New FHWA-1391 & 1392 Annual EEO Forms For Highway Contractors

New FHWA-1391 & FHWA-1392 Federal-Aid Highway Construction Contractor’s Annual EEO Reports were released by the Federal Highway Administration (FHWA) in June 2010.

Purpose of Forms FHWA-1391 & FHWA 1392

U.S. Department of Transportation Federal Highway AdministrationThe purpose of the Contractors Annual EEO Reports are to collect employment data (including a breakdown of all racial/ethnic minorities and women employed) from ALL highway construction contractors who are working on a Federal-Aid Contract of $10,000.00 or more during a specific “annual” reporting period.

Form FHWA-1391 is filed for individual jobs while form FHWA-1392 is a total of all jobs being submitted.

The information included on these forms provides valuable information that is used by both Federal and State Governments in evaluating the status and effectiveness of the Equal Employment Opportunity (EEO) Program.  It is extremely important that accurate data is collected, and submitted, as the status and effectiveness of State and Contractor EEO Programs can directly affect the status of funding for Federal-Aid Highway Construction Projects.

How do the new FHWA – 1391 & 1392 forms differ from the old forms?

The new FHWA-1391 & 1392 forms are printed on legal sized paper and require that you report how many employees (by gender and work classification) belong to more than one race and the race classifications have changed slightly.

The OLD Form-1391 wanted the following information by Job Category/Work Classification:

The NEW Form FHWA-1391 requires the following information by Job Category/Work Classification:

General Instructions for completing Federal-Aid Highway Construction Contractor’s Annual EEO Report Form FHWA-1391

ALL prime contractors and subcontractors (no matter what tier), with a Federal-Aid Highway construction contract of $10,000.00 or more, must complete this report using company-wide highway construction employment data for ALL Federal-Aid Highway Construction Projects that were active during the reporting period.  Prime contractors are NOT responsible for submitting subcontractor reports; however, they are responsible for ensuring all subcontractors are aware of EEO Contract Special requirements.

Include company officials and supervisors that are on the projects for a majority of the time even if they do not appear on certified payrolls.

Do not include any company personnel that may be on the Project on an occasional basis; but do not have daily, on-site responsibility for project activity.

Do not include any office personnel unless they are assigned exclusively to a project and appear on the project certified payroll.  This primarily applies to clerical personnel.

Use only the most appropriate Job Category/Work Classification listed in Table A to report employees:

Table A contains the following list of 15 “parent” Job Categories/Work Classifications – these classifications can often be different than the specific Job Category/Work Classification that is printed on a certified payroll report:

  • Officials
  • Supervisors
  • Foremen/Women
  • Clerical
  • Equipment Operators
  • Mechanics
  • Truck Drivers
  • Ironworkers
  • Carpenters
  • Cement Masons
  • Electricians
  • Pipefitter/Plumbers
  • Painters
  • Laborers-Semi Skilled
  • Laborers-Unskilled

For example, list flaggers as Laborers-Unskilled, operators of paint striping trucks are NOT painters, they are truck drivers or equipment operators, form builders and helpers are carpenters, form setters are Laborers-Semi Skilled, list survey crews as Laborers-Semi Skilled for lack of a better category. Do not alter any part of the report, cross out any pre-printed categories, write in different categories, or provide information not requested on the report.

When is the FHWA-1391 form due and what is the reporting period?

Historically, the 1391 has been due in mid-August reporting the month of July; however, during our recent research we have found both due dates and reporting periods to differ depending upon the state in which your business is located.  Check with the Prime Contractor, the main DOT Office for your state, or the Project Owner for requirements for EACH of your current projects.

Other considerations:

Again, during our recent research we found that some state DOT memorandums published on the internet are referencing the newly revised form but showing examples of the old form.  Be very careful and make sure that you know which form you need to submit (old or revised 6-2010). If you do not get a satisfactory answer – submit both forms.

Where do I find the forms?

New forms, for manual completion, may be obtained from the U.S. Department of Transportation – Federal Highway Administration website at

Old forms, for manual completions, may be obtained from


Author’s Note: Certified Payroll Solution, a QuickBooks integrated application, provides users with the ability to print 24 different Federal, State, and Local EEO/EEOC Reports; including BOTH the old and new versions of the FHWA-1391 & 1392.  Look for the new forms to be released during the week of July 30, 2010.