DWD 296.12(5)(b) (b) First aid and safety personnel may be informed if the disability might require emergency treatment.

DWD 296.12(5)(c) (c) Government officials engaged in enforcement of this chapter, of the laws administered by the U.S. department of labor’s office of federal contract compliance programs, or of the ADA, shall be provided relevant information on request.

DWD 296.12(6) (6) Access to records. A sponsor shall allow the department access, during normal business hours, to its places of business for the purpose of conducting on-site EEO compliance reviews, complaint investigations, and inspecting and copying books, accounts, and records, including electronic records, and any other material the department deems relevant to the matter under investigation and pertinent to compliance with this chapter. A sponsor shall also provide the department access to these materials, including electronic records, off-site for purposes of conducting EEO compliance reviews and complaint investigations. A sponsor shall provide the department information about all formats, including specific electronic formats, in which the records and other information are available.

DWD 296.12 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (2) to (4), (5) (intro.), (6) made under s. 35.17, Stats., Register September 2019 No. 765.

DWD 296.13 DWD 296.13 Equal employment opportunity compliance review.

DWD 296.13(1) (1) Department review. The department shall conduct EEO compliance reviews to determine if a sponsor is in compliance with this chapter regularly, or when circumstances warrant a review.

DWD 296.13(2) (2) Conduct of compliance reviews. An EEO compliance review may include any of the following:

DWD 296.13(2)(a) (a) A comprehensive analysis and evaluation of each aspect of the registered apprenticeship program through off-site reviews.

DWD 296.13 Note Note: An example of an off-site review may include desk audits of records submitted to the department.

DWD 296.13(2)(b) (b) On-site reviews conducted at the sponsor’s establishment that may involve examination of records, inspection and copying of documents related to recordkeeping requirements, and interviews with employees, apprentices, journeyworkers, supervisors, managers, and hiring officials.

DWD 296.13(3) (3) Notification of compliance review findings. Within 45 business days of completing an EEO compliance review, the department shall present a written notice of compliance review findings to the sponsor. If the compliance review indicates a failure to comply with this chapter, the department shall inform the sponsor in writing and include in the notice all of the following:

DWD 296.13(3)(a) (a) The deficiencies identified.

DWD 296.13(3)(b) (b) How to remedy the deficiencies.

DWD 296.13(3)(c) (c) The timeframe within which the deficiencies must be corrected.

DWD 296.13(3)(d) (d) Enforcement actions that may be taken if compliance is not achieved within the required timeframe.

DWD 296.13(4) (4) Compliance.

DWD 296.13(4)(a) (a) Within 30 days of a sponsor receiving a notice of compliance review with findings that indicate a failure to comply with this chapter, the sponsor shall implement a compliance action plan and notify the department of the plan, or submit a written rebuttal to the findings to the department. A sponsor may request a one-time, 30-day extension.

DWD 296.13(4)(b) (b) If the sponsor submits a written rebuttal to the notice of compliance review findings to the department under par. (a), the department may do any of the following:

DWD 296.13(4)(b)1. 1. Uphold the notice of compliance review findings.

DWD 296.13(4)(b)2. 2. Modify the notice of compliance review findings in whole or in part.

DWD 296.13(4)(c) (c) If the department upholds the notice of compliance review findings after receiving a written rebuttal from the sponsor, the sponsor shall implement a compliance action plan within 30 days of receiving the notice from the department upholding the findings.

DWD 296.13(4)(d) (d) A compliance action plan required under par. (a) or (c) shall include, at a minimum, all of the following:

DWD 296.13(4)(d)1. 1. A specific commitment, in writing, to correct or remediate the identified deficiencies and areas of noncompliance.

DWD 296.13(4)(d)2. 2. The precise actions to be taken for each deficiency identified.

DWD 296.13(4)(d)3. 3. The time period within which the cited deficiencies shall be remedied and any corrective program changes implemented.

DWD 296.13(4)(d)4. 4. The name of the individual responsible for correcting each deficiency identified.

DWD 296.13(4)(e) (e) Upon the department’s approval of the compliance action plan, a sponsor may be considered in compliance under this chapter provided that the compliance plan is implemented.

DWD 296.13(5) (5) Enforcement actions. A sponsor that fails to implement a compliance action plan within the specified timeframes may be subject to an enforcement action under s. DWD 296.15.

DWD 296.13 History History: CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19.