Section 1: Definitions

In relation to this guidance, the following terms are defined as follows:
  • Apprenticeship Training Program
     means any program approved under 23 CFR CH 1, §230.111(f)(1) and (f)(2). Apprenticeship programs approved by the U.S. Department of Labor as of the date of proposed use by a federal-aid highway contractor or subcontractor need not be formally approved by the State highway agency or the Federal Highway Administration Division Administrator.
    Such programs, including their minimum wage provisions, are acceptable for use, provided they are administered in a manner reasonably calculated to meet the equal employment opportunity (EEO) obligations of the contractor. Other training programs approved by the U.S. Department of Labor as of the date of proposed use by a federal-aid highway contractor or subcontractor are also acceptable for use without the formal approval of the State highway agency or the division Administrator provided:
    • The U.S. Department of Labor has clearly approved the program aspects relating to EEO and the payment of trainee wage rates in lieu of prevailing wage rates.
    • They are reasonably calculated to qualify the average trainees for journey-worker status in the classification concerned by the end of the training period.
    • They are administered in a manner calculated to meet the equal employment obligations of the contractors.
  • Contractor
     means any person, corporation, partnership, or unincorporated association that holds a FHWA direct or federally assisted construction contract or subcontract regardless of tier.
  • Department
     means the Texas Department of Transportation.
  • DOT
     means the U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Administration, the Federal Transit Administration, and the Federal Aviation Administration.
  • Federal-aid contract
     is any contract between the Department and a contractor that is paid for in whole or in part with DOT assistance.
  • Journeyworker
     means a person who is capable of performing all the duties within a given job classification or craft.
  • Supportive Services
     means those services provided to increase the overall effectiveness of approved on-the-job training programs for highway construction workers and highway contractors through the performance of various functions necessary to the program but which are not considered to be part of the actual on-the-job craft training.
  • Trainee
     means a person who is receiving on-the-job training through any program approved by the FHWA or the U.S. Department of Labor.