Licensed Electrical Worker – Labor Code 108.2
Current as of January 20, 2022 | Updated by California Business Lawyer & Corporate Lawyer
California Code, Labor Code – LAB § 108.2
§ 108.2. Certification of electricians
(a) Persons who perform work as electricians shall become certified pursuant to Section 108 . Uncertified persons shall not perform electrical work for which certification is required.
(b)(1) 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.
(2) Certification is not required for persons performing work for contractors licensed as class C-7 low voltage systems or class C-45 electric sign contractors as long as the work performed is within the scope of the class C-7 or class C-45 license, including incidental and supplemental work as defined in Section 7059 of the Business and Professions Code , and regardless of whether the same contractor is also licensed as a class C-10 contractor.
(3) Certification is not required for work performed by a worker on a high-voltage electrical transmission or distribution system owned by a local publicly owned electric utility, as defined in Section 224.3 of the Public Utilities Code ; an electrical corporation, as defined in Section 218 of the Public Utilities Code ; a person, as defined in Section 205 of the Public Utilities Code ; or a corporation, as defined in Section 204 of the Public Utilities Code ; when the worker is employed by the utility or a licensed contractor principally engaged in installing or maintaining transmission or distribution systems.
(4) Individuals desiring to be certified shall submit an application for certification and examination that includes an employment history report from the Social Security Administration. The individual may redact his or her social security number from the employment history report before it is submitted.
(c) The division shall maintain separate certifications for general electrician, fire/life safety technician, residential electrician, voice data video technician, and nonresidential lighting technician.
(d) Notwithstanding subdivision (a), certification is not required for registered apprentices performing electrical work as part of an apprenticeship program approved under Chapter 4 of Division 3 (commencing with Section 3070 ), a federal Office of Apprenticeship program, or a state apprenticeship program authorized by the federal Office of Apprenticeship. An apprentice who is within one year of completion of his or her term of apprenticeship shall be permitted to take the certification examination and, upon passing the examination, shall be certified immediately upon completion of the term of apprenticeship.
(e) Notwithstanding subdivision (a), certification is not required for any person employed pursuant to Section 108.4 .
(f) Notwithstanding subdivision (a), certification is not required for a nonresidential lighting trainee (1) who is enrolled in an on-the-job instructional training program approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3090 , and (2) who is under the onsite supervision of a nonresidential lighting technician certified pursuant to Section 108 .
(g) Notwithstanding subdivision (a), the qualifying person for a class C-10 electrical contractor license issued by the Contractors’ State License Board need not also be certified pursuant to Section 108 to perform electrical work for that licensed contractor or to supervise an uncertified person employed by that licensed contractor pursuant to Section 108.4 .
(h) The following shall constitute additional grounds for disciplinary proceedings, including suspension or revocation of the license of a class C-10 electrical contractor pursuant to Article 7 (commencing with Section 7090 ) of Chapter 9 of Division 3 of the Business and Professions Code:
(1) The contractor willfully employs one or more uncertified persons to perform work as electricians in violation of this section.
(2) The contractor willfully fails to provide the adequate supervision of uncertified workers required by paragraph (3) of subdivision (a) of Section 108.4 .
(3) The contractor willfully fails to provide adequate supervision of apprentices performing work pursuant to subdivision (d).
(i) The Labor Commissioner shall 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. The Labor Commissioner shall have a memorandum of understanding with the Registrar of Contractors in furtherance of this section.
(j) Upon receipt of a referral by the Labor Commissioner alleging a violation under this section, the Registrar of Contractors shall open an investigation. Any disciplinary action against the licensee shall be initiated within 60 days of the receipt of the referral. The Registrar of Contractors may initiate disciplinary action against any licensee upon his or her own investigation, the filing of any complaint, or any finding that results from a referral from the Labor Commissioner alleging a violation under this section. Failure of the employer or employee to provide evidence of certification or trainee status shall create a rebuttable presumption of violation of this provision.
(k) For the purposes of this section, “electricians” has the same meaning as the definition set forth in Section 108 .