H-2A procedures for itinerant animal shearing

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2011/TEGL17-06-Ch1-ACC.pdf

                                                          CLASSIFICATION
                                                          Foreign Labor Certification
   EMPLOYMENT AND TRAINING ADMINISTRATION
                                                          CORRESPONDENCE SYMBOL
               ADVISORY SYSTEM                            OFLC
          U.S. DEPARTMENT OF LABOR                        DATE
             Washington, D.C. 20210                       June 14, 2011

ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 17-06,
          Change 1

TO:            CHICAGO NATIONAL PROCESSING CENTER PROGRAM DIRECTOR
               STATE WORKFORCE AGENCY ADMINISTRATORS

FROM:          JANE OATES /s/
               Assistant Secretary

SUBJECT:       Special Procedures: Labor Certification Process for Employers in the Itinerant
               Animal Shearing Industry under the H-2A Program

1. Purpose. To transmit special procedures, as updated to reflect regulatory and administrative
   changes in the H-2A Program, for employers who apply to the Department of Labor
   (Department) to obtain labor certifications to hire temporary agricultural foreign workers in
   occupations involving an itinerary for the shearing of sheep, goats, alpacas, or other animals
   requiring shearing in the United States.

2. References. 20 CFR Part 655, Subpart B; 20 CFR Part 653, Subparts B and F; 20 CFR Part
   654, Subpart E; and Training and Employment Guidance Letter (TEGL) No. 17-06, Special
   Procedures for Employers in the Itinerant Animal Shearing Industry Under the H-2A
   Program; and ETA Handbook No. 385.

3. Background. In 1986, Congress passed the Immigration Reform and Control Act of 1986
   (IRCA) which amended the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq.,
   and established the H-2A Program. In 1987 the Department issued an Interim Final Rule,
   promulgating the first H-2A regulations (the 1987 regulations) in accordance with IRCA. 54
   FR 20496 (Jun. 1, 1987). The 1987 regulations provided for the administration of the H-2A
   Program by the Employment and Training Administration’s (ETA) Regional Administrators,
   and instituted procedures to offset the adverse effects of immigration on U.S. workers. The
   1987 regulations also established special procedures for certain occupations, as long as they
   did not deviate from the Secretary’s statutory responsibility to determine U.S. worker
   availability and the adverse effect of foreign workers on the wages and working conditions of
   U.S. workers.

   Due to the unique nature of the itinerant animal shearing industry, the Department
   established special procedures for the processing of H-2A applications for labor certification
   of temporary agricultural foreign workers. These special procedures were contained most
   recently in the TEGL No. 17-06.

 RESCISSIONS                                              EXPIRATION DATE
 TEGL 17-06                                               Continuing
   The 1987 regulations remained in effect, largely unchanged, until the Department
   promulgated new H-2A regulations on December 18, 2008. 73 FR 77110 (Dec. 18, 2008)
   (the 2008 Final Rule). The 2008 Final Rule implemented an attestation-based application
   process and made several substantive changes to the program, but retained the special
   procedures concept. After the Department determined that the 2008 Final Rule did not meet
   H-2A Program policy objectives, the Department commenced another rulemaking process
   culminating in the publication of new H-2A regulations on February 12, 2010. 75 FR 6884
   (Feb. 12, 2010) (the 2010 Final Rule). The 2010 Final Rule implements changes that affect
   special procedures for the occupations involved in the itinerant animal shearing industry.
   Section 20 CFR 655.102 provides the Office of Foreign Labor Certification (OFLC)
   Administrator with the authority to establish, continue, revise or revoke special procedures
   for processing of certain H-2A applications, including those for itinerant animal shearing
   industry, as long as those procedures do not deviate from the statutory requirements under
   the INA.

   This TEGL updates the special procedures previously established for occupations involved in
   itinerant animal shearing to reflect organizational changes, in addition to new regulatory and
   policy objectives. It rescinds and replaces previous guidance disseminated under TEGL 17-
   06, Special Procedures for Employers in the Itinerant Animal Shearing Industry Under the H-
   2A Program.

