occupational license exemption

[jolt68]

What is the name of your state? Utah. However this is a general query, In the past, I know that on federally funded projects, one was exempt from state occupational licensing requirements. Is this still true and can anyone please point me to the federal statute or code documenting this, as i have searched dept of labor and many message boards to no avail. Thanx, in advance.

 

[HomeGuru]

What is the name of your state? Utah. However this is a general query, In the past, I know that on federally funded projects, one was exempt from state occupational licensing requirements. Is this still true and can anyone please point me to the federal statute or code documenting this, as i have searched dept of labor and many message boards to no avail. Thanx, in advance.

**A: without the specifics, we do not know.

 

[jolt68]

Case in point:

I am a construction electrician. Recently, I returned from employment in Fairbankx, AK. I worked on a project, awarded by rhe Dept. of Defense. I was referred from a union hiring hall, to a sub contractor. The building is the Mission Support Training Facility for the Stryker Brigade of the U.S. Armed services. It is located at Ft. Wainwright, AK.

The state of Alaska requires procurement of a journeyman electrical license to perform electrical work in the state of Alaska as a whole. I was told, by the union rep. that I must have this license to be referred to this jobsite. Is this legal? In the past, it was a common conception that State licensing reqirements were exempt for employment under these and other types of federal contracts.

I travel to many states for employment and possess many state electrical licenses. The cost of obtaining and maintaining these licenses is prohibitive, especially for just a 3 mo. stint. Do I have any legal foundation to force this issue in the future? Are there any Federal statutes, codes, or guidlines relating to the application, or exemption, of state occupational and professional licensing requirements under these circumstances?

Please excuse any obtusiveness for this post, I have never before, posted anything, anywhere. Ihope this is specific enough, and appropriate for this Bulletin Board. Thanx for your indulgence

 

[JETX]

"I was told, by the union rep. that I must have this license to be referred to this jobsite."
*** State laws do not apply on federal land and the Fort is federal property. However, the contract itself or project rules may require a specific qualification and they can impose state or local licensing criteria.

"Is this legal?"
*** As noted above, if it is a project or local requirement that you be licensed, yes.

"In the past, it was a common conception that State licensing reqirements were exempt for employment under these and other types of federal contracts."
*** Conceptions do not always birth the facts.

"I travel to many states for employment and possess many state electrical licenses. The cost of obtaining and maintaining these licenses is prohibitive, especially for just a 3 mo. stint. Do I have any legal foundation to force this issue in the future?"
*** Only to respectfully ask to be shown where the requirement is noted in the project specificiations.

"Are there any Federal statutes, codes, or guidlines relating to the application, or exemption, of state occupational and professional licensing requirements under these circumstances?"
*** There is nothing to prohibit a contract from including a requirement for a professional or trade license.

 

[jolt68]

Thanx "JETX" for your reply. Sorry for the delayed response.
One more question, if you'd please.

" State laws do not apply on federal land and the Fort is federal property. "

Would you tell me please, where I might find legal verification of this? What law, code, statute, Federal Guideline are you referring to?

Thanks again for your help

 

[JETX]

The principal is simple. If the land where a crime occurs is owned by the federal government (as in the case of a military base or fort), local or state laws do not apply.
However, that does not mean that a contract for work on that federal facility can't include a requirement for proper certification or licensing. This is simply due to the fact that the federal government doesn't have a 'trade licensing' program.

Example:
Say the federal government writes a contract for general construction work to be done at a federal facility in Alaska. The contract can certainly include a requirement that a specific trade (say, electricians) have a valid Alaska license to show that they are qualified to perform the work described.