The U.S. Department of Labor (DOL) has taken a significant step by releasing a comprehensive new guide dedicated to combating harassment in the construction industry. This guide, issued by DOL’s Office of Federal Contract Compliance Programs, holds great importance for both federal contractors and workers. It aims to provide clear understanding of the agency's jurisdiction, clarify what constitutes harassment, and offer essential information to those who may face such issues. Construction Dive was informed by a DOL spokesperson on November 21 that the agency had been working on this guide for several months as part of the White House's National Strategy on Gender Equity and Equality. As stated by the spokesperson, "OFCCP developed this guide for employers and workers because harassment in construction remains a common problem."

Empowering Construction Workers Against Harassment

Understanding DOL's Jurisdiction

The DOL's guide refers to Executive Order 11246, signed by President Lyndon B. Johnson in 1965. This order prohibited employment discrimination in federal contracts based on race, religion, or national origin. In 1967, Johnson amended the order to include sex and gender. This historical context is crucial in understanding the DOL's jurisdiction and its efforts to combat harassment in construction. It shows the long-standing commitment of the government to ensure equal opportunities and a safe working environment for all.Construction sites often face unique challenges when it comes to harassment. The DOL's guide helps to clarify these issues and provides a framework for addressing them. By referring to this executive order, the guide emphasizes the importance of upholding equal rights and preventing discrimination in all its forms.

Examples of Harassment in Construction

The guide lists a variety of examples of harassment that are frequently reported on construction jobsites. Passing off derogatory remarks as playful banter and dismissing hateful graffiti as harmless are common behaviors that can have a negative impact on the work environment. Other examples include making unwelcome remarks related to a protected characteristic and disguising them as a joke, displaying derogatory remarks in writing at the jobsite, failing to maintain women's restrooms to the same standards as men's, criticizing someone's participation in a job or industry due to their sex, and using racial slurs and nicknames. These examples highlight the diverse nature of harassment in the construction industry and the need for clear guidelines and education to address them.By providing specific examples, the guide helps workers and contractors to recognize and address harassment when it occurs. It also serves as a reminder of the importance of creating a respectful and inclusive work environment.

Negative Impact on Jobsite Safety

Harassment not only affects the well-being of individuals but also has a significant impact on jobsite safety. As the guide states, "Harassment can also have a safety, health and economic impact on a construction site in general." Construction work is often dangerous, and a harmonious work environment is essential for the safety of all workers. When harassment occurs, it can create a hostile atmosphere that endangers the well-being of not only the direct victim but also the entire team.Best practices highlighted in the guide include educating employees about what constitutes harassment, communicating that it will not be tolerated, and developing formal procedures for reporting, investigating, and taking appropriate action. By implementing these practices, construction companies can create a safer and more productive work environment.In conclusion, the DOL's new guide on construction harassment is a valuable resource for federal contractors and workers. It provides clear guidance on jurisdiction, examples of harassment, and the negative impacts on jobsite safety. By following the best practices outlined in the guide, construction companies can take proactive steps to prevent harassment and create a more inclusive and respectful work environment.