October 8, 2014

Department of Labor

Office of Foreign Labor Certification

Attn: Brian Pasternak

Re: Stakeholder Requests Regarding TEGL 32

- 10 Special Procedures: Labor Certification Process for Employers

Engaged in Sheepherding and Goatherding Occupations under the H

- 2A Program

In light of the pending rulemaking process regarding the above mentioned Special Procedures, the

American Sheep Industry Association, Mountain Plains Agricultural Service and Western Range

Association submit the followin g information and requested changes to the above mentioned Special

Procedures

.

As with any industry, progress and advancement has created opportunities for improved production and

employment practices in the open range livestock industry, however, the uni que occupational

characteristics of herding remain and are critical to the existence of open range livestock producers. The

complete lack of U.S. workers who are available for and capable of performing these jobs makes workable

Special Procedures for these jobs imperative.

Special Procedures, in various forms, have worked well for this industry in the past, the following changes

recommended are based on Special Procedures currently in effect. Stakeholder input is presented in bold

font throughout the text of current TEGL 32

- 10.

Attachment A: Labor Certification Process for Application for Sheepherding and Goatherding Occupations.

This document outlines special procedures for applications submitted by employers for sheepherding and/or

goatherding occupations under the H

- 2A Program. Unless otherwise specified in this attachment, applications

submitted for these 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 these

occupations must comply with the requirements of 20 CFR Part 655, Subpart B, 20 CFR Part 653, Subparts B

and F, and 20 CFR Part 654.

I. PREFILING PROCEDURES

A. Offered Wage Rate (20 CFR 655.120(a)). The Department is continuing a special variance to the offered

wage rate requirements contained at 20 CFR 655.120(a). Because occupations involving sheepherding

and/or goatherding are characterized by other than a reasonably regular workday or workweek, an

employer must agree to offer, advertise in the course of its recruitment, and pay the monthly, weekly, or

semi

- monthly prevailing wage established by the OFLC Administrator for each state listed in an approved

itinerary. As a condition of receiving an H

- 2A labor certification, an employer must comply with allapplicable Federal, state and local employment

- related laws and regulations, including the mandatory

state minimum wage rates for the occupation.

In establishing the prevailing wage rate for she epherding and/or goatherding, the Department uses

findings from prevailing wage surveys conducted by SWAs in accordance with the procedures in the ETA

Handbook No. 385, and consistent with the wage setting procedures historically applied to sheepherder

occupations in the Western states. SWAs are required to transmit wage rate findings covering

sheepherding and/or goatherding to the OFLC between May 1 st and June 1 st of each calendar year.

Following a review of the SWA wage rate findings, the OFLC will publish the new agricultural prevailing

wage rates in a Federal Register notice with an immediate effective date.

In circumstances where a SWA is unable to produce a wage rate finding for an occupation, due to an

inadequate sample size or another valid reason, the wage setting procedures allow the OFLC to issue a

prevailing wage rate for that state based on the wage rate findings submitted by an adjoining or

proximate SWA for the same or similar agricultural activities to ensure that the wages of similarly

employed workers are not adversely affected.

If the OFLC cannot establish a wage rate by using comparable survey data from an adjoining or

proximate SWA, the OFLC will give consideration to aggregating survey data for sheepherding and/or

goatherding activities across states to create regional prevailing wage 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 its Farm Labor Survey.

Complete lack of U.S. workers that are available for and capable of performing these jobs translates into

lack of va lid sample size for a prevailing wage survey. It is not possible to survey employers of domestic

herders if there are not any domestic herders. The inability to conduct a valid survey for years has resulted

in stagnate wage rates. Furthermore, the above me ntioned alternate method of using geographic

proximately to determine wage rates has historically resulted in unrealistic and often disastrous wage

changes. A new wage determination methodology that provides a realistic monthly wage , offers

opportunity for annual wage adjustments , recognizes an on call 24/7 need, considers the additional costs

of providing and delivering a high quality diet is needed.

In recognition of the basic similarities that exist in all job descriptions for these occupations and the large

areas of intended employment that often cross state lines, a national wage rate is requested versus the

previous state wages that have been used historically.

Stakeholders recommend establishing a new updated base wage that would apply nationally. T he method

to update the base wage and transition to a national wage would be used one time. In the future, annual

adjustments would be made to total herder compensation in accordance with objective measures. It

should be noted that annual adjustments to na tional base wage should NOT be applied in states that

already have a mandated wage methodology.

Additional information on stakeholder recommended wage methodology to be submitted separately.

