California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 10 - Required Apprentices on Public Works Contract › Section 230.1 - Employment of Apprentices on Public Works

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contractors, as defined in Section
					 228 to include general, prime,
					 specialty or subcontractor, shall employ registered apprentice(s), as defined
					 by Labor Code Section
					 3077, during
					 the performance of a public work project in accordance with the required one
					 hour of work performed by an apprentice for every five hours of labor performed
					 by a journeyman, unless covered by one of the exemptions enumerated in Labor
					 Code Section
					 1777.5 or this
					 subchapter. Unless an exemption has been granted, the contractor shall employ
					 apprentices for the number of hours computed above before the end of the
					 contract. Contractors who are not already employing sufficient registered
					 apprentices (as defined by Labor Code Section
					 3077) to comply
					 with the one-to-five ratio must request the dispatch of required apprentices
					 from the apprenticeship committees providing training in the applicable craft
					 or trade and whose geographic area of operation includes the site of the public
					 work by giving the committee written notice of at least 72 hours (excluding
					 Saturdays, Sundays and holidays) before the date on which one or more
					 apprentices are required. If the apprenticeship committee from which apprentice
					 dispatch(es) are requested does not dispatch apprentices as requested, the
					 contractor must request apprentice dispatch(es) from another committee
					 providing training in the applicable craft or trade in the geographic area of
					 the site of the public work, and must request apprentice dispatch(es) from each
					 such committee, either consecutively or simultaneously, until the contractor
					 has requested apprentice dispatches from each such committee in the geographic
					 area. All requests for dispatch of apprentices shall be in writing, sent by
					 first class mail, facsimile or email. Except for projects with less than 40
					 hours of journeyman work, each request for apprentice dispatch shall be for not
					 less than an 8 hour day per each apprentice, or 20% of the estimated apprentice
					 hours to be worked for an employer in a particular craft or trade on a project,
					 whichever is greater, unless an employer can provide written evidence, upon
					 request of the committee dispatching the apprentice or the Division of
					 Apprenticeship Standards, that circumstances beyond the employer's control
					 prevent this from occurring. If a non-signatory contractor declines to abide by
					 and comply with the terms of a local committee's standards, the apprenticeship
					 committee shall not be required to dispatch apprentices to such contractor.
					 Conversely, if in response to a written request no apprenticeship committee
					 dispatches, or agrees to dispatch during the period of the public works project
					 any apprentice to a contractor who has agreed to employ and train apprentices
					 in accordance with either the apprenticeship committee's standards or these
					 regulations within 72 hours of such request (excluding Saturdays, Sundays and
					 holidays) the contractor shall not be considered in violation of this section
					 as a result of failure to employ apprentices for the remainder of the project,
					 provided that the contractor made the request in enough time to meet the
					 above-stated ratio. If an apprenticeship committee dispatches fewer apprentices
					 than the contractor requested, the contractor shall be considered in compliance
					 if the contractor employs those apprentices who are dispatched, provided that,
					 where there is more than one apprenticeship committee able and willing to
					 unconditionally dispatch apprentices, the contractor has requested dispatch
					 from all committees providing training in the applicable craft or trade whose
					 geographic area of operation include the site of the public work. Nothing in
					 this section shall affect the right of a Contractor who participates in and
					 employs registered apprentices from programs approved under Labor Code Section
					 3075 outside
					 the geographic area of the public work from employing said apprentice(s) on the
					 site of the public work in order to meet the ratio requirement of Labor Code
					 Section
					 1777.5.
(b) Apprentices employed on public works
					 shall be paid the applicable apprentice prevailing per diem wage rate,
					 available from DAS, and derived from the Director's survey of wages paid on
					 public works in the geographic area of the craft or trade. DAS shall refer
					 complaints alleging any contractor's failure to pay the proper apprentice
					 prevailing wage rate on a public works project to the Division of Labor
					 Standards Enforcement for investigation and appropriate action.
(c) Apprentices employed pursuant to Labor
					 Code section
					 1777.5 shall be
					 registered apprentices who are training under apprenticeship standards that
					 include the work processes that the contractor will perform on the project.
					 Contractors must assign apprentices work that is included in the apprenticeship
					 standards under which the apprentices are training. Apprentices on public works
					 cannot be assigned work other than that which is stated in the work processes
					 of the apprenticeship standards under which the apprentices are training. Where
					 an employer employs apprentices under the rules and regulations of the
					 California Apprenticeship Council, as set forth in Labor Code Section
					 1777.5(c)(2),
					 apprentices employed on public works must at all times work with or under the
					 direct supervision of a journeyworker. The on-the-job training shall be in
					 accordance with the apprenticeship standards and apprenticeship agreement under
					 which the apprentice is training, provided that a contractor shall not be
					 subject to any financial or administrative obligations to a trust fund or
					 employee benefit plan unless the contractor has so agreed.
(d) The provisions of this regulation shall
					 not apply to contractors on public works projects that were bid prior to July
					 1, 2009. Such contractors shall comply with the version of this regulation that
					 was in effect prior to July 1, 2009.
1. New
						section filed 4-9-90 as an emergency; operative 4-9-90 (Register 90, No. 17). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 8-7-90.
2. Repealed by
						operation of Government Code section
						11346.1(g)
						120 days from effective date (Register 91, No. 47).
3. New section
						filed 4-10-92; operative 5-11-92 (Register 92, No. 21).
4. Amendment
						filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).
5.
						Amendment of subsections (a) and (d) filed 6-22-2009; operative 7-1-2009
						pursuant to Government Code section
						11343.4(c)
						(Register 2009, No. 26).
6. Amendment of subsection (a) filed
						10-17-2011; operative 11-16-2011 (Register 2011, No. 42).
7.
						Amendment of subsection (c) filed 8-6-2021; operative 10-1-2021 (Register 2021,
						No. 32). Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order N-71-20.
8. Order filed
						8-6-2021 stayed on 9-20-2021 by the Sacramento County Superior Court pending
						ruling on motions in Construction Employers' Association, United Contractors,
						and Millwright Employers' Association, Inc. v. California Department of
						Industrial Relations, Division of Labor Standards Enforcement, and California
						Apprenticeship Council, Case No. 34-2021-80003714. The California Department of
						Industrial Relations, Division of Labor Standards Enforcement, and California
						Apprenticeship Council will ensure that the California Apprenticeship Council
						website reflects that the current version of the regulation set forth at
						California Code of Regulations, Title 8, section
						202, as it appeared prior to
						8-6-2021 Order, shall remain in full force and
						effect.
Note: Authority cited: Section
						  1777.7, Labor
						  Code. Reference: Section
						  1777.5, Labor
						  Code.
The
						amended version of this section by
						Register
						2024, No. 28, effective 10/1/2024 is not yet
						available.