The U.S. Department of Labor has issued new guidance for H-2A applications in light of the recent lawsuits. Basically, H-2A applications will use the old form that was in effect back on June 28, 2024.
View the updated guidance on Implementation of the 2024 Farmworker Protection Rule
USDOL’s Farmworker Protection Final Rule website
An early apple season is wrapping up in New York. Take a few moments for this North Country Public Radio story about the Jamaican H-2A employees who play a big part in the industry.
The Department of Labor Announces Helpful Filing Tips and Recommendations Webinar for the 2024 H-2A Farmworker Protection Final Rule to be Held on August 7, 2024
On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A program made by the 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar will receive helpful tips on the new forms, filing instructions, and explanation of the transition process. The Final Rule became effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.
The meeting details are below. *Please note – there is an attendee maximum of 1000 and both the webinar recording and a copy of the presentation will be placed on our website for review at a later date.
Wednesday, August 7, 2024: 3:00 PM | (UTC-04:00) Eastern Time (US & Canada) | 1 hr
Join from the meeting link: https://usdol.webex.com/usdol/j.php?MTID=m58015af37f0bc1748261c4591aabad6b
Join by meeting number: Meeting number (access code): 2828 285 0217 Meeting password: OFLC2024
Join by phone: 1-877-465-7975 US Toll Free 1-210-795-0506 US Toll
Join from a video system or application: Dial 28282850217@usdol.webex.com
Growers are always looking for ways to support farm employees who put in tough work hours in the field. In recent years, some growers took the initiative to provide portable, insulated water bottles for individual workers to improve sanitation and access to cool water. This was intended as an alternative to providing a communal water jug in the field. While this intention is good and admirable, and surely appreciated by employees, it does not remove the requirement for that old communal water jug. Let’s take this opportunity to review the OSHA Field Sanitation Standard.
The Occupational Safety and Health Administration (OSHA) established minimum standards for farm field sanitation in 1987. The standard addresses: toilets, drinking water, hand washing facilities, and notification of employees. OSHA’s Fact Sheet #51: Field Sanitation Standards under the Occupational Safety and Health Act contains all the details.
Drinking water. “Covered agricultural employers must provide potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to all employees.” Plenty of drinking water is absolutely necessary for those doing physical labor, especially in warm weather. This regulation call for the employer to provide a large water jug or fountains with cool water and single use cups. Individual water bottles, although very nice, do not meet the standard.
Toilet and handwashing facilities. Employers must provide one toilet and handwashing facility for every 20 employees and within a quarter-mile walk from the worksite or closest vehicle access, if fieldwork will last for more than 3 hours. Handwashing must include water and soap, not just towelettes. Toilets must be kept clean, sanitary, and fully operational.
Notification. Providing water and sanitation is useless if employees don’t know how to access them. Employers are required to notify employees about the facilities and provide reasonable time to access them. Facilities must be provided at no cost to employees.
By Richard Stup, Cornell University. Permission granted to repost, quote, and reprint with author attribution. The post OSHA Field Sanitation Standard Reminder appeared in The Ag Workforce Journal.
The U.S. Department of Labor (USDOL) published a final rule increasing protections for H-2A employees and increasing administrative burdens for employers. New York employers must pay close attention to these new regulations that affect important issues such as: termination of workers, union organizing, and transportation. The new regulations become effective June 28, 2024.
You can read more about the final rule at USDOL Wage and Hour Division’s website: Final Rule: Improving Protections for Workers in Temporary Agriculture Employment in the United States. Particularly helpful is the H-2A Employer’s Guide to the Final Rule.
The following information is from USDOL with details about the June 6*(previously posted as May 23) webinar, including how to connect:
On June 6*, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A program made by the 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar will learn from Office of Foreign Labor Certification, Office of Workforce Investment, and the Wage and Hour Division about the key aspects of this rule such as improving worker voice and empowerment, the immediate effective date of Adverse Effect Wave Rates, clarifying termination for cause, improving transparency of job offer, adding transparency to foreign labor recruitment, improving program integrity and enforcement capabilities, discontinuation of services, and other topics. The Final Rule will become effective June 28, 2024, and OFLC will begin accepting applications subject to the provisions of this rule on August 29, 2024.
The meeting details are below. *Please note – there is an attendee maximum of 1000 and a recording of the presentation will be placed on our website for review at a later date.
June 6, 2024
1:00 PM | (UTC-04:00) Eastern Time (US & Canada) | 1 hr 30 mins
Join from the meeting link:
https://usdol.webex.com/usdol/j.php?MTID=ma26d3026be80383b09fadbfafa063487
Join by meeting number:
Meeting number (access code): 2828 054 0956
Meeting password: H2ARule2024
Join by phone:
1-877-465-7975 US Toll Free
1-210-795-0506 US Toll
Join from a video system or application:
Dial 28280540956@usdol.webex.com