B. Job Orders and SWA Review (20 CFR 622.121).1. Basic Process

. An employer engaged in sheepherding and/or goatherding 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 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.

The ability to submit a planned itinerary of work in multiple states is imperative. The vast areas of land

required in open range production often cross state lines while still existing in one area of intended

employment.

Unless otherwise specified in the se special procedures, the job order submitted to the SWA must

satisfy the requirements for agricultural clearance orders outlined in 20 CFR Part 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 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 it in interstate clearance under 20

CFR 655.150), unless otherwise advised by the Chicago NPC

.

2. Master Job Orders Filed by Associations. The Department is granting a waiver of the required time

period and location(s) of filing job orders prepared by associations acting as a joint employer with its

members. Where the job order is being prepared in connection wit h a future master application, the

joint employer association will submit a single “master” job order directly to the Chicago NPC once

each calendar year in accordance with a schedule approved by the Chicago NPC. Because of the

unique nature of sheepherding and/or goatherding work, and the historic shortage of domestic

workers, an association is permitted to file a master job order on behalf of a number of its employer

members in more than two contiguous states as long as (a) the job order remains active on a year

round basis, (b) the job order contains the names, addresses, telephone numbers, and number of

openings of each employer and identifying, with as much geographic specificity as possible and for

each employer, all of the physical locations, directions, and estimated start and end dates of need

where work will be performed, and (c) the association agrees to place with any of its employer

members any qualified U.S worker who applies for employment.

The Chicago NPC will review the job order for compliance with all regulatory requirements and work

with the association to address any deficiencies in a manner that is consistent with 20 CFR 655.140

and 141. Once the job order is determined to meet all regulatory requirements, the Chicago NPC will

issue a Notice of Acceptance consistent with 20 CFR 655.143, place a copy of the master job orderon the Department’s national electronic job registry, and notify the association and all appropriate

SWAs with jurisdiction over the anticipated worksites.

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 sheepherding and/or goatherding occupations

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 duties, qualifications and requirements.

Job Duties. Based on current industry practice, the SWA may rely on the following standard

description of the duties to be performed by sheepherders and/or goatherders:

Attends sheep and/or goat flock grazing on the range or pasture. Herds flock and rounds

up strays using trained dogs. Beds down flock near evening campsite. Guards flock from

predatory animals and from eating poisonous plants. Drenches sheep and/or goats. May

examine animals for signs of illness and administer vaccines, medications and insecticides

according to instructions. May assist in lambing, docking, and shearing. May perform other

farm or ranch chores related to the production and husbandry of sheep and/or goats.

Although the bulk of this description is still applicable, the phrase “on an incidental basis” needs to be

removed. The duties listed are all valid duties in the occupation of herder.

Any additional job duties must be normal and accepted for the occupation, and the SWA and

Chicago NPC have the authority to request supporting documentation substantiating the

appropriateness of the duties prior to accepting the job order.

Addition ally, the SWA or Chicago NPC may request modifications to the job duties if additional

information, such as climatic conditions and/or the size of flocks (e.g., open range bands of sheep

are often 1,000 heads or more), necessitates the use of pack and saddle horses to reach the

range in order to fully apprise U.S. workers of the nature of the work to be performed.

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 in sheepherding or similar occupations

involving the range tending or production of livestock covering multiple seasons and may require

reference(s) to verify experience in performing these activities. Applicants must provide the

name, addr ess, and telephone number of any previous employer being used as a reference. The

appropriateness of any other experience requirements must be substantiated by the employer

and approved by the Chicago NPC.

Herders are entrusted with valuable livestock and required to live in wilderness locations. Experience

and skill are necessary for the safety of the herder and the livestock therefore, it is essential for

employers to be able to require the above mentioned experience.Hours

. The description of anticipated hours of work must show “on call for up to 24 hours per

day, 7 days per week” in the job order. If an application filed for a sheepherder or goatherder

does not include the requirements of being on call 24 hours per day, 7 days per week, the

Chicago NPC may not process the employer’s application under the special procedures

enumerated in this TEGL, and must instead require compliance with all the requirements of the H

2A regulations outlined in 20 CFR 655, Subpart B.

It is critical for workers to be “on call for up to 24 hours per day, 7days per week”. A herder is not

expected to work 24 hours per day and in fact works 4

- 8 hours per day on average. However, herder

duties include prote cting livestock from predators and severe weather changes. Neither entity limits

activity to a normal working day so a herder needs to on hand to deal with developing situations.

Bold language in the following sections has been added for clarification and to create consistency

throughout Special Procedures.