4. Special Procedures. Attachment A outlines special procedures for applications submitted
   by employers in the itinerant animal shearing industry under the H-2A Program. Attachment
   B outlines standards for mobile housing applicable to employers in the itinerant animal
   shearing industry under the H-2A Program. Unless otherwise specified in Attachments A
   and B, applications submitted for these occupations must comply with the requirements for
   processing H-2A applications contained at 20 CFR Part 655, Subpart B. Similarly, unless
   otherwise specified, job orders submitted for these occupations must comply with the
   requirements of 20 CFR Parts 655, Subpart B, 653 Subparts B and F and 654.

5. Action Requested. The Chicago National Processing Center (Chicago NPC) Program
   Director and State Workforce Agency (SWA) Administrators are directed to immediately
   provide copies of these special procedures to all staff involved in processing H-2A labor
   certification applications from employers in the itinerant animal shearing industry. The
   revised special procedures will apply to all employer applications with a start date of need on
   or after October 1, 2011.

6. Inquiries. Questions from SWA staff should be directed to the Chicago NPC. Questions
   from the Chicago NPC staff should be directed to the OFLC National Office.

7. Attachments.

       Attachment A – Special Procedures: Labor Certification Process for Applications in the
       Itinerant Animal Shearing Industry under the H-2A Program

       Attachment B – Standards for Mobile Housing Applicable to Occupations in the Itinerant
       Animal Shearing Industry

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Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2011/TEGL17-06-Ch1-ATT-A.pdf

                                    ATTACHMENT A
            Special Procedures: Labor Certification Process for Applications in the
                Itinerant Animal Shearing Industry under the H-2A Program

This document outlines special procedures for applications submitted by employers in the
itinerant animal shearing industry under the H-2A Program. Unless otherwise specified in this
attachment, applications submitted for shearing occupations must comply with the requirements
for processing H-2A applications outlined in 20 CFR Part 655, Subpart B. Similarly, unless
otherwise specified, job orders submitted for shearing occupations must comply with the
requirements of 20 CFR Parts 655, Subpart B, 653 Subparts B and F, and 654.

I. PREFILING PROCEDURES

   A. Offered Wage Rate (20 CFR 655.120(a)). An employer must offer, advertise in the
      course of its recruitment, and pay a wage that is the highest of the Adverse Effect Wage
      Rate (AEWR), the prevailing hourly or piece rate, the agreed-upon collective bargaining
      wage, or the Federal or state minimum wage, in effect at the time the itinerant animal
      shearing services are performed and for each state listed in an approved itinerary. In
      establishing agricultural prevailing piece rates for itinerant animal shearing activities, the
      Department continues to use findings from prevailing wage surveys conducted by SWAs
      in accordance with the procedures in the ETA Handbook No. 385. SWAs are required to
      transmit piece rate findings covering itinerant animal shearing activities to the OFLC
      between May 1st and June 1st of each calendar year. Following a review of the SWA-
      reported piece rate findings, the OFLC will publish the new agricultural prevailing piece
      rates in a Federal Register notice with an immediate effective date.
       In circumstances where a SWA is unable to produce a piece rate finding for an
       occupation, due to an inadequate sample size or another valid reason, the wage setting
       procedures allow the OFLC to continue to issue a prevailing piece rate for that state
       based on the piece rate findings submitted by an adjoining or proximate SWA for the
       same or similar agricultural activities.
       If the OFLC cannot establish a prevailing wage rate by using comparable survey data
       from an adjoining or proximate SWA, the OFLC will give consideration to aggregating
       survey data from the itinerant sheep shearing activities across states to create regional
       prevailing piece rates. When regional prevailing wages are considered, the OFLC may
       use the U.S. Department of Agriculture’s (USDA) production or farm resource regions or
       other groupings of states used to conduct the USDA Farm Labor Survey.

