California Code of Regulations 230.1
Contractors that perform work on public works projects bid after July 1,2009, are required to request the dispatch of apprentices in compliance with the updated requirements found in Title 8, California Code of Regulations section 230.1 (“section 230.1”). Public works contractors should become familiar with the section 230.1 and verify that their dispatch request procedures have been updated appropriately.
The Updated Dispatch Procedures
Section 230.1 mandates that if a contractor is not already employing registered apprentices to comply with one-to-five hour ratio, the contractor must request the dispatch of apprentices from an approved apprenticeship program providing training in the applicable craft or trade within the geographic area of the public work site. Effective July 1, 2009, dispatch requests must be written and given to the apprenticeship program at least 72 hours (excluding Saturdays, Sundays and holidays) before the date the apprentices are required. If the apprenticeship program does not dispatch sufficient apprentices, the contractor is then required to request dispatch from another program providing training in area. Contractors are required to repeat the dispatch request process for each approved apprenticeship program in the area until the contractor has either requested dispatched from every program in the area or sufficient apprentices have been dispatched.
If an apprenticeship program dispatches fewer apprentices than requested, the contractor shall be in compliance with section 230.1 if the contractor employs the apprentices who are dispatched and, where there is more than one apprenticeship program able and willing to unconditionally dispatch apprentices, the contractor has requested dispatch from all programs providing training in the applicable craft or trade in the geographic area.
Apprenticeship Programs and Contractors Are Not Required to Amend Their Training Standards
The updated dispatch procedures do not require apprenticeship programs or contractors to compromise their current training standards. Apprenticeship programs are not required to dispatch to contractors that decline to comply with the terms of the apprenticeship program’s standards. Conversely, if no apprenticeship program agrees to dispatch to a contractor that has made a timely dispatch request and has agreed to employ and train apprentices in accordance with either the apprenticeship program’s training standards or the California Apprenticeship Council Regulations, the contractor shall not be in violation of section 230.1 for failure to employ apprentices. Put another way, if a contractor timely requests apprentice dispatch and agrees to employ and train apprentices in accordance with the apprenticeship program’s standards (box 2 on the DAS 140) or the CAC regulations (box 3 on the DAS 140), the contractor will not be in violation as a result of failure to employ apprentices.
What Should Contractors Do?
The amendments to section 230.1 are intended to increase employment opportunities for apprentices by providing that a public works contractor exhaust the availability of all apprenticeship programs in order to be excused from the requirement for employment of apprentices on public works. It is clear that the training and employment of apprentices will be a focus of state enforcement efforts.
Dispatch requests and responses from apprenticeship programs should be maintained and accessible in the event a labor compliance program or the Division of Apprenticeship Standards requests access to these records. The updated regulation specifically requires that all dispatch requests be in writing and sent by first class mail, facsimile or email. Phone calls are not sufficient and.
Finally, contractors should be aware they are entitled to “unconditional” dispatch of apprentices by approved programs. For example, a dispatch of an apprentice would not be unconditional if it required an open shop contractor to sign a written labor agreement or required the contractor to contribute to union sponsored benefit plans.
Contractors should seek the advice of counsel familiar with California prevailing wage and apprenticeship issues if they require additional guidance regarding their apprentice dispatch request obligations.