary Protection Programs (VPP). For example, recently the International Paper Company compared 50 of its VPP sites with 124 of its sites that were not in the VPP. International Paper's VPP sites had a two-year lost workday incident rate that was 48 percent lower than the non-VPP sites and workers' compensation costs that were 58 percent lower than the non-VPP site. International Paper estimated that if their non-VPP sites had performed as well as their VPP sites for the two years studied, they would have saved over $16 million in workers' compensation costs. Through 2008, OSHA will focus these efforts on decreasing the days away from work (case rate per 100 workers). Management Issues A study completed in July 2004, Evaluation of OSHA's Impact on Workplace Injuries and Illnesses in Manufacturing Using Establishment-Specific Targeting of Interventions (Study 23 in Appendix 2), showed that its targeted inspections in manufacturing produced an estimated three-year reduction in the number of Lost Workday Injury and Illness (LWDII) cases of between 12.0 and 13.8 percent. This reduction is in addition to the industry-wide declines in injury and illness rates, since the analysis controlled for these. A comparison between previous industry-level targeting and establishment-specific targeting shows that establishment-specific targeting is more effective. OSHA is seeking to build on this evaluation to find out more about optimal combinations of interventions to maximize reductions in injuries and illnesses. In May 2004, OSHA completed Lookback Evaluation of OSHA's Standard for Presence Sensing Device Initiation (PSDI) of Mechanical Power Presses (Study 24 in Appendix 2). The review addressed the continued need for the standard, including whether less burdensome alternatives had been developed, the economic effects of the standard on the regulated community, and the benefits of the standard, including the impact on improved employee safety and health. OSHA concluded that if the benefits OSHA sought in the PSDI standard are to be gained (i.e., improved worker safety and employer productivity), the standard needs to be changed. OSHA has decided to update its Mechanical Power Presses Standard to the most current version of the industry consensus standard or something similar. Several other studies performed by the U.S. Government Accountability Office and DOL's Office of Inspector General, as well as the Administration's Program Assessment Rating Tool (PART) review of OSHA, are briefly summarized in this section of the narrative for Performance Goal 3.1C. Outcome Goal 3.2 Foster Equal Opportunity Workplaces DOL is committed to fostering workplaces that guarantee equal opportunities and fairness to working Americans. Outcome Goal 3.2 addresses the issue of ensuring equal opportunity exists within the American workplace. DOL pursues this commitment through three performance goals addressing the needs of workers and promoting equality in the workplace. The Employment Standard Administration's (ESA's) Office of Federal Contract Compliance Programs (OFCCP) administers and enforces three equal employment opportunity laws prohibiting Federal contractors from discriminating on the basis of race, color, religion, gender, national origin, disability, and protected veterans' status. By increasing equal opportunity compliance in companies doing business with the Federal government, OFCCP functions to protect the employment rights of thousands of able American workers who might otherwise be unfairly excluded from the workplace. DOL also works to facilitate the transition of persons with disabilities to the workplace. Although many persons with disabilities want to work, they have often been under-represented in the workforce due to attitudinal, physical, and institutional barriers that prevent them from full participation. The Office of the Assistant Secretary and Management (OASAM) administers Workforce Investment Act (WIA) provisions requiring States to establish policies, procedures, and systems reasonably guaranteeing equal opportunity for all in the workplace. DOL's Veterans' Employment and Training Service (VETS) protects the employment and reemployment rights of persons who are current or past members of the uniformed services, and who encounter barriers in civilian employment related to their service. The legislative authority for these rights and their corresponding protections is established by the Uniformed Services Employment and Reemployment Rights Act (USERRA). VETS investigates complaints filed by veterans who believe their rights have been violated. Recently, all three DOL programs have undertaken efforts to provide compliance assistance to employers about policies and regulations governing equal opportunity workplaces. These activities serve to inform employers about equal opportunity workplace regulations and to promote their awareness of willing and available individuals who can become valued employees. The table below capsulizes performance goals and achievements supporting this outcome goal, and agencies responsible.