   B. Job Orders and SWA Review (20 CFR 655.121). An employer engaged in animal
      shearing activities is allowed to submit a single Agricultural and Food Processing
      Clearance Order, ETA Form 790 (job order), Office of Management and Budget (OMB)
      control number 1205-0134, and all appropriate attachments covering a planned itinerary
      of work in multiple states. If the job opportunity is located in more than one state, either
      within the same area of intended employment or multiple areas of intended employment,
      the employer must submit the job order and all attachments (including a detailed
      itinerary) to the SWA having jurisdiction over the anticipated worksite(s) where the work


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   is expected to begin. The employer must submit the job order no more than 75 calendar
   days and no less than 60 calendar days before the employer’s first date of need.
   Unless otherwise specified in these special procedures, the job order submitted to the
   SWA must satisfy the requirements for agricultural clearance orders outlined in 20 CFR
   653, Subpart F and the requirements set forth in 20 CFR 655.122. The SWA will review
   the job order for regulatory compliance and will work with the employer to address any
   noted deficiencies. Upon its clearance of the job order, the SWA must promptly place
   the job order in intrastate clearance and commence recruitment of U.S. workers.

   The job order shall remain active until 50 percent of the work contract period has elapsed
   for all SWAs in possession of the employer’s job order (including those receiving in
   interstate clearance under 20 CFR 655.150), unless otherwise advised by the Chicago
   NPC.

C. Contents of Job Offers (20 CFR 655.122). Unless otherwise specified in this section, the
   content of job orders submitted to the SWAs and the Chicago NPC for animal shearing
   activities must comply with all of the requirements of 20 CFR Part 655, Subpart B, 653
   Subparts B and F, and 20 CFR Part 654.

    1. Job qualifications and requirements.
       Experience. Due to the unique nature of the work to be performed, the job offer may
       specify that applicants possess up to 6 months of experience as a shearer covering
       multiple seasons and may require reference(s) to verify the experience performing
       these activities. Applicants must provide the name, address, and telephone number of
       any previous employer being used as a reference. Except as provided below, the
       appropriateness of any other experience requirements must be substantiated by the
       employer and approved by the Chicago NPC.

       Shearing Method. An employer may require that the workers perform the
       “Australian” or “free-style” method of shearing as a lawful, job-related requirement.
       A U.S. worker who otherwise qualifies for the job but whose experience has been
       limited to shearing using the “tying” method must be afforded a specified break-in
       period, which may not be any fewer than 5 working days, to improve his/her
       performance and adapt to the “free-style” method.

       Completion of Itinerary. An animal shearing employer may require in its job offer
       that an applicant for the job must be available to work for the remainder of the entire
       animal shearing itinerary. An applicant referred to the employer after the labor
       certification has been granted, but before 50 percent of the work contract period for
       the entire itinerary has elapsed, must be available and willing to join the crew at
       whatever place the crew is located at the time and remain with the crew for the
       duration of the animal shearing itinerary.

    2. Housing. The employer must state in its job offer that sufficient housing will be
      provided at no cost to H-2A workers and any workers in corresponding employment
      who are not reasonably able to return to their residence within the same day. Except


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   for long-established standards for mobile housing in Attachment B, all employer-
   provided housing must comply with requirements set out in 20 CFR 655.122(d) for
   the entire period of occupancy. An animal shearing employer whose itinerary
   requires mobile housing may provide mobile housing to its workers.