2. Housing. The employer must state in its job order 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 for long

- established standards for mobile

housing as set out 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 emplo yer whose itinerary

requires mobile housing may provide mobile housing to its workers throughout the contract

.

3. Workers’ compensation

. The employer must provide workers’ compensation insurance coverage

as described in 20 CFR 655.122(e) in all states where sheepherding and/or goatherding 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 car rier, 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 sheepherding and/or

goatherding 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’ compensati on 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

. 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, satellitephones, cell phones, wireless devices, radio transmitters, or other types of electronic communication

systems. Employees are responsible for the cost of personal com munication.

5. Provision of Food. Based on long standing practice in the industry, the employer shall

deliver to workers, food to prepare their own meals. Deduction for cost of food will be

mandated by wage rate.

6. Transportation; daily subsistence

. Based on lo ng standing practice in the industry, the employer

may advance inbound transportation and subsistence costs to worker being recruited and extend

the same benefit to workers in corresponding employment, consistent with 20 CFR 655.122(h).

7. Earnings records and statements

. The employer must keep accurate and adequate records with

respect to the workers’ earnings and furnish to the worker on or before each payday a statement of

earnings. Because the unique circumstances of employing sheepherders and/or goatherders (i.e., on

call 24/7 in remote locations) prevent the monitoring and recording of hours actually worked each day

as well as the time the worker begins and ends each workday, the employer is exempt from reporting

on these two specific requirements at 20 CFR 655.122(j) and (k). However, all other regulatory

requirements related to earnings records and statements apply.

8. Frequency of pay

. The employer must state in the job offer the frequency with which the worker will be

paid, which must be at least twice monthly or according to the prevailing practice in the area of

intended employment, whichever is more frequent. Due to the unique circumstances of employing

sheepherders and/or goatherders, the employer is authorized to pay the worker based on a monthly

payment arrangement as long as the worker mutually agrees and the arrangement is reflected in the

work contract. Employers must pay wages when due.

9. Period of Employment and Work Contract

. The total period of employment (Item No. 9 on ETA Form

790) contained in a job offer must be for no more than one year.

Employers whose original certified period of employment is less than the maximum permissible

duration, may negotiate a longer

- term contract with an H

- 2A or a U.S. worker after workers arrive at

the job site consistent with 20 CFR 655.170. An extension of the work contract period that is

negotiated between the H

- 2A employer and a worker which would extend the work contract period

beyond the 12 months permitted by the Department’s H

- 2A regulations, requires that the employer

obtain a new labor certification from the Department.

Short term extensions which do not exceed two weeks may be submitted directly to the Department

of Homeland Security for approval. However, the employer must first submit for approval any change

in the period of employment to the Chicago NPC, consistent with 20 CFR 655.170, if the change

would result in an extension of the work contract period in excess of two weeks.

When a longer term contract is negotiated with a worker, the employer is not relieved of theresponsibility for reimbursement to the worker for travel and subsistence expenses incurred in getting

to the job site whic h were advanced by the employer and subsequently withheld from the worker's pay

until 50 percent of the original contract period elapsed. These payments must be made at the 50

percent completion point of the original certified period of employment. The employer is also

responsible for transportation and subsistence expenses from the place of employment if the worker

successfully fulfills his/her obligations under the original certified terms of employment or is terminated

without cause and has no subsequent H

- 2A employment. The employer must provide or pay for the

worker’s return transportation and subsistence whenever the employment relationship is severed after

the completion of the original certified work contract period or where the worker is terminated without

cause. Similarly, an employer is not relieved of its obligation to pay for return transportation and

subsistence if an H

- 2A worker is displaced as a result of the employer’s compliance with the 50 percent

rule. Successful completion of the original certified work contract period or job order entitles the

worker to return transportation and subsistence regardless of performance under any short or long

term extension of the contract.

The historical need for herders to be present for up to one year at a time, has not change d and is critical

to the existence of open range livestock production.

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 foreign 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 contr ol 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;

 A planned itinerary listing the worksites and identifying, with as much geographic

specificity as possible

, 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. Master Applications Filed by Associations. An associ ation filing as a joint employer may submit a master

application on behalf of a number of its employer

- members in more than two contiguous States covering

multiple start dates of employment as long as the application identifies the names, addresses, telephone

numbers, directions to all work locations/itinerary, estimated dates of need, and the number of openings

for each employer

- member that will employ workers. The association may prepare, sign, and submit the

Appendix A.2 on behalf of its members.

