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< Back to current issue of Immigration Daily

[Federal Register: August 4, 2011 (Volume 76, Number 150)]
[Notices]               
[Page 47251-47256]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au11-106]                         

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

 
Training and Employment Guidance (TEGL) Letter No. 17-06, Change 
1, Special Procedures: Labor Certification Process for Employers in the 
Itinerant Animal Shearing Industry Under the H-2A Program

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Employment and Training Administration (ETA) of the United 
States Department of Labor (Department) is publishing, for public 
information, notice of the issuance and availability of TEGL 17-06, 
Change 1 entitled, Special Procedures: Labor

[[Page 47252]]

Certification Process for Employers in the Itinerant Animal Shearing 
Industry under the H-2A Program, signed on June 14, 2011, by Jane 
Oates, Assistant Secretary for Employment and Training Administration.

FOR FURTHER INFORMATION CONTACT: William L. Carlson, PhD, 
Administrator, Office of Foreign Labor Certification, ETA, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Room C-4312, 
Washington, DC 20210; Telephone (202) 693-3010 (this is not a toll-free 
number). Individuals with hearing or speech impairments may access the 
telephone number above via TTY by calling the toll-free Federal 
Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Special Procedures: Labor Certification Process for Employers in the 
Itinerant Animal Shearing Industry Under the H-2A Program

    1. Purpose. To transmit special procedures, as updated to reflect 
regulatory and administrative changes in the H-2A Program, for 
employers who apply to the Department of Labor (Department) to obtain 
labor certifications to hire temporary agricultural foreign workers in 
occupations involving an itinerary for the shearing of sheep, goats, 
alpacas, or other animals requiring shearing in the United States 
(U.S.).
    2. References.
     20 CFR part 655, subpart B;
     20 CFR part 653, subparts B and F;
     20 CFR part 654, subpart E;
     Paperwork Reduction Act of 1995 (Pub. L. 104-13);
     Training and Employment Guidance Letter (TEGL) No. 17-06, 
Special Procedures for Employers in the Itinerant Animal Shearing 
Industry Under the H-2A Program;
     ETA Handbook No. 385.
    3. Background. In 1986, Congress passed the Immigration Reform and 
Control Act of 1986 (IRCA) which amended the Immigration and 
Nationality Act (INA), 8 U.S.C. 1101 et seq., and established the H-2A 
Program. In 1987 the Department issued an Interim Final Rule, 
promulgating the first H-2A regulations (the 1987 regulations) in 
accordance with IRCA. 54 FR 20496, Jun. 1, 1987. The 1987 regulations 
provided for the administration of the H-2A Program by ETA Regional 
Administrators, and instituted procedures to offset the adverse effects 
of immigration on U.S. workers. The 1987 regulations also established 
special procedures for certain occupations, as long as they did not 
deviate from the Secretary's statutory responsibility to determine U.S. 
worker availability and the adverse effect of foreign workers on the 
wages and working conditions of U.S. workers.
    Due to the unique nature of the itinerant animal shearing industry, 
the Department established special procedures for the processing of H-
2A applications for labor certification of temporary agricultural 
foreign workers. These special procedures were contained most recently 
in the TEGL No. 17-06.
    The 1987 regulations remained in effect, largely unchanged, until 
the Department promulgated new H-2A regulations on December 18, 2008. 
73 FR 77110, Dec. 18, 2008 (the 2008 Final Rule). The 2008 Final Rule 
implemented an attestation-based application process and made several 
substantive changes to the program, but retained the special procedures 
concept. After the Department determined that the 2008 Final Rule did 
not meet H-2A Program policy objectives, the Department commenced 
another rulemaking process culminating in the publication of new H-2A 
regulations on February 12, 2010. 75 FR 6884, Feb. 12, 2010 (the 2010 
Final Rule). The 2010 Final Rule implements changes that affect special 
procedures for the occupations involved in the itinerant animal 
shearing industry. Section 20 CFR 655.102 provides the Office of 
Foreign Labor Certification (OFLC) Administrator with the authority to 
establish, continue, revise or revoke special procedures for processing 
of certain H-2A applications, including those for itinerant animal 
shearing industry, as long as those procedures do not deviate from the 
statutory requirements under the INA.
    This TEGL updates the special procedures previously established for 
occupations involved in itinerant animal shearing to reflect 
organizational changes, in addition to new regulatory and policy 
objectives. It rescinds and replaces previous guidance disseminated 
under TEGL 17-06, Special Procedures for Employers in the Itinerant 
Animal Shearing Industry Under the H-2A Program.
    4. Special Procedures. Attachment A outlines special procedures for 
applications submitted by employers in the itinerant animal shearing 
industry under the H-2A Program. Attachment B outlines standards for 
mobile housing applicable to employers in the itinerant animal shearing 
industry under the H-2A Program. Unless otherwise specified in 
Attachments A and B, applications submitted for these occupations must 
comply with the requirements for processing H-2A applications contained 
at 20 CFR part 655, subpart B. Similarly, unless otherwise specified, 
job orders submitted for these occupations must comply with the 
requirements of 20 CFR parts 655, subpart B, 653, subparts B and F, and 
654.
    5. Effective Date. This guidance applies to all temporary labor 
certification applications for occupations in itinerant animal shearing 
in the H-2A Program with a start date of need on or after October 1, 
2011.
    6. Action. The Chicago National Processing Center (Chicago NPC) 
Program Director and State Workforce Agency (SWA) Administrators are 
directed to immediately provide copies of these special procedures to 
all staff involved in processing H-2A labor certification applications 
from employers in the itinerant animal shearing industry. The revised 
special procedures will apply to all employer applications with a start 
date of need on or after October 1, 2011.
    7. Inquiries. Questions from the Public should be directed to the 
local SWA. Questions from SWA staff should be directed to the Chicago 
NPC. Questions from the Chicago NPC staff should be directed to the 
OFLC National Office.
    8. Attachment.
    Attachment A: Special Procedures: Labor Certification Process for 
Applications in the Itinerant Animal Shearing Industry under the H-2A 
Program. See full text below.
    Attachment B: Standards for Mobile Housing Applicable to 
Occupations in the Itinerant Animal Shearing Industry. See full text 
below.

