California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 2 - California Apprenticeship Council
Subchapter 1 - Apprenticeship
Article 5 - Equal Opportunity in Apprenticeship
Section 214.3 - Record Keeping
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) General obligation. Each program in the building and construction trades must collect such data and maintain such records as DAS or the Administrator finds necessary to determine whether the program has complied or is complying with the requirements of Labor Code section 3073.9 and its implementing regulations. Such records must include, but are not limited to records relating to:
(b) Program identification of record. For any record the sponsor maintains pursuant to Labor Code section 3073.9 and its implementing regulations, the program must be able to identify the race, sex, ethnicity (Hispanic or Latino/non-Hispanic or Latino), and when known, disability status of each apprentice, and where possible, the race, sex, ethnicity, and disability status of each applicant to apprenticeship and supply this information upon request to DAS or the Administrator.
(c) Maintenance of records. The records required by Labor Code section 3073.9 and its implementing regulations and any other information relevant to compliance with this section must be maintained for 5 years from the date of the making of the record or the personnel action involved, whichever occurs later, and must be made available upon request to DAS or the Administrator or other authorized representative in such form as DAS or the Administrator may determine is necessary to enable DAS or the Administrator to ascertain whether the program has complied or is complying with Labor Code section 3073.9 and its implementing regulations. Failure to preserve complete and accurate records as required by subdivisions (a) and (b) of this section constitutes noncompliance with Labor Code section 3073.9 and its implementing regulations.
(d) Confidentiality and use of medical information.
(e) Access to records. Each program must permit access during normal business hours to its places of business for the purpose of conducting on-site evaluations under Labor Code section 3073.1 and complaint investigations and inspecting and copying such books, accounts, and records, including electronic records, and any other material DAS or the Administrator deems relevant to the matter under investigation and pertinent to compliance with Labor Code section 3073.9 and its implementing regulations. The program must also provide DAS or the Administrator access to these materials, including electronic records, off-site for purposes of conducting evaluations under Labor Code section 3073.1 and complaint investigations. Upon request, the program must provide DAS or the Administrator information about all format(s), including specific electronic formats, in which its records and other information are available. Information obtained in this manner will be used only in connection with the administration of Labor Code section 3073.9 and its implementing regulations or other applicable equal employment opportunity laws.
Note: Authority cited: Sections 3071 and 3073.9, Labor Code. Reference: Section 3073.9, Labor Code.