Apprenticeship Requirements, Public Works Contracts Totaling $30,000+
Big thanks to Anne Quick with ABC Nor Cal for this info. www.abcnorcal.org
Using apprentices on public works jobs is a fundamental element of Public Works Labor Law. Failure to follow Public Works Labor Law carries big fines and potential debarment. Stay sharp by attending Public Works / Prevailing Wage workshops put on by Builders Exchanges and check out the Public Works Labor Law page at the Dept of Industrial Relations (DIR) website, www.dir.ca.gov. The following information applies to merit-shop (non-union) construction companies. Obviously union companies will follow their CBA.
All public works contracts valued at $30,000 or more carry an obligation to hire apprentices, unless the craft or trade does not require the use of apprentices, as indicated in the corresponding prevailing wage determination. This duty applies to all contractors and subcontractors on a project, even if their part of the project is less than $30,000.
- Submit contract award information for each craft required on the project using the DAS 140 form
- If you are approved to train apprentices, you must send the contract award information to your apprenticeship committee.
- If you are not approved to train apprentices, you must send the DAS 140 to all apprenticeship committees that can supply apprentices to the site of the public works project.
- Make training fund contributions in the amount established in the prevailing wage rate – either to the applicable apprenticeship committee, or the California Apprenticeship Council (CAC).
- Contact the applicable apprenticeship committee to request apprentices for each craft or trade on your project using the DAS 142 form. The form must be submitted at least three business days before apprentices are required.
- Employ apprentices in the correct ratio. Be sure to employ one hour of apprentice work for every five hours performed by a journeyman level worker.
Minimum Apprentice Dispatch Requirements For Projects With Less Than 40 Journeyman Hours
In general, for covered projects for the purpose of determining whether a contractor has properly requested an apprentice, all requests for dispatch of an apprentice, with 40 or more hours of journeyman work, requests shall be for not less than 8 hours per day per apprentice or 20% of the estimate apprentice hours required to meet ratio whichever is greater.
If the total project journeyman hours are less than 40 hours, you must still request an apprentice and meet the requirements by employing apprentices at the 20% ratio at the end of the project, however, the requests may be in less than 8 hour increments. For example, if your project requires a total only 30 journeyman hours, the requirement would be to employ an apprentice for 6 hours. Your DAS 142 (Request for Dispatch of an Apprentice) would state a request for 6 hours. That request could come in the form of 6 hours in one day, 3 hours on 2 days, or any other to reach the required 20% at the end of the project.
For projects with less than 40 TOTAL Journeyman hours, you are not required to request dispatch an apprentice for 8 hours if they are needed for less than 8 to meet the ratio.