This page contains answers to common questions.
-
Why will the Electrician
Certification Program affect me?
-
What
exactly is wrong with this law?
- 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 the Electrician
Certification Program affect me?
As an Electrician or Electrical Contractor? Currently employees
of C-10 contractors 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! That's most lighting fixtures
and just about any receptacle.) It is extremely important for you to read and
understand the fullest extent of this law, and the regulations it authorizes the
California DAS to write that affect you.
A law put into effect on July 1, 2009 authorizes the CSLB to
suspend or revoke the contractors license of anyone found willingly
employing anyone without a valid certification, or not providing legally
required supervision of apprentices or trainees.
Learn More Here.
As a General Contractor, Architect, Developer? The certification status
of the employees of the Electrical Contractors utilized on any of your projects
should concern you. There is an extreme shortage of Electricians of whom are
"certified" by the state to work legally.
There is an unknown number of persons serving the Electrical Industry, but it is
well over 70,000 - there have been estimates of 80,000. The CSLB records show as
of July 2009, there are 26,023 Electrical Contractors (w/ active C-10 licenses).
Yet the California DAS only has 30,693 in the General classification, and 2,281
in the Residential (only) classification. That's 32,974 employees for 26,023
possible employers. There are no records available for how many employees each
company/contractor employs, but is safe to assume that not all contractors are
complying with the law.
This shortage of certified electricians has existed for some time now, but
recent laws have now made the risks involved too great.
A law put into effect on July 1, 2009 authorizes the CSLB to suspend or
revoke the contractors license of anyone found willingly employing anyone
without a valid certification, or not providing legally required supervision of
apprentices or trainees.
If caught on one of your projects, a non-compliant contractor runs the risk of
not being capable to complete the required work. If not caught on your project,
they may be caught on some other project they are on elsewhere. And likewise not
be able to complete your project.
Additionally, any Electrical Contractor with a practice of hiring un-certified
workers is not operating on a level playing field. Illegal labor will always be
cheaper, much like the way an unlicensed contractor would be. This is something
that can be easily changed by you as a General Contractor, Architect, Developer
by simply adding some wording to your contract and bid documents. e.g. "Proof of
compliance with LC 3099.2 for all electrical workers on site must be provided."
This can be in the form of a letter that is available from the California DAS
website, or simply checking for any Journeyman workers name on this list.
Current list
of California certified electricians
With some additional information you can also check the registration status on
any compliant Journeyman, Apprentice, or Trainee worker.
Electrician
certification search
What
exactly is wrong with this law?
The idea of having Certified Electricians is ideal in it's concept. But in
practice within the framework of Electricians Certification Program, the
ideal becomes complicated, skewed, and distorted. The main reason is that this
law was used as a political tool for certain industry organizations, union and
merit associations alike. Members of the boards and commissions are political
appointees and serve the interests of the initial and current promoters of the
law. Initially the IBEW, and currently both the IBEW and other large contractor
associations like ABC, and WECA. However, an estimated 50% of electrical
contractors are not associated with any of them. And likewise they, and their
employees who have not been kept abreast of changes to the laws and requirements
of being employed as Electricians. Huge numbers of electrical workers missed the
dead-lines to become certified in 2006.
Political and legal battles over control of this law have left
many contractors and electrical workers disillusioned with it. There has been
countless delays and changes in requirements over the nearly ten years since it
was signed. Complete mismanagement of the law through most of its life has left
many confused about its requirements and consequences. And some - even knowingly
resistant to them and benefiting from the use of non-compliant labor.
The California DAS - charged with implementing this law did
almost no outreach to either electrical contractors or their employees for over
seven years. They have mismanaged this law since its outset. This has created a
huge shortage in legally compliant labor - it is a big problem. At one point
there were two types of labor sources, union or non-union. Now there are three,
union, non-union or uncertified. The uncertified worker is both working and
being employed illegally. (Please do not confuse this with with immigration,
citizenship or tax issues.) Boiled down further, with removal of the union and
non-union issue you are now left with two types of labor sources for C-10
contractors. Legal compliant labor, and illegal non-compliant labor.
As you can see, this creates a dilemma. And certainly several
unlevel playing fields for both C-10 Electrical Contractors and their employees.
At one point electrical contractors had a choice to be either signatory with the
IBEW or not. A decision that would often affect the contracts they could compete
with due to labor costs. Now an Electrical Contractor could both use non-union
labor, and additionally use uncertified labor which is naturally cheaper than
"Legal" or compliant labor. While they do so at considerable risk, they are
competing unfairly in the market place.
The employees also are on an unlevel playing field, Certified
Journeymen, and Registered Apprentices and Trainees are competing with
uncertified labor, as well as the unskilled and illegal labor market. And the
uncertified also do so at considerable risk to their future, but may be doing so
unknowingly. As again, the DAS did absolutely no outreach to the employees of
electrical contracts, and did two direct mailings to electrical contractors
AFTER the deadline for certification had past.
After January 1, 2006, C-10 Electrical Contractors need to have all
labor be "Certified Electricians", as skilled "Journeyman"
labor. Typical pay rates of $30 - $50 per hour, depending on location and experience,
with other benefits, as the market demands. Or, have "Apprentices" or
"Trainees" involved in State approved programs, and registered with the State.
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 was eliminated under
AB-931, after January 1, 2006.
The elimination of the use of moderately skilled, un-apprenticed labor, has a
secondary effect. There are huge numbers of people who will not be allowed by the DIR / DAS to take the test to
"Certify", or not qualified to do so. 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, 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 legal non-signatory Certified
Journeyman labor. Those with significant advantage are those unscrupulous
contractors willing to risk their license using uncertified, or even unqualified
labor at unfairly competitive rates. While these contractors may be
'contracting' legally - they are not following the law when it comes to the
labor they employ.
