DWD 301.07(17)(d)5. 5. Dishes and utensils shall be of nontarnishable materials, free from cracks and easily cleaned.
DWD 301.07(17)(d)6. 6. Cooking utensils shall be stored on racks or suspended on hooks at least 12 inches above the floor.
DWD 301.07(17)(d)7. 7. The kitchen and dining room shall be swept daily, preferably with sweeping compound to lay the dust.
DWD 301.07(17)(d)8. 8. The kitchen and dining room shall be scrubbed with hot soap suds or suitable detergent at least once a week and preferably more often during a rainy period.
DWD 301.07(17)(d)9. 9. Dining tables shall be washed with soap or suitable detergent and water after each meal.
DWD 301.07(17)(d)10. 10. Handwashing facilities shall be provided in kitchens and shall include hot and cold water under pressure, soap and individual toweling for use by kitchen personnel only.
DWD 301.07(17)(d)11. 11. Cooks and all food handlers shall be clean and wear clean clothing.
DWD 301.07(17)(d)12. 12. A sink with ample facilities for providing hot and cold water under pressure shall be provided for washing dishes and kitchen utensils.
DWD 301.07(17)(d)13. 13. All dishes and utensils shall be thoroughly scraped and shall be washed and scalded or disinfected.
DWD 301.07(17)(d)14. 14. All dishes and utensils shall be air dried.
DWD 301.07(17)(d)15. 15. All milk used shall either be adequately pasteurized, evaporated or powdered.
DWD 301.07(17)(d)16. 16. Perishable foods such as meats, milk, butter, eggs and salads shall be kept under refrigeration not to exceed 40°F.
DWD 301.07(17)(d)17. 17. Refrigerators shall be thoroughly washed with hot water and soap or suitable detergents at least once a week.
DWD 301.07(17)(d)18. 18. Nonperishable foods shall be stored in clean and rodent proof containers elevated above the floor.
DWD 301.07(17)(d)19. 19. The wall surface adjacent to cooking areas shall be of fire-resistant material and shall comply with chs. SPS 361 to 365, Wisconsin Commercial Building Code.
DWD 301.07(18) (18)Garbage and other refuse.
DWD 301.07(18)(a)(a) Durable, fly tight, clean containers in good condition of a minimum capacity of 20 gallons, shall be provided adjacent to each housing unit for the storage of garbage and other refuse.
DWD 301.07(18)(b) (b) Refuse containers shall be provided in a minimum ratio of 1 per 10 persons.
DWD 301.07(18)(c) (c) Refuse shall be collected at least twice a week, or more often if necessary.
DWD 301.07(18)(d) (d) The disposal of refuse, which includes garbage, shall be in accordance with state and local law.
DWD 301.07(19) (19)Insect and rodent control. Housing and facilities shall be free of insects, rodents and other vermin.
DWD 301.07(20) (20)Sleeping facilities.
DWD 301.07(20)(a)(a) Sleeping facilities shall be provided for each person.
DWD 301.07(20)(b) (b) Sleeping facilities shall consist of comfortable beds or bunks, and shall be provided with clean mattresses covered with a sanitized, waterproof material.
DWD 301.07(20)(c) (c) Any bedding provided by the camp operator shall be clean and sanitary.
DWD 301.07(20)(d) (d) Sleeping facilities may not contain triple deck bunks.
DWD 301.07(20)(e) (e) The clear space above the top of the lower mattress of a double deck bunk and the bottom of the upper deck shall be a minimum of 27 inches.
DWD 301.07(20)(f) (f) The distance from the top of the upper mattress to the ceiling shall be a minimum of 36 inches.
DWD 301.07(20)(g) (g) Sleeping facilities may not contain beds used for double occupancy except in family accommodations.
DWD 301.07(21) (21)Fire, safety and first aid.
DWD 301.07(21)(a)(a) All buildings shall be constructed and maintained in accordance with applicable state or local fire and safety laws.
DWD 301.07(21)(b) (b) Any family housing and housing units for less than 10 persons, of one story construction, shall have 2 means of escape.
DWD 301.07(21)(c) (c) One of the 2 required means of escape may be a readily accessible window with space of not less than 24 x 24 inches which may be opened.
DWD 301.07(21)(d) (d) All sleeping quarters intended for use by 10 or more persons, central dining facilities and common assembly rooms shall have at least 2 doors remotely separated so as to provide alternate means of escape to the outside or to an interior hall.
DWD 301.07(21)(e) (e) Sleeping and common use rooms located on or above the second story shall comply with the state and local fire and building codes relative to multi-story dwellings except that:
DWD 301.07(21)(e)1. 1. On two-story buildings a modified class `A' fire escape constructed of wood may be provided as a second exit serving not more than 8 persons.
DWD 301.07(21)(e)2. 2. The fire escape and its connectors shall be capable of supporting 100 pounds per square foot and shall be fastened to the building by through bolts (at least 7/8 inch diameter and nut and washer (at least 4 inch diameter).