Attachment A: Special Procedures: Labor Certification Process for 
Applications in the Itinerant Animal Shearing Industry Under the H-2A 
Program

    This document outlines special procedures for applications 
submitted by employers in the itinerant animal shearing industry under 
the H-2A Program. Unless otherwise specified in this attachment, 
applications submitted for shearing occupations must comply with the 
requirements for processing H-2A applications outlined in 20 CFR part 
655, subpart B. Similarly, unless otherwise specified, job orders 
submitted for shearing occupations must comply with the requirements of 
20 CFR parts 655, subpart B, 653, subparts B and F, and 654.

I. Prefiling Procedures

    A. Offered Wage Rate (20 CFR 655.120(a)). An employer must offer, 
advertise in the course of its

[[Page 47253]]

recruitment, and pay a wage that is the highest of the Adverse Effect 
Wage Rate (AEWR), the prevailing hourly or piece rate, the agreed-upon 
collective bargaining wage, or the Federal or State minimum wage, in 
effect at the time the itinerant animal shearing services are performed 
and for each State listed in an approved itinerary. In establishing 
agricultural prevailing piece rates for itinerant animal shearing 
activities, the Department continues to use findings from prevailing 
wage surveys conducted by SWAs in accordance with the procedures in the 
ETA Handbook No. 385. SWAs are required to transmit piece rate findings 
covering itinerant animal shearing activities to the OFLC between May 
1st and June 1st of each calendar year. Following a review of the SWA-
reported piece rate findings, the OFLC will publish the new 
agricultural prevailing piece rates in a Federal Register notice with 
an immediate effective date.
    In circumstances where a SWA is unable to produce a piece rate 
finding for an occupation, due to an inadequate sample size or another 
valid reason, the wage setting procedures allow the OFLC to continue to 
issue a prevailing piece rate for that State based on the piece rate 
findings submitted by an adjoining or proximate SWA for the same or 
similar agricultural activities.
    If the OFLC cannot establish a prevailing wage rate by using 
comparable survey data from an adjoining or proximate SWA, the OFLC 
will give consideration to aggregating survey data from the itinerant 
sheep shearing activities across States to create regional prevailing 
piece rates. When regional prevailing wages are considered, the OFLC 
may use the U.S. Department of Agriculture's (USDA) production or farm 
resource regions or other groupings of States used to conduct the USDA 
Farm Labor Survey.
    B. Job Orders and SWA Review (20 CFR 655.121). An employer engaged 
in animal shearing activities is allowed to submit a single 
Agricultural and Food Processing Clearance Order, ETA Form 790 (job 
order), Office of Management and Budget (OMB) 1205-0134, and all 
appropriate attachments covering a planned itinerary of work in 
multiple States. If the job opportunity is located in more than one 
State, either within the same area of intended employment or multiple 
areas of intended employment, the employer must submit the job order 
and all attachments (including a detailed itinerary) to the SWA having 
jurisdiction over the anticipated worksite(s) where the work is 
expected to begin. The employer must submit the job order no more than 
75 calendar days and no less than 60 calendar days before the 
employer's first date of need.
    Unless otherwise specified in these special procedures, the job 
order submitted to the SWA must satisfy the requirements for 
agricultural clearance orders outlined in 20 CFR part 653, subpart F 
and the requirements set forth in 20 CFR 655.122. The SWA will review 
the job order for regulatory compliance and will work with the employer 
to address any noted deficiencies. Upon its clearance of the job order, 
the SWA must promptly place the job order in intrastate clearance and 
commence recruitment of U.S. workers.
    The job order shall remain active until 50 percent of the work 
contract period has elapsed for all SWAs in possession of the 
employer's job order (including those receiving in interstate clearance 
