M A L Y   C O N S U L T I N G   L L C
June 23, 2005

Compliance Alert

OFCCP Audit Updates

Contents
   OFCCP Sending Out 1300 Audit Scheduling Letters
   OFCCP No Longer Required to Come Onsite for Compliance Checks
   OFCCP Now Checking for Beck Poster During Onsite Audits
   I-9 Form Revision Does Not Correct List of Acceptable Documents

OFCCP Sending Out 1300 Audit Scheduling Letters  top ^
The Office of Federal Contract Compliance Programs (OFCCP) recently sent a list to its regional offices of approximately 1300 federal contractor establishments to be selected for audits. This list will be used to send out audit scheduling letters over the next few months. Keep an eye out for these letters as they may be addressed to contractor CEOs. Federal contractors have 30 days from receipt of the letter to respond to the agency request for affirmative action programs (AAPs) and support data. A copy of the scheduling letter can be found on our website at www.malyconsulting.com/Resources/OFCCP_Scheduling_Letter.pdf.

OFCCP No Longer Required to Come Onsite for Compliance Checks  top ^
Compliance checks are an abbreviated form of OFCCP audit used to determine compliance with certain record keeping requirements. New regulations that become effective July 22, 2005 remove the requirement that the OFCCP come onsite for compliance checks. Contractors will now have the option of providing the requested information onsite or submitting it to the OFCCP offsite. Current compliance check procedures involve the collection of the following three types of information:

  1. a report of results under your prior year’s Affirmative Action Program;
  2. examples of job advertisements, including listings with state employment services/America's Job Bank;
  3. and examples of accommodations made for persons with disabilities.

For more information on current compliance check procedures, go to www.dol.gov/esa/regs/compliance/ofccp/directives/dir227.pdf.

OFCCP Now Checking for Beck Poster During Onsite Audits  top ^
The OFCCP announced June 10, 2005 that it will begin checking for Beck poster compliance when conducting onsite compliance evaluations. The Beck poster is part of regulations that require federal contractors with unionized employees to post notices informing employees of their union and non-union rights. Further information and copies of the Beck poster can be found at www.dol.gov/esa/regs/compliance/olms/Beckca.htm.

I-9 Form Revision Does Not Correct List of Acceptable Documents  top ^
The May 31, 2005 revision to the Employment Eligibility Verification form (Form I-9) did not update the list of acceptable documents that establish both identity and employment eligibility (List A). The current form still lists several documents that are no longer acceptable and does not include one document that is acceptable. For information about Form I-9 or to obtain an electronic copy, go to uscis.gov/graphics/formsfee/forms/i-9.htm. The OFCCP checks for compliance with the I-9 form requirements during onsite audits. Below are special instructions from the U.S. Citizenship and Immigration Services website on the changes not currently reflected on the revised form.

  • Form I-766 (Employment Authorization Document), although not listed on the 5/31/05 version of the Form I-9, is an acceptable List A document #10.
  • Form I-151 is no longer an acceptable List A document #5. However, Form I-551 remains an acceptable List A document #5.
  • The following documents have been removed from the list of acceptable identity and work authorization documents: Certificate of U.S. Citizenship (List A #2), Certificate of Naturalization (List A #3), Unexpired Reentry Permit (List A #8) and Unexpired Refugee Travel Document (List A #9).


If you have any questions about any information presented here, please give us a call or send us an email.

(415) 454-4921
info@malyconsulting.com
Edward Correro
www.malyconsulting.com
990 A Street, Suite 402 • San Rafael, CA 94901 • (415)454-4921 • Fax (415)454-4914
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