INSTRUCTIONS

STANDARD FORM &

JANUARY 1963

PRESIDENT'S COMMITTEE ON EQUAL

EMPLOYMENT OPPORTUNITY

4CFR CH

1. General

(a) The attached Standard Form 41 (Compliance Report-Construction) has been issued by the President's Committee on Equal Employment Opportunity for use by employers who have Government contracts or subcontracts for construction, repair and/or alteration in connection with which they perform construction work at the site of construction. Any prime contractor having such a contract for $100,000 or more, and any subcontractor having such a subcontract for $50,000 or more shall file this form in accordance with these instructions. Employers having contracts, subcontracts or purchase orders for construction, repair and/or alteration, or for materials to be used there in, but who themselves perform no construction work at the site of construction, shall not file the attached form, but shall submit Compliance Reports on Standard Form 40 in accordance with instructions attached thereto. It is the obligation of contractors and subcontractors subject to Executive Order 10925 to cause and require all other subcontractors and suppliers subject to the reporting require ments of this Standard Form 41 or of Standard Form 40, and performing construction work at the site of construction, or furnishing materials therefor, to file the appropriate Compliance Report form.

(b) The filing of the Plans for Progress reports (Budget Bureau No. 44-R1174) by contractors or subcontractors affiliated with the Committee's Plans for Progress program will be accepted as a compliance report in lieu of the at tached form. However, this alternative does not believe such contractors or subcontractors of the obligation of causing their subcontractors and suppliers not participating in the Plans for Progress program to le the appropriate Compliance Report form.

(c) Compliance Reports are not required for work performed outside the United States where no recruitment of workers within the limits of the United States is involved. (As used herein, "United States" includes the Commonwealth of Puerto Rico, the Panama Canal Zone, and the possessions of the United States.)

2. Definitions

(a) "Order" means Executive Order 10925, issued on March 6, 1961.

(b) "Committee" means the President's Committee on Equal Employment Opportunity established under the provisions of Executive Order 10925.

(c) "Prime contractor" means any contractor holding a contract with the Government.

(d) "Subcontractor" means any contractor holding a contract with a Government prime contractor or with another subcontractor calling for services or supplies required for the performance of a Government prime contract.

(e) "Site of construction" refers to the physical location of a project covered by a contract or subcontract for construction, repair and/or alteration and to temporary locations or facilities established specifically to meet the demands of such contract or subcontract.

(f) "Contracting agency" means any department, agency or establishment in the executive branch of the Government, including any wholly owned Government corporation, which enters into contracts.

(g) "Construction workers" include working foremen, journeymen, mechanics, apprentices, helpers and laborers

1 The instructions attached to Standard Form 40 state that each prime contractor and first-tier subcontractor, as defined therein, who is subject to Executive Order 10925, having a contract, subcontract or purchase order for $50,000 or more (or $100,000 or more if solely for standard commercial supplies and raw materials) and also having 50 or more employees, shall file that form in accordance with those Instructions. Note that Standard Form 40 is to be filed with the President's Committee on Equal Employment Opportunity, while the attached Standard Form 41 is to be fled with the contracting agency.

engaged in new work, alteration, demolition and repair, including painting at the site of construction, and performing jobs ordinarily performed by members of the construction trades. The term includes all such workers, regardless of their degree of skill, engaged in contract construction activities.

(h) "Other employees," as used in these instructions, means all other persons engaged in performing work at the site of construction, including, but not limited to, the following activities: executive, purchasing, accounting, personnel, watchman and guard activities, and professional and technical activities, routine office functions and supervisory foremen.

(i) "Principal office of the company" means the central administrative office of the legal entity (corporation, partnership or single proprietorship) regardless of affiliation, stock ownership or control.

(j) "Employer identification number" is a 9-digit num ber which each legal entity is assigned by the Internal Revenue Service. It is used on all quarterly payroll tax withholding reports for the Social Security Administration and the Internaevenue Service.

