Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any entity seeking approval to operate a
Labor Compliance Program pursuant to a contract with one or more Awarding
Bodies or Joint Powers Authorities shall submit evidence of its capacity and
ability to operate an effective Labor Compliance Program consistent with
applicable legal requirements, based on the following factors:
(1) Experience and training of the entity's
personnel on public works labor compliance issues, including private sector
experience on behalf of unions or contractors or on a joint labor-management
committee established pursuant to the federal Labor Management Cooperation Act
of 1978 (section 175 a of Title 29 of the United States Code) and participation
in any public works enforcement training provided by the Division of Labor
Standards Enforcement;
(2) The
geographical area in which the entity intends to operate its Labor Compliance
Program and the identity of the Awarding Bodies and Joint Powers Authorities,
if any, with whom the entity intends to contract for operation of a Labor
Compliance Program;
(3) Whether the
entity shares personnel, management, ownership or other close affiliation with
(A) any contractor or subcontractor that within the preceding five years has
been awarded a public works contract within the geographical area with any
Awarding Body or Joint Powers Authority identified in subpart (2) above, (B)
any person or entity who has been the surety on such a contract, (C) any joint
labor-management committee established pursuant to the Federal Labor Management
Cooperation Act of 1978 (section 175 a of Title 29 of the United States Code),
or (D) any person or entity who has represented workers employed in the same or
similar classifications as those employed for such a contract and who has been
engaged in (i) an organizational campaign under the National Labor Relations
Act with contractors competing for such contracts or (ii) a jurisdictional
dispute with another collective bargaining representative of workers utilized
for such contracts;
(4) The record
of any contractor, subcontractor, surety, or worker representative referred to
in subpart (3) above with respect to compliance and enforcement or aiding in
the compliance and enforcement of prevailing wage requirements under the Labor
Code in the preceding five years;
(5) The availability of competent legal
support for the Labor Compliance Program and whether the persons or firms
providing that support also represent any contractor, subcontractor, surety, or
worker representative referred to in subpart (3) above;
(6) The availability and quality of a manual
outlining the responsibilities and procedures of the Labor Compliance Program
to any Awarding Body or Joint Powers Authority with which it
contracts;
(7) The method by which
the Labor Compliance Program will transmit notice to the Labor Commissioner of
violations which may lead to debarment under Labor Code Section
1777.1;
(8) Awareness of the rights and
responsibilities imposed on the Labor Compliance Program as an agent of a
governmental agency under section
16421(c) above and
the existence of procedures designed to inform personnel of the Labor
Compliance Program of these rights and responsibilities and to insure the
compliance of employees and consultants who participate in making governmental
decisions with conflict of interest reporting requirements, such as through
participation in internet-based or live training programs provided by the Fair
Political Practices Commission; and
(9) The identity by job title and number of
program employees who will participate in making governmental decisions within
the meaning of Title 2 California Code of Regulations sections 18700 through
18702.4 or any successor regulations, and whether required statements of
economic interest (FPPC Form 700) will be filed with local awarding bodies with
which the program contracts, with the Director, or with some other specified
entity.
(b) The Director
shall notify the applicant within 60 days of receipt of the request for
approval that approval is granted and the effective date of approval, or that
the request is incomplete and of the materials necessary to complete the
request or that the request is disapproved for other reasons.
(c) The Director may grant approval on an
interim or temporary basis and may impose specific restrictions on a Program's
approval based on factors limiting its capacity and ability to operate an
effective Labor Compliance Program or conflict of interest concerns, subject to
reasonable conditions for removing an interim or temporary designation or other
specified restrictions.
(d) The
Director will maintain a list of all approved third party Labor Compliance
Programs, including programs approved on an interim, temporary or restricted
basis, for distribution to interested parties upon request.
(e) When the Director has approved a third
party entity to operate a Labor Compliance Program pursuant to Article 2 of
this subchapter, that approval shall extend to any Awarding Body or Joint
Powers Authority that has contracted with the approved entity for operation of
its Labor Compliance Program, subject to the following:
(1) No such approval shall apply unless the
Awarding Body or Joint Powers Authority has first provided written notice to
the Director of its contractual relationship with the approved entity together
with such further information as the Director may reasonably require to
document that relationship, as well as notice of whether or not the Awarding
Body intends to initiate and enforce its Labor Compliance Program for all
public works projects in which the Awarding Body participates;
(2) The parties shall provide immediate
written notice to the Director and the Labor Commissioner upon the termination
or proposed termination of such contractual relationship; and
(3) For good cause, the Director may disallow
or withdraw approval for the operation of a Labor Compliance Program as to any
particular Awarding Body or Joint Powers Authority, whether or not the third
party entity remains approved to operate a Labor Compliance Program on behalf
of one or more other Awarding Bodies or Joint Powers
Authorities.
(f) A third
party Labor Compliance Program with an initial approval or extended initial
approval that is set to expire on or after January 30, 2009, shall be entitled
to convert to approved status without a prescribed expiration date and subject
to revocation only in accordance with section
16428 below, upon providing
satisfactory evidence to the Director of all of the following:
(1) the program has submitted timely,
accurate, and complete annual reports in accordance with section
16431 below;
(2) the program continues to employ personnel
with experience and training on public works labor compliance issues;
(3) competent legal support remains available
to the program;
(4) the program's
manual of policies and procedures has been updated to accurately reflect any
amendments to the public works laws and regulations (including the laws and
regulations governing Labor Compliance Programs) between the time of the
program's approval and the effective date of this subpart (f); and
(5) the program is in compliance with any
specific conditions placed by the Director on its approval, and there is no
written decision, order, or directive that requires the program to cease or
limit its operations as of a specified date.
1. New
section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).
2.
Renumbering of former section 16426 to section
16425 and new section 16426 filed
10-19-2004; operative 11-18-2004 (Register 2004, No. 43).
3.
Amendment of section heading, section and NOTE filed 12-22-2008; operative
1-21-2009 (Register 2008, No. 52).
Note: Authority cited: Section
1773.5, Labor
Code. Reference: Sections
1771.5 and
1777.1, Labor
Code; and Section 175 a, Title 29, United States
Code.
