California public works contractors are obligated to use apprentices if they work on contracts valued at $30,000 or more. The total amount of the contract determines if apprentices are required. This means that if a contractor or subcontractor’s part of the contract is less than the $30,000 threshold, the apprenticeship requirement still applies. The only exception to this is if the craft or trade does not require apprentices, which is indicated on the wage determination. Occasionally, the Division of Apprenticeship Standards (DAS) grants exceptions to this rule as well.
Today we’re going to look at the DAS 140 form to better understand what it is and how to stay compliant with apprenticeship requirements.
When do you have to submit a DAS 140 form?
The DAS 140 form is used to notify local apprenticeship committees that you’re working on a project which will be using apprentices. Anytime you’re required to use apprentices, you must submit the form
How long do you have to submit a DAS 140 form?
You have 10 days from when the contract or subcontract was signed to submit form. It absolutely must be submitted before the first day workers are employed for the project. You are considered out of compliance if you submit the DAS 140 outside of the allowable timeframe, and may be subject to penalties.
Where do you submit the DAS 140 form?
If you’re approved to train apprentices, you submit the DAS 140 form to your local apprenticeship committee. If you cannot train apprentices, you have to send the form to all apprenticeship committees for your craft or trade in the area where the public works project will be done.
The check boxes on the DAS 140 form correlate to where you need to send them as well.
Box 1: If you are affiliated with an apprenticeship program already, you check this and send the form to them.
Box 2: If you are not affiliated with an apprenticeship program but want to be, check this and send to all apprenticeship committee in the area where the job is located. This is only in effect for the job listed, and you must comply with their standards for the duration of the job.
Box 3: If you aren’t affiliated with an apprenticeship program and don’t want to be, you still have to comply with all California Apprenticeship Council regulations which includes § 230.1 (c). In this situation you must send the form to all apprenticeship committee in the area where the job is located.
It is important to remember that the DAS 140 form is never submitted to the Division of Apprenticeship Standards.
How do I find apprenticeship programs in my area for my craft or trade?
You can search the apprenticeship programs information guide operated by the California Department of Industrial Relations. To use the search, you select the county and occupation to find corresponding registered apprenticeship program sponsors. If you can’t find one, it’s possible that you’re searching for a sub-craft. If you can’t locate what you need, you can inquire with the DAS office in the county where the project is locate.
Find your local DAS office here.
What type of info do I need to fill out the DAS 140 form?
You need basic information about your company, including your official name, address, state contractor’s license number and contact information. You’ll also need information regarding the contract, including the agency warding it, the name and location of the project, start or expected start date and the date the contract was executed.
You will also need information about the number of journeymen hours, occupation of apprentice needed, estimated apprenticeship hours and estimated start date. It is important to estimate start dates and number of hours as close as possible. You cannot put TBD because it can invalidate your form.
The DAS 140 is important to keep your public works project compliant. It needs to be completed correctly, and in full, and submitted in the correct timeframe. If anything is off, you could find yourself facing penalties that can total $300 a day. If you aren’t sure how to handle apprentices for your public works job, you can talk with your local DAS office for specific guidance.
Download form DAS 140 here.
Locate your local DAS here.
Learn more about public works apprentice requirements here.
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.