Net Cost of Programs
Results Summary All WIA State recipients evaluated their largest local workforce investment areas. State and Job Corps Center FY 2003 data show that 1,211 discrimination complaints were filed against the workforce system; of these, 11% were filed on the basis of disability relative to wrongful termination and failure to provide reasonable accommodations. VETS successfully identified a baseline of key problem areas so that future achievement of Performance Goal 3.2C can be properly assessed. The baseline covers four problem areas that are likely to be the focus of future reduction of complaints: (1) provision of refresher/upgrade training required to qualify for reemployment; (2) prompt reinstatement; (3) seniority; and (4) pension. These will serve as the focus of future measurement of VETS program goals. Future Challenges In FY 2005, OASAM's Civil Rights Center will conduct several activities to enhance equal opportunity in the workplace, including expanding the directory of Equal Opportunity (EO) Officers to include local workforce investment area EO Officers; developing training modules on complaint processing and EO statistical monitoring; and providing on-line EO courses for EO Officers and frontline workers. VETS's compliance assistance activities will emphasize areas that may reduce the number and severity of USERRA complaints. In September 2004, VETS published a Notice of Proposed Rulemaking (NPRM) under the authority of the USERRA statute. Stakeholders were offered an opportunity to comment on the proposed regulations prior to publication of a Final Rule that clarifies specific protections, VETS's role in the process, and procedures to be followed to implement the protections of the Act. The regulations that result from this proposed rule will, for the first time, provide clear and consistent authoritative guidance to America's employers on USERRA. 23Data collected from completed compliance evaluations that were scheduled beginning in July 2004. Foster Equal Opportunity Workplaces Federal contractors achieve equal opportunity workplaces Indicators Increase compliance among Federal contractors in all other respects of equal opportunity workplace standards to 61%.
Results, Analysis and Future Plans Program Perspective OFCCP typically evaluates between four to six percent of the Federal contractor universe each year and focuses its enforcement activities on finding and resolving systemic discrimination. OFCCP adopts this strategy to: (1) prioritize enforcement resources for the worst offenders; (2) encourage employers to self-audit their employment practices; and (3) achieve maximum leverage of resources. OFCCP completed 6,544 compliance evaluations that focused on identifying and resolving systemic discrimination violations. While OFCCP is responsible for enforcing nondiscrimination and equal opportunity requirements, protection of civil rights and assurances of quality workplaces is not solely dependent on finding violations. OFCCP's compliance emphasis and the assistance it provides encourages contractors to examine their own employment practices. More Federal contractors are complying with the nondiscrimination laws, and the reduced regulatory burden on contractors has paid dividends. OFCCP has introduced a new contractor selection system incorporating recommendations from a 2003 study on the effectiveness of its civil rights enforcement. OFCCP will gather performance results from completed FY 2005 compliance evaluations24 and use these results to evaluate the impact of those recommendations. OFCCP will also improve its selection and investigation techniques in identifying non-compliant contractors based upon an evaluation of the effectiveness of the Equal Opportunity Survey in identifying Federal contractors who may have discriminatory practices. 24Data collected from completed compliance evaluations that were scheduled beginning in July 2004. The Department continually seeks to simplify regulations and to reduce the regulatory burden on Federal contractors. The Abt Associates, Inc. study will evaluate the effectiveness of the Equal Opportunity Survey as an instrument for identifying contractors engaged in systemic discrimination. Research results will be used to develop and validate a model to identify workplaces where systemic discrimination persists while at the same time meet the Department's goal of reducing regulatory burden. Statutory changes stemming from the recent Jobs for Veterans Act affect OFCCP regulations. Prior to this legislation, employers with a Federal contract or subcontract of at least $25,000 were required to take affirmative action to hire and promote qualified, covered veterans. Because this legislation increased the threshold to $100,000, it reduced the Federal contractor universe for veteran coverage. OFCCP will promulgate regulations to implement the change in this threshold. The Program Assessment Rating Tool review of OFCCP for the FY 2004 budget indicated the agency could not measure the impact of its civil rights enforcement on the reduction of employment discrimination. As a result, DOL asked Westat to evaluate and measure OFCCP's effectiveness in identifying