As we have stressed over the years, not hiring, or attempting to hire apprentices on California public works project can lead to devastating fines:
$148k DIR Fine – Failure to File DAS 140/142 forms
$142K DIR Fine – Failed To Employ Apprentices
Here are a few of California DIRs apprentice hiring requirements:
Contractors working on a public works project valued at $30,000 or more have an obligation to hire apprentices. With few exceptions, this duty applies to all contractors and subcontractors on a project, even if their part of the project is valued at less than $30,000. These exceptions include:
- General contractors whose total contract is worth under $30,000.
- When the craft or trade is not appropriate for apprentices.
- When the contractor holds a sole proprietor license and personally performs all the work from start to finish, unassisted.
- In the case of a federal project when funding does not include any city, county, or state monies and that is not administered, controlled, or carried out by awarding bodies in California.
I am a small subcontractor and my job will take less than 40 hours. Am I exempt from hiring apprentices?
No, you must still submit a DAS 140 and 142. However, you may request apprentices in less than 8 hour increments. Important Notice: see changes in Code of Regulations section 230.1, regarding the employment of apprentices on Public Works
Completing the DAS 140, Boxes 1 – 3
What are the differences between box 1, 2, and 3 at the bottom of the DAS 140?
– Box 1 is for contractors who are already approved to train by an apprenticeship program (signatory/member).
– Box 2 indicates that a contractor is willing to comply with a program’s Standards for the current project only. This generally means that the fringe benefits and the training funds will be paid to that Committee’s Trust Fund. It also allows a contractor to take advantage of a more generous maximum ratio than the CAC Standards, but does not affect the minimum ratio of 1 apprentice hour for every 5 journeyman hours.
– Box 3 means that a contractor will be governed by the regulations of the California Apprenticeship Council. Generally this means that the minimum and maximum ratio for apprentices is the same – 1 apprentice hour for every 5 journeyman hours per each craft, totaled at the end of the project. It also means the Training Fund Contribution is usually paid to the California Apprenticeship Council.
