29 U.S.C. § 1823 — Safety and health of housing

Page 750 TITLE 29—LABOR § 1823 (c) Violation of terms of working arrangement No farm labor contractor, agricultural em- ployer, or agricultural association shall, with- out justification, violate the terms of any work- ing arrangement made by that contractor, em- ployer, or association with any migrant agricul- tural worker. (Pub. L. 97–470, title II, § 202, Jan. 14, 1983, 96 Stat. 2591.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. § 1823. Safety and health of housing (a) Compliance with substantive Federal and State safety and health standards Except as provided in subsection (c), each per- son who owns or controls a facility or real prop- erty which is used as housing for migrant agri- cultural workers shall be responsible for ensur- ing that the facility or real property complies with substantive Federal and State safety and health standards applicable to that housing. (b) Certification that applicable safety and health standards met; posting of certificate of occupancy; retention of certificate and availability for inspection and review; occu- pancy prior to inspection (1) Except as provided in subsection (c) and paragraph (2) of this subsection, no facility or real property may be occupied by any migrant agricultural worker unless either a State or local health authority or other appropriate agency has certified that the facility or prop- erty meets applicable safety and health stand- ards. No person who owns or controls any such facility or property shall permit it to be occu- pied by any migrant agricultural worker unless a copy of the certification of occupancy is post- ed at the site. The receipt and posting of a cer- tificate of occupancy does not relieve any person of responsibilities under subsection (a). Each such person shall retain the original certifi- cation for three years and shall make it avail- able for inspection and review in accordance with section 1862 of this title. (2) Notwithstanding paragraph (1) of this sub- section, if a request for the inspection of a facil- ity or real property is made to the appropriate State or local agency at least forty-five days prior to the date on which it is occupied by mi- grant agricultural workers and such agency has not conducted an inspection by such date, the facility or property may be so occupied. (c) Applicability to providers of housing on a commercial basis to the general public This section does not apply to any person who, in the ordinary course of that person’s business, regularly provides housing on a commercial basis to the general public and who provides housing to migrant agricultural workers of the same character and on the same or comparable terms and conditions as is provided to the gen- eral public. (Pub. L. 97–470, title II, § 203, Jan. 14, 1983, 96 Stat. 2591.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. SUBCHAPTER III—SEASONAL AGRICULTURAL WORKER PROTECTIONS § 1831. Information and recordkeeping require- ments (a) Written disclosure requirements imposed upon recruiters (1) Each farm labor contractor, agricultural employer, and agricultural association which re- cruits any seasonal agricultural worker (other than day-haul workers described in section 1802(10)(A)(ii) of this title) shall ascertain and, upon request, disclose in writing the following information when an offer of employment is made to such worker: (A) the place of employment; (B) the wage rates to be paid; (C) the crops and kinds of activities on which the worker may be employed; (D) the period of employment; (E) the transportation and any other em- ployee benefit to be provided, if any, and any costs to be charged for each of them; (F) the existence of any strike or other con- certed work stoppage, slowdown, or interrup- tion of operations by employees at the place of employment; (G) the existence of any arrangements with any owner or agent of any establishment in the area of employment under which the farm labor contractor, the agricultural employer, or the agricultural association is to receive a commission or any other benefit resulting from any sales by such establishment to the workers; and (H) whether State workers’ compensation in- surance is provided, and, if so, the name of the State workers’ compensation insurance car- rier, the name of the policyholder of such in- surance, the name and the telephone number of each person who must be notified of an in- jury or death, and the time period within which such notice must be given. Compliance with the disclosure requirement of subparagraph (H) may be met if such worker is given, upon request, a photocopy of any notice regarding workers’ compensation insurance re- quired by law of the State in which such worker is employed. (2) Each farm labor contractor, agricultural employer, and agricultural association which re- cruits seasonal agricultural workers through use of a day-haul operation described in section 1802(10)(A)(ii) of this title shall ascertain and disclose in writing to the worker at the place of recruitment the information described in para- graph (1). (b) Posting requirements imposed upon employ- ers Each farm labor contractor, agricultural em- ployer, and agricultural association which em- ploys any seasonal agricultural worker shall, at the place of employment, post in a conspicuous