Federal contractors' discriminatory practices. Westat found that OFCCP's concentration on targeting larger employers and those more likely to discriminate was helpful in enforcing equal employment statutes. Study recommendations outlined techniques that could improve employer targeting even more significantly and OFCCP is incorporating these techniques within its current enforcement strategy. For more information, see Study 19 in Appendix 2. DOL has also secured technical support, beginning in FY 2004, for a feasibility study and design of a secure web-based construction contractor information system using Federal Procurement Data System Next Generation data. This reporting system will allow the agency to better identify, collect and report on construction contract awards to both prime contractors and subcontractors. This information system will also allow OFCCP to implement OIG recommendations that it design a better system for selecting and scheduling federal construction contractors for compliance evaluations. Promote Equal Opportunity Under the Workforce Investment Act States that receive financial assistance under the Workforce Investment Act provide benefits and services to persons with disabilities in a non-discriminatory manner. Indicators Initiate technical assistance reviews of the One-Stop Career systems in the cities of Los Angeles, CA and Houston, TX; and The nature and number of discrimination complaints filed nationwide under Title I of the WIA, Wagner-Peyser Act funded programs, the Unemployment Insurance program, and against DOL-operated Job Corps Centers based on a longitudinal study spanning FY 2002 through FY 2005. Program Perspective Results, Analysis and Future Plans We also initiated disability technical assistance reviews of California and Texas and their largest local areas, Los Angeles and Houston, respectively. DOL provided compliance assistance training on the Federal disability requirements to key State and local staff and front line workers representing every One-Stop Center in these localities. States and Job Corps centers complaint log data show that 1,211 discrimination complaints were filed against the workforce system. Of the total number of discrimination complaints filed, 137 or 11 percent were filed on the basis of disability. The dominant issues in these complaints were wrongful termination and failure to provide reasonable accommodations. In FY 2005 DOL will (1) establish a repository of promising practices on the Civil Rights Center's public website, (2) expand the directory of Equal Opportunity (EO) Officers to include local workforce investment area EO Officers in order to facilitate communication and information sharing, (3) develop training modules on complaint processing and EO statistical monitoring, and (4) develop on-line EO courses. Management Issues
Assist Veterans' Return to Jobs After Military Obligations Reduce employer-employee employment issues originating from service members' military obligations conflicting with their civilian employment. Indicator Program Perspective VETS investigates individuals' complaints alleging their rights have been violated and provides compliance assistance to employers and to protected individuals. Most violations by employers arise from a lack of awareness of the rights and protections established by USSERRA. Similarly, most claims that are found to be without merit result from a lack of awareness on the part of the claimants regarding the specific dimensions of the rights and protections established by USERRA. VETS seeks to reduce both employer violations and the filing of meritless complaints by protected individuals. Results, Analysis and Future Plans The first table below summarizes VETS' baseline analysis. Although the 2004 percentages are consistently higher than the corresponding percentages for 2003, this difference needs to be viewed with considerable caution: 1) This question was a "stand-alone" item in the 2003 survey but in the 2004 survey it was the 11th item in a series of 20, all dealing with USERRA. Therefore, the higher percentages may reflect a difference in how those participating in the 2004 survey responded after being "warmed" to the topic by a series of prior questions, as opposed to how those participating in the 2003 survey responded "cold" to a single question. 2) Percentages are small, so the statistical error of these estimates is high relative to their values. Averaging the results of the two surveys offers a conservative estimate of the overall frequency of these issues, as shown in the last column. The second table groups actual complaints by survey categories in the first table.
Results from the 2003 and 2004 DMDC Surveys25
Prompt reemployment and skill upgrade are key problem areas. Prompt reemployment has long been a priority for USERRA compliance assistance and continuing emphasis upon that issue is likely. However, the percentage of respondents identifying upgrade/refresher training as an issue is higher. Therefore, the provision of skill upgrade/refresher training may be a "sleeper" issue that underlies a number of USERRA reinstatement complaints and is not fully appreciated by VETS or employers.