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. Contract
compliance and direct consumer protection is offered by the CSLB, who oversee
the licensing of all construction licensing and contracting activity. Job
site safety is enforced by CalDOSH. Electrical workers are the ONLY construction
trade who are required by law to have mandatory state approved apprenticeship
and have Journeyman workers registered with the DAS. It is a situation unique to
all other construction trades.
You may question: Why is the Department of Industrial
Relations and Division of Apprenticeship Services 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? Please see - How did this happen?
The idea of mandatory certification 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. One
item that was fought over with this law is a related law passed at the same
time, that only allows one apprenticeship program per geographical area -
referred to as a "Needs Basis" in the federal law suit that barred federal
funding of California Apprenticeship Programs. What it means is that a JATC
(Union) program, can not exist in the same area as a non-union (or Unilateral)
Apprenticeship Program. The result is 'territories' where the union will have
deeper control, and likewise where merit associations like ABC, or WECA will
have more influence. Smaller or new Electrical Contractors who are not signatory
to the IBEW, or involved with associations like ABC, or WECA are being left at a
competitive disadvantage between larger companies and an Illegal labor market.
And this is a big problem because these smaller companies serve almost all of
the residential and light commercial markets.
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:
The current text of Labor Code 3099 (The real one - not the outdated version
saved on the DAS website)
The offenders:
http://www.ibewnecaforcertification.org/index.html
http://www.necanet.org
The offended: And their opinions.
Fair Licensing and Apprenticeship Coalition
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
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 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 Electrician Certification
Program created by AB-931 on their own.
There was no notice mailed to every C-10 Contractor in the state, prior to the
deadlines requiring compliance. Some smaller Contractors have heard by word of mouth,
most have not. The CSLB site has little information about this law, if you can find it,
only pointing to the DAS website. It has been a contentious issue that they have
rightfully steered clear of since day one.
http://www.cslb.ca.gov
Unless you lobbied for, or against this regulation, you may not
have known
before it was too late. "Too late", was 2005.
Timing and Consequences
Conflict of Interest:
Meet Chuck Cake, ( The fox in the hen house. ) then Acting Director of the California Department of Industrial Relations. He
was a man unashamed of his IBEW heritage. And not unlike the many union
personnel appointed to most of the positions in the DIR and DAS at the time.
Put on that Law Suit:
The ABC initiated the Federal Government to sue the California DIR. The
Federal government derecognizes California Apprenticeship Programs all
together.....
Enter the Govenator:
Schwarzenegger and
this issue is pretty low on the radar.... See "The Silence" above, but in
between the decision of the above law suit put a representative of the ABC in
charge of the DAS. And BIG CHANGE was under way.... The ABC took a "Can't beat
'em - join 'em" stance. WECA went federal and became an Apprenticeship Program
under the Federal BAT (Bureau of Apprenticeship Training) as continued
participation in California's misguided and politicized system.
Some Change for the Better:
The ABC and WECA start to gear
up their programs, and additional laws are written allowing some Electrician
Trainees which do not require "Apprentices" in the traditional indentured sense,
making these person available to non-signatory to the Union or affiliated with
either the ABC or WECA.
The Guided Hand is back:
Two competing and similar bills in the 2007 legislative session were introduced
- one in the State Assembly the other in the Senate (AB
3048, and
SB 1362 respectively) are put forward to enforce the Electrician
Certification Program, both passed. And the wording of SB-1362 became law. This
introduced methods to suspend or revoke the contractors license of any
contractor knowingly using uncertified Journeyman labor, or failing the legal
requirements for supervision of Apprentices and Trainees. Pretty draconian
language if you have a C-10 contractors License.
Effective on
July 1, 2009 SB-1362 amended LC-3099.2 to authorize the CSLB to
suspend or revoke the contractors license of anyone found willingly
employing anyone without a valid certification, or not providing legally
required supervision of apprentices or trainees.
Hide the
Weapons:
The California DAS is notoriously slow and vague
when it come to disseminating information about the laws and regulations they
wield. Although there has been some language changes to their website regarding
enforcement, they are however specifically vague about the consequences of not
complying with the law. And even link to an outdated law from their site that
does not reflect the changes made by
SB-1362. Very surprising considering it's
importance.
The Weapon of Choice:
The DAS
unveils it's weapon of choice. A
complaint
form. It would seem pretty benign, but as mentioned the DAS tells you little
of the consequences of filling one of these out. Those who know about this form
may use it vindictively. It is in essence a "Rat you out" form used to file a
complaint that could result in the loss of the license of your competition.
While many people lobbied for and against this law for varied reasons, and
likewise the question of enforcement has existed since the day it was passed -
this was not exactly what many were looking for. Since the date effective for
the consequences of this enforcement is relatively recent it is unknown what
type of effect it will have. But one thing is for sure it is going to cause
animosity in the trade, and should cause fear in the hearts of non-compliant
contractors - those who know about it.
What can I do?
Tell everyone who will listen. Bring it up in conversation.
Educate yourself on the issue, and debate the issue.
Promote a
Level Playing Field
If you are an Electrician, or Electrical Contractor, it is in your best
interest to comply with the law. Promote a level playing field. Stay well informed about the law, since it has
passed, it has changed several times. Hopefully, it will change again. And make sure you
as an
employer and your employees know about the law as well. This can not be
stressed more, by all means get certified yourself or make sure your
employees do.
Apply to take the test.
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. )
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.
Promote a level playing field when it comes to labor used on projects you
are involved with.