|
 | |
|
California Electricians Face January 1, 2007, Deadline for Certification
July 19, 2004 (updated on November 1, 2004; June 6, 2005; October 24, 2005; December 12, 2005; and December 11, 2006)
|
|
|
|
Thelen Reid Brown Raysman & Steiner LLP
California general and fire/life safety electricians who applied for certification before December 30, 2005, but who have not yet taken the examination face a January 1, 2007, test-taking deadline. The deadline has been extended multiple times over the last few years, but the Division of Apprenticeship Standards (DAS), the state agency that administers the certification process, has no plans to extend the current deadline.
Earlier this year, DAS extended the deadline for residential electricians. They now have until January 1, 2007, to both file a certification application and take the examination. And, DAS extended the deadline for electrician trainees to enroll in a training school to January 1, 2007, as well.
For Voice Data Video Technicians and Nonresidential Lighting Technicians, the certification deadline now is January 1, 2008. DAS expects to post this announcement on its Web site soon.
Electricians must become certified in order to continue working in California without one-on-one supervision. This mandatory certification program is a result of Assembly Bill 1087, signed by then-Governor Gray Davis in May 2002.
The law, at Labor Code §§3099.2 et. seq. and at 8 California Code of Regulations §§290.0 et. seq., requires certification "for those persons who perform work as electricians for contractors licensed as Class C-10 electrical contractors under the Contractors' State License Board Rules and Regulations." After the certification deadline date, uncertified persons generally may not perform electrical work for which certification is required.
The stated purpose of the legislation is to raise the professional level of electricians and to thereby improve safety. An applicant may apply for certification as a General Electrician, Residential Electrician, Voice Data Video Technician, Fire/Life Safety Technician or Nonresidential Lighting Technician.
To be certified, an electrician must pass a computerized certification examination and have completed either an approved apprenticeship program or have thousands of hours of on-the-job experience, ranging from 8,000 hours for General Electricians to 2,000 hours for Nonresidential Lighting Technicians.
The only electrical apprenticeship programs approved by the California Apprenticeship Council are administered by the Western Electrical Contractors Association (non-union), Associated Builders and Contractors (non-union) and the International Brotherhood of Electrical Workers (union). WECA has opined that it is extremely unlikely that the union-dominated California Apprenticeship Council will recognize a need for additional programs.
Fees are $75 to apply for the test and $100 to take the computerized certification test. There are 50 to 100 multiple choice questions, depending on which certification is being sought. The General Electrician examination, for example, tests the principles and fundamentals of electricity and such specific areas as conductors, cables, raceways, boxes, motors, testing equipment, lighting and emergency systems.
Certification is valid for three years. Those electricians certified as a general electrician before January 1, 2006, do not need to renew their certification until their certification anniversary date in 2009. Those certified as a general electrician after January 1, 2006, must renew certification three years after their certification date. A renewed certificate costs $100. To renew, an electrician must certify that he has worked at least 2,000 hours during the certification period. Electricians must complete 32 hours of continuing education, which likely will be offered at organizations that offer apprenticeship and electrician trainee programs. An electrician who allows his certification to lapse must retake the exam.
DAS may deny, suspend or revoke the certification of an electrician for good cause. Good cause exists if the electrician has committed gross negligence or fraud or has repeatedly acted negligently while performing activities subject to certification.
Holders of C-10 electrical contractor licenses, who are working under the license, do not need to be certified. However, an electrician with a C-10 license working under someone else with a C-10 license must be certified.
After January 1, 2006, an uncertified electrician who did not file an application by December 31, 2005, or an electrician trainee may continue to work only if the person is registered with the Division of Apprenticeship Standards, completes or is enrolled in an approved curriculum of classroom instruction, and his or her employer attests that the person works under the direct supervision of a certified electrician who is responsible for supervising no more than one uncertified person. DAS is revising its regulations to provide clear procedures and deadlines to guide trainees through the application process.
There are approximately 75,000 electricians in California. As of November 2006, DAS had authorized approximately 55,000 electricians to take the exam although only 38,000 electricians actually had taken the exam and only 27,000 electricians had passed the exam. That means that only half of the electricians who have applied for certification are currently certified. Some 17,000 electricians need to take the exam in the last few weeks of 2006 in order to be certified by the deadline. Although DAS has increased the number of testing centers from 8 to 24, it is unlikely that all of these electricians will be certified before the deadline. Electricians who do not pass the test must wait 60 days before retaking the test.
According to DAS, the state has not delegated the task of enforcing the certification law to any state agency. For now, the state is informally relying on local agencies, for example city inspection departments, to ensure that electricians are certified. In addition, many C-10 licensed electrical contractors are requiring their journeymen electricians to be certified. Project owners, insurers and sureties are requiring certification evidence. Certified electricians themselves are reporting unlicensed electricians with whom they compete for work.
While the testing and certification legislation had support from both Republicans and Democrats, opinion on the new law is mixed. Electrical unions generally support the law on the ground that it will raise industry standards and increase safety. Critics, such as the Fair Licensing and Apprenticeship Coalition, which has many non-union contractor members, assert that unions hold a "death grip" on the Division of Apprenticeship Standards and monopolize the California Apprenticeship Council. Moreover, they say, apprenticeship programs, which are dominated by unions, will force aspiring electricians to unionize. This will require employers to raise wages, which in turn will raise the costs of hiring an electrician. Assemblyman Bill Maze (R-Visalia), an advocate for small-business owners, is sponsoring legislation that would exempt electrical contractors with fewer than six employees from certification requirements. His bill would require those contractors to employ no more than two certified electricians. Other critics refer to the certification regulations as the Market Recovery Agenda for unions. Critics assert that electrician certification is a precursor to certifications for all construction crafts.
DAS is headquartered at 455 Golden Gate Avenue, 8th Floor, San Francisco CA 94102, (415) 703-4920. More information on the program is available at www.dir.ca.gov/DAS/ElectricalTrade.htm.
If you would like to receive legal reports and updates more quickly, by e-mail, click here and fill out the mailing list form.
For more information about the issues covered in this report, please contact Paul Berning in our San Francisco office at 415-369-7229 or at pwberning@thelen.com or contact your Thelen attorney. For more information about Thelen's Construction and Government Contracts Department, click here.
©2006 Thelen Reid Brown Raysman & Steiner LLP
|
| | |
