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Public works information - frequently asked questions

Topics covered in this FAQ include:

Notification of Contract Award
Employing Apprentices
Training Fund Contributions

When should I submit a DAS 140 or notification of Contract award?

Prior to commencing work on a contract for public works, every contractor needs to submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted must include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed.

Where do I send the DAS 140?

Contractors need to provide contract award information to the apprenticeship committee for each applicable apprenticeable craft or trade in the area of the site of the public works project that has approved the contractor to train apprentices. Contractors who are not already approved to train by an apprenticeship program sponsor must provide contract award information to all of the applicable apprenticeship committees whose geographic area of operation includes the area of the public works project. This contract award information must be in writing and may be a DAS Form 140, Public Works Contract Award Information. Information about the approved programs is available at the DAS website.

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What is a registered apprentice?

An apprentice is someone who has signed an agreement with an employer, an approved apprenticeship program or program sponsor, and whose agreement is registered with the Division of Apprenticeship Standards (DAS). Only an approve apprenticeship program can provide a contractor with a registered apprentice on public works projects.

Do programs that provide apprentices for public works projects provide workers compensation benefits for the apprentice they send out to jobs or is the responsibility of the contractor and/or subcontractor?

This responsibility lies with the contractor and/or subcontractor.

How can I find the names of the applicable approved apprenticeship programs/committees?

Two suggestions:

  • Contact the DAS District office whose assigned geographic areas of responsibility cover the county/ies in which the public works project is located.
  • Visit our interactive website

As a contractor who has been awarded a public works contract, and has my own employees, am I still required hiring registered apprentices?

Important Notice: see changes in Code of Requlations setions 230.1, regarding the employment of apprentices on Public Works

Yes.

I am a non-union contractor. Am I required to hire an apprentice?

Yes, you must request dispatch from all approved program s in the geographic area of the project.

Can I employ my friend, family, or my own employee who is still beginning to learn a particular trade, as an apprentice?

No. The law requires that you employ only apprentices who are registered with an approved program. However, if your friend or your employee is a registered apprentice, and has been dispatched to you by an approved apprenticeship program, yes you can.

What happens if I employed my friend who is not a registered apprentice and I paid him the journeyman rate?

You may employ your friend and pay him journey wages but this does not affect the apprenticeship requirements.

What are the benefits and advantages to hiring a registered apprentice?

The benefits of hiring an apprentice registered in a state approved program are:

  • Lower pay rate than the journeyman pay rate.
  • Elimination of recruitment programs for workers who are already trained.
  • Creates a diversified and flexible workforce and larger pool of employees with specific skills.
  • Increases productivity; employees in a structured training program are motivated to achieve.

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What if a non-participating or non-signatory contractor or a contractor who is not approved to train apprentices does not make the training fund contributions to the applicable approved apprenticeship program, can the contractor send instead the contributions to the California Apprenticeship Council (CAC)?

Yes. Contractors who do not contribute to an approved apprenticeship program must submit their contributions to:

California Apprenticeship Council (CAC)
P. O. Box 101325
Pasadena, California 91189-0005

Where can a contractor go to obtain journeyman prevailing wage rates and training fund amounts due?

The contractor can call the Division of Labor Statistics and Research (DLSR) at (415) 703-4774.

I am a contractor and I paid my employees the training fund contribution instead of the applicable program. Am I still required to pay into a training fund?

Yes.

Can I wait until the end of the project to pay my training funds?

No! Training funds are due & payable by the 15th of the month after the month the work was performed.

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What are the instances in which a contractor on a public works project is considered exempt from the requirements of LC 1777.5?

They are:

  • Labor Code 1777.5 does not apply to general contractors whose contract is under $30,000.
  • When the craft or trade is not apprenticeable.
  • When the contractor holds a sole proprietor license and no workers were employed by the contractor. In other words, the contractor performed the entire work from start to finish and worked alone.
  • When the project is a federal project and the funding of the project does not contain any city, county, and/or state monies unless the project is administered by a state agency in which case the apprenticeship requirements apply.
  • When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.

What if I am exempt from the requirements of California Labor Code Section 1777.5 as my situation falls under one of the exemptions listed above. Do I still have to provide a "Notice of Contract Award" (DAS 140 form) to the applicable program?

You do not have to submit a "Notice of Contract Award". However, for purposes of letting the applicable program know of your exemption, you may, nevertheless, want to provide the form to the applicable program so they are aware of your exemption.

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July 2013