Published date: 10/04/2021
One of the many aspects of compliance that public works contractors in California need to keep in mind is the state’s distinct set of regulations involving apprentices. This should hardly come as any surprise for those experienced with work in the golden state; it’s known to be among the most stringent when it comes to compliance laws. And apprenticeship requirements are no exception.
A significant part of California’s apprenticeship guidelines include adhering to stipulations outlined in Labor Code Section 1777.5 and CCR Title 8, section 230.1, which require filling out the DAS (Division of Apprenticeship Standards) 140 and DAS 142 forms. These forms are mandatory for any contractor that needs to utilize an apprenticeable craft on one of their jobs, and they must submit them for each classification.
If you are new to the public works scene or need a refresher on these form requirements, don’t fret. This blog will be the first of a two-part series covering the ins and outs of these forms. We’ll start with the DAS 140.
Overview of the DAS 140 Form
The DAS 140 form is used to notify apprenticeship committees that your public works project is going to be using apprentices for a given craft.
It’s important to note that the form is not to be sent to the DAS itself; it should be sent to either: 1) your chosen local apprenticeship committee, or 2) all apprenticeship committees in your area. Additionally, you should understand that this form it not a request for dispatch. If you would like to make a request for the committees to send apprentices, you may do so by filling out the DAS 142 and sending it to your local apprenticeship committee. We will cover the DAS 142 more in the second part of this blog series.
When should I submit a DAS 140 or notification of contract award?
The DAS 140 form must be submitted within 10 days of signing the contract for a project, regardless of whether you’re a prime contractor or subcontractor. That being said, it also must NOT be sent any later than the first day of starting work. Whichever of those two conditions occurs first determines the deadline for submitting the form. It’s considered best practice to not staff your project until after filing the DAS 140.
What information needs to be filled out by the contractor on the form?
Contractor Information: The contractor needs to fill out their company’s name and address, state license number, and telephone number.
Contract Award Information: You must fill out the name and address of the project, the agency awarding the project, the date of contract execution, and the date when the contract is expected to start.
Needs: You must also fill out the estimated number of journeymen hours worked on the project, the craft and classification of the apprentice, the estimated number of apprentice hours worked (either by ratio or percentage of the total estimated hours), and the approximate dates the apprentice will be needed.
Where do I send the DAS 140 form?
There will be a section on the form prompting you to check one of three boxes. The box selected by the employer will determine where the form should be sent.
Check Box 1 if: your company is already affiliated with a formal apprenticeship program. In this situation, you would send it to your formal apprenticeship program and designate as such by entering their name on the line next to the check box.
Check Box 2 if: your company is not affiliated but willing to be affiliated with a program. Keep in mind, however, that you must abide by the standards of the program you enter here. Send this form to all approved apprenticeship committees in the respective county for the trade noted on the form.
Check Box 3 if: your company is not affiliated with a program and is not willing to be affiliated. Just like the previous option, you must still then send this form to all approved apprenticeship committees in the respective county for the trade noted on the form.
An important note: you can use the California Department of Industrial Relations (DIR) website to find apprenticeship programs for a given craft. Visit: https://dir.ca.gov/databases/das/aigstart.asp
What could cause the DAS 140 form to be invalid?
The form could be considered invalid if the contractor neglects to fill out any aspect of the form. Remember, if you are sending the form to multiple committees, each separate form should have the distinct committee name entered on the line next to the check box. Also, contractors must put specific dates or a date range. You may not use “TBD” or any other placeholder if the date is unknown.
Is there a penalty associated with not complying with regulations?
Yes, like most compliance violations, there are repercussions. Failure to provide contract award information and comply with DAS 140 regulations may result in penalties up to $300 per day accrued throughout the course of the project.
As always, its best to have your ducks in a row and ensure you have fulfilled your obligations as a contractor prior to starting your project. Stay tuned for the next blog where we dive into the DAS 142 form and cover how to request apprentices from apprenticeship committees.
If you’d like to learn more about apprenticeship requirements and other prevailing wage compliance related topics, check out LCPtracker Academy.