DAS 140 and 142 Forms: Easy Guide for Contractors

When engaged in public works projects in California, contractors must navigate various legal and bureaucratic requirements to ensure compliance with state laws, particularly those concerning labor practices. According to California Labor Code 1777.5 and California Code of Regulations 230.1, any California Public Works contract worth $30,000 or more mandates that contractors must employ apprentices. This requirement is applicable to all contractors and subcontractors involved in the project, regardless of whether a particular subcontract is valued at less than $30,000. Key to these requirements are the DAS 140 and DAS 142 forms, which are essential documents used to manage and report the employment of apprentices on public works projects

This guide offers a straightforward approach to accurately understanding and completing these forms, ensuring compliance with the California Department of Industrial Relations and aiding smooth project operations. This overview will help contractors understand the importance of these forms and provide step-by-step instructions on how to fill them out correctly, helping to meet legal obligations and promote fair labor practices.

Overview: DAS 140 and 142 Forms

The DAS 140 and DAS 142 forms are crucial documents in California's public works and construction projects, mandating compliance with the state's apprenticeship laws. These forms are designed to ensure that contractors and subcontractors engage a satisfactory number of apprentices on public projects, thus fulfilling the obligations under the California Apprenticeship Standards Act. The DAS 140 form, also known as the "Contract Award Information" form, requires contractors to provide information on contracts awarded and the request to dispatch apprentices. On the other hand, the DAS 142 form, or "Request for Dispatch of an Apprentice," must be submitted when the contractor is ready to employ apprentices in the workforce.

These documents foster skill development through real-world training and help maintain fair labor practices and wage distributions. Accurately completing and submitting these forms is paramount, as they affect compliance with prevailing wage laws and can impact project funding and completion.

When to Use DAS 140 and DAS 142 Forms

Understanding the appropriate timing for using the DAS 140 and DAS 142 forms can assist contractors in maintaining compliance without delays or penalties. These forms have specific instances in which they must be utilized:

Use of DAS 140 Form

The DAS 140 form should be completed and submitted by the contractor for each contract on a public works project.

The submission must be made -

• Immediately upon being awarded a public works contract: This initial submission helps the applicable apprenticeship committees (CACs) to prepare for potential placements.
• Within ten days after the contract award: Ensuring timely submission within this timeframe is crucial for compliance.
• Any time there is an increase in the workforce for a new trade or area not previously covered: This helps in adjusting the requirement for apprentices accordingly.

Submitting the DAS 140 form promptly ensures the apprenticeship committees can allocate resources and apprentices efficiently, supporting compliance with skilled workforce requirements.

Use of DAS 142 Form

The DAS 142 form is necessary whenever a contractor is ready to request an apprentice to be dispatched to their public works project. Relevant timings include:

• Before the commencement of work for each apprentice-employing trade on the project: This ensures that apprentices are available from the beginning of the activity in the specific trade.
• Whenever additional apprentices are needed for the project: This might be due to either an expansion of the project scope or an increase in labor hours.

By understanding and adhering to these timing guidelines for the DAS 140 and DAS 142 forms, contractors can significantly reduce the risk of non-compliance with state apprenticeship laws and contribute to a properly trained, fair-wage-earning workforce.

Contractor Responsibilities When Meeting the Apprentice Mandate Criteria

When working on public works projects in California, contractors must comply with several regulatory requirements involving the employment of apprentices. One key responsibility is meeting the apprentice mandate criteria outlined by the California Department of Industrial Relations (DIR) and governed by state labor codes. Understanding and adhering to these requirements is crucial not only for legal compliance but also for fostering skill development in the construction industry.

As a contractor, you must ensure that:

• You request to dispatch apprentices from local apprenticeship programs for every trade on the project where certified apprentices are available. This includes maintaining a regular ratio of apprentices to journeymen as specified for your specific trade.
• You employ the dispatched apprentices for at least as many hours as specified in the apprenticeship standards under which they are trained.
• You maintain accurate records of the work hours apprentices complete and submit these details through certified payroll reports.
• In situations where no apprentices are available after a request to an applicable program, you must file the DAS 142 form to demonstrate this condition has been met. This form serves as your proof that an effort was made to employ apprentices on the project in compliance with state laws.

Failure to comply with these provisions can lead to penalties, including fines and restrictions on future state contracts.

How to file your DAS 142 Forms

Filing your DAS 142 form, known as the "Request for Dispatch of an Apprentice" form, is a process that requires attention to detail to ensure all information is accurately recorded. This form is particularly used when apprentices in the required trade are not available for work on public works projects. Here's a simple guide on how to file this form effectively:

Access the Form: First, download the DAS 142 form from the California Department of Industrial Relations website. Ensure you're using the most recent version to avoid processing delays.

Fill Out the Form: Enter all necessary details about the project, including the public works project ID, contract number, and your contact information. Specify the trade or crafts for which you requested apprentices and the date of request.

Statement of Non-Availability: Detail the response received from the applicable apprenticeship committee regarding the non-availability of apprentices. It's important to include this information to substantiate your claim.

Submission: Once completed, the form must be submitted to the Division of Apprenticeship Standards. Confirm the submission method required, as some local offices may prefer or require electronic submissions while others may still accept paper forms.

Record Keeping: Keep a copy of the filled-out form, along with any confirmation receipts and correspondence with the apprenticeship committee. These documents are vital for your records and may be required for future reference, particularly during audits or compliance checks.

By carefully filling out and submitting your DAS 142 forms, you can ensure that you meet the necessary criteria and maintain compliance with state regulations on employing apprentices on public works projects.