under 20 CFR 655.150), unless otherwise advised by the Chicago NPC.
    C. Contents of Job Offers (20 CFR 655.122). Unless otherwise 
specified in this section, the content of job orders submitted to the 
SWAs and the Chicago NPC for animal shearing activities must comply 
with all of the requirements of 20 CFR parts 655, subpart B, 653, 
subparts B and F, and 654.
    1. Job qualifications and requirements.
    Experience. Due to the unique nature of the work to be performed, 
the job offer may specify that applicants possess up to 6 months of 
experience as a shearer covering multiple seasons and may require 
reference(s) to verify the experience performing these activities. 
Applicants must provide the name, address, and telephone number of any 
previous employer being used as a reference. Except as provided below, 
the appropriateness of any other experience requirements must be 
substantiated by the employer and approved by the Chicago NPC.
    Shearing Method. An employer may require that the workers perform 
the ``Australian'' or ``free-style'' method of shearing as a lawful, 
job-related requirement. A U.S. worker who otherwise qualifies for the 
job but whose experience has been limited to shearing using the 
``tying'' method must be afforded a specified break-in period, which 
may not be any fewer than 5 working days, to improve his/her 
performance and adapt to the ``free-style'' method.
    Completion of Itinerary. An animal shearing employer may require in 
its job offer that an applicant for the job must be available to work 
for the remainder of the entire animal shearing itinerary. An applicant 
referred to the employer after the labor certification has been 
granted, but before 50 percent of the work contract period for the 
entire itinerary has elapsed, must be available and willing to join the 
crew at whatever place the crew is located at the time and remain with 
the crew for the duration of the animal shearing itinerary.
    2. Housing. The employer must state in its job offer that 
sufficient housing will be provided at no cost to H-2A workers and any 
workers in corresponding employment who are not reasonably able to 
return to their residence within the same day. Except for long-
established standards for mobile housing in Attachment B, all employer-
provided housing must comply with requirements set out in 20 CFR 
655.122(d) for the entire period of occupancy. An animal shearing 
employer whose itinerary requires mobile housing may provide mobile 
housing to its workers.
    3. Workers' compensation. The employer must provide workers' 
compensation insurance coverage, as described in 20 CFR 655.122(e), in 
all States where shearing work will be performed. Prior to the issuance 
of the Temporary Labor Certification, the employer must provide the 
Certifying Officer (CO) with proof of workers' compensation coverage, 
including the name of the insurance carrier, the insurance policy 
number, and proof of insurance for the dates of need, or if 
appropriate, proof of State law coverage for each State where the 
animal shearing work will be performed. In the event that the current 
coverage will expire before the end of the certified work contract 
period or the insurance statement does not include all of the 
information required under the regulations at 20 CFR 655.122(e), the 
employer will be required to supplement its proof of workers' 
compensation for that State before a final determination is due. Where 
the employer's coverage will expire before the end of the certified 
work contract period, the employer may submit as proof of renewed 
coverage a signed and dated statement or letter showing proof of intent 
to renew and maintain coverage for the dates of need. The employer must 
maintain evidence that its workers' compensation was renewed, in the 
event the Department requests it.
    4. Employer-provided items. An employer in the H-2A Program must 
provide to the worker, without charge or deposit charge, all tools, 
supplies, and equipment required to perform the duties assigned. The 
Department's regulations have previously recognized that the wage rates 
prevailing in the animal shearing industry reflect a historical and 
common practice of employees providing their own tools.