3. Workers’ compensation. The employer must provide workers’ compensation
   insurance coverage, as described in 20 CFR 655.122(e), in all states where shearing
   work will be performed. Prior to the issuance of the Temporary Labor Certification,
   the employer must provide the Certifying Officer (CO) with proof of workers’
   compensation coverage, including the name of the insurance carrier, the insurance
   policy number, and proof of insurance for the dates of need, or if appropriate, proof of
   state law coverage for each state where the animal shearing work will be performed.
   In the event that the current coverage will expire before the end of the certified work
   contract period or the insurance statement does not include all of the information
   required under the regulations at 20 CFR 655.122(e), the employer will be required to
   supplement its proof of workers’ compensation for that state before a final
   determination is due. Where the employer’s coverage will expire before the end of
   the certified work contract period, the employer may submit as proof of renewed
   coverage a signed and dated statement or letter showing proof of intent to renew and
   maintain coverage for the dates of need. The employer must maintain evidence that
   its workers’ compensation was renewed, in the event the Department requests it.
4. Employer-provided items. An employer in the H-2A Program must provide to the
   worker, without charge or deposit charge, all tools, supplies, and equipment required
   to perform the duties assigned. The Department’s regulations have previously
   recognized that the wage rates prevailing in the animal shearing industry reflect a
   historical and common practice of employees providing their own tools. Employers
   were permitted, upon prior approval by the Department, to require that workers
   provide their own tools. Alternatively, employers who did provide tools to the
   workers were permitted to apply a wage differential of $ 0.05 per animal shorn to the
   required wage. However, after the enactment of the 2010 Final Rule, an animal
   shearing employer may no longer require that employees provide their own tools. In
   addition, an animal shearing employer may no longer deduct from an employee’s pay
   the cost of any item that is an employer’s business expense where doing so would
   reduce the employee’s wages below the required wage rate, consistent with 20 CFR
   655.120(a) and 655.122(f) and (p).
   Due to the remote and unique nature of the work to be performed, the employer must
   also specify in the job order, and provide at no cost to workers, an effective means of
   communicating with persons capable of responding to the worker’s needs in case of
   an emergency. These means are necessary to perform the work and can include, but
   are not limited to, satellite phones, cell phones, wireless devices, radio transmitters, or
   other types of electronic communication systems.

5. Rates of pay. If paying by the piece rate, the animal shearing employer must specify
   in the job order the established piece rates (i.e., rate of pay per head sheared) for each
   state where shearing will be performed and that is no less than the piece rate
   prevailing for the activity in the area of intended employment.


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         If the worker is paid on a piece rate basis, the worker’s pay must be supplemented if
         at the end of the pay period the piece rate does not result in average hourly rate
         earnings at least equal to the amount the worker would have earned had the worker
         been paid at the highest of the AEWR, the prevailing hourly wage rate, the agreed-
         upon collective bargaining wage, or the Federal or state minimum wage, in effect at
         the time and in the state where shearing work was performed.

         Productivity Standards. Where an employer pays a piece rate and requires that
         workers meet a minimum productivity standard in order to retain employment, that
         productivity standard must be specified in the job offer and must be consistent with
         20 CFR 655.122(l)(2)(iii).. The SWA and/or Chicago NPC will review the
         employer’s minimum production requirements and may request additional
         documentation to substantiate the appropriateness of any requirement prior to
         approving the application.

II. APPLICATION FOR TEMPORARY EMPLOYMENT CERTIFICATION FILING
    PROCEDURES

  A. Application Filing Requirements (20 CFR 655.130). An individual employer that desires
     to apply for temporary employment certification for one or more nonimmigrant workers
     must file the following documentation with the Chicago NPC no less than 45 calendar
     days before the employer’s date of need:

          ETA Form 9142 (OMB control number 1205-0466), Application for Temporary
           Employment Certification, and Appendix A.2;
          Copy of the ETA Form 790 and all attachments previously submitted to the SWA;
          An itinerary listing the names and contact information of all employers and
           identifying, with as much geographic specificity as possible for each
           farmer/rancher, all of the physical locations and estimated start and end dates of
           need where work will be performed; and
          All other required documentation supporting the application.

