Authority: 29 U.S.C. 49k; 8 U.S.C. 1186(c)(4); 41 Op. A.G. 406
(1959).
Source: 45 FR 14182, Mar. 4, 1980, unless otherwise noted.
Purpose and Applicability
(a) This subpart sets forth the Employment and Training
Administration standards for agricultural housing. Local Job Service
offices, as part of the State employment service agencies and in
cooperation with the United States Employment Service, assist employers
in recruiting agricultural workers from places outside the area of
intended employment. The experiences of the employment service indicate
that employees so referred have on many occasions been provided with
inadequate, unsafe, and unsanitary housing conditions. To discourage
this practice, it is the policy of the Federal-State employment service
system, as set forth in Sec. 653.108 of this chapter, to deny its
intrastate and interstate recruitment services to employers until the
State employment service agency has ascertained that the employer's
housing meets certain standards.
(b) To implement this policy, Sec. 653.108 of this chapter provides
that recruitment services shall be denied unless the employer has signed
an assurance, a preoccupancy inspection has been conducted and the ES
staff has ascertained that, with respect to intrastate clearance, if the
workers are to be housed, the employer's housing meets or, with respect
to interstate clearance, that the employer will provide housing for the
workers which meets either the full set of standards set forth at 29 CFR
1910.142 or the full set of standards set forth in this subpart.
Whichever is applicable under the criteria set forth in Sec. 654.401;
except that for mobile range housing for sheepherders, the housing shall
meet existing Departmental guidelines.
[45 FR 14182, Mar. 4, 1980; 45 FR 22901, Apr. 4, 1980]
