In California, contractors on public works projects must use apprentices if the contract for the project is worth $30,000 or more. The only exception is if the craft or trade does not require apprentices or if the Division of Apprenticeship Standards (DAS) grants an exception. Other than these instances, apprentices must be used on the job.
The start of the process to get apprentices for your job is to submit form DAS 140, which notifies local apprenticeship committees about the project. You can read this article to learn how to complete this step. Next, you have to submit form DAS 142, which is a request for the dispatch of an apprentice.
Today we’re going to look at the DAS 142 form to understand how to submit it so you’re compliant with all apprenticeship requirements.
Why are apprentices required in California?
This comes down to Labor Code 1777.5 (g), which requires contractors working on public works jobs to maintain a ratio of five journeymen hours per one apprentice hour. This refers to straight time hours, not overtime hours. So by the end of your project, apprentice hours have to equal one hour for every five journeyman hours for each applicable craft. This means that if you have 100 total journeyman hours for a craft that requires the use of apprentices when your project closes out, you must have 20 apprentice hours within that same craft.
An exception to this is if you are under a specific approved apprenticeship program. In this case you follow the ratio set up by the program’s standards. The program you’re set up with, or the Division of Apprenticeship Standards (DAS) can help you locate this information.
When do you have to submit a DAS 142 form?
The minimum apprentice hourly ratio of five journeymen hours per one apprentice hour as required by Labor Code 1777.5 (g) is per craft and only includes straight time hours, not overtime. At the end of the project, straight time apprentice hours must equal one hour for every five straight time journeyman hours for each craft. For example, if you have a total of 100 journeyman hours at the end of the project in a craft, you will need 20 apprentice hours in that same craft.
How long do you have to submit the DAS 142 form?
The form must be submitted at least three business days before apprentices are required, excluding weekends and holidays. Since adherence can be quite strict, however, you may want to aim to submit it a week in advance.
How do you submit the DAS 142 form?
You can submit the form by mail, fax or email. Since proof of submission may be required, you’ll want to keep records of emails and faxes, or require tracking on submissions mailed by first-class mail.
What information is required for the DAS 142 form?
Completing the form is quicker and easier if you have all the information needed before you get started. This includes the following:
– Name, mailing address and contact information of the apprenticeship committee receiving the form.
– Your company’s address, license number, contact information and PWC registration number.
– Project details including the name, physical address, PWC number, contract number and the total contract amount and total subcontract amount. You don’t need to include the subcontract amount if the project is being completed in its entirety by you.
– Number of apprentices needed along with their craft or trade.
– Date and time for the apprentices to report, address they need to report to and the name of the person they will report to when they arrive.
Mistakes to avoid on form DAS 142
While the form is not complicated, there are some things you’ll want to be mindful when filling it out. Here are some tips to help prevent mistakes and delays in processing:
– Fill the form out completely, and accurately the first time around. If you don’t, you may have to resubmit it, which could actually put you out of compliance as you’re required to submit it at least 72 hours before apprentices are needed.
– Do not put TBD or leave fields blank, as this can cause rejection and require you to resubmit the form.
-The form must be sent to the apprenticeship program you are requesting apprentices from, do NOT send it to the Division of Apprenticeship Standards (DAS) directly.
– Apprentices must be requested and employed in increments of at least 8 hours unless the total project requires less than 40 journeymen hours.
And remember, failing to comply with all requirements of public works projects can lead to penalties, including daily fines and even legal action. You can avoid this by having a process in place to correctly fill out and submit both DAS 140 and DAS 142.
The material presented here is educational in nature and is not intended to be, nor should be relied upon, as legal or financial advice. Please consult with an attorney or financial professional for advice.