This guide applies to any contractor, Prime or Subcontractor, working on a Federal Highway Administration-funded (FHWA) project within the month of July, and is required to submit the FHWA 1391 annual EEO report.
 

The following topics will be reviewed in this training material:

• How to run the FHWA 1391 Report
• How to enter information for non-prevailing wage workers (supervisors, clerical staff, etc.)  through the FWHA Additional Data Entry page
• How to run the FHWA Additional Data Entry Report
• How to run the FWHA Contractor Submittal Report
• Important Notes on the 1391 Report
• Entering a Date Range When Running the FHWA 1391

FHWA 1391 Report

The FHWA 1391 Report is an annual Equal Employment Opportunity (EEO) report that reflects the workforce employed on the FHWA project during the last payroll period in July.

The report combines the results of Certified Payroll Report (CPR) data as well as any FHWA Additional Data, which is information submitted on non-prevailing wage workers, also employed during the last payroll period in July. Non-prevailing wage workers, as defined by FHWA, include officials (managers), supervisors, foremen/women, and clerical staff.

A separate report is to be generated for each individual project, as well as for each covered contract or subcontract on an individual project. To run the FHWA 1391 Report:

• Click on the Reports Tab
• Click the FHWA 1391 Report

• Enter the applicable date range 
• Select the project status
• Select the project(s)
• Select the contractor
• Select the Sub To assignment
• Click on View Report
• To export the report, click on the diskette icon, as shown below

See below an example of the FHWA 1391 report:

NOTE: Employees with an ethnicity selection in LCPtracker of Not Specified, Other, or No Selection made will not appear in this report at all. In the event that employees with one of these ethnicity selections performed work on the week being reported, there will be a footnote on the bottom of the report to reflect the number of employees that were Unwilling to Self-Identify.

FHWA 1391 Addition Data Entry Status Report

The FHWA 1391 Additional Data Entry section is used to report non-prevailing wage job categories such as managers, supervisors, foreman, and clerical workers along with their respective demographics, such as gender and ethnicity.

As a contractor, you will be able to view the results for your own company as well as any lower-tier subcontractors that you have hired on to the project.

This report gives a high-level overview of the FHWA Additional Data Entry submittals completed by contractors for each project. To find out if your company or any of your subcontractors have not submitted payroll and/or FHWA Additional Data, please run the FHWA Contractor Submittal Report, which is described here.

• Click on Reports tab
• Click on FHWA 1391 Additional Data Entry Status Report.
• Enter the applicable date range
• Select the Contractor
• Select the Project
• Select the Sub To assignment
  • Click View Report

FHWA Contractor Submittal Report

This report will provide an overview of submitted CPRs as well as missing CPRs. Additionally, it lists if FHWA Additional Data entries have been submitted, if they were performing and/or non-performing, as well as how many employees were reported.

As a contractor, you will be able to view the results for your own company as well as any lower-tier subcontractors that you have hired on to the project.

This will serve as a useful tool to review the reporting period and see if all CPRs have been certified by contractors as well as if FHWA Additional data has been submitted.

The report includes:

• Project Code
• Project Name
• Contractor Name
• Subcontractor To with Contract ID
• Performing CPRs Submitted in Date Range
• Non-Performing CPRs Submitted in Date Range
• Missing CPRs in Date Range
  • If a contractor does not have any CPRs submitted at all for the entire project, a note will display “No Data”
• Has FHWA Additional Data Been Submitted?
• Week-end Date of FWHA Additional Data Submitted
• Is FHWA Additional Data Performing or Non-performing?
• Total employed count submitted in the FHWA Additional Data

Entering the FHWA Additional Data Entry for Contractors

The FHWA 1391 Additional Data Entry section is used to report non-prevailing wage job categories such as managers, supervisors, foreman, and clerical workers along with their demographics of gender and ethnicity.

To Submit a Performing Work Week:

• Click on the 1. Payroll Records tab
• Click on FHWA 1391 Additional Data Entry
• Select the project and contract (if there are multiple contracts)
  1. Note: Only projects that have been marked as FHWA 1391/1392 projects by your Administrator will appear on this list.
• Select Week End Date from the available dropdown menu.
  1. Note: You will use the same date that was used on the last performing pay period submitted for the certified payroll.
• Enter your workforce data under the columns with ethnicities listed
• The columns with totals, the Total Employed and Total Minorities will auto-populate based on what is entered into the table.
  1. Enter your name, title, and electronic signature password (eSignature)

Non-Performance Submittals:

• Contractors can mark their FHWA Additional Data Entry submittals as non-performance.
• Check the box Non-Performance
• Enter your name, title, and electronic signature password (eSignature)

Note: The first four columns will auto populate when data is entered in the remaining fields as these are Totals from other sections.