  B. H-2A Labor Contractor (H-2ALC) Filing Requirements (20 CFR 655.132). The
     Department is granting a special variance to the application filing procedures for H-
     2ALCs contained at 20 CFR 655.132(a). Specifically, an employer engaged in animal
     shearing activities is authorized to file an Application for Temporary Employment
     Certification covering one or more areas of intended employment based on a definite
     itinerary. An itinerant animal shearing employer who desires to employ one or more
     nonimmigrant workers on an itinerary to provide itinerant animal shearing services to
     fixed-site farmers/ranchers is, by definition, an H-2ALC. Therefore, the itinerant animal
     shearing labor contractor must identify itself as the employer of record on the ETA Form
     9142 by completing Section C and marking item C.17 as “H-2A Labor Contractor,” and
     submitting, in addition to the documentation required under 20 CFR 655.130, all other
     required documentation supporting an H-2ALC application. The only special variance to
     the requirements at 20 CFR 655.132(b) is the recognized exemption of sheep shearing



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     activities from the requirements of the Migrant and Seasonal Agricultural Worker
     Protection Act (MSPA) (29 U.S.C. 1801, 1803 (a)(3)(E) et seq.).

III. POST-ACCEPTANCE REQUIREMENTS

  A. Additional Positive Recruitment (20 CFR 655.154). An animal shearing employer will
     be required to conduct positive recruitment within a multistate region of traditional or
     expected labor supply where the Chicago NPC finds that there are a significant number of
     qualified U.S. workers who, if recruited, would be willing to make themselves available
     for work at the time and place needed.

     Based on long standing practice, one primary source of domestic workers for animal
     shearing has traditionally been the labor organization that represents sheep shearers, the
     Sheep Shearers Union of North America. Therefore, when the Chicago NPC issues a
     Notice of Acceptance, the employer will receive instructions to contact the Sheep
     Shearers Union of North America. In accordance with 20 CFR 655.154(d), the
     Certifying Officer will specify the documentation or other supporting evidence that must
     be maintained by the employer as proof that this positive recruitment requirement was
     met.




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Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2011/TEGL17-06-Ch1-ATT-B.pdf

                                ATTACHMENT B
  Standards for Mobile Housing Applicable to Occupations in the Itinerant Animal
                               Shearing Industry

I. PROCEDURES

  Occupations involving itinerant animal shearing generally require workers to live in
  remote housing of a mobile nature, rather than “a fixed-site farm, ranch or similar
  establishment.” This type of housing is typically referred to as mobile housing. For
  purposes of these procedures, mobile housing is any housing that is capable of being
  moved from one area on the open range to another. The employer must provide housing
  at no cost to the H–2A workers and those workers in corresponding employment who are
  not reasonably able to return to their residence within the same day.

  Where housing for work performed on the range is provided, the regulations at 20 CFR
  655.122(d)(2) require that such housing meet standards of the DOL Occupational Safety
  and Health Administration (OSHA). In the absence of such standards, range housing
  must meet guidelines issued by OFLC. Due to the fact that OSHA standards currently do
  not cover mobile housing, Section II of this attachment establishes the standards for
  determining the adequacy of employer-provided mobile housing for use on the range.
  However, any other type of housing, used by an employer to house the workers engaged
  in itinerant animal shearing activities, must meet the standards applicable to such housing
  under 20 CFR 655.122(d).

  Both mobile housing and fixed-site farm or ranch housing may be self-certified by an
  employer. Employers must submit a signed statement to the SWA and the Chicago NPC
  with the application for labor certification assuring that the housing is available,
  sufficient to accommodate the number of workers being requested, and meets all
  applicable standards.

  SWAs must develop and implement a schedule which ensures that each employer’s self-
  certified housing is inspected no less frequently than at least once every 3 years. These
  inspections may be performed either before or after a request is submitted for
  nonimmigrant workers on the open range. Before referring a worker who is entitled to
  such housing, the SWA office must ensure that the housing is available and has been
  inspected in accordance with the inspection schedule. If the SWA determines that an
  employer’s housing cannot be inspected in accordance with the inspection schedule or,
  when it is inspected, does not meet all the applicable standards, the Chicago NPC may
  deny the H-2A application in full or in part or require additional inspections in order to
  satisfy the regulatory requirement.