(k) Weekly payroll report" means those reports required to be led with a contracting agency under 29 CFR, Part 5 in conection with contracts subject to the DavisBacon Act (40C. 276a et seq.).

Construction trades" includes, but is not limited to, asbestos workers, boilermakers, bricklayers, stone cutters, carpenters, cement finishers, electrical workers, elevator constructors, equipment installation mechanics, glaziers, lathers, operating engineers, ornamental ironworkers, painters, plasterers, plumbers and pipefitters, reinforcing ironworkers, roofers, sheet metal workers, soft floor layers, structural ironworkers, terrazzo workers and tile setters.

3. Descriptions of Work Classifications

The following descriptions are applicable to the work classifications listed in Parts I and III of Standard Form

41:

(a) Officials and Managers.-Occupations requiring administrative personnel who set broad policies, exercise overall responsibility for execution of these policies, and direct individual departments or special phases of a firm's operations. Includes: officials, executives, plant managers, superintendents, purchasing agents and buyers, and kindred workers.

(b) Supervisors.-Includes project superintendents, project supervisors, general foremen and supervisory foremen.

(c) Professional.-Occupations requiring either college graduation or experience of such kind and amount as to provide a comparable background. Includes: accountants and auditors, architects, estimators, designers, engineers, lawyers, personnel and labor relations workers, physicians, and kindred workers.

(d) Technical.-Occupations requiring a combination of basic scientific knowledge and manual skill which can be obtained through about 2 years of post high school education, such as is offered in many technical institutes and junior colleges, or through equivalent on-the-job training. Includes: draftsmen, engineering aides, safety engineers, nurses, surveyors, technical illustrators, and kindred workers.

(e) Sales Workers.-Occupations engaging wholly or primarily in direct selling. Includes: advertising agents, salesmen, and kindred workers.

(f) Office and Clerical.-All clerical-type occupations regardless of level of difficulty. Includes: bookkeepers, cashiers, messengers and office boys, office machine oper ators, shipping and receiving clerks, payroll clerks, stenog

4. When To File Reports

Each employer who has one or more contracts or subcontracts subject to these reporting requirements shall report separately to the contracting agency or agencies, at the times set forth below, for each contract awarded on or after January 1, 1963, and for each subcontract awarded pursuant to any such contract. Part I of Standard Form 41 pertains to employment at the employer's principal office and branch establishments' while Parts II and III pertain to employment at the site of construction.

(a) Each such employer shall make the initial filing of this report at the time the first weekly payroll report is submitted to the contracting agency after work has begun at the site of construction. In making such initial filing the employer may complete the entire Standard Form 41 or may, if it chooses, complete only Parts II and III. If the latter choice is exercised the employer must then complete the initial filing by submitting a completed Part I within thirty (30) days after the award of the contract or subcontract. However, if in connection with any other contract or subcontract, a completed Part I has been submitted to any contracting agency at any time within ninety (90) days prior to the preceding March 31 it will only be necessary to make appropriate entries in items 1 through 7(a) of Part I at the time of the filing of this report.

(b) After the initial filing of this report, Part III must thereafter be submitted on a quarterly basis as follows: on March 31, June 30, September 30 and December 31, up to and including the quarterly period during which peak employment is reached. However, if the initial filing has been made within 6 weeks of the end of one of the above reporting periods, Part III need not be submitted again until the end of the next subsequent reporting period. (For example, if the initial filing was made on Februar 25 of a given year, rather than filing Part III gain March 31, it would not be necessary to submit another Part III until June 30 of that year.)

