September 04, 2010  
Northern California Electrical Construction Industry - LMCT



 

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Primary Objectives:

Deter and persuade --- One of the most important purposes of an effective compliance enforcement program is to affect the behavior of the contracting community (Awarding Agencies) through education of the industry on the vast amount of laws that are required to ensure a "level playing field".  There are multiple dimensions to this objective.  First, NCECI seeks to assure that the object of the enforcement action does not violate the law in the future.  Second, NCECI seeks to assure that others either voluntarily correct violations before they are discovered by NCECI or achieve a high level of compliance, i.e., do not violate the law.   

       Correct non-compliant conditions --- Important legal processes can be employed to seek administrative or judicial orders directing the cessation of Labor and Contracting law violations and/or the correction of related adverse impacts.  (pre-qualification language, safety enhancement, PLA)

    Punish violators --- Punishment for violations of the law has its own independent purpose.  Simply stated, those who violate the law incur an obligation to society.  A violation of Labor/public works laws are usually not some abstract event but involve a direct or indirect reality to the construction community, or the public.  Punishment can have a variety of forms ranging from specific corrective actions, to monetary penalties, to actually serving time in a prison.             

                                                  
Create a norm of expected behavior --- An important function of enforcement is that NCECI’s actions, over a period of time, define the level of behavior which is expected of the electrical contracting community and the consequences for when that level is not met.  To the extent that NCECI recommendations that the State actually produces written interpretations of law and regulations, such as in a judicial decision, these have important presidential value and therefore serve as important guides for behavior.

 






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