Background
The Portland Clean Energy Community Benefits Fund (PCEF) invests in projects that address climate change and advance racial justice. Ensuring that opportunities in the clean energy field are inclusive of people of color, women, people with disabilities, and other historically marginalized and under-represented populations is central to this work. To support this objective, PCEF requires that all grantees sign a Workforce and Contractor Equity Agreement (WCEA). The elements of a grantee's WCEA vary somewhat depending on the type of project.
This following items provide general information about what is included in PCEF’s Workforce and Contractor Equity Agreements.
Contractor Payment
Contractors shall be paid within 30 days of billing, and contractors shall agree to pay subcontractors within 30 days of billing.
Wage Requirements
By law, payments for work funded by PCEF must be at least 180 percent of the relevant state minimum wage. PCEF’s wage requirement applies to workers that are paid by the grantee as well as workers paid by contractors and subcontractors of the project, including, for example, office staff.
For projects with construction budgets (hard and soft costs) that include PCEF funds equal to or greater than $350,000 at a single site there is an additional wage requirement of prevailing wage payment to workers in trades for which a prevailing wage is defined, excluding projects with privately owned, predominantly affordable residential housing construction. Definitions for this requirement are as follows:
- Prevailing wage refers to industry-specific wage and fringe benefit standards required by law on certain types of construction projects. Oregon’s prevailing wage rate (PWR) law is administered by the Bureau of Labor and Industries (BOLI).
- “Affordable housing” means the occupants’ incomes are no greater than 60 percent of the area median income, or no greater than 80 percent if the occupants are owners.
- “Predominantly” for affordable housing means at least 60 percent of the project is designated for affordable housing.
- “Residential” means no more than four stories in height and no commercial space. (ORS 279C.810(2)(d); OAR 839-025-0100(1)(e)).
Inclusive Workforce and Contracting
PCEF is designed to ensure that job and contracting opportunities on PCEF-funded projects are inclusive of populations historically underrepresented in this field including women, people of color, people with disabilities, and people who are chronically underemployed. Projects that include construction-related physical improvements are required to develop strategies and goals regarding recruitment and utilization of PCEF priority populations on their project. Examples of construction-related improvements include weatherization, installation of solar, and building a shed. See examples of effective strategies for inclusive workforce and contracting.
Reporting
PCEF grantees and their contractors and subcontractors are required to report demographics of and payment to their workforce and contractors. Reporting ensures that goals are being met and helps to identify and address challenges to meeting those goals. Payment records to employees and contractors shall be retained for a minimum of 4 years beyond the end of the grant period. This requirement applies to contractors and subcontractors. If selected, grantees and/or (sub)contractors will participate in a verification audit if selected (i.e., requested to verify their wage and/or contract payment information).
Safe and Respectful Jobsite Trainings
All workers have the right to a safe and respectful jobsite. To support this goal, PCEF requires that grantees and the workers and frontline supervisors working on the project’s construction-related improvements complete a PCEF-sponsored or PCEF-approved Safe and Respectful Worksite training (aka Positive Jobsite training). Examples of construction-related improvements include weatherization, installation of solar, and building a shed. An exemption to the training requirement is allowed for contractors/workers that will be working a total of less than 40 hours on the grant funded project.
PCEF-sponsored trainings are available at no cost to the grantee, contractors, subcontractors, and employees on the project. In general, trainings should be delivered prior to or at the beginning of the construction project. To request a training or determine if trainings are required for your project, please contact your PCEF grant manager.
Safe and Respectful Jobsite Policy
All employers in Oregon are required to have a policy to prevent and address specific types of unlawful discrimination and sexual assault. An employer is an organization with one or more employees. Complementing state law, PCEF requires that all employers working on a PCEF-funded project that includes construction-related physical improvements must have a Safe and Respectful Jobsite Policy that includes the items below and make the Policy available to workers and staff. This requirement applies to contractors, subcontractors, and grantees if self-performing. At a minimum, the policy must include the following:
- Immediate reporting of any threatening act of hate to the appropriate authorities.
- Documentation of the hate, intimidation, or harassment incident – for example, take a photo, time-stamp, collect names of witnesses, etc.
- Internal procedures for:
- investigation of the act of hate, intimidation, or harassment (e.g., who, how, what)
- response (e.g., clear chain of command, shut-down protocols, accountability and compliance measures including reporting incidents and outcomes, timeframe and process for removal of hate crime symbols)
- support and protection of impacted workers and whistleblowers (e.g., how leadership will report back on steps taken to address the incident, how workers will be protected against retaliation, where workers can go for support, and anti-retaliation policy and training).
- Immediate notification of PCEF staff of any activity that can be considered an act of hate, intimidation, or harassment.
PCEF has created a Safe and Respectful Jobsite Policy Template that complements Oregon state law that organizations may adapt.
Right to Organize
Federal law protects the right of workers to organize. PCEF grant recipients, contractors, and subcontractors shall not oppose worker efforts to organize nor shall they retaliate or otherwise create a hostile environment to workers who choose to engage in collective conversations or action regarding workplace issues. See additional information about this law, including who to contact with questions or complaints.
Posting Requirements
For construction-related projects, information about workers’ rights on PCEF-funded projects shall be posted at PCEF funded jobsites, with some exceptions for single-family residences and residences with less than five units. Wallet cards with the information shall also be made available to workers. To request posting material, contact your PCEF grant manager.
Brief Partnership Survey
Participation in brief survey is required in order to help PCEF staff identify program modifications or capacity building resources that may support equitable and effective partnership between grantees and contractors. Results will remain anonymous.
Additional Resources
- Bureau of Labor and Industries (BOLI)
- Information about safety at OSHA Oregon.
- Information related to apprenticeships at Oregon Bureau of Labor & Industries
- For questions about these requirements contact your PCEF grant manager