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This information is provided as a courtesy only and should not be considered legal advice. Contractors are solely responsible for verification of this information and for knowing, understanding, and complying with Â鶹ӳ»­ Revised Statutes Chapter 338 and the Apprenticeship Utilization Act.

Definitions: The terms used in this document have the meaning defined in Â鶹ӳ»­ Revised Statues Chapter 338.

NSHE: Â鶹ӳ»­ System of Higher Education

1. The Apprenticeship Utilization Act (“Act”) goes into effect on January 1, 2020.
2. The Act applies to:
   1. Any public work for which bids are opened on or after January 1, 2020.
   2. All public works regardless of dollar value.
   3. Each contractor and subcontractor on the public work.
3. Compliance with the Act is triggered when a contractor or subcontractor on a public work employs more than three workers in any single craft or type of work.
4. For public works involving horizontal construction, the Act requires apprenticeship hours to make up 3 percent of the total hours worked for each apprenticed craft or type of work performed.
5. For public works involving vertical construction, the Act requires apprenticeship hours to make up 10 percent of the total hours worked for each apprenticed craft or type of work performed.
6. For public works involving both horizontal and vertical construction, percentages will be determined by the predominant (highest dollar value) type of construction. For example, a lecture hall building (vertical) with a parking lot (horizontal) would be subject to 10 percent apprenticeship utilization.
7. NSHE requires a workforce checklist be submitted with all bids indicating if, for itself and each subcontractor, the contractor anticipates using more than three workers in each given craft or type of work. This checklist will be provided as part of bid invitations.
8. If more than three workers in a given craft or type of work are being employed, for each such craft or type of work the contractor and subcontractors must seek apprentices to meet the requirements set forth in the Act.
   1. The Office of the Labor Commissioner developed an Apprenticeship Utilization Request Form for contractors to use to request apprentices on a public work.
   2. That form is sent by the contractor to the applicable Registered Apprenticeship Program(s).
   3. Proof of submission and receipt of the Apprenticeship Utilization Request Form must be provided to NSHE with the contractor’s bid.
9. If necessary, a contractor may obtain a modification to or waiver of the percentage requirements if:
   1. The request for apprentices was denied, or not approved within five (5) business days of submission.; or
   2. The project requires the performance of uniquely complex or hazardous work that requires the skill and expertise of a greater percentage of journeymen.
10. To obtain a modification or waiver from the Office of the Labor Commissioner, the contractor must submit to NSHE a completed Apprenticeship Utilization Waiver Request Form.
    1. Waiver requests should NOT be submitted directly to the Office of the Labor Commissioner.
    2. For waivers based upon a denied or unapproved request for apprentices, the contractor must also submit to NSHE proof of submission and receipt of the Apprenticeship Utilization Request Form by the Registered Apprenticeship Program.
    3. NSHE will then forward the request for a waiver to the Office of the Labor Commissioner.
11. Compliance with the Act is not mandated where no Registered Apprenticeship Program(s) exist for a given craft or type of work required by the project. The Office of the Labor Commission issued an advisory opinion which includes information on regions where certain apprenticeship programs are not active or recognized by the State Apprenticeship Council as of November 27, 2019. A request for waiver is not required as to a given craft or type of work in regions where no active and/or registered Apprenticeship Programs exist for that craft/type of work.
12. During the course of the public work, the contractor and each subcontractor must submit to NSHE proof of compliance with the Act.
    1. When a contractor or subcontractor first lists an apprentice on a certified payroll report, the contractor/subcontractor must also submit documentation to NSHE verifying that the apprentice is registered with the State Apprenticeship Council and the Bureau of Apprenticeship and Training of the Office of Apprenticeship, Training, Employer and Labor Services of the Employment and Training Administration of the United States Department of Labor.
    2. NSHE may require contractors and subcontractors to submit payroll records electronically using LCPTracker even if the public work does not trigger prevailing wage requirements.
13. Additional Apprenticeship Utilization Act information and forms can be found here: Office of the Labor Commissioner Apprenticeship Utilization Act.
14. The Apprenticeship Agreement Form found on the is used to establish an agreement between a contractor seeking apprentices and the Registered Apprenticeship Program. NSHE is not a part of that agreement.