  An animal shearing contractor may lease a mobile unit owned by a crew member or other
  person or make some other type of “allowance” to the owner. Neither the SWA nor
  Chicago NPC should be involved in establishing or negotiating the amount an employer
  offers to provide to a worker or other person who owns a mobile unit and desires to lease
  it to the employer. The employer may not accept the use of a housing unit owned by a
  worker without remuneration, and the compensation provided to the owner must be


                                           1
  reasonable and consistent with leasing rates normally applicable to such units. Further,
  nothing in this paragraph alters the employer’s obligation under 20 CFR 655.122 to
  provide housing at no cost to the H-2A workers and those workers in corresponding
  employment who are not reasonably able to return to their residence within the same day,
  nor the employer’s obligation to pay the workers’ wages free and clear.

  In addition, if the employer represents such mobile unit as “housing or lodging provided
  by the employer”, the employer “controls” the mobile unit and is subject to ensuring that
  the housing unit complies with the applicable mobile housing standards for such housing.
  In addition, the employer is subject to the SWA inspection schedule for such a unit.

II. MOBILE HOUSING STANDARDS

  An employer may use a mobile unit, camper, or other similar mobile vehicle for housing
  workers that meets the following standards:

  A. Housing Site

     Mobile housing sites shall be well drained and free from depressions in which water
     may stagnate.

  B. Water Supply

        1. An adequate and convenient supply of water that meets standards of the state
        health authority shall be provided. The amount of water provided must be enough
        for normal drinking, cooking, and bathing needs of each worker; and
        2. Individual drinking cups shall be provided.

  C. Excreta and Liquid Waste Disposal

        1. Facilities shall be provided and maintained for effective disposal of excreta and
        liquid waste in accordance with requirements of the state health authority or
        involved Federal agency; and
        2. If pits are used for disposal by burying of excreta and liquid waste, they shall be
        kept fly-tight when not filled in completely after each use. The maintenance of
        disposal pits must be in accordance with state and local health and sanitation
        requirements.

  D. Housing Structure

        1. Housing shall be structurally sound, in good repair, in sanitary condition and shall
        provide protection to occupants against the elements;
        2. Housing, other than tents, shall have flooring constructed of rigid materials easy
        to clean and so located as to prevent ground and surface water from entering;
        3. Each housing unit shall have at least one window which can be opened or skylight
        opening directly to the outdoors; and



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   4. Tents may be used where terrain and/or land regulations do not permit use of
      other more substantial mobile housing which provides facilities and protection
      closer in conformance with the Department's intent.

E. Heating

    1. Where the climate in which the housing will be used is such that the safety and
      health of a worker requires heated living quarters, all such quarters shall have
      properly installed operable heating equipment which supplies adequate heat. In
      considering whether the heating equipment is acceptable, the Chicago NPC shall
      first determine if the housing will be located in a National Forest Wilderness
      Section as specified in the Wilderness Act (16 U.S.C. §§ 1131-1136). Such a
      location has a bearing on the type of equipment practicable, and whether any
      heavy equipment can be used. For example, the Wilderness Act (16 U.S.C. §
      1133(c)) restricts certain motorized or mechanical transport on certain roads in
      wilderness areas. The U.S. Forest Service has regulations for this at 36 CFR Part
        293. Aside from the above, other factors to consider in evaluating heating
      equipment are the severity of the weather and the types of protective clothing and
      bedding made available to the worker. If the climate in which the housing will be
      used is mild and not reasonably expected to drop below 50 degrees Fahrenheit
      continuously for 24 hours, no separate heating equipment is required if proper
      protective clothing and bedding are made available;
    2. Any stoves or other sources of heat using combustible fuel shall be installed and
      vented in such a manner as to prevent fire hazards and a dangerous concentration
      of gases. Portable electrical heaters may be used, and if approved by
      Underwriters' Laboratory, kerosene heaters may be used according to
      manufacturer's instructions. If a solid or liquid fuel stove is used in a room with
      wooden or other combustible flooring, there shall be a concrete slab, insulated
      metal sheet, or other fireproof material on the floor under each stove, extending at
      least 18 inches beyond the perimeter of the base of the stove;
    3. Any wall or ceiling within 18 inches of a solid or liquid fuel stove or stove pipe
      shall be made of fireproof material. A vented metal collar shall be installed
      around a stovepipe or vent passing through a wall, ceiling, floor or roof; and
    4. When a heating system has automatic controls, the controls shall be of the type
      which cuts off the fuel supply when the flame fails or is interrupted or whenever a
      predetermined safe temperature or pressure is exceeded.

