The California Labor Code, Section 1, Chapter 4.5, relates to the certification of electricians in this state. Chapter 4.5 was added in 2012 by Chapter 46. Section 108 requires the Division of Labor Standards Enforcement (DLSE) to:
Maintain minimum standards of competency and training for electricians through a testing and certification system. Establish a committee and advisory bodies as necessary to carry out the tasks set forth in this section.
Establish and collect the necessary fees to implement this section. Carrying out the responsibilities of the Apprenticeship Standards Department
Issuing accreditation cards to electricians approved under this section.
Maintain an Electrical Certification Curriculum Committee composed of representatives from the State Department of Education, California Community Colleges, and DLSE. The Electrical Certification Curriculum Committee is required to perform specific tasks.
In addition, this is a prohibition on discrimination for or against any person on the basis of membership or non-membership in a union. The term “electrical” is defined.
Section 108.2 requires persons who perform work as electricians to become certified and non-certified persons, and prohibits them from performing electrical work that requires certification. Certification is only required for persons performing work as electricians for contractors licensed as Class C-10 electrical contractors under the rules and regulations of the State Contractors Licensing Board. Certification is not required for people who work for certain licensed contractors. It is also not required for certain employees of a high-voltage electrical transmission or distribution system owned by a local, publicly owned electric utility.
There is an application process for certification and examination that includes an employment history report from the Social Security Administration. The department is required to maintain separate certifications for general electrician, fire/life safety technician, residential electrician, audio and video data technician, and non-residential lighting technician.
There are specific grounds for disciplinary action, including license suspension or revocation. The Labor Commissioner shall maintain a process for referring cases to the State Contractors’ Licensing Board when it is determined that a violation of this section may have occurred. Upon receipt of a referral from the Labor Commissioner alleging a violation under this section, the Registrar of Contractors must open an investigation.
Section 108.3 requires the DLSE to:
Making information about electrician certification available in languages other than English, which is spoken by a large number of construction workers. Providing the administration of certification examinations in Spanish and, to the extent practicable, languages other than English spoken by a significant number of applicants. Ensure, in cooperation with the California Apprenticeship Board, that all accredited electrician apprenticeship programs impose minimum formal education requirements as a condition of entry and provide reasonable alternative means of meeting those requirements.
Section 108.4 states that an uncertified person may perform electrical work that requires certification in order to gain the practical experience necessary to obtain certification, if all specified requirements are met. The phrase “approved curriculum for classroom instruction” is defined. The Curriculum Committee may grant approval to an education provider currently offering only a partial curriculum if the educational provider intends in the future to offer, or collaborate with other education providers to offer, a full curriculum for the type of degree in question.
An educational provider that receives approval for a partial curriculum must disclose in all communications with students and the public that the educational provider has received approval for only a partial curriculum and may not make any representations that the provider is offering a complete, approved curriculum for classroom instruction.
Section 108.5 established the Electricians Certification Fund as a special account in the State Treasury. The department may expend proceeds from the fund, upon approval by the Legislature, to cover the costs of the Department of Labor Standards Enforcement’s program to verify and certify electricians.