[[Page 47254]]

Employers were permitted, upon prior approval by the Department, to 
require that workers provide their own tools. Alternatively, employers 
who did provide tools to the workers were permitted to apply a wage 
differential of $ 0.05 per animal shorn to the required wage. However, 
after the enactment of the 2010 Final Rule, an animal shearing employer 
may no longer require that employees provide their own tools. In 
addition, an animal shearing employer may no longer deduct from an 
employee's pay the cost of any item that is an employer's business 
expense where doing so would reduce the employee's wages below the 
required wage rate, consistent with 20 CFR 655.120(a) and 655.122(f) 
and (p).
    5. Due to the remote and unique nature of the work to be performed, 
the employer must also specify in the job order, and provide at no cost 
to workers, an effective means of communicating with persons capable of 
responding to the worker's needs in case of an emergency. These means 
are necessary to perform the work and can include, but are not limited 
to, satellite phones, cell phones, wireless devices, radio 
transmitters, or other types of electronic communication systems.
    6. Rates of pay. If paying by the piece rate, the animal shearing 
employer must specify in the job order the established piece rates 
(i.e., rate of pay per head sheared) for each State where shearing will 
be performed and that is no less than the piece rate prevailing for the 
activity in the area of intended employment.
    If the worker is paid on a piece rate basis, the worker's pay must 
be supplemented if at the end of the pay period the piece rate does not 
result in average hourly rate earnings at least equal to the amount the 
worker would have earned had the worker been paid at the highest of the 
AEWR, the prevailing hourly wage rate, the agreed-upon collective 
bargaining wage, or the Federal or State minimum wage, in effect at the 
time and in the State where shearing work was performed.
    Productivity Standards. Where an employer pays a piece rate and 
requires that workers meet a minimum productivity standard in order to 
retain employment, that productivity standard must be specified in the 
job offer and must be consistent with 20 CFR 655.122(l)(2)(iii). The 
SWA and/or Chicago NPC will review the employer's minimum production 
requirements and may request additional documentation to substantiate 
the appropriateness of any requirement prior to approving the 
application.