DWD 301.07(21)(em)1.1. Except as provided in subd. 3., a migrant camp operator shall install portable smoke detectors in all of the following locations:
DWD 301.07(21)(em)1.a. a. In each sleeping area of each housing unit or elsewhere in the unit within 6 feet of the doorway of each sleeping area and not in a kitchen.
DWD 301.07(21)(em)1.b. b. In the basement of each housing unit.
DWD 301.07(21)(em)1.c. c. At the head of any stairway on each floor level of each housing unit.
DWD 301.07(21)(em)2. 2. Each portable smoke detector shall be installed no closer than 3 to 12 inches from the ceiling, except a camp operator may follow a manufacturer's recommendation on the installation of a particular smoke detector in a different location if the camp operator provides the department's migrant labor inspector with proof of the manufacturer's installation recommendation at the time of the camp inspection.
DWD 301.07(21)(em)3. 3. This paragraph does not apply to buildings with permanently wired smoke detectors installed by a professional electrician at the time of construction.
DWD 301.07(21)(em)4. 4. A smoke detector required under this paragraph shall be approved by underwriters laboratory.
DWD 301.07(21)(f) (f) Exit lights and signs shall be provided in accordance with chs. SPS 361 to 365, Wisconsin Commercial Building Code.
DWD 301.07(21)(g) (g) Fire extinguishing equipment shall be provided in a readily accessible place located not more than 100 feet from each housing unit.
DWD 301.07(21)(h) (h) Fire extinguishing equipment shall provide protection equal to a 21/2gallon stored pressure or 5 gallon pump type water extinguisher.
DWD 301.07(21)(i) (i) First aid facilities shall be provided and readily accessible for use at all times.
DWD 301.07(21)(j) (j) First aid facilities shall be equivalent to the 16 unit First Aid Kit recommended by the American red cross, and shall be provided in a ratio of 1 per 50 persons, except as provided under par. (k).
DWD 301.07(21)(k) (k) A kit supplied to each family shall be deemed to satisfy the requirements of par. (i) if it contains at least the following items:
DWD 301.07(21)(k)1. 1. 31/2 yards gauze bandage 1 inch width.
DWD 301.07(21)(k)2. 2. 11/2 yards 1/2 inch adhesive tape.
DWD 301.07(21)(k)3. 3. 12 adhesive bandages.
DWD 301.07(21)(k)4. 4. 7/8 oz. first aid cream.
DWD 301.07(21)(k)5. 5. Two 2 x 2 2-12 ply gauze pads.
DWD 301.07(21)(L) (L) No flammable or volatile liquids or materials may be stored in or adjacent to rooms used for living purposes, unless needed for current household use.
DWD 301.07(21)(m) (m) Agricultural pesticides and toxic chemicals may not be stored in the housing area.
DWD 301.07(22) (22)Camp operators' and occupants' responsibilities.
DWD 301.07(22)(a)(a) A camp operator or agent may establish reasonable rules relating to the responsibility of camp occupants as to camp occupancy and care. A copy of all such rules shall be posted in the camp where they can be easily seen by the camp occupants and shall be given to the occupants together with the work agreement. All such rules shall be written in English and, if the customary language of any occupant is not English, in the language of the occupant.
DWD 301.07(22)(b) (b) A camp operator or agent shall:
DWD 301.07(22)(b)1. 1. Clearly explain to camp occupants their responsibilities under any rules established under par. (a).
DWD 301.07(22)(b)2. 2. At least once a week inspect the camp area, structures, toilets, showers, and other facilities and see that each is maintained in a clean and orderly condition and that broken or damaged property is promptly repaired.
DWD 301.07(22)(b)3. 3. Designate an individual to maintain the grounds and common use facilities in a clean and orderly condition at least daily, except that in camps occupied by 100 or more persons, the camp operator shall provide a full-time person to perform all duties required under this paragraph.
DWD 301.07(22)(b)4. 4. Designate an individual or employee to be responsible for the compliance with this section. Such person's name shall appear on the material posted under sub. (24).
DWD 301.07(22)(c) (c) Each occupant of a camp shall:
DWD 301.07(22)(c)1. 1. Use the sanitary and other facilities furnished by the camp.
DWD 301.07(22)(c)2. 2. Keep in a clean and orderly manner that part of the camp and premise which the occupant occupies or uses.
DWD 301.07(22)(c)3. 3. Be responsible for the cleanliness of the dwelling units to which the occupant has been assigned and adjacent grounds.
DWD 301.07(22)(c)4. 4. Dispose of rubbish and garbage by placing it in containers provided for rubbish and garbage.
DWD 301.07(23) (23)Inspection.
DWD 301.07(23)(a)(a) All migrant labor camps including individual dwelling units shall be opened to inspection at all reasonable daylight hours by representatives of the department.
DWD 301.07(23)(b) (b) The department inspector shall make the inspector's presence known to the camp operator or an adult member of the operator's immediate family or the person designated as responsible for compliance with this section and to any affected occupant before making an inspection.
DWD 301.07(24) (24)Posting of rules. A copy of this section prepared by the department in English and in the language of the camp occupants if other than English, shall be posted in the camp or where the occupants report for work in a place easily seen by the camp occupants. The copy shall state where copies of the rules may be obtained.