We recommend that you review the important notes located below. The information contained will alleviate some of the most frequently asked questions and concerns when it comes to complying with the FHWA 1391 report requirements.

Logic Contained in the 1391 Report

• “Table A”, lists a count of ALL employees reported for the week, which includes Journeymen, Apprentices, OJTs, and non-prevailing wage staff reported through the “FHWA Additional Data Entry” page.
• “Table B” and “Table C” will show only employees submitted as Apprentices or OJT/Trainees.
• Any employee that works as more than one craft in the monitored week will only be shown ONCE in the report. The craft selected will be:
  • The craft with the greatest number of hours worked
    • If the crafts have the same number of hours worked, then the more skilled craft will be selected. The following hierarchy was used in terms of most skilled to the least skilled:
      • Electricians
      • Mechanics
      • Equipment Operators
      • Ironworkers
      • Carpenters
      • Cement Masons
      • Pipefitter/Plumbers
      • Truck Drivers
      • Painters
      • Laborers-Semiskilled
      • Laborers-Unskilled
      • Apprentice
      • OJT or Trainee

• If a Contractor has more than one contract on the same project, they will be counted separately. This means if one employee works for the Contractor on a single project but on two or more separate contracts, they will be counted twice on the 1392 Report.
  • This logic is determined by 23 CFR 230.121 (a)(2), which states:
    • (2) Form PR 1391 is to be completed by each contractor and each subcontractor subject to this part for every month of July during which work is performed and submitted to the State highway agency. A separate report is to be completed for each covered contract or subcontract.
• A Minority is considered any employee with an ethnicity other than “Caucasian” and excludes any employees that have “Not Specified”, “Other” or no selection made.
• Apprentices will be counted by looking for "APPR" or "Apprentice" in the Craft OR Classification on the prevailing wage data entered for the project.
• OJT or Trainees will be counted by "OJT" or "TRAINEE" in the Craft OR Classification on the prevailing wage data entered for the project
  

Entering a Date Range

The FHWA defines the July reporting period for the annual report FHWA 1392 in 23 CFR 230.121 (a)(2):

It has been LCPtracker’s experience that the interpretation of The Last Payroll Period varies by State DOT or by other agencies that monitor FHWA funding.

Contractors - Please check with your Prime Contractor or Agency Administrator to determine what the appropriate date range is for their FHWA Reporting Period in July.

The two main types of interpretations LCPtracker has seen of “the last payroll period” are as such:

1. Some take this to mean it is a finite week - the last full payroll period in July. This means that only Contractors who performed work during that one specific week should be reported.
2. Others define this “last payroll period” to be the week that is specific to each contractor individually during the month of July. For example, Company A may have their last performing work week in July during the second week of the month. The hours on this week-end date would be included on the 1391 and 1392 reports as it meets the requirement of their last payroll period. This could be the first week in July for some companies and the last week in July for others.

The FHWA has not issued any formal amendments to clarify this further and are aware that there are varied interpretations of the legislation. In light of this fact, LCPtracker has built in the ability to give clients the results they are looking for, no matter what interpretations are followed, but to do so properly, will depend on the date range entered in the report parameters.

Date Range Details:

This report, like many other in LCPtracker, is built to run by week-end date and not by calendar date. This is important in understanding how LCPtracker is looking at certified payroll report data.

1. If your agency follows the first Interpretation above, then please review the calendar selections and the date ranges to enter and select what is appropriate for your agency’s interpretations.

1. In the visual calendar samples, the box in RED represents the date range you will enter the report parameters.
2. The box in YELLOW represents what dates will be pulled from in generating the 1391.
3. The calendars represented are from 2020.

Should you find that you have any further questions, please feel free to contact our Support department anytime, Monday through Friday, 5:00am through 5:30pm PST at (714) 669-0052 option 4.

You may also email them at Support@LCPtracker.com or Chat them via your LCPtracker database.