An association with a master job order on file with the Chicago NPC is not required to re

- submit the ETA

Form 790 and all attachments unless the association is requesting modifications. The Chicago NPC will

verify that the master job order associated with a master application is available on the national

electronic job registry and covers all the employer

- members duly named on the ETA Form 9142. Anychanges to the master job order and/or application must be reviewed and approved by the Chicago NPC.

Any approved modifications to the master job order will be placed on the Department’s national

electronic job registry and notification provided to the association and all appropriate SWAs with

jurisdiction over the anticipated worksites.

For both individual employer applications and master applications, the filing procedures at 20 CFR

655.130

– 655.135 apply to “initial” applications (i.e., where the employer is requesting a labor

certification to hire a nonimmigrant foreign worker to fill a vacant position) as well as to “renewal”

applications (i.e., where the employer is requesting certification for a position which is already held by a

nonimmigrant foreign worker completing the first or second year of a planned 3

- year work period with the

employer).

III. POST

- ACCEPTANCE REQUIREMENTS

A. Interstate clearance of job order

. The Chicago NPC Certifying Officer will place a copy of the master job

order on the Department’s national electronic job registry, and notify the association and all appropriate

SWAs with jurisdiction over the anticipated worksites to make available a copy of the master job order on

their active files and initiate recruitment of U.S. workers. This procedure applies to applications filed by an

individual employer as well as an association a nd satisfies the agricultural clearance order requirements

at 20 CFR 653, Subpart F.

B. Newspaper advertisements

. Because of the unique nature of sheepherding and/or goatherding work, and

the consistent lack of qualified applicants responding to newspaper advertisements, all applications filed by

an individual employer and/or an association are exempt from the regulatory requirements at 20 CFR

655.151 to place advertisements in a newspaper of general circulation.

C. Referrals of U.S. workers . In accordance with 20 CFR 655.155, SWAs may only refer for employment

individuals who have been apprised of all the material terms and conditions of employment and have

indicated, by accepting referral to the job opportunity, that he or she is qualified, abl e, willing, and

available for employment. For master job orders, the association may accept referrals of U.S. workers,

conduct interviews, and make hiring commitments on behalf of its employer

- members. In such

circumstances, the master job order must clearly explain how applicants will be considered for hire

through the association, including the method(s) for contact (e.g., telephone, in person), hours and/or

location(s) for conducting interviews, an indication that collect calls will be accepted, and whether referred

applicants should report to the nearest local office of the SWA when they arrive in the area of intended

employment. Employers who wish to conduct interviews must do so at little or no cost to the worker, in

accordance with 20 CFR 655.152(j).

Because of the unique nature of master job orders, the association will need to determine if there is a job

opening in the geographic area of the applicant's choice. The association will make every effort to place

a qualified applicant with an employer

- member in the geographic area of the applicant’s choice within 3

working days of the telephone interview. If the applicant is determined to be qualified and the geographic

assignment choice can be accommodated, the association, after receiving authorization or confirmationfrom the specific employer, will make a hiring commitment on behalf of the employer

- member who has

the job opening to which the applicant will be placed.

The association may also make available to applicants information on job openings with non

- association

employers, particularly in situations where the association is not able to readily accommodate the

applicant’s geographic choice of employment. However, receiving such a referral will not preclude the

applicant from choosing a different geographic area covering an employer

- member or from deferring a

decision to accept a job offer until a job opening in the geographic area of choice becomes available with

an employer

- member. After the matter of geograph ic location/assignment is resolved, the association

will provide notification to the SWA when the applicant has been hired and facilitate the arrangements

necessary to ensure that transportation and subsistence are provided in advance to the worker by the

association. The association will retain all documentation related to referrals of U.S. workers, interviews

and the results of such actions for a period of 3 years and will make all materials related to the

recruitment and consideration of U.S. applicants available to the Chicago NPC pursuant to a request for

audit as required by 20 CFR 655.180(b).

IV. POST

- CERTIFICATION: TRANSFER OF WORKERS

A. Authority

. Pursuant to 8 U.S.C. 1188(d)(2), the Department’s certification granted to the association

may be used for the certified job opportunities of any of its members and such workers may be

transferred among its members to perform the services for which the certification was granted.

Although a worker may be transferred from one member to another member

, the association may not

transfer workers to any non

- member employer or employer

- members not disclosed on the master job

order.

The employer must disclose in the job offer that workers may be transferred to any of its certified

members and guarantee that workers will be notified at least 7 working days in advance of such transfer

. In emergency situations, the 7 day prior notification requirement may be waived. When a worker

objects to a transfer, the association will consider the worker’s concerns and preferences. However,

ultimate refusal on the part of a worker to a transfer may subject the worker to dismissal based on a

lawful, job

- related reason.

