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Below is some basic information about the Construction process.
The construction process involves:
- Coordinating reviews, inspections, and tests during construction
- Complying with State labor laws and safety regulations before and during construction
- Completing actual construction
Your school district must have completed each of the following processes:
- A qualified project inspector approved by the Division of the State Architect (DSA). The project inspector is also known as the inspector of record, and must pass DSA-administered inspector examinations.
- Various consultants and contractors to complete the construction process, all of who need to meet certain criteria and be selected in a certain fashion in order to comply with State law. Specifically, if you received State funds, you must use a competitive selection process to obtain all professional services used on your project. For more information, see the Maintaining Eligibility section.
Make sure the construction contractors and/or subcontractors you hire employ an appropriate number of apprentices to meet State Apprenticeship Standards for public works projects.
Your district may not award contracts for project construction until the DSA approves all drawings and specifications and provides written approval of the application.
The Department of Industrial Relations (DIR) is concerned with wages and working conditions, and has seven different subdivisions and boards that could potentially become involved, usually during the construction phase of school projects.
Virtually all of DIR's involvement occurs in the following areas. DIR:
- Ensures that the "prevailing wage" (generally the local union-scale wage) is paid to construction workers
- Enforces occupational safety and health laws and regulations
- Adjudicates health and safety-related grievances and disputes that arise at the construction site
Before and during construction, your district must comply with State safety regulations, labor laws, workers' compensation laws, and apprenticeship standards.
The Division of Occupational Safety and Health (Cal/OSHA) has primary jurisdiction over the safety and health of workers engaged in any construction project in the State, including public works projects. The Cal/OSHA also conducts on-site inspections of approximately 1,000 construction sites per quarter each year, some of which are school construction sites.
Citations can be issued to employer-contractors for violations of the Construction Safety Orders found in Title 8 of the California Code of Regulations. The most common citations issued are related to:
- Excavation
- Scaffolding
- Electrical safety
- Fall protection
- Other safety violations
The Cal/OSHA's jurisdiction involves employer–contractor relationships, not the school district that owns the property. Unless your school district has its own employees engaged in the construction of a new school, the Cal/OSHA probably would not interact with your district.
The Cal/OSHA can cite school districts for violations, however, if their employees are exposed to unsafe or unhealthful working conditions. Examples of unsafe and unhealthful conditions that could lead to citations by the Cal/OSHA include:
- The absence of an Injury and Illness Protection Program or a Hazard Communication Program
- Lack of asbestos warnings
- Absence of ventilation hoods in laboratories
- Lack of emergency eyewash/shower stations in photography labs
- Exposure to chemicals in laboratories
- Various housekeeping violations in maintenance shops
The greatest impact on school districts is the steps necessary to abate the problem and the costs associated with doing so.
Regulations governing construction permits are available through any of the 22 Cal/OSHA district offices or the Cal/OSHA website at www.dir.ca.gov/DOSH, as are Cal/OSHA procedures and forms.
The Occupational Safety and Health Appeals Board (OSHAB) hears employer appeals from citations issued by the Cal/OSHA alleging unsafe and unhealthful working conditions of California workers.
If any contractor, subcontractor, or school district wants to appeal any citations issued by the Cal/OSHA, it has 15 working days from receipt of the citations to appeal to OSHAB. An appeal can be initiated by telephone, fax, mail, or hand delivery. If an appeal is timely, it will be docketed and set for a pre-hearing conference by telephone. If the issue is not settled then, the appeal will be set for an administrative hearing. The time it takes from docketing of an appeal to the setting of an administrative hearing is approximately six months.
Appeals from school districts typically do not impede school construction projects, but rather address exposure of school employees to unsafe and unhealthful conditions.
Penalties assessed against a school district are deposited with the Workplace Health and Safety Revolving Fund. A school district may apply for a refund of its assessed penalties with interest, if all conditions cited have been abated and if they have not been cited for a serious citation at the same school within two years of the date of the original violation. Funds not applied for by a school district within two years and six months of the time of the original violation are expended to assist schools in establishing effective occupational injury and illness programs.
The Division of Labor Standards Enforcement (DLSE) enforces labor laws relating to contractors and employers in general. The DLSE enforces the employer obligation to:
- Provide Worker's Compensation Insurance for its employees
- Comply with all child labor obligations and restrictions
- Issue deduction statements with the payment of wages
For contractors, the DLSE enforces the contractor's obligations to:
- Have a valid State contractor's license
- Comply with the State's public work statutes and regulations
The most frequent allegation made to the DLSE is that a contractor is not paying workers the correct prevailing wage for the work performed.
The DLSE must advise school districts of all complaints filed against contractors or subcontractors engaged in any school construction project. Most of these interactions are initiated by the DLSE. When the DLSE advises school districts of complaints filed against any contractors or subcontractors engaged in the project, it must gather specific documentation relating to the construction project. The documentation that the DLSE typically requests includes:
- The first advertised bid date
- The contract
- The labor and materials bonds posted by the contractor
- The site inspector's daily reports (as needed)
- Certified payrolls provided to the school district by the contractor(s) or subcontractor(s) under investigation (as needed)
In addition, the DLSE needs to be periodically advised of the project's status and anticipated completion date. The DLSE requests that school districts keep it informed of the project status as it nears completion so that it may meet its statute of limitations deadlines that commence with the completion of the project.
Should the DLSE determine, after an investigation, that wages and/or penalties are due because of a contractor's violation of the prevailing wage statutes, the DLSE will serve a Notice to Withhold Wages and Penalties Due on the school district. The Notice directs the school district to retain a specific amount of funds from the contractor until the wage and penalty obligations are adjudicated.
The DLSE also may defend school districts in actions by a contractor for failure to make payments required by the contract due to an alleged failure on the part of the contractor to pay the prevailing wage. The DLSE provides this defense at no cost to the school district.
The Office of Self-Insurance Plans (OSIP) licenses large employers for self-insurance of worker's compensation liabilities. Self-insurers could be any supplier, construction company, or independent contractor. Many California school districts themselves are self-insured.
If a school district awards a contract to a self-insured employer, it must seek proof that the contractor was legally self-insured, in the form of certification by the OSIP. The school district may seek a certification from the OSIP or can obtain such proof of certification directly from the contractor. The school district may make such a request to the OSIP by fax or e-mail. In addition, the school district may wish to confirm that it is self-insured itself.
The Division of Apprenticeship Standards (DAS) administers California apprenticeship law and enforces apprenticeship standards for wages, hours, working conditions, and the specific skills required for State certification as a journeyperson in an apprenticeable occupation.
Many apprenticeable occupations are in the construction field. School construction projects are public works jobs, which require the inclusion of apprentices. Any school district whose public works contract is projected to cost more than $30,000 and/or require more than 20 working days must submit a form to the Division within five days of the award.
The district also must notify DAS of any discrepancy in the ratio of apprentices to journeymen within five days of a finding of discrepancy. Contact DAS for more information.
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