This page contains answers to common questions.
-
Why will AB-931 affect me?
-
What
exactly is wrong with this regulation?
- How can I find out more
about this
- How did this happen?
- What can I do?
- How do I apply to take the
test?
Why will AB-931 affect me?
As an Electrician or Electrical Contractor? After January, 1 2005 you
or your employees will need to have a "certification" ID card issued
from the State of California to perform Electrical work on any circuit rated
above100va. (That is 100va, not 100kva! Less than one amp at 120v! ) It is extremely important for you to
read and understand the fullest extent of AB-931!
Learn More Here.
An Electrical Contractors opinion on AB-931.
As a General Contractor, Architect, Developer? Immediately following
January, 1 2005, there will be an extreme shortage of Electricians of whom are
"certified". ( Look at the statistics....
There an unknown number of persons serving the Electrical Industry, but it is
well over 70,000 outside the IBEW! ) Otherwise, you will be forced into one of several possible scenarios .
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Hope your Electrical Contractor can get all of his / her employees
"certified" in time.
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Hope your Electrical Contractor even found out about this
regulation. ( Unless you are a frequent visitor to certain government web
sites, or heard about it down at the local IBEW, or member of a major
Contractor Association, you might never know about
this. To date there have been NO MAILINGS to EVERYONE with a
C-10 LICENSE! ) Correction: The CSLB has included something in their
Newsletter, find it here. Winter
2003 Newsletter
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Wait for your contractor to comply with AB-931, if they can. ( Before they
go bankrupt! By failing to complete contracts, with a lack of available
labor, or paying twice as much for it.)
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Find, re-bid, re-negotiate with another contractor who is in compliance,
and has available labor to handle your current projects. And, pay through
the nose, in an unstable market. Supply and demand for labor in the Industry
will hold prices high for quite some time.
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With this law, and others law recently passed will further compound the
effects of this law. New regulations amending Section 208 of the current
apprenticeship law. These new regulations, now in effect, require that apprentices in all
trades be paid a percentage of the prevailing wage on private as well as
public work. AB-1087 amending parts of the original version of AB-931
requires any Electrician who does not qualify, of fails to pass the test immediately
apply to an approved apprenticeship program. And AB-921 was an attempt to
monopolize apprenticeship programs by eliminating the few non-union
programs. The combination of catch-22's could be deadly.
As an Electrical Supply Distributor? How many of your customers will
comply? How many of your customers know about The Electrician Certification
Program? You should find out soon,
and make sure they do. If not sales could be very slim. Can you afford that?
Let them know, print a flyer.
In any construction trade related trade? This type of certification law
could be used as "Model Law" for Carpenters, Plumbers, HVAC, or almost
any Trade. Your Trade may be next?
Interested in the continued growth of the Construction Industry in
California? In our current economy, the Construction Industry has
continued to grow, and is expected to continue to grow. Financial tabloids have
encouraged investment in Real Estate as one of the last "safe"
investments. A lean, mean, sexy Real Estate market depends fully on the
down in the trenches Construction Industry. We built it, they sell it. A
profitable project in 2004, could be a loss in 2005! Do you want to take the
chance?
To whom it may concern: Regardless, of all the
"dooms-day" scenarios listed above, one might affect you, the others
may not. Please, find the time to educate yourself on this regulation and its
related laws to draw your own conclusions. Within this site, there are links to
reliable information, and opinions on the subject. And links to ways action can
be taken. Please explore.
What
exactly is wrong with this regulation?
The idea of having Certified Electricians is ideal in it's concept. But in
practice within the framework of AB-931 Electricians Certification Program, the
ideal becomes complicated, skewed, and distorted.
AB-931 in '99-'00, and the amendments of AB-1087 in '01-'02 mandate that all
employees working for C-10 Licensed Electrical Contractors, be Certified by the
State of California by January 1, 2005. Yet does not require all Contractors, or
workers doing electrical installations to be certified. Meaning General
Contractors, Handymen, and Home Owners can still perform Electrical work, and
poorly at that.
Currently, the labor use of the Electrical Industry in California is set up
in a manner that is highly competitive, with the end result being a competitive
end price on the consumer side. And, quality is held in check, by several
methods, Building Inspections, Contractor reputation, and contract liability
under the Consumer Protection laws of the Business and Professions Codes. Job
site safety is enforced by CalOSH.
The idea that Certification will insure safe installations is unfounded.
Certification simply means someone has answered 70% of a test correctly. A test
based on engineering, and Electrical Codes, not mechanical skills, or physical connection of a
circuit. A test that an employees Supervisor, or Foreman will not be required
take. Supervisors, or Foremen that will oversee the actual engineering and Code
compliance of any
installation. Why are they not required to be Certified, if they do not use
tools? AB-931, is a division of labor, and management. Does this sound familiar?
After January 1, 2005, C-10 Electrical Contractors will have to have all
labor be "Certified Electricians", as skilled "Journeyman"
labor. Or, have "Apprentices" through State approved programs, paid a
percentage of Prevailing Wage, mandated by the DAS. ( A pay rate almost equivalent
to "Certified Electricians". ) $35 - $50 per hour, depending on
location and experience, with other benefits, as the market demands.
This will also eliminate the use of moderately skilled, un-apprenticed labor that
perform a majority of the tasks that require "moderate skills", and
make $15 - $25 per hour, depending on location and experience, with other benefits,
as the market demands. ( Drilling holes, pulling wire, etc. ) The
use of "moderately skilled labor" has kept labor costs down, and
Electrical Contractors competitive in the State of California. These laborers
usually remain in the Trade. ( With the incentive of higher pay. ) Acquiring the knowledge, and skills
through On-The-Job-Training, to become
considered "Journeymen". And, eventually become Supervisors or Project
Managers, and some will often become Electrical Contractors, with full, well
rounded experience. This method of On-The-Job-Training will be eliminated under
AB-931, after January 1, 2005.