USERRA Complaints in FY 2003, Grouped by Corresponding Survey Categories
Management Issues 25Defense Manpower Data Center (DMDC) 2003 & 2004 surveys' common question: "In the past 24 months, have you experienced any of the following problems despite your protection under USERRA?" Outcome Goal 3.3 Reduce Exploitation of Child Labor, Protect the Basic Rights of Workers, and Strengthen Labor Markets The continuing evolution of today's global environment has an ever-increasing impact on the 21st century American workforce. The well-being of American workers is increasingly tied to international stability. As our country faces unprecedented international security challenges, the need for broad-based economic prosperity, both domestically and abroad, has become increasingly apparent. 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 around the world, the Department's Bureau of International Labor Affairs (ILAB) strives to secure increased economic well-being both in the United States and abroad. ILAB also continues to provide policy guidance on other labor-related issues. ILAB-supported international technical assistance programs are unique in that they focus on raising living standards around the world through labor and workplace-related interventions. In FY 2004, DOL's international technical assistance programs focused on supporting the Administration's foreign policy initiatives to combat the trafficking and commercial sexual exploitation of children; reduce the impact of HIV/AIDS on children and workers; promote educational initiatives in the Middle East; and fulfill the Department's role in negotiating international trade agreements. ILAB's FY 2004 performance goals seek to improve workplaces, strengthen training and skills of workers in developing and transition countries, and promote core labor standards. As the Administration has worked to implement free and open global markets and develop regional and bilateral trade agreements, it has sought to work with its trading partners to improve labor policies and conditions. Listed in the first column of the table below are the performance goal numbers associated with this outcome goal, the periods being reported on, the goal statements, and indication whether or not they were achieved. The second column provides a summary of targets reached, substantially reached and not reached for the indicators associated with each performance goal, followed by a note of the most significant result(s) for this past year.
Net Cost of Programs The difference in costs between FY 2003 and FY 2004 for this outcome goal is attributable to two factors. First, in FY 2003, ILAB's budget included money for grants that could be awarded in either FY 2003 or 2004. Approximately $35 million of this grant money was awarded in FY 2004. Second, given the late passage of the FY 2003 budget, many of ILAB's grants were awarded toward the end of FY 2003. The recipients spent little of these funds prior to FY 2004. Results Summary
Preventing and withdrawing children from the worst forms of child labor in the long-term also depends on a country's willingness and capacity to address the issue and sustain efforts even after projects end. ILAB estimates that 26 countries increased their capacity to address child labor as a result of ILO-IPEC programs funded by DOL, exceeding its target of 15. For this measure, capacity is defined as changes to countries' legal frameworks that reflect international child labor standards; the adoption or implementation of programs or policies to combat the worst forms of child labor; mainstreaming of child labor concerns into relevant development, social, and anti-poverty policies and programs; or the establishment of a child labor monitoring mechanism. ILAB's Education Initiative (EI) funds projects to improve access to basic education in areas where there is a high incidence of child labor. Both of ILAB's EI performance indicators were reached. At least 16 projects established targets for retention and completion rates for projects funded in 2002 and 2003, exceeding ILAB's target of eight. Eight projects have established baseline rates for enrollment and drop out (school retention) of participants for projects funded in 2003, exceeding ILAB's target of seven. For Performance Goal 3.3B, ILAB reached its target by collecting baseline data for indicators measuring the impact of DOL programs to improve working conditions around the world. These programs encourage the establishment of government regulated pension plans; the adoption of workplace safety and health programs; improved economic and working conditions; and the implementation of HIV/AIDS workplace education projects. These data will help determine challenging but realistic targets in the future. ILAB also funds HIV/AIDS projects in seven countries that include Burkina Faso, China, Cameroon, Gabon, Indonesia, Sri Lanka, and Trinidad and Tobago, exceeding its target of five countries. These projects aim to decrease employment discrimination against persons affected by HIV/AIDS. Reduce Child Labor in Developing Countries Contribute to the elimination of the worst forms of child labor internationally Indicators Number of countries with increased capacities to address child labor as a result of ILO-IPEC programs funded by DOL in prior fiscal years; Number of Child Labor Education Initiative projects that establish targets for education retention and completion rates in project areas; and Number of Child Labor Education Initiative projects that establish a baseline for rate of enrollment and drop out for targeted children. Program Perspective