II. Application for Temporary Employment Certification Filing 
Procedures

    A. Application Filing Requirements (20 CFR 655.130). An individual 
employer that desires to apply for temporary employment certification 
for one or more nonimmigrant workers must file the following 
documentation with the Chicago NPC no less than 45 calendar days before 
the employer's date of need:
     ETA Form 9142 (OMB 1205-0466), Application for Temporary 
Employment Certification, and Appendix A.2;
     Copy of the ETA Form 790 and all attachments previously 
submitted to the SWA;
     An itinerary listing the names and contact information of 
all employers and identifying, with as much geographic specificity as 
possible for each farmer/rancher, all of the physical locations and 
estimated start and end dates of need where work will be performed; and
     All other required documentation supporting the 
application.
    B. H-2A Labor Contractor (H-2ALC) Filing Requirements (20 CFR 
655.132). The Department is granting a special variance to the 
application filing procedures for H-2ALCs contained at 20 CFR 
655.132(a). Specifically, an employer engaged in animal shearing 
activities is authorized to file an Application for Temporary 
Employment Certification covering one or more areas of intended 
employment based on a definite itinerary. An itinerant animal shearing 
employer who desires to employ one or more nonimmigrant workers on an 
itinerary to provide itinerant animal shearing services to fixed-site 
farmers/ranchers is, by definition, an H-2ALC. Therefore, the itinerant 
animal shearing labor contractor must identify itself as the employer 
of record on the ETA Form 9142 by completing Section C and marking item 
C.17 as ``H-2A Labor Contractor,'' and submitting, in addition to the 
documentation required under 20 CFR 655.130, all other required 
documentation supporting an H-2ALC application. The only special 
variance to the requirements at 20 CFR 655.132(b) is the recognized 
exemption of sheep shearing activities from the requirements of the 
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 
U.S.C. 1801, 1803 (a)(3)(E) et seq.).

III. Post-Acceptance Requirements

    A. Additional Positive Recruitment (20 CFR 655.154). An animal 
shearing employer will be required to conduct positive recruitment 
within a multistate region of traditional or expected labor supply 
where the Chicago NPC finds that there are a significant number of 
qualified U.S. workers who, if recruited, would be willing to make 
themselves available for work at the time and place needed.
    Based on long standing practice, one primary source of domestic 
workers for animal shearing has traditionally been the labor 
organization that represents sheep shearers, the Sheep Shearers Union 
of North America. Therefore, when the Chicago NPC issues a Notice of 
Acceptance, the employer will receive instructions to contact the Sheep 
Shearers Union of North America. In accordance with 20 CFR 655.154(d), 
the CO will specify the documentation or other supporting evidence that 
must be maintained by the employer as proof that this positive 
recruitment requirement was met.

Attachment B: Standards for Mobile Housing Applicable to Occupations in 
the Itinerant Animal Shearing Industry

I. Procedures

    Occupations involving itinerant animal shearing generally require 
workers to live in remote housing of a mobile nature, rather than ``a 
fixed-site farm, ranch or similar establishment.'' This type of housing 
is typically referred to as mobile housing. For purposes of these 
procedures, mobile housing is any housing that is capable of being 
moved from one area on the open range to another. The employer must 
provide housing at no cost to the H-2A workers and those workers in 
corresponding employment who are not reasonably able to return to their 
residence within the same day.
    Where housing for work performed on the range is provided, the 
regulations at 20 CFR 655.122(d)(2) require that such housing meet 
standards of the DOL Occupational Safety and Health Administration 
(OSHA). In the absence of such standards, range housing must meet 
guidelines issued by OFLC. Due to the fact that OSHA standards 
currently do not cover mobile housing, Section II of this attachment 
establishes the standards for determining the adequacy of employer-
provided mobile housing for use on the range. However, any other type 
of housing, used by an employer to house the workers engaged in 
itinerant animal shearing activities, must meet the standards 
applicable to such housing under 20 CFR 655.122(d).
    Both mobile housing and fixed-site farm or ranch housing may be 
self-certified by an employer. Employers must submit a signed statement 
to the

[[Page 47255]]

