Affirmative action plans are required of contractors and subcontractors with 50 or more employees awarded a public works contract of $50,000 or more or where the contract exceeds $500,000 and the contract site is within a designated geographic area, regardless of the number of employees (OH Admin. Code 123:2-3-01et seq.).
Contractors and subcontractors are required to exert every good faith effort to accomplish the goals of an affirmative action program. The Code defines “affirmative action program” as a set of specific and result-oriented procedures to which a contractor and/or subcontractor must apply every good faith effort. It should include efforts required to remedy all effects of present and past discriminatory patterns and practices. The objective of these procedures and efforts is to assure equal employment opportunity for all people.
Contractors and subcontractors can either implement the state's affirmative action program or their own approved plan. The state's plan involves adopting set state percentage goals for minority workforce to the contractor's or subcontractor's total workforce hours, for all jobs, during the performance of the state contract. The minority work hours are set forth by trade and designated geographic area. Contractors and subcontractors must provide the contracting agency with a monthly utilization work hour report.
State agencies may not award public improvement contracts unless the contractors and subcontractors participate in a specified drug-free workplace program. The contractor must be enrolled in and be in good standing in the drug-free workplace program of the state Bureau of Workers' Compensation or a comparable program approved ...