B. Notification to the DOL and SWA

. To ensure the employer to whom a worker is being transferred has

sufficient housing meeting the applicable standards, the association shall provide written notification to the

SWA with jurisdiction over the area of intended employment and the Chicago NPC no less than 7 working

days prior to the transfer. Such notification shall describe the details of the transfer, including the number

and names of workers and employers affected and housing information. This notification will provide the

SWA with time to make a determination regarding the suitability of the housing and, where such a transfer

affects the available job openings of the association’s employer member(s), allow the SWA and Chicago

NPC to make appropriate modifications to the active master job order to reflect any changes in the

employer’s s ituation.

C. Contractual Obligations

. The employer who employs the newly transferred worker assumes the

existing obligations of the work contract entered into with the previous employer including any multi

-year contract negotiated with the worker. The association is responsible for maintaining and making

available for inspection a copy of all work contracts for its employer

- members. Where the worker is

moved to another state with a different offered wage rate, the employer will be required to pay the

worker the established prevailing wage for that state.

Attachment B: Standards for Mobile Housing Applicable to Sheeherders and Goatherders.

I. Procedures. Occupations involving sheepherding/goatherding generally require workers to live in remote

housing units 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 units

. For purposes of these special procedures, mobile

housing is any housing that is capabl e of being moved from one worksite 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.

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, mobile housing units must

meet guidelines issued by OFLC. Due to the fact that OSHA standards currently do not cover mobile housing

units, Section II of this attachment establishes the standards for determining the adequacy of employer

provided mobile housing units

.

Both mobile housing units and fixed

- site farm or ranch housing units 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. However, any other type of housing used by an employer to

house the workers engaged in sheepherding/goatherding activity must meet the standards applicable to

such housing under 20 CFR 655.122(d).

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 hou sing

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.

II. Mobile Housing Standards. An employer may use a mobile unit, camper, other similar mobile vehicle or tent

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:

i. 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

ii. Individual drinking cups shall be provided.

C. Excreta and Liquid Waste Disposali. 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

ii. 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 acco rdance

with state and local health and sanitation requirements.

D. Housing Structure

i. Housing shall be structurally sound, in good repair, in sanitary condition and shall provide protection

to occupants against the elements;

ii. 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;

iii. Each housing unit shall have at least one window which can be opened or skylight opening directly to

the outdoors; and

iv. 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

i. 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. Unnecessary language removed

. 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;

ii. 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 f loor under each stove, extending at least 18 inches beyond the perimeter of the

base of the stove;

iii. 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

iv. 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

i. In areas where it is not feasible to provide electrical service to mobile housing, including tents,

lanterns or other forms of portable lighting shall be provided (kerosene wick lights meet t he

definition of lantern);

ii. Lanterns or other forms of portable lighting

, where used, shall be provided in a minimum ratio of

one per occupant of each unit, including tents.

G. Bathing, Laundry and Hand Washing. Portable bathing, laundry and hand washing equipment shall be

provided when it is not feasible to provide hot and cold water under pressure.

H. Food Storage. When mechanical refrigeration of perishable food is not feasible, the worker must beprovided with another means of keeping food fresh and preventing spoilage. Unnecessary language

removed.

I. Cooking and Eating Facilities

i. When workers or their families are permitted or required to cook in their housing unit

, a space

shall be provided with adequate lighting and ventilation; and

ii. 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

i. Durable, fly

- tight, clean containers shall be provided to each housing unit, including tents,

for storing garbage and other refuse; and

ii. 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 Accommodations within a Housing unit. A bed, bunk or cot shall be provided for each

person, except in a family arrangement. When requesting a housing inspection and only where it is

demonstrated to the SWA inspector that it is impractical to set up a separate bed, bunk or cot, the

employer may request a variance to allow a second worker to temporarily share the bed, bunk or

cot upon provision of individual sleeping bag or bed roll, free of charge.

M. Fire, Safety and First Aid

i. All units in which people sleep or eat shall be constructed and maintained according to

applicable state or local fire and safety law;

ii. 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;

iii. Mobile housing units for range use must have a second means of escape. Language regarding

the size of a custom combiner removed

. iv. 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 hea ter is approved by a testing service, such

as Underwriters’ Laboratory, and if the tent is fireproof; and

v. Adequate fire extinguishers in good working condition and first aid kits shall be provided in the

mobile housing.