Typical Errors in DAS 140 and 142 Forms and How to Prevent Them

When filling out the DAS 140 and 142 forms, accuracy is crucial. The most common mistakes can lead to processing delays, penalty fees, or non-compliance under the California Labor Code. Here are some typical errors contractors make and how to effectively avoid them.

Incorrectly Reporting Wage Rates

A frequent mistake involves entering incorrect wage rates, which can result from misunderstanding the prevailing wage determinations.

To prevent this error:

• Verify the current prevailing wage rates listed by the Department of Industrial Relations (DIR) before completing the forms.
• Double-check the classification titles and ensure they match those for which the prevailing wage rates are determined.

Failing to Update Information

Contractors often submit forms with outdated or incomplete information regarding apprentice programs or worker classifications.

• Regularly update your records to reflect current rates, rules, and employee statuses.
• Contact your applicable apprenticeship committee to confirm any recent changes regarding the apprenticeship standards or requirements.

Submission Timing Errors

Another common error is submitting the forms too late or at incorrect intervals. The DAS 140 form must be submitted within ten days of awarding the contract.

• Set reminders to submit within the 10-day window.
• Keep track of the submission dates for each project and maintain a schedule to avoid missing deadlines.

By staying informed about the details and timelines relevant to the DAS 140 and 142 forms, contractors can significantly reduce the frequency of errors and ensure compliance with state requirements.

Frequently Asked Questions

What is the difference between the DAS 140 and DAS 142 forms?

The DAS 140 and DAS 142 forms are both related to the employment of apprentices on public works projects in California, but they serve different purposes:

• DAS 140: This form is a notification to the apprenticeship committee that a contractor intends to use apprentices on a public works project. It must be submitted to the appropriate apprenticeship program(s) within five working days of the contractor's award of the public works contract or subcontract but before employing any apprentices. The DAS 140 form essentially informs the apprenticeship committee of the contractor's intent and provides an opportunity for the committee to supply apprentices to the project.
• DAS 142: This form is used to request the dispatch of apprentices from the apprenticeship program(s). After submitting the DAS 140 form, the contractor uses the DAS 142 to formally request the number of apprentices needed for the project. The request should be submitted at least 72 hours (excluding weekends and holidays) before the apprentices are required to be on the job.

Penalties for Non-Compliance with DAS 140 and DAS 142 Forms

Non-compliance with DAS 140 and DAS 142 form requirements can result in significant penalties for contractors:

• Monetary Fines: Contractors may be subject to fines for failing to submit these forms on time or for failing to employ apprentices as required by law.
• Withholding of Payments: Public agencies have the authority to withhold contract payments until the contractor complies with the apprenticeship requirements, including the submission of DAS 140 and DAS 142 forms.
• Legal Action: Repeated or willful non-compliance can lead to legal actions, including potential debarment from future public works contracts.
• Loss of Public Works Contracts: Contractors may lose their eligibility to bid on or be awarded public works contracts if they fail to comply with apprenticeship requirements.

Do all public works projects require a DAS 140?

Yes, all public works projects in California that meet the threshold for requiring apprentices do require the submission of a DAS 140 form. Specifically, any public works project valued at $30,000 or more that involves the employment of apprentices necessitates the submission of this form. The DAS 140 is a notification to the appropriate apprenticeship program(s) that the contractor intends to employ apprentices and is a mandatory requirement for compliance with California's public works laws.

What information is required on the DAS 142 form?

The DAS 142 form is used by contractors to request the dispatch of apprentices from an approved apprenticeship program for a public works project. The following information is typically required on the DAS 142 form:

• Contractor Information: Name, address, phone number, and contractor license number.
• Project Information: Name and address of the public works project, the project identification number, and the project's awarding body.
• Request Details: The number of apprentices requested, the trade or craft for which apprentices are needed, the jobsite address, and the date(s) when apprentices are required.
• Contact Information: The name and contact details of the person submitting the form on behalf of the contractor.
• Apprenticeship Program: Name and contact information of the apprenticeship program being notified.
• Signature and Date: The form must be signed and dated by an authorized representative of the contractor.

How do I determine the apprentice-to-journeyman ratio?

The apprentice-to-journeyman ratio is determined by the specific apprenticeship standards of the trade or craft involved in the project. These ratios are set by the Division of Apprenticeship Standards (DAS) or the applicable apprenticeship committee. Here are the general steps to determine the ratio:

1. Check the Apprenticeship Standards: The approved apprenticeship standards for each trade or craft outline the required ratio. This information can typically be obtained from the apprenticeship program or the DAS website.
2. Consult the Collective Bargaining Agreement (CBA): If the trade is governed by a CBA, the ratio may be specified within that agreement.
3. Contact the Apprenticeship Program: If unsure, contractors can contact the apprenticeship program directly to confirm the correct ratio for the specific trade.
4. Follow Public Works Requirements: For public works projects, the ratio requirements must be adhered to in accordance with state law, and failure to do so may result in penalties.

What if I need to make changes to the DAS 142 form after submission?

If changes need to be made to the DAS 142 form after submission, follow these steps:

1. Contact the Apprenticeship Program: Immediately reach out to the apprenticeship program to which the DAS 142 was submitted. Explain the nature of the changes and ask for guidance on the appropriate steps to take.
2. Submit a Revised DAS 142: In many cases, the apprenticeship program may require you to submit a revised DAS 142 form with the updated information. Ensure that the revised form clearly indicates that it is a correction or update to the previously submitted form.
3. Document the Changes: Keep detailed records of the changes made, including copies of the original and revised forms, as well as any correspondence with the apprenticeship program.
4. Confirm Receipt: After submitting the revised form, confirm with the apprenticeship program that the changes have been received and properly recorded.
5. Follow-Up: Ensure that the changes do not affect the timely dispatch of apprentices to your project. If necessary, adjust your project schedule accordingly.