Hello,

It is time for all contractors and subcontractors on federal-aid contracts and subcontracts over $10K to plan for their contractual obligation to complete the FHWA form 1391.  The online form is a workforce headcount from each federal-aid contract, for a full pay period, that ends in July.

The 1391 Online Form and Instructions are listed on the OCR Website;

https://www.oregon.gov/odot/Business/OCR/Pages/FHWA1391AnnualReport.aspx (link to online 1391 form)

*Contractors will no longer submit the 1391 Excel Spreadsheet – All 1391 submissions will be completed using the new online form*

Listed below are the details of the online form, how to submit, and when the deadline for the required form is. Please pass this information along to both Prime Contractors and Subcontractors that are actively working on your team’s ODOT contracts in the Month of July. Please don’t hesitate to reach out with any questions or concerns you may have regarding this information.

Who is required to complete this federal report?

• This notice is for all contractors and subcontractors that will have an active/open federal-aid contract or subcontract in July 2026, exceeding $10,000, with funding through the Oregon Department of Transportation (ODOT), including contracts let by a Certified Local Public Agency.
• Reports are required for the last full pay period preceding the end of July for each qualifying contract, with employment data that reflect the workforce on-board during all or any part of the payroll period.
• Reports are not required for qualifying contracts which do not have at least one full payroll period within July.

What is the Federal-Aid Highway Construction Contractors’ Annual EEO Report (FHWA-1391)?

• A requirement attached to federal-aid contracts (FHWA 1273 Required Contract Provisions Federal-Aid Construction Contracts and Equal Employment Opportunity Provisions). The collection of information is required by law and regulation 23 USC 140a and 23 CFR Part 230 to identify the number of people you employ, the primary trade in which they work, their race and gender, and their classification as a journey worker, an apprentice, or on-the-job trainee. The information is used by Federal and State officials evaluating equal opportunity programs.

What and where are the filing instructions?

• The form and instructions are emailed, and available through the links below.
• Oregon Department of Transportation : ODOT FHWA 1391 Construction Contractors Annual EEO Report : Civil Rights : State of Oregon
• https://www.oregon.gov/odot/Business/OCR/Documents/EEO-734-1391-Instructions-Contractors.pdf
• Contractors and subcontractors must complete the Form for each qualifying contract and subcontract.
• Surveying and engineering classifications are not required to be reported. Firms employing only surveying and engineering classifications are not required to submit this report.
• Reports must be completed using the online form
• Failure to report will result in non-compliance under 23 USC 140a and 23 CFR Part 230.

What is the deadline?

• Prime contractors and subcontractors are responsible for submitting the online form no later than Friday, August 14, 2026.

Common Mistakes

• A form is submitted with totals from table B & C that do not match: Table C - Supply the racial/ethnic category of the apprentices or trainees (reported in Table B). TOTALS FOR TABLE B and TOTAL EMPLOYED ON TABLE C MUST MATCH.

If you need assistance completing this report, please contact:

OCRInfoRequest@odot.oregon.gov

ODOT is an Equal Employment Opportunity and Affirmative Action Employer.  The content in this email is available by alternate means.  Please contact our office at 503-986-4350, or call statewide relay at 7-1-1 or via email at OCRINFOREQUEST@odot.oregon.gov for assistance.

Oregon Department of Transportation Office of Engagement & Civil Rights 800 Airport Road SE Salem, OR  97301  www.oregon.gov/ODOT/Business/OCR We're recruiting for some positions that provide vital services to our state. Apply now at ODOTJobs.com.