Apprenticeship Requirements - laschools.org · Department of Industrial Relations ... The following...
Transcript of Apprenticeship Requirements - laschools.org · Department of Industrial Relations ... The following...
Apprenticeship Requirements
Presented by:Stephanie Nix
Labor Compliance Technician
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California Labor Code §1777.5
THE BASIC REQUIREMENT
California Labor Code Sections 1777.5 requires all public works contractors and subcontractors to:
Submit contract award information(CCR §230 (a))
Employ registered apprentices(CCR §230.1)
Make training fund contributions(CCR §230.2)
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Submitting the DAS 140 Form
Notification of Contract Award Information
Submitting the DAS 142 Form Requesting and employing State Registered Apprentices
Paying the correct amount for the Apprentice Training Contribution
Employing apprentices within the allowed apprentice-to-journeyman ratio
Employing apprentices under the supervision of a journeyman/men
Paying apprentices the correct prevailing wage rate
Apprentice Requirements (LC 1777.5)
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DAS 140 Form
Contractors and their subcontractors are required to submit the contract award information (DAS 140 Form) to the apprenticeship committee for each applicable craft within ten (10) working days of the date of the execution of the contract, but no later than the first day workers are employed upon the project.
In addition, a copy of the DAS 140 Form is to be submitted to the LCD Office at the following address:
Los Angeles Unified School District Labor Compliance Department
333 S. Beaudry Avenue, 19th FloorLos Angeles, CA 90017
This is simply a notification of award; it is not automatically a request for dispatch of a registered
apprentice.
Notification of Contract Award Information
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The DAS 140 Form can be retrieved either through the LAUSD LCD
website or the DIR website:
LAUSD LCD
http://www.laschools.org/contractor/lc/contractor-documents
Department of Industrial Relations
http://www.dir.ca.gov/DAS/PublicWorksForms.htm
DAS 140 Form
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DAS 142 Form
All contractors & their subcontractors must request the dispatch of apprentices from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least forty-eight (48) hours (business days only) before the date on which the apprentices are required.
If apprentices are not dispatched within seventy-two (72) hours, the contractor shall not be considered in violation of the requirement to employ apprentices for the remainder of the project
(CCR § 230.1a)
Requesting State Registered Apprentices
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The DAS 142 Form can be retrieved either through the LAUSD LCD
website or the DIR website:
LAUSD LCD
http://www.laschools.org/contractor/lc/contractor-documents
Department of Industrial Relations
http://www.dir.ca.gov/DAS/PublicWorksForms.htm
DAS 142 Form
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CAC-2 Form
Contractors must contribute the correct training fund amount to an apprenticeship committee approved by the DAS or the California Apprenticeship Council (CAC).
Contractors who do not contribute to an apprenticeship programmust submit their contributions to the following address:
California Apprenticeship CouncilP.O. Box 420603
San Francisco, CA 94142-0603
(CCR §230.2)
Payment of Apprentice Training Contributions
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CAC-2 Form
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The CAC-2 Form can be retrieved either through the LAUSD LCD
website or the DIR website:
LAUSD LCD
http://www.laschools.org/contractor/lc/contractor-documents
Department of Industrial Relations
http://www.dir.ca.gov/das/DASCAC2.pdf
It is the contractors’ & their subcontractors’ responsibility to ensure that all apprentices working at the project site are registered with the State
The DIR’s website to confirm that an Apprentice is State-registered is:http://www.dir.ca.gov/das/das.html
Apprentices who are not registered with the State must be paid the appropriate journeymen level rate
The following slides will show step-by-step how to verify if your apprentices are registered with the State of California
Employing State-Registered Apprentices
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DIR
Apprenticeship
Select Public Works
Projects for Apprentice
Verification
Apprenticeship Verification
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Select Apprenticeship
Certification for
Public Works
DIR
Apprenticeship
Apprenticeship Verification
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Enter name and
SSN here
DIR
Apprenticeship Verification
Apprenticeship Verification
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No Record Found
DIR
Apprenticeship Verification
Apprenticeship Verification
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Select Add to
List
DIR
Apprenticeship Verification
Apprenticeship Verification
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Select Go To
Certification
Apprenticeship Verification
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DIR
Apprentice Certification
Apprenticeship Verification
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All contractors & their subcontractors must employ State-registered apprentices in accordance with the required apprentice-to-journeyman ratio As specified by the apprenticeable trade or craft; but in no case shall the
ratio be less than, One (1) hour of apprentice work for every five (5) hours performed by a
journeymen
Contractors should monitor the total apprentice hours and journeyman hours per project for each craft
Apprenticeship ratios are calculated at the end of the project or at the end of the subcontractors’ portion of the project
All hours in excess of the allowable ratio will be paid at the journeymen prevailing wage rate
Notification to the Division of Apprenticeship Standards (Labor Code Section 1773.3)
The District will report to the Division of Apprenticeship Standards within five (5) days of finding any discrepancy regarding the ratio of
apprentices to journeymen
Apprentice-to-Journeyman Ratio
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Apprentice-to-Journeyman Ratio can
also be found on LAUSD LCD’s Website at:
http://www.laschools.org/contractor/lc/contractor
-documents.
