Skilled and Trained Workforce Legislative Updates

SUMMARY – What the jobs that mandate a skilled and trained workforce will require is as follows:

All the employees on the project need to be one of the following:

1. A registered apprentice

Or…

2. A qualified journey person

A qualified journey person is defined as:

1. A journeyman who has graduated from a state approved apprenticeship program

Or…

2. A journeyman who has at least the amount of time in the industry equivalent to have graduated from an approved apprenticeship program.

* Of the qualified journey persons on the job, 20%-60% (depending on the year of the project) need to have graduated from a state approved apprenticeship program.

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Skilled and Trained Workforce

Program Goal:

To provide union contractors who participate in a jointly sponsored apprenticeship program, a leg up in the bidding process for some public works projects by requiring contractors who bid those projects to utilize a skilled and trained workforce.

Requirement Overview:

Projects that are subject to Skilled and Trained Workforce Requirements pursuant to the laws of California were established by one of the following chaptered bills:

1. AB 566 (effective 1/1/2016), AB 1358 (effective 7/1/2016) and AB 1185 (effective 1/1/2016) for school districts entering into lease-leaseback contracts, design-build contracts or best value contracts (LAUSD pilot program);
2. The pilot program established by SB 762 (effective 1/1/2016) in Alameda, Los Angeles, Riverside, San Bernardino, San Diego, Solano and Yuba counties for “best value” qualifying projects in excess of one million dollars ($1,000,000); or
3. SB 785 (chaptered into law in 2014) for design-build projects for the Department of General Services, the Department of Corrections and Rehabilitation and all cites, counties and special districts.

The law requires that all contractors on these types of projects use a “Skilled and Trained Workforce” which meets all of the following conditions:

1. All workers are either skilled journeypersons (per definition in Item 4 below) or are apprentices registered in a Division of Apprenticeship Standards (DAS) approved apprenticeship program.

2. Individuals employed in an appreciable occupation (An “apprenticeable occupation” is an occupation for which the Division of Apprenticeship Standards had approved an apprenticeship program before January 1, 2014, for AB 566, AB 1358, SB 762 and SB 785, or January 1, 2015 for AB 1185) to perform work on these types of projects are comprised of skilled journeypersons that are graduates of a DIR approved apprenticeship program meeting the specific percentages and timeline as follows:

1. 2016
   1. At least 30% by 1/1/16 for AB 566 (Lease-Leaseback – Schools)
   2. At least 20% by 7/1/16 for AB 1358 (Design-Build – Schools)

• At least 20% by 1/1/16 for AB 1185 (LAUSD Best Value)

1. At least 20% by 1/1/16 for SB 762 (Best Value Pilot for the 7 Specified Counties)
2. At Least 20% by 1/1/16 for SB 785 (Design-Build – DGS, CDCR and various local agencies)

1. 2017
   1. At least 40% by 1/1/17 for AB 566 (Lease-Leaseback – Schools)
   2. At least 30% by 7/1/17 for AB 1358 (Design-Build – Schools)

• At least 30% by 1/1/17 for AB 1185 (LAUSD Best Value)

1. At least 30% by 1/1/17 for SB 762 (Best Value Pilot for the 7 Specified Counties)
2. At Least 30% by 1/1/17 for SB 785 (Design-Build – DGS, CDCR and various local agencies)

1. 2018
   1. At least 50% by 1/1/18 for AB 566 (Lease-Leaseback – Schools)
   2. At least 40% by 7/1/18 for AB 1358 (Design-Build – Schools)

• At least 40% by 1/1/18 for AB 1185 (LAUSD Best Value)

1. At least 40% by 1/1/18 for SB 762 (Best Value Pilot for the 7 Specified Counties)
2. At Least 40% by 1/1/18 for SB 785 (Design-Build – DGS, CDCR and various local agencies)

1. 2019
   1. At least 60% by 1/1/19 for AB 566 (Lease-Leaseback – Schools)
   2. At least 50% by 7/1/19 for AB 1358 (Design-Build – Schools)

• At least 50% by 1/1/19 for AB 1185 (LAUSD Best Value)

1. At least 50% by 1/1/19 for SB 762 (Best Value Pilot for the 7 Specified Counties)
2. At Least 50% by 1/1/19 for SB 785 (Design-Build – DGS, CDCR and various local agencies)

1. 2020
   1. At least 60% by 7/1/20 for AB 1358 (Design-Build – Schools)
   2. At least 60% by 1/1/20 for AB 1185 (LAUSD Best Value)

• At least 60% by 1/1/20 for SB 762 (Best Value Pilot for the 7 Specified Counties)

1. At Least 60% by 1/1/20 for SB 785 (Design-Build – DGS, CDCR and various local agencies)

3. For an apprenticeable occupation in which no apprenticeship program had been approved before January 1, 1995, (i.e. Laborers), up to one-half of the graduation percentage may be satisfied by skilled journeypersons who commenced working in an apprenticeable occupation prior to the approval of an apprenticeship program for that occupation.

4. A “skilled journeyperson” is defined as a worker who either: a) graduated from an apprenticeship program for the applicable occupation that was approved by the DAS or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of labor; or b) has at least as many hours of on-the-job experience in an applicable occupation as would be required to graduate from a DAS approved apprenticeship program for the applicable occupation.