Cal. Code Regs. tit. 2 § 1859.97

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1859.97 - Labor Compliance Program Documentation for Fund Release

As required pursuant to Labor Code Section 1771.7 subdivisions (a) and (b), for any project funded in whole or in part from Proposition 47 or Proposition 55 for which the construction contract is awarded prior to January 1, 2012, the district shall initiate and enforce, or contract with a third party to initiate and enforce, an LCP, with respect to that project. For purposes of obtaining the release of bond funds from the Board, the following LCP requirements shall be met:

(a) The district shall submit a written finding to the OPSC that the district has initiated and enforced, or has contracted with a third party to initiate and enforce, the LCP with respect to that project.

(b) Where the construction contract was signed either prior to the district's LCP being approved by the DIR or prior to the district entering into a contract with a third party to implement the LCP, the district shall be determined to have complied with Labor Code Section 1771.7(a), only upon satisfaction of all of the following:

(1) The DIR has approved either the district's or the third party LCP, and such approval had not been revoked at the time of implementing the LCP.

(2) The district or the third party with whom the district contracted to implement its LCP submitted an application for approval of its LCP in accordance with the DIR's LCP regulations prior to January 1, 2012;

(3) The district submits the report of a third party that has been approved by the DIR to operate an LCP in accordance with DIR LCP regulations, and such approval has not been revoked as of the date of the report. In the case of a district that has entered into a contract with a third party to implement the LCP, the report must be prepared by a different third party that has been approved by DIR to implement an LCP, and such approval had not been revoked as of the date of the report. The report must be submitted to the OPSC and the DIR and include all of the following:

(A) Verification that the applicable duties of an LCP were performed on the project as set forth in Labor Code Section 1771.5(b) and DIR regulations; and

(B) Verification that the performance of the applicable LCP duties began within one month after the commencement of the construction work on the project as set forth in Labor Code Section 1771.7(b); and

(C) A written record of the LCP's confirmation of payroll records for each month in which a contractor or subcontractor reports having workers employed on the public work pursuant to Title 8 California Code of Regulations, Section 16432(c).

(4) The district shall provide notice to each worker for which confirmation of payroll records has been performed pursuant to Title 8 California Code of Regulations, Section 16432(c), informing that the district has submitted a written report to the OPSC that the district has initiated and enforced, or contracted with a third party to initiate and enforce, a labor compliance program on the project to monitor and ensure the payment of prevailing wages to workers. The notice shall inform these workers of the manner in which they may contact the OPSC and the DIR concerning the accuracy of the report set forth in subsection (b)(3) above.

(5) The district shall provide the DIR a copy of the report set forth in subsection (b)(3) above at the same time the report is submitted to the OPSC. The DIR may notify the OPSC if the DIR determines the verifications in the awarding body's report to be incorrect.

(6) The report shall not be determined to comply with Labor Code Section 1771.7(a) if the DIR submits the notice described in subsection (b)(5) above within 60 calendar days of receiving the report in subsection (b)(3) above.

Cal. Code Regs. Tit. 2, § 1859.97

1. New section filed 12-31-2012 as an emergency; operative 12-31-2012 (Register 2013, No. 1). A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-31-2012 order, including amendment of subsections (a) and (b)(6), transmitted to OAL 5-17-2013 and filed 6-25-2013; amendments effective 6-25-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 26).

Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17072.32 and 17074.16, Education Code; and Sections 1771.5 and 1771.7, Labor Code.