Migrant Labor Housing--Federal Regulations

Who must comply?

Anyone who supplies housing to migrant workers is subject to housing standards. There are certain exemptions for small employers and camp operators who provide the same housing to the general public on a commercial basis.

What do the regulations require?

1. Before migrant labor housing can be occupied, a state or local health authority or other appropriate agency must certify that the facility meets all applicable safety and health standards, including federal and state regulations. A copy of the certification must be posted at the site. Certification prior to occupancy will not prevent the housing provider from being assessed penalties for violations that occur after occupancy has begun.

2. Migrant labor housing owned by growers and crew leaders subject to the Migrant and Seasonal Agricultural Workers Protection Act (see previous section) must be registered, inspected, and approved by the Wage and Hour Division of theU.S. Department of Labor. Specific requirements exist for:

  • housing sites
  • shelter and housing
  •  water supply
  • toilet facilities
  • sewage disposal
  • laundry, hand washing, and bathing facilities
  • electrical lighting
  • refuse and garbage disposal
  • cooling and eating facilities
  • screening, insect, and rodent control
  • fire safety and first-aid facilities
  • reporting of communicable diseases

    These regulations can be found in the Code of Federal Regulations, Volume 20 section 654.400 et seq.


3. The Employment Training Administration of the U.S. Department of Labor must approve migrant labor housing before it will supply workers to the operation.

4. The Occupational Safety and Health Administration has the authority to inspect any farm labor housing facility in response to a complaint, a report of an injury or accident, or on a random basis. No registration is required under OSHA regulations.

Penalties

Employers and migrant farm labor camp owners are subject to fines if found in violation of housing standards. In certain cases, violations may cause the inspecting agency to close the camp and revoke the employer's certification, which could result in an employer losing the employees who are needed to pick a crop.

For more information

Contact any regional office of the U.S. Department of Labor.

Extension | Intranet | Publications |