Chapter 8. Office of the Director
Subchapter 4. Awarding Body Labor Compliance Programs
Article 2. Approval and Revocation of Approval of Labor Compliance Programs by Director

§16425. Approval of Awarding Body's Labor Compliance Program.

(a) An Awarding Body seeking approval of its own Labor Compliance Program 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 Awarding Body'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 175a 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 average number of public works contracts the Awarding Body annually administers;

(3) Whether the Labor Compliance Program is a joint or cooperative venture among Awarding Bodies, and how the resources and expanded responsibilities of the Labor Compliance Program compare to the Awarding Bodies involved;

(4) The Awarding Body's record of taking cognizance of Labor Code violations and of withholding in the preceding five years;

(5) The availability of competent legal support for the Labor Compliance Program;

(6) The availability and quality of a manual outlining the responsibilities and procedures of the Labor Compliance Program to the Awarding Body; and

(7) The method by which the Awarding Body will transmit notice to the Labor Commissioner of violations which may lead to debarment under Labor Code Section 1777.1.

(b) The Director shall notify the Awarding Body 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 Labor Compliance Programs, including programs approved on an interim, temporary or restricted basis, for distribution to interested parties upon request.

(e) An Awarding Body that intends to operate a Labor Compliance Program on behalf of other Awarding Bodies or Joint Powers Authorities must obtain approval pursuant to section 16426 below.

(f) A 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 either to cease or limit its operations as of a specified date.

   Note: Authority cited: Section 1773.5, Labor Code. Reference: Sections 1771.5 and 1777.1, Labor Code; and Section 175a, Title 29, United States Code.

 HISTORY 

   

1. New section filed 2-20-92; operative 3-23-92 (Register 92, No. 13). For prior history of subchapter 4 (sections 16209-16209.6), see Register 82, No.51.

2. Renumbering of former section 16425 to new section 16422 and renumbering of former section 16426 to section 16425, including amendment of section heading, section and Note, filed 10-19-2004; operative 11-18-2004 (Register 2004, No.43).

3. Amendment of section heading and subsections (a) and (b)-(d), new subsections (e)-(f)(5) and amendment of Note filed 12-22-2008; operative 1-21-2009 (Register 2008, No. 52).