Thomas Sachs
Extension Associate, Farm Labor Relations
Francisco Espinoza
Program Assistant, Farm Labor Relations
Ohio State University Extension
Robert Fleming
District Specialist, Farm Management
Typically, farm employers, food processors, or farm labor contractors who employ seasonal migrant workers will operate licensed agricultural labor camps. Because these workers are migrants, farm employers have recognized the need to construct, license, and operate a labor camp to ensure an adequate and timely labor supply.
State of Ohio Standard An agricultural labor camp is defined as one or more buildings, trailers, tents, or vehicles (and attached real estate) that is operated or used as temporary living quarters for two or more families or five or more persons intending to engage in or engaged in agriculture or related food processing, whether occupancy is by rent, lease, or mutual agreement. An agricultural labor camp does not include a hotel, a motel, or a trailer park.
Federal Standard Housing one or more migrant workers requires compliance with either the Department of Labor's (DOL) Employment and Training Administration's (ETA) standards or DOL's Occupational Safety and Health Administration's (OSHA) standards.
A migrant agricultural worker means an individual who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his/her permanent place of residence.
State Regulations Agricultural labor camps are regulated by the Ohio Department of Health under the authority of Section 3733 of the Ohio Revised Code (ORC). The rules the ODH follows for enforcement are in Chapter 3701-33 of the Ohio Administrative Code (OAC).
Federal Regulations The DOL's ETA standards are established under the Code of Federal Regulations (CFR) - 20 CFR 654.404 et seq. The DOL's OSHA housing standards basis: Standards - 29 CFR, Temporary Labor Camps - 1910.142.
State Regulations (OAC Chapter 3701-33)
The Ohio Department of Health (ODH) is the state of Ohio agency responsible for:
State Regulations (OAC Chapters 3745 and 6111)
The Ohio Environmental Protection Agency (OEPA) rules cover both the migrant labor camp drinking-water system and the sewage-disposal system. After plan review of new facilities, OEPA issues a Permit to Install and issues licenses for camp water supplies.
Federal Regulations (20 CFR 654.404 or 29 CFR, Temporary Labor Camps-1910.142)
The U.S. DOL's Wage and Hour Division1 is responsible for inspecting and enforcing the ETA or OSHA standards for migrant labor camps. ETA standards will be followed for housing built prior to April 3, 1980. OSHA standards will be utilized for housing built after that date.
Prior to any new construction or extensive remodeling, operators must submit a site diagram and floor plans with sufficient details to document compliance with the rules. A checklist and the rules are available. ODH rules and plan review cover safety and sanitary design elements such as housing site; house design; screening; heating; electricity and lighting; toilet facilities; bathing, laundry, and handwashing facilities; cooking and eating facilities; refuse disposal; insect and rodent control; sleeping facilities; fire, safety, and first aid.
Ohio EPA plan approval is required by ODH licensing rules for both the drinking-water and the sewage-disposal systems.
The ODH license for all licensed camps expires on Dec. 31. All migrant labor camps must be re-licensed annually prior to occupancy.
Each labor camp operator must:
At the final inspection, the camp must comply with all the rules provisions in OAC Chapter 3701-33 before a license can be issued.
If a copy of the safe water sample is not available, a recommendation of licensure will be issued pending receipt of a safe water sample report.
Once all documentation is in order, ODH will then issue the Agricultural Migrant Labor Camp License.
Prior to occupancy, each labor camp operator must renew the labor camp's Ohio EPA "License to Operate or Maintain a Public Water System." This license expires annually on Jan. 30. This renewal is usually done in December or early January.
Special note on federal standards: The ETA or OSHA does not issue a license to operate a migrant labor camp. DOL's Wage and Hour Division will conduct inspections of labor camps upon request of workers or during routine enforcement procedures. Noted violations must be corrected within a specified time period.
The labor camp operator has various responsibilities while the labor camp is actively occupied:
A safe (negative) total coliform sample result must be submitted to the Ohio EPA within each calendar quarter the labor camp is occupied. As an example, if the labor camp is occupied from May through October, a total of three safe water samples must be submitted (April through June; July through September; October through December).
The OEPA requires submission of safe drinking water samples for both nitrates and nitrites. Nitrates must be tested annually, while nitrites are tested every three years. This schedule is determined by the OEPA.
ODH sanitarians will conduct unscheduled daytime and evening bi-lingual inspections during the season to monitor compliance with regulations. Noted violations must be corrected within re-inspection time limits.
The Migrant Housing Labor Camp Improvement Program competitively awards grants of up to $50,000 matching funds to owners and operators of existing and proposed agricultural labor camps. Program funds can be used for housing and infrastructure improvements. Camps must be licensed by ODH.
To apply, owners/operators must provide evidence of site control and plan to remain in business for three years.
For more information on the Migrant Housing Labor Camp Improvements Program, contact the Office of Housing and Community Partnerships at 614-466-2285.
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Ohio Department of Health
246 North High Street Columbus, OH 43266-0118 614-466-1390
Ohio EPA Division of Drinking and Ground Waters
Ohio Department of Development (ODOD)
WSOS Community Action Commission, Inc.
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OSHA and ETA Information and Enforcement
General Housing Information
The purpose of this publication is to provide accurate information on the subject matter. In providing this information, the author and The Ohio State University do not intend to offer legal or other professional services. The reader should seek to engage the appropriate government personnel to proceed with proper procedures.
OSU Extension, Farm Labor Relations Robert Fleming |
This material is based upon work supported by the Cooperative State Research, Education, and Extension Service, U.S. Department of Agriculture, under special project number 95-EXCA-1- 0401.
1 This federal agency is part of the U.S. Department of Labor, Employment Standards Administration (ESA).
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Keith L. Smith, Associate Vice President for Ag. Adm. and Director, OSU Extension.
TDD No. 800-589-8292 (Ohio only) or 614-292-1868