ILAB measures the progress of its ILO-IPEC projects on two levels: community-based direct interventions benefiting individual children and families; and country-level activities to build capacity and institutional strengthening. EI indicators focus on start-up activities, such as the establishment of baselines and the identification of targets for projects funded in prior fiscal years. For the EI, the indicators will establish baseline data to permit ILAB to set targets for education retention and completion, and enrollment and dropout rates achieved as a result of DOL-funded projects. 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. 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 impact the timely progress of project implementation. Results, Analysis and Future Plans 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 efforts even after projects end. In FY 2004, DOL-funded ILO-IPEC programs increased the capacity of 26 countries to address child labor, exceeding its target of 15. This indicator measures capacity through a standard set of criteria, including: 1) adaptation of a country's legal framework to reflect international child labor standards; 2) formulation of national, sectoral or geographical programs or policies to combat the worst forms of child labor; 3) mainstreaming child labor concerns into relevant development, social, and anti-poverty policies and programs; or 4) establishment of a child labor monitoring mechanism. For example, through DOL funding of the El Salvador Timebound Program, the government reformed the Penal Code to provide judicial authority to investigate and prosecute offenders involved in the commercial sexual exploitation of children. All projects funded under the EI work to identify targets for rates of retention and completion. At least 16 projects established targets for retention and completion rates for projects funded in 2002 and 2003, exceeding ILAB's target of eight. In addition, eight projects have established baseline rates for enrollment and drop out (school retention) of participants for projects funded in 2003, exceeding ILAB's target of seven. Education targets and rates for both indicators were set relative to results from baseline data collection and historical experience in project implementing areas. In the future, ILAB will obtain data relating to program performance, implementation plans, and results. ILAB is also working to improve the efficiency of its technical assistance programs. Management Issues ILAB funds project-specific mid-term and final evaluations for each project. The agency uses the evaluation reports to take corrective actions, when necessary, and to inform approaches and management of ongoing and new projects. Now that the program has been underway for a significant amount of time and a number of projects are being completed, ILAB plans to commission a program-wide independent evaluation in FY 2005. Delays in the appropriations process continue to be ILAB's primary management challenge. These delays significantly reduce ILAB's timeframe for obligating funds, conducting initial needs assessments, performing government and interagency consultations, conducting competitive procurements, and reviewing and approving grantee proposals. Furthermore one-year obligation authority limits time available for the EI to design complex international projects. To address these challenges, ILAB is streamlining its procedures for obligating funds and supporting fewer, larger projects. In addition, a shorter time-frame for obligating funds may put smaller organizations at a disadvantage in applying for grants. Groups that may be capable of implementing projects may not possess the infrastructure required to prepare grant applications in short time frames. It remains a challenge for ILAB to obligate funds quickly while striving to establish a level playing field for potential grantees.
Improving Life for Workers Around the Globe Performance Goal 3.3B (ILAB) FY 2004 Improve living standards and conditions of work internationally. Indicators Number and percent of individuals whose economic situation has benefited from USDOL project assistance; Number and percent of workplaces exposed to USDOL project assistance that have implemented new measures to prevent workplace accidents and illnesses; Number of workers participating in pension funds that are government regulated by project partner agencies; and Number of new countries where HIV/AIDS workplace education projects begin. Program Perspective DOL has been providing assistance to help support these changes since 1950, when it trained German trade unionists to assist with European reconstruction after World War II. The Department has provided technical assistance to developing countries by using DOL experts in areas such as labor inspection, statistics, skills training, and occupational and mine safety and health. In 1995, the Department began receiving appropriations from Congress to fund multi-year projects that provide more focused, intensive assistance to target countries to combat child labor and in 1999, began receiving funds to implement other types of labor projects. Since 1999, the Department has funded 92 projects in over 90 countries as part of its International Cooperation Program. Results, Analysis and Future Plans ILAB is funding new HIV/AIDS projects in seven countries that include Burkina Faso, China, Cameroon, Gabon, Indonesia, Sri Lanka, and Trinidad and Tobago, exceeding its target of five countries. These projects aim to reduce employment discrimination against persons affected with HIV/AIDS. In FY 2004, the Department focused its technical assistance funds on projects supporting the President's international trade and HIV/AIDS initiatives. DOL contributed $2.4 million to projects in the Dominican Republic, Panama, Chile, and China aimed at building trade capacity by improving conditions of work in those countries. DOL also contributed $9 million to the International Labor Organization (ILO) to fund a number of new and continuing workplace-based HIV/AIDS education and prevention projects. "Improve living standards and conditions of work" is a very broad goal, but the Department has chosen to target its technical assistance to address very specific components of this goal in order to deepen the impact of its assistance:
ILAB will change its indicators and targets for Goal 3.3B in FY 2005 in response to shifts in the Administration's priorities with respect to international labor projects. Indicator five will be replaced in FY 2005 by two outcome-oriented indicators: 1) Reduced HIV/AIDS risk behaviors among targeted workers, and 2) Reduced level of employment-related discrimination against Persons Living with HIV/AIDS. Baseline data for these indicators will be established by the end of FY 2005. Management Issues
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