AWI PROGRAMS

Alien Labor Certification

FAQ # 6: Do I have to provide free housing to United States domestic workers and to the foreign workers imported under the H-2A Program?

The United States Department of Labor requires that all H-2A Program employers

Must provide non-commuting workers housing at no cost to the workers. “Non-commuting” refers to workers who are not reasonably able to return to their residence within the same day. [ USDOL Housing Requirement : see 20 CFR 655.102(b)(1)]

Four types of housing may be provided:

1. Employer Provided Housing: Housing owned, leased or rented by the employer. Houses, manufactured homes (mobile homes or trailers), duplexes or barracks buildings, and other structures for individual workers.

2. Family Housing: Housing owned, leased or rented by the employer. Houses, manufactured homes (mobile homes or trailers), duplexes or barracks buildings, and other structures for family groups.

3. Range Housing: Housing provided for animal workers. Special rules apply.

4. Arrangements for Other Housing: Employer supplied housing in hotels, motels, public housing, apartments, and similar sources. Special rules apply.

Workers must be provided housing at no cost, including such items as utilities, furniture, cooking facilities (including cook and table ware, utensils), and housekeeping supplies such as toilet paper.

Housing Inspections:

Employer supplied housing must be inspected by the ALC/H-2A Unit using the Occupational Safety and Health Administration (OSHA) 1910.142 Temporary labor camp regulation. [ OSHA 1910.142 ] A list of links to inspection forms and information will be found below.

In addition, the Florida Department of Health County Health Department for the county in which the proposed housing is located must inspect each proposed housing unit. Employers must contact the county Health Department for information and to schedule the inspections to take place not later than 45 days prior to the arrival of the workers. Licensing fees apply. [ Florida County Health Department Listing ]

Other Florida State agencies may be responsible for specialized inspections. County and state fire marshals (centralized kitchens and dining facilities), and the Florida Department of Environmental Protection (wells serving over 50 people) are among the agencies that may become involved under appropriate circumstances.

Scheduling Inspections:

Two of the most critical steps in obtaining the H-2A Program Certification from the USDOL involve housing.

First, arrange for housing well in advance of applying for the H-2A Program. Do a self-inspection of the housing using the H-2A Program OSHA inspection checklist and regulation. MANY HOUSING UNITS FAIL BECAUSE THEY ARE IN DISREPAIR AND CANNOT BE BROUGHT INTO COMPLIANCE IN AN ECONOMICAL FASHION. If housing is rented or leased, arrange with the landowner who will pay for repairs and maintenance, and arrange for the contract to be based upon the housing meeting the H-2A OSHA 1910.142 and Florida Department of Health inspection standards.

Second, be prepared. The OSHA inspections are performed under a very tight schedule and must be completed no later than 30 days before the date the foreign and Domestic United States workers are to arrive at the job reporting site. The schedule includes the time required for the initial structure inspection, then a five (5) Calendar Day period for repairs, then the reinspection. Simple things such as the water not being turned on or no propane gas in the tank, or dirty and unsanitary conditions may prevent the housing from passing the inspection.

Compliance Inspections: The County Health Departments, United States Department of Labor Wage and Hour, and other agencies such as the state and county Fire Marshals and Farm Labor Compliance Field Offices may perform compliance inspections. Agency for Workforce Innovation H-2A Program inspectors may inspect housing after the workers arrive.

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AWI PROGRAMS

Alien Labor Certification