California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 4 - Office of Public School Construction › Group 1 - State Allocation Board › Subgroup 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 10 - Fund Release and Priority Points › Section 1859.97 - Labor Compliance Program Documentation for Fund Release

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As required pursuant to Labor Code Section
							 1771.7
							 subdivisions (a) and (b), for any project funded in whole or in part from
							 Proposition 47 or Proposition 55 for which the construction contract is awarded
							 prior to January 1, 2012, the district shall initiate and enforce, or contract
							 with a third party to initiate and enforce, an LCP, with respect to that
							 project. For purposes of obtaining the release of bond funds from the Board,
							 the following LCP requirements shall be met:
(a) The district shall submit a written
						  finding to the OPSC that the district has initiated and enforced, or has
						  contracted with a third party to initiate and enforce, the LCP with respect to
						  that project.
(b) Where the
						  construction contract was signed either prior to the district's LCP being
						  approved by the DIR or prior to the district entering into a contract with a
						  third party to implement the LCP, the district shall be determined to have
						  complied with Labor Code Section
						  1771.7(a),
						  only upon satisfaction of all of the following:
(1) The DIR has approved either the
						  district's or the third party LCP, and such approval had not been revoked at
						  the time of implementing the LCP.
(2) The district or the third party with whom
						  the district contracted to implement its LCP submitted an application for
						  approval of its LCP in accordance with the DIR's LCP regulations prior to
						  January 1, 2012;
(3) The district
						  submits the report of a third party that has been approved by the DIR to
						  operate an LCP in accordance with DIR LCP regulations, and such approval has
						  not been revoked as of the date of the report. In the case of a district that
						  has entered into a contract with a third party to implement the LCP, the report
						  must be prepared by a different third party that has been approved by DIR to
						  implement an LCP, and such approval had not been revoked as of the date of the
						  report. The report must be submitted to the OPSC and the DIR and include all of
						  the following:
(A) Verification that the
						  applicable duties of an LCP were performed on the project as set forth in Labor
						  Code Section
						  1771.5(b)
						  and DIR regulations; and
(B)
						  Verification that the performance of the applicable LCP duties began within one
						  month after the commencement of the construction work on the project as set
						  forth in Labor Code Section
						  1771.7(b);
						  and
(C) A written record of the
						  LCP's confirmation of payroll records for each month in which a contractor or
						  subcontractor reports having workers employed on the public work pursuant to
						  Title 8 California Code of Regulations, Section
						  16432(c).
(4) The district shall provide notice to each
						  worker for which confirmation of payroll records has been performed pursuant to
						  Title 8 California Code of Regulations, Section
						  16432(c),
						  informing that the district has submitted a written report to the OPSC that the
						  district has initiated and enforced, or contracted with a third party to
						  initiate and enforce, a labor compliance program on the project to monitor and
						  ensure the payment of prevailing wages to workers. The notice shall inform
						  these workers of the manner in which they may contact the OPSC and the DIR
						  concerning the accuracy of the report set forth in subsection (b)(3)
						  above.
(5) The district shall
						  provide the DIR a copy of the report set forth in subsection (b)(3) above at
						  the same time the report is submitted to the OPSC. The DIR may notify the OPSC
						  if the DIR determines the verifications in the awarding body's report to be
						  incorrect.
(6) The report shall not
						  be determined to comply with Labor Code Section
						  1771.7(a)
						  if the DIR submits the notice described in subsection (b)(5) above within 60
						  calendar days of receiving the report in subsection (b)(3)
						  above.