The elimination of the use of moderately skilled, un-apprenticed labor, has a
secondary effect. ( Those of whom will not be allowed by the DIR / DAS to take the test to
"Certify". ) This will reduce the labor force of non-union Contractors
substantially. And, not allow those Contractors to accept work that they do not
have enough labor for. This compounded by the fact that most of the skilled labor
allowed to sit for the Certification Test, and most of "approved"
Apprentices will be through the IBEW, ( Electrical Union ) one can reasonably assume that
the Union will have a near monopoly on Electrical Labor, in the near future. And, therefore have a
market advantage. And consumers will have to pay inflated labor costs for Union,
and non-union Contractors forced to compete for that labor.
The idea of mandatory Apprenticeship is great. There is nothing
more valuable to a Contractor, than a well educated Employee. But, the fact's
are clear. There are not enough Apprenticeship Programs, and Apprentices to
sustain the current, or future labor market. And, continued attempts by the
IBEW, to limit, or eliminate future Apprenticeship Programs will not stop.
Will AB-931 make any effect on the safety of Electrical installations?
No,
this responsibility will still lay on Local Building Inspectors. Job site safety
will still be overseen by CalOSH. Will consumers
be affected by this regulation? Yes, by the amount they spend on construction in
California.
An unanswered question: Why is the Department of Industrial
Relations doing this and not the Contractors State License Board? When the CSLB
has it's own testing facilities and, covers all other licensing, of all other
aspects of the Construction Trade?
See: What
needs to change?, How did this happen?
And, What can I do?
How can I find out more about this?
Below you'll find some direct links to information and
opinions currently found on the web about this, and related subjects. For the
sake of honesty, and integrity, both sides of the opinion are provided. (
Although, it is really hard to contradict the general mission of the site.
But this is about fairness. And that is the point, right?.....) These are but a
few. And a good place to start. It would be wise to search on your own as well.
The offending laws:
AB 931 FAQ's The Electricians
Certification Program
AB
1087 Current text of amendments to AB 931
Laws regarding Apprenticeship
The offenders:
http://www.ibewnecaforcertification.org/index.html
http://www.ibewnecaforcertification.org/faqs.htm
http://www.necanet.org/whats_new/report.cfm?ID=1266
The offended: And their opinions.
Fair Licensing and Apprenticeship Coalition
Fair Licensing and Apprenticeship
Coalition FAQ's
Charles W.
Baird PhD. of the Smith Center for Private Enterprise Studies
Testimony against
AB 931 and AB 921 July 14, 1999 by Charles W. Baird, Ph.D.
ABC News Line
2002
ABC Article
2003
Meeting
minutes 2002 California Community Colleges
Text of AB 931 with comments from this sites
author
How did this happen?
In October 1999, the State of California passed a law (AB931) now part of the
labor code Section 3099, that will require Electricians to be "certified".
Similar to regulations passed in other States. States dominated by the
IBEW and other unions. The IBEW has been pushing for something like this in
California for decades.
The guided hand:
Assembly Member Calderon drafted consecutive bills with an obvious guided
hand from the IBEW. Using the guises of safety, and fear of death by
electrocution and fire, pushed this issue further.
The greased palm:
The IBEW gave a lot of pledged votes to Governor Gray Davis in his election,
and re-election. And in pay back for those votes, signed AB-931. And is probably,
completely ignorant of its repercussions.
It passed:
Then for 3 years, it was tailored, postponed, knocked down, propped up,
quietly debated, and then quietly finalized.
The silence:
The DIR, DAS, CAC, CSLB all feel that it is the responsibility of the
employer, and employee to find out about the status of AB-931 on their own.
There has been no notice mailed to every C-10 Contractor in the state, as of
yet. Some smaller Contractors have heard by word of mouth,
most have not. The CSLB site has one link to this law, if you can find it.
http://www.cslb.ca.gov
Unless you lobbied for, or against this regulation, you might never know
before it is too late. "Too late", may be sooner than you think.
Timing and Consequences
Conflict of interest:
Meet Chuck Cake, ( The fox in the hen house. )
Acting Director of the California Department of Industrial Relations.
Put someone in charge of it implementation who is sympathetic to your cause.
Scroll through this page, and read his Bio. ( Note: the IBEW lapel pin. )
http://www.dir.ca.gov/DIRNewDirector.html
( Unfortunately, this page has been pulled. However, notice that
it is the only broken link on this page.
http://www.dir.ca.gov/OD_pub/newpage2002.html It was very telling,
about Chuck's IBEW past. I should have saved it.! I did save the picture, but
for Copyright reasons, I shouldn't publish it. )
What can I do?
Tell everyone who will listen. Bring it up in conversation.
Educate yourself on the issue, and debate the issue.
Learn more.
If you are an Electrician, or Electrical Contractor, it is in your best
interest to comply with the law. Stay well informed about the law, since it has
passed, it has changed several times. Hopefully, it will change again. And make sure your
employer and fellow employees know about the law as well. This can not be
stressed more, by all means get certified yourself.
Apply to take the test.
Let others know, print a
flyer.
Call, e-mail and / or write your Assembly Member, the Governor, and local politicians, or
all of them, for that matter. Let them know what you think about this.
Governor
Find
your Assembly Member ( Then enter zip code. )
Get involved with other Organizations who are working on this issue.
Fair Licensing and Apprenticeship
Coalition
Inform others in the Construction Industry. General Contractors and all other
Trades. Competing Contractors. As well as, Architects, Designers, and Realtors,
etc. Guide them to reliable information.