Electrician Certification Under California’s Labor Code
There are specified grounds for disciplinary proceedings, including suspension or revocation of the license
By Chris Micheli, January 30, 2024 2:00 pm
The California Labor Code, in Division 1, Chapter 4.5, concerns 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 for the competency and training of electricians through a system of testing and certification.
- Maintain an advisory committee and panels as necessary to carry out the functions under this section.
- Establish and collect fees necessary to implement this section.
- Carry out the responsibilities of the Division of Apprenticeship Standards
- Issue certification cards to electricians who have been certified pursuant to this section.
- Maintain an electrical certification curriculum committee comprised of representatives of the State Department of Education, the California Community Colleges, and the DLSE. The electrical certification curriculum committee is required to undertake specified tasks.
In addition, this is a prohibition against discrimination for or against any person based on membership or non-membership in a union. The term “electrician” is defined.
Section 108.2 requires persons who perform work as electricians to become certified and uncertified persons are prohibited from performing electrical work for which certification is required. Certification is required only 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. Certification is not required for persons work for certain licensed contractors. It is also not required for certain workers on 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 division is required to maintain separate certifications for general electrician, fire/life safety technician, residential electrician, voice data video technician, and nonresidential lighting technician.
There are specified grounds for disciplinary proceedings, including suspension or revocation of the license. The Labor Commissioner is required to maintain a process for referring cases to the Contractors’ State License Board when it has been determined that a violation of this section has likely occurred. Upon receipt of a referral by the Labor Commissioner alleging a violation under this section, the Registrar of Contractors must open an investigation.
Section 108.3 requires the DLSE to do the following:
- Make information about electrician certification available in non-English languages spoken by a substantial number of construction workers.
- Provide for the administration of certification tests in Spanish and, to the extent practicable, other non-English languages spoken by a substantial number of applicants.
- Ensure, in conjunction with the California Apprenticeship Council, that all electrician apprenticeship programs approved impose minimum formal education requirements as a condition of entry provide for reasonable alternative means of satisfying those requirements.
Section 108.4 provides that an uncertified person may perform electrical work for which certification is required in order to acquire the necessary on-the-job experience for certification, if all of the specified requirements are met. The phrase “an approved curriculum of classroom instruction” is defined. The curriculum committee may grant approval to an educational provider that presently offers only a partial curriculum if the educational provider intends in the future to offer, or to cooperate with other educational providers to offer, a complete curriculum for the type of certification involved.
An educational provider that receives approval for a partial curriculum must disclose in all communications to students and to the public that the educational provider has only received approval for a partial curriculum and shall not make any representations that the provider offers a complete approved curriculum of classroom instruction.
Section 108.5 established the Electrician Certification Fund as a special account in the State Treasury. Proceeds of the fund may be expended by the department, upon appropriation by the Legislature, for the costs of the Division of Labor Standards Enforcement program to validate and certify electricians.
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