F. Lighting

    1. In areas where it is not feasible to provide electrical service to mobile housing,
      including tents, lanterns shall be provided (kerosene wick lights meet the
      definition of lantern); and
    2. Lanterns, where used, shall be provided in a minimum ratio of one per occupant
      of each unit, including tents.




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G. Bathing, Laundry and Hand Washing

   Movable bathing, laundry and hand washing facilities shall be provided when it is not
   feasible to provide hot and cold water under pressure.

H. Food Storage

   When mechanical refrigeration of food is not feasible, the worker must be provided
   with another means of keeping food fresh and preventing spoilage, such as a butane
   or propane gas refrigerator. Other proven methods of safeguarding fresh foods, such
   as salting, are acceptable.

I. Cooking and Eating Facilities

    1. When workers or their families are permitted or required to cook in their
      individual unit, a space shall be provided with adequate lighting and ventilation;
      and

    2. Wall surfaces next to all food preparation and cooking areas shall be of
      nonabsorbent, easy to clean material. Wall surfaces next to cooking areas shall be
      of fire-resistant material.

J. Garbage and Other Refuse

    1. Durable, fly-tight, clean containers shall be provided to each housing unit,
      including tents, for storing garbage and other refuse; and
    2. Provision shall be made for collecting or burying refuse, which includes garbage,
      at least twice a week or more often if necessary. Refuse disposal shall conform to
      Federal, state, or local law, whichever applies.

K. Insect and Rodent Control

   Appropriate materials, including sprays, must be provided to aid housing occupants in
   combating insects, rodents and other vermin.

L. Sleeping Facilities

   A separate sleeping unit shall be provided for each person, except in a family
   arrangement. Such a unit shall include a comfortable bed, cot, or bunk with a clean
   mattress. When filing an application for certification and only where it is
   demonstrated to the Certifying Officer that is impractical to set up a second sleeping
   unit, the employer may request a variance from the separate sleeping unit requirement
   to allow for a second worker to temporarily join the shearing operation. The second
   worker may be temporarily housed in the same sleeping unit for no more than three




                                        4
   consecutive days and the employer must supply a sleeping bag or bed roll free of
   charge.

M. Fire, Safety and First Aid

    1. All units in which people sleep or eat shall be constructed and maintained
      according to applicable state or local fire and safety law;
    2. No flammable or volatile liquid or materials shall be stored in or next to rooms
      used for living purposes, except for those needed for current household use;
    3. Mobile housing units for range use must have a second means of escape. One of
      the two required means of escape must be a window which can be easily opened,
      a hutch, or other provision. It must be demonstrated that the custom combine
      worker would be able to crawl through the second exit without difficulty;
    4. Tents are not required to have a second means of escape, except when large tents
      with walls of rigid material are used. A heater may be used in a tent if the heater
      is approved by a testing service, such as Underwriters’ Laboratory, and if the tent
      is fireproof; and
    5. Adequate fire extinguishers in good working condition and first aid kits shall be
      provided in the mobile housing.




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