DWD 301.07 History History: Cr. Register, April, 1978, No. 268, eff. 5-1-78; emerg. am. (11) (c), eff. 1-5-79; am. Register, May, 1979, No. 281, eff. 6-1-79; am. (9) (a) and cr. (1) (cm) and (cn), Register, May, 1981, No. 305, eff. 6-1-81; cr. (8) (f), Register, October, 1982, No. 322, eff. 11-1-82; corrections in (4), (6) (e), (11) (a) 1., (13) (c), (14) (h), (15) (a) and (m), (16) (o), (17) (a) 6. and (d) 19. and (21) (f) made under s. 13.93 (2m) (b) 7. and 14., Stats., Register, October, 1985, No. 358; am. (1), Register, March, 1986, No. 363, eff. 4-1-86; renum. from Ind 201.07 and am. (7), (9) (a) 2.a. and b., (b), (10) (d), (11) (c) (intro.), (h), (i) (intro.), (13) (a), (14) (e), (15) (a) to (c) (intro.), (f), (g), (m) (16) (L) (o) to (q) (17) (a) 6. and (21) r. (11) (bm), (cm), (cn), (gm), (13) (b), (d), (14) (c), (15) (c) 1., (i) to (L), (16) (m) and (n), Register, February 1993, No. 446, eff. 3-1-93, corrections made under s. 13.93 (2m) (b) 5. and 7., Register, August, 1995, No. 476; renum. (1) to be (1) (a) and am., cr. (1) (b) to (f), (9) (e) and am. (16) (p), (20) (c), (21) (k) 1. and 2., Register, December, 1997, No. 504, eff. 1-1-98; correction in (14) (e) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1997, No. 504; CR 07-018: r. (9) (b), (15) (b) and (c) 2., cr. (11) (cm) and (21) (em), am. (13) (a), r. and recr. (16) (c) and (k) Register December 2007 No. 624, eff. 1-1-08; corrections in (4), (6) (e), (11) (a) 1., (13) (c), (14) (h), (15) (a) and (21) (f) made under s. 13.93 (2m) (b) 7., Stats., Register December 2007 No. 624; corrections in (4), (6) (e), (11) (a) 1., (13) (c), (14) (e) and (h), (15) (a), (16) (c) and (k), (17) (d) 19., (21) (f) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673.
DWD 301.08 DWD 301.08Wages.
DWD 301.08(1) (1) Drafts or checks shall be made payable to the order of individual workers.
DWD 301.08(2) (2) The term “termination of the period of employment for which the worker was employed" means termination by either party for whatever reason.
DWD 301.08(3) (3) Partial payment under s. 103.93 (1) (b), Stats., shall not be allowed unless the employer is unable to determine the amount of piece rate wages owed a worker because of a lack of confirmation from a processor buyer.
DWD 301.08(4) (4) Any additional wages due a worker under s. 103.92 (1) (b), Stats., shall be paid within 2 days after such wages are determined.
DWD 301.08(5) (5) Every employer shall furnish to each migrant worker an individual wage statement. A wage statement may not combine information on wages earned by multiple members of a family. Wage statements shall show the amount of gross and net wages paid by the employer to the worker, the number of hours worked, and the amount of and reason for each deduction from the wages of the worker. A reasonable coding system may be used by an employer.
DWD 301.08(6) (6) Authorizations for deductions or withholding from wages must be specific as to the amount and reason for the deduction. A general statement authorizing the employer to make deductions for future loans, services, loss or damage to property shall be invalid.
DWD 301.08(7) (7) In cases affecting migrant workers, the statutes and rules authorizing the department to investigate and collect wage claims and enforce the wage and hour laws may be administered by the bureau of migrant services.
DWD 301.08 History History: Cr. Register, April, 1978, No. 268, eff. 5-1-78; renum. from, Ind 201.08, Register, February, 1993, No. 446, eff. 3-1-93; cr. (7), Register, December, 1997, No. 504, eff. 1-1-98; CR 07-018: am. (5) Register December 2007 No. 624, eff. 1-1-08.
DWD 301.09 DWD 301.09Field sanitation standards. In operations where 6 or more migrant workers are engaged in hand labor, the employer shall meet the requirements of subs. (1) to (5) without cost to the worker.
DWD 301.09(1) (1)Toilet facilities. Toilet facilities shall be provided in the ratio of one facility per every 20 workers, regardless of gender, located within 1/4 mile of each employee's work place in the field or, if not feasible, at the closest vehicular access. Toilet facilities shall have doors than can be closed and latched from the inside.
DWD 301.09(2) (2)Handwashing facilities.
DWD 301.09(2)(a)(a) Handwashing facilities shall be provided in the ratio of one facility per every 20 workers, regardless of gender, located within 1/4 mile of each employee's work place in the field, or if not feasible, at the closest vehicular access.
DWD 301.09(2)(b) (b) The department may authorize the substitution of prepackaged towelettes for handwashing facilities when such a variation is necessary to prevent a practical difficulty or unnecessary hardship and the substitution does not compromise the health and safety of the worker.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.