(c) It will not be necessary to file Part for any quarterly period subsequent to the rented during winch peak employment is reached, unless requested to da the Committee or the contracting agency

by

(d) After the initial filing of this report annual submissions of Part I shall be made by filing a completed Part I on or before March 31 of each year (beginning March 31, 1964) so long as the contractor or subcontractor remains subject to these reporting requirements. If subject to these reporting requirements under more than one contract or subcontract the employer shall submit a completed Part I on any March 31 only to that contracting agency issuing the prime contract for the current project under which the employer first became subject to these reporting requirements, and shall notify other contracting agencies of such submis sion by forwarding to them Part I with only items 1 through 7(a) completed. If a completed Part I has been submitted to a contracting agency within ninety (90) days preceding any March 31, in connection with this or any other contract or subcontract, it will not be necessary to file again on such March 31, but the employer shall notify other contracting agencies of such submission by forwarding to them Part I with only items 1 through 7(a) completed. In the event the employer is engaged in nonconstruction as well as construction activities, Part I shall cover only employment in the principal office and branch establishments of the employer's construction division. In such cases Compliance Reports for other divisions of the employer shall be submitted on Standard Form 40 if such divisions are subject to the reporting requirements for that form.

5. Additional Reports

The Committee or the contracting agency may require any contractor or subcontractor to submit the attached Standard Form 41, in whole or in part, at times other than those prescribed above. Whenever specifically requested, the contractor or subcontractor should be prepared to furnish an up-to-date report within a reasonable time.

If the employer is engaged in activities other than construction it shall file Part I only for those branch establishments engaged in the construction business.

6. How To Prepare Part III (Employment Data Summary) 3

(a) The employment statistics called for in Part III shall cover all employees actually working at the site of construction as defined in paragraph 2(e) of these Instructions. The statistics furnished in each quarterly report shall include all those employed during the payroll period ending nearest the 15th of the month in which the report is due. However, if peak employment is reached during the quarter, the statistics furnished shall include all those employed during the payroll period in which peak employment was reached.

(b) Item 7 of Part III shall include all employees of the contractor or subcontractor who are within the categories described in paragraphs 2(g) and 2 (h) of these Instructions.

(c) If the contractor or subcontractor directly employs workers of two or more construction trades, such as operating engineers, bricklayers, ironworkers, etc., a separate tabulation shall be made of the workers representing each trade in item 8 on the reverse of Part III. This requirement of a separate tabulation applies only to construction workers employed at the site of construction, with the exception of laborers.

7. Other Minority Groups

Item 15 of Part I and items 7 and 8 of Part III provide for the reporting of other specified minority groups in addition to Negroes, where any such minority group constitutes an identifiable factor in the local labor market. The only "other" minority groups for which such information is to be furnished are Orientals, Latin-Americans, Puerto Ricans and American Indians. When figures for two "other" minorit roups are available, a separate column shall be used for each group and shall specify which group is given in each column.

Standard Form 41, or portions thereof, shall be subted in duplicate to the contracting agency issuing the Prime Contract for the project in connection with which The prime contractor or subcontractor is subject to these reporting requirements.

(b) Each item of a report must be completed. If an item does not apply mark "N/A" for Not Applicable. Each report, or separate portions thereof, shall be signed by an authorized representative of the contractor or subcontractor.

9. Notifying the Contracting Agency of Subcontractors Working on the Project

Each prime contractor shall furnish to the contracting agency at the time of the award of the contract a list of all known subcontractors who will be subject to these reporting requirements, and shall continue to keep the contracting agency advised of any other subcontractors who may subsequently be awarded subcontracts subject to these reporting requirements.

10. Supply of Compliance Report Forms

A supply of Compliance Report forms will be furnished by the contracting agency to the prime contractor. The prime contractor shall see that distribution of appropriate forms is made to subcontractors and suppliers subject to the reporting requirements of either this Standard Form 41 or of Standard Form 40.

11. Inquiries

Inquiries in connection with Compliance Reports and requests for supplies of Compliance Report forms and instructions shall be addressed to the contracting officer identified on the forms furnished by the contracting agency. Inquiries may also be addressed to the President's Committee on Equal Employment Opportunity, Survey Division, Compliance Reports, Washington 25, D.C.

'Antidiscrimination laws of several States and cities prohibit the elicit ing of preemployment information regarding an applicant's race, creed, color or national origin. However, the Committee has been advised by the appropriate enforcement authorities in all such States and localities that such prohibitions do not extend to the gathering of information of this nature subsequent to employment for bona fide reasons such as Government surveys.