Labor-management (carve-out) agreements
"Carve-out" programs allow employers and unions to create their own alternatives for workers' compensation benefit delivery and dispute resolution under a collective bargaining agreement. Eligibility of parties to participate in a program must be approved by the administrative director of the Division of Workers' Compensation. The requirements to participate and the elements required to be in "carve-out" programs are contained in Labor Code section 3201.5 (for the construction industry) and Labor Code section 3201.7 (for all other industries), as well as California Code of Regulations, title 8, sections 10200-10204.
Participating Programs
- Labor-Management (Carve-Out) Agreements/Construction (Labor Code 3201.5)
- Labor-Management (Carve-Out) Agreements/Non-Construction (Labor Code 3201.7)
Resources
- How to Create a Workers' Compensation Carve-out in California: Practical Advice for Unions and Employers, CHSWC (2006)
- Petition for permission to negotiate a section 3201.7 labor-management agreement - DWC form RGS-1
- Carve-out program: A report on activities for the calendar years 2004 - 2011
- For additional information on carve-outs after 2011, please see the Carve-Out Section in the CHSWC Annual Reports
June 2020