SWA and the Chicago NPC with the application for labor certification 
assuring that the housing is available, sufficient to accommodate the 
number of workers being requested, and meets all applicable standards.
    SWAs must develop and implement a schedule which ensures that each 
employer's self-certified housing is inspected no less frequently than 
at least once every 3 years. These inspections may be performed either 
before or after a request is submitted for nonimmigrant workers on the 
open range. Before referring a worker who is entitled to such housing, 
the SWA office must ensure that the housing is available and has been 
inspected in accordance with the inspection schedule. If the SWA 
determines that an employer's housing cannot be inspected in accordance 
with the inspection schedule or, when it is inspected, does not meet 
all the applicable standards, the Chicago NPC may deny the H-2A 
application in full or in part or require additional inspections in 
order to satisfy the regulatory requirement.
    An animal shearing contractor may lease a mobile unit owned by a 
crew member or other person or make some other type of ``allowance'' to 
the owner. Neither the SWA nor Chicago NPC should be involved in 
establishing or negotiating the amount an employer offers to provide to 
a worker or other person who owns a mobile unit and desires to lease it 
to the employer. The employer may not accept the use of a housing unit 
owned by a worker without remuneration, and the compensation provided 
to the owner must be reasonable and consistent with leasing rates 
normally applicable to such units. Further, nothing in this paragraph 
alters the employer's obligation under 20 CFR 655.122 to provide 
housing at no cost to the H-2A workers and those workers in 
corresponding employment who are not reasonably able to return to their 
residence within the same day, nor the employer's obligation to pay the 
workers' wages free and clear.
    In addition, if the employer represents such mobile unit as 
``housing or lodging provided by the employer'', the employer 
``controls'' the mobile unit and is subject to ensuring that the 
housing unit complies with the applicable mobile housing standards for 
such housing. In addition, the employer is subject to the SWA 
inspection schedule for such a unit.

II. Mobile Housing Standards

    An employer may use a mobile unit, camper, or other similar mobile 
vehicle for housing workers that meets the following standards:
A. Housing Site
    Mobile housing sites shall be well drained and free from 
depressions in which water may stagnate.
 B. Water Supply
    1. An adequate and convenient supply of water that meets standards 
of the State health authority shall be provided. The amount of water 
provided must be enough for normal drinking, cooking, and bathing needs 
of each worker; and
    2. Individual drinking cups shall be provided.
 C. Excreta and Liquid Waste Disposal
    1. Facilities shall be provided and maintained for effective 
disposal of excreta and liquid waste in accordance with requirements of 
the State health authority or involved Federal agency; and
    2. If pits are used for disposal by burying of excreta and liquid 
waste, they shall be kept fly-tight when not filled in completely after 
each use. The maintenance of disposal pits must be in accordance with 
State and local health and sanitation requirements.
 D. Housing Structure
    1. Housing shall be structurally sound, in good repair, in sanitary 
condition and shall provide protection to occupants against the 
elements;
    2. Housing, other than tents, shall have flooring constructed of 
rigid materials easy to clean and so located as to prevent ground and 
surface water from entering;
    3. Each housing unit shall have at least one window which can be 
opened or skylight opening directly to the outdoors; and
    4. Tents may be used where terrain and/or land regulations do not 
permit use of other more substantial mobile housing which provides 
facilities and protection closer in conformance with the Department's 
intent.
 E. Heating
    1. Where the climate in which the housing will be used is such that 
the safety and health of a worker requires heated living quarters, all 
such quarters shall have properly installed operable heating equipment 
which supplies adequate heat. In considering whether the heating 
equipment is acceptable, the Chicago NPC shall first determine if the 
housing will be located in a National Forest Wilderness Section as 
specified in the Wilderness Act (16 U.S.C. 1131-1136). Such a location 
has a bearing on the type of equipment practicable, and whether any 
heavy equipment can be used. For example, the Wilderness Act (16 U.S.C. 
1133(c)) restricts certain motorized or mechanical transport on certain 
roads in wilderness areas. The U.S. Forest Service has regulations for 
this at 36 CFR part 293. Aside from the above, other factors to 
consider in evaluating heating equipment are the severity of the 
weather and the types of protective clothing and bedding made available 
to the worker. If the climate in which the housing will be used is mild 
and not reasonably expected to drop below 50 degrees Fahrenheit 
continuously for 24 hours, no separate heating equipment is required if 
proper protective clothing and bedding are made available;
    2. Any stoves or other sources of heat using combustible fuel shall 
be installed and vented in such a manner as to prevent fire hazards and 
a dangerous concentration of gases. Portable electrical heaters may be 
used, and if approved by Underwriters' Laboratory, kerosene heaters may 
be used according to manufacturer's instructions. If a solid or liquid 
fuel stove is used in a room with wooden or other combustible flooring, 
there shall be a concrete slab, insulated metal sheet, or other 
fireproof material on the floor under each stove, extending at least 18 
inches beyond the perimeter of the base of the stove;
    3. Any wall or ceiling within 18 inches of a solid or liquid fuel 
stove or stove pipe shall be made of fireproof material. A vented metal 
collar shall be installed around a stovepipe or vent passing through a 
wall, ceiling, floor or roof; and
    4. When a heating system has automatic controls, the controls shall 
be of the type which cuts off the fuel supply when the flame fails or 
is interrupted or whenever a predetermined safe temperature or pressure 
is exceeded.
 F. Lighting
    1. In areas where it is not feasible to provide electrical service 
to mobile housing, including tents, lanterns shall be provided 
(kerosene wick lights meet the definition of lantern); and
    2. Lanterns, where used, shall be provided in a minimum ratio of 
one per occupant of each unit, including tents.
 G. Bathing, Laundry and Hand Washing
    Movable bathing, laundry and hand washing facilities shall be 
provided when it is not feasible to provide hot and cold water under 
pressure.

