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Executive Order #108

General Information

Contractors who employ five (5) or more craft workers and who work on Wisconsin's state-funded construction projects are required to comply with the apprenticeship requirements outlined in State Executive Order #108 (EO108). Compliance language is built in to state contracts for projects that are awarded by Wisconsin's Department of Administration (DOA contract's General Provisions Article 34) and Department of Transportation (DOT contract's ASP1, item V). 

EO108 states that "no contracts are awarded for construction work performed on state-owned projects in Wisconsin unless the contractor is currently approved as a Wisconsin Trade Trainer or has applied for approval as an Apprenticeship Trade Trainer to the Department of Workforce Development and agrees to an acceptable apprenticeship program which includes specific ratios of apprentices in skills trades which have been determined as apprenticeable by the Department of Workforce Development." 

Contractor Compliance

To determine whether contractors operate an acceptable apprenticeship program, information about the contractors’ total skilled workforce OR project-specific skilled workforce is reviewed by the Bureau of Apprenticeship Standards (BAS). Contractors may choose which compliance method works better for them.  However, BAS urges all contractors to first examine their total skilled workforce, because it may qualify the contractor to be pre-certified as compliant with EO108 for a one-year period.

Compliance using Total Skilled Workforce

The number of apprentices a contractor employs, in comparison with the total skilled workforce over the past 12 months is reviewed to determine a contractor’s total skilled workforce. The total workforce determination is a "point-in-time" determination. Contractors are in compliance if, at any point during the past 12 months, it can be verified that:

• The contractor employed apprentices at the applicable trade's maximum ratio; or

• Apprentices comprised a prescribed percentage of the contractor's skilled workforce (10% for DOA; 5% DOT)

Contractors who meet compliance in this manner will be pre-certified as compliant with EO #108 for one year from the approval date and will not need to provide Project-Specific Workforce information (described below). Wisconsin Trade Trainers who are pre-certified as compliant will not be asked for workforce information again during the certification period.

Compliance using Project-specific Workforce

Contractors who are not able to confirm compliance through examination of total skilled workforce (described above) will be required to submit project-specific compliance information. There are three alternatives to confirm project-specific compliance, all of which require the submission of payroll records:

• A prescribed percentage of the project's contract hours will be performed by existing apprentices (10% for DOA projects, 5% for DOT projects); or

• The contractor employs existing apprentices on the project at the maximum ratio applicable for each trade; or

• the contractor’s hiring schedule for the project will achieve the maximum apprentice-to-journeyworker ratio for the trade. The first "new hire" for the project must be an apprentice and subsequent hiring can be journeyworkers, within ratio limits, until the contractor employs the maximum number of apprentices allowed by the trade's prescribed ratio.

Contractor Exemption

There may be situations that allow for contractors/subcontractors to be exempt from compliance with EO 108. Requests for exemption are reviewed on a contract by contract basis and must be made in writing to BAS. Exemption reasons include:

• The project, as a whole, does not meet the minimum cost thresholds for prevailing wage determinations under Chapter 66 of the Wisconsin Statutes; or
• The contracted work being performed is not considered apprenticeable in the state of Wisconsin; or
• The contractor/subcontractor provides sufficient documentation to demonstrate one or more of the following:

• apprentices are not available in a specific geographic area; or

• the applicable apprenticeship program is unsuitable or unavailable; or

• there is a disproportionately high ratio of material costs to labor hours exists for the project; or

• there is a documented depression of the local construction market which prevents compliance; or

• there are specific safety or certification considerations which prevent compliance; or

• Specific EEO or other legal workforce participation requirements prevent compliance.

Occupations Crosswalk

The following table is designed to help contractors determine if the work to be performed on a Wisconsin state construction project is apprenticeable. The left column shows typical classifications defined by DWD for public works projects that are subject to prevailing wage. The right column shows corresponding available apprenticeship program(s).  This information is intended to provide general guidance to common questions and does not qualify a contractor for compliance and/or exemption.

Typical Occupational Classification This listing may not include all occupations.	Applicable Wisconsin Apprenticeship Program(s) This listing is a guide and may not include all applicable programs.
Acoustic Ceiling Tile Installer	Carpenter
Asbestos Abatement Worker	Construction Craft Laborer
Boilermaker	Boilermaker (register federally)
Bricklayer, Blocklayer or Stonemason	Bricklayer; Cement Mason
Cabinet Installer	Carpenter – Cabinet Installer
Carpenter	Carpenter
Carpet Layer	Carpenter – Floor Coverer
Cement Finisher	Concrete Finisher
Drywall Taper or Finisher	Taper or Finisher
Electrician	Construction Electrician
Elevator Constructor	Elevator Constructor (register federally)
Fence Erector	Construction Craft Laborer
Fire Sprinkler Fitter	Sprinklerfitter (Milwaukee Area & Non-union register in Wisconsin; Non-Milwaukee Local 669 register federally)
Flagperson or Traffic Control Person	Construction Craft Laborer
General Laborer	Construction Craft Laborer
Glazier	Glazier
Heat or Frost Insulator	Heat & Frost Insulator
Heavy Equipment Operator	Operating Engineer/Heavy Equipment Operator(OE/HEO)
Insulator (Batt or Blown)	Carpenter or Construction Craft Laborer
Ironworker	Ironworker
Landscaper (seed, sod, plant, mulch)	Not Apprenticeable (seed, sod, plant, mulch)
Lather	Carpenter
Marble Finisher	Cement Mason
Marble Mason	Cement Mason
Metal Building Erector	Carpenter
Millwright	Carpenter – Millwright
Overhead Door Installer	Not Apprenticeable
Painter	Painter/Decorator
Pavement Marking Operator	OE/HEO (operating pavement marker) CCL (related tasks)
Piledriver	Carpenter
Plasterer	Plasterer
Plumber	Plumber
Refrigeration Mechanic	Environmental Service Tech / HVAC Installer-Technician
Roofer or Waterproofer	Roofer or Waterproofer
Sheet Metal Worker	Sheet Metal Worker
Siding Installer	Carpenter
Steamfitter	Steamfitter
Teledata Technician or Installer	Teledata Communications
Temperature Control Installer	Not apprenticeable (programming); EST (all other aspects)
Terrazzo Finisher	Terrazzo Worker
Terrazzo Mechanic	Terrazzo Worker
Tile Finisher	Tile Setter
Tile Setter	Tile Setter
Truck Driver	Not Apprenticeable
Tuckpointer, Caulker or Cleaner	Bricklayer; Mason
Well Driller or Pump Installer	Not Apprenticeable

 

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