If you have any questions about public works projects in Northern California, the Work Preservation Fund can help. We will collaborate with you to find the solution if we are unsure!
The investigations conducted by the Work Preservation Fund and the enforcement measures that follow, aid in the removal of dishonest contractors from public works projects and promote more competitive bidding practices. A contractors bid on subsequent projects typically become more competitive after they have lost all profit on a public works project as a result of citations for violations that lead to assessments for unpaid wages and fines.
You can assist us by informing us of any public works projects you would like us to monitor, as we are not aware of all of them (in Northern California). Send us the WPF Referral Form with as much information as possible, and we’ll keep you informed as the investigation progresses. Be advised that these investigations could take years to complete. If the WPF finds issues after the project is finished and files a complaint with the relevant state agency, it could take up to 18 months for the state of California to look into the matter.
The official project name (as stated by the awarding agency on the invitation to bid) and the awarding agency name are the bare minimum of information we want from a contractor on the referral form. Please include any additional information you may have, such as bid details from the general contractor or the awarding agency, with the referral form. The Work Preservation Fund Referral Form can be found at https://www.wpfcompliance.org/referral/ .
“BASIC APPRENTICESHIP REQUIREMENTS ON CALIFORNIA PUBLIC WORKS PROJECTS”
According to California Labor Code 1777.5, contractors must use registered apprentices for all apprenticeable crafts at a rate of one apprentice hour for every five journeyman hours on any public works project costing more than $30,000. In man-hours, this ratio is used. For example, 40 apprentice hours are required for a public works project with 200 journeyman painter hours. The apprentice needs to be registered. To find out if an apprentice is registered, visit http://www.dir.ca.gov/das/appcertpw/AppCertSearch.asp.
California has a new requirement that any contractor desiring to work on public works project, must be registered with the states Division of Industrial Relations (DIR). Visit the link to register: http://www.dir.ca.gov/Public-Works/PublicWorksContractorsAndSubcontractors.html
For a fact sheet regarding this requirement, click here: http://www.dir.gov/DLSE/PublicWorks/SB854FactSheet_6.30.14.pdf
- Division of Apprenticeship Standards (DAS) Form 140 – Notice of Contract Award
- Within 10 days of the contract being awarded, but no later than the first day the contractor hires workers for the public works project; you must submit the DAS Form 140 as required by 8 CCR § 230(a) to your approved apprenticeship training committee if you are authorized to train.
- If you are not authorized to train, all approved apprenticeship training committees for your trade within the projects geographic area must receive this form. To find the approved programs for your project area, visit http://www.dir.ca.gov/databases/das/aigstart.asp
- DAS Form 142 – Request for Dispatch of an Apprentice
- To request an apprentice be dispatched to your project, this form is sent to your approved apprenticeship committee. This form must be sent at least 72 hours prior to the date you want the apprentice on site.
- If you are unable to obtain enough apprentices to meet the required ratio, then this form must be sent to all approved training programs in the geographical area of the project.
- Although it’s not required, we advise you to send the form stating that you will not be requesting apprentices because you already have registered apprentices in your employ and won’t need to request dispatch to meet your ratio requirement. To reduce payment delays, some awarding agencies demand the form before payment.
- Apprentices must be requested and hired for a minimum of 8 hour increments, with the exception of projects requiring less than 40 hours of labor (8CCR 230.1(a)).
- Training Fund Contributions – “A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprentice able craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. Training funds are due & payable by the 15th of the month after the month the work was performed.” – DIR
- “A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project.” – DIR
- “Training Contributions must be paid for every hour worked by every journeyman and apprentice working in an apprentice able craft (including overtime). Training Funds cannot be paid to the workers unless it is a non-apprentice able craft.” – DIR