Ratios of
Apprentices to
Journeymen
LCD Documents
Apprentice-to-Journeyman Ratio
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To obtain the most recent ratios by the DAS, please submit a request to one of the following addresses:
Division of Apprenticeship Standards320 W. 4th Street, Suite #830Los Angeles, CA 90013(213) 576-7750(213) 576-7758 (fax)
Division of Apprenticeship Standards455 Golden Gate Avenue, 10th FloorSan Francisco, CA 94102(415) 703-4920(415)703-5477 (fax)
Apprentice-to-Journeyman Ratio
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Apprentices employed on public works must at all times work with or under the direct supervision of a journeyman/men.
(CCR §230.1(c2))
Supervision of Apprentices
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State-Registered Apprentices
Apprentices shall be permitted to work and be employed at thelower apprentice wage rate if they are registered under a bona fideapprenticeship program with a State apprenticeship agency whichis recognized by the DAS.
Apprentices not registered
Any worker listed on the Certified Payroll Reports as an apprenticeand is found to be not registered with the State must be paid thejourneymen level rate for the classification of the work he/sheactually performed.
It is the contractor’s & subcontractor’s responsibility to ensure thatall the apprentices working at the project site are registered withthe State.
Prevailing Wage Rate for Apprentices
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Contractors who failed to hire State Registered Apprentices usuallyneglected to do the following:
Contractor did not submit timely the correct training fund amount to theappropriate apprenticeship program or CAC throughout the entire durationof the project
Apprentice failed to attend classes
Apprenticeship program may not have notified the contractor of changesmade to the apprenticeship status of an apprentice
Check the DIR website to ensure apprentices remain State registered throughout the entire duration of the project
It is your responsibility to ensure apprentices areregistered with the State
Common Violations - Apprentices
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Assessment of PenaltiesLabor Code §1777.7A contractor or subcontractor that knowingly violates Labor Code §1777.5 and/or apprentice regulations, including failure to submit the Division of Apprenticeship Standards Form (DAS 140 Form) within ten (10) days of the date of the execution of the contract or subcontract, but in no event later than the first day in which the contractor has workers employed upon the project, is one hundred dollars ($100) for each full calendar day of noncompliance. A contractor or subcontractor that knowingly commits a second or subsequent violation of Labor Code §1777.5 within a three-year period, where the noncompliance results in apprenticeship training not being provided as required by the Labor Code, shall forfeit as a civil penalty the sum of not more than three hundred dollars ($300) for each full calendar day of noncompliance, as per Labor Code §1777.7 (LCP Manual, July 2005, Section VI (C)(2)(c), page 25).
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Next Quiz:
Apprenticeship Requirements
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1. A (true)2. B (false)3. A (always)4. C (to request apprentices)5. C (DIR)6. C (DAS)7. B (At the end of the project or at the end of the sub contractor’s portion of the project8. A (http://www.dir.ca.gov)9. B (No)10. B (The Labor Compliance Department conducts an audit, discovers the violation, and requires the contractor to pay back wages at the journeyman level and assesses penalties to the contractor)
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Apprenticeship RequirementsQuiz Answers: