To submit a request for apprentices under the Good Faith Effort Exception, follow these specific steps:
1. Identify Suitable Registered Apprenticeship Programs
- Find at least one registered apprenticeship program that:
- Operates in the geographic area where the work will be performed.
- Trains apprentices in the necessary occupations for the project.
- Has a practice of entering into agreements with employers for apprentice placement, aligning with Department of Labor standards (29 CFR parts 29 and 30) and subsequent guidance.
2. Prepare the Written Request
- The request must be in writing and sent electronically or by registered mail.
- It should include:
- Proposed dates of employment.
- Occupation(s) of qualified apprentices needed.
- Location of the work.
- Number of apprentices required.
- Labor hours expected to be performed by apprentices.
- Name and contact information of the taxpayer, contractor, or subcontractor.
- Reasonable estimates are permissible.
- State the intent to employ apprentices as trained and in accordance with the program’s standards and specified employment details. If the employer is different from the requester, include the employer’s name.
3. Timing of Requests
- Initial Request: Must be submitted no later than 45 days before apprentices are needed to start work.
- Subsequent Requests: If made to the same program after the initial one, must be submitted no later than 14 days before apprentices are needed. There’s no limit on how many requests can be made.
4. Responding to Request Status
- If a request is denied, you can rely on the Good Faith Effort Exception for the denied portion.
- If the program fails to respond within five business days, the request is considered denied.
- For partial denials, you may still satisfy the exception by accepting the offered apprentices and addressing the unfulfilled portions.
5. Maintaining Good Faith Effort
- To continue relying on the Good Faith Effort Exception beyond 365 days (366 in a leap year) for a previously denied request, submit additional requests as needed.
Original article by NenPower, If reposted, please credit the source: https://nenpower.com/blog/what-are-the-specific-steps-to-submit-a-request-for-apprentices-under-the-good-faith-effort-exception/