[[Page 47256]]

H. Food Storage
    When mechanical refrigeration of food is not feasible, the worker 
must be provided with another means of keeping food fresh and 
preventing spoilage, such as a butane or propane gas refrigerator. 
Other proven methods of safeguarding fresh foods, such as salting, are 
acceptable.
 I. Cooking and Eating Facilities
    1. When workers or their families are permitted or required to cook 
in their individual unit, a space shall be provided with adequate 
lighting and ventilation; and
    2. Wall surfaces next to all food preparation and cooking areas 
shall be of nonabsorbent, easy to clean material. Wall surfaces next to 
cooking areas shall be of fire-resistant material.
J. Garbage and Other Refuse
    1. Durable, fly-tight, clean containers shall be provided to each 
housing unit, including tents, for storing garbage and other refuse; 
and
    2. Provision shall be made for collecting or burying refuse, which 
includes garbage, at least twice a week or more often if necessary. 
Refuse disposal shall conform to Federal, State, or local law, 
whichever applies.
 K. Insect and Rodent Control
    Appropriate materials, including sprays, must be provided to aid 
housing occupants in combating insects, rodents and other vermin.
 L. Sleeping Facilities
    A separate sleeping unit shall be provided for each person, except 
in a family arrangement. Such a unit shall include a comfortable bed, 
cot, or bunk with a clean mattress. When filing an application for 
certification and only where it is demonstrated to the CO that is 
impractical to set up a second sleeping unit, the employer may request 
a variance from the separate sleeping unit requirement to allow for a 
second worker to temporarily join the shearing operation. The second 
worker may be temporarily housed in the same sleeping unit for no more 
than three consecutive days and the employer must supply a sleeping bag 
or bed roll free of charge.
M. Fire, Safety and First Aid
    1. All units in which people sleep or eat shall be constructed and 
maintained according to applicable State or local fire and safety law;
    2. No flammable or volatile liquid or materials shall be stored in 
or next to rooms used for living purposes, except for those needed for 
current household use;
    3. Mobile housing units for range use must have a second means of 
escape. One of the two required means of escape must be a window which 
can be easily opened, a hatch, or other provision. It must be 
demonstrated that the custom combine worker would be able to crawl 
through the second exit without difficulty;
    4. Tents are not required to have a second means of escape, except 
when large tents with walls of rigid material are used. A heater may be 
used in a tent if the heater is approved by a testing service, such as 
Underwriters' Laboratory, and if the tent is fireproof; and
    5. Adequate fire extinguishers in good working condition and first 
aid kits shall be provided in the mobile housing.

    Signed in Washington, DC, this 29th day of July 2011.
Jane Oates,
Assistant Secretary for Employment and Training Administration.
[FR Doc. 2011-19753 Filed 8-3-11; 8:45 am]
BILLING CODE 4510-FP-P



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