Alert! This chapter may be affected by an emergency rule:
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.
DWD 301.09(2)(c) (c) Written application for a variance under par. (b) shall be filed with the department on a form prescribed by the department. A variance shall not be effective until granted in writing by the department.
DWD 301.09(3) (3)Drinking water. Potable drinking water to meet worker needs shall be provided at a readily accessible location. The water provided to the workers shall be cool and kept in insulated containers which are clean and sanitary. A supply of water shall be available in sufficient amount to meet worker needs. The water shall be dispensed in single serving drinking cups. The use of common drinking cups or dippers is prohibited.
DWD 301.09(4) (4)Maintenance.
DWD 301.09(4)(a)(a) Toilet and handwashing facilities shall be clean and sanitary.
DWD 301.09(4)(b) (b) Potable water containers shall be covered, cleaned and refilled daily.
DWD 301.09(4)(c) (c) Disposal of wastes from facilities shall not cause unsanitary conditions.
DWD 301.09(4)(d) (d) Toilet facilities shall be provided with an adequate supply of toilet paper.
DWD 301.09(5) (5)Reasonable use. Workers shall be allowed reasonable opportunities during the workday to use the facilities.
DWD 301.09(6) (6)Definitions.
DWD 301.09(6)(a)(a) “Hand labor" means that work which is performed manually in the field.
DWD 301.09(6)(b) (b) “Handwashing facility" means a facility provided with running water for washing hands, arms, face and head, including lavatories, basins and sinks, both for cleanliness and for safety purposes.
DWD 301.09(6)(c) (c) “Potable water" means all water which may be distributed by any agency or individual, public or private, for human consumption, washing of the person, the preparation of foods or beverages, or for the cleansing of any utensil or article used in the course of preparation or consumption of food or beverages for human beings.
DWD 301.09(6)(d) (d) “Sanitary condition" means that condition of good order and cleanliness which precludes the probability of disease transmission.
DWD 301.09(6)(e) (e) “Toilet facility" means a facility provided for the purpose of defecation or urination, or both, including water closets and biological or chemical toilets, and urinals.
DWD 301.09(6)(f) (f) “Work place" means the area in which work is performed as defined in s. DWD 301.06 (5) except canneries and freezing plants, and is not in the proximity of any existing sanitary facilities.
DWD 301.09(7) (7)Variances.
DWD 301.09(7)(a)(a) The department may, upon written application by a camp operator and after inspection by a migrant labor inspector, grant a variance to a provision of this section if it determines that an equivalency is established in the petition for variance which meets the intent of the provision involved.
DWD 301.09(7)(b) (b) An equivalency is established for the purposes of par. (a) when appropriate alternative measures have been taken to protect the health and safety of workers and to assure that the purpose of the provision from which the variance is sought will be observed.
DWD 301.09(7)(c) (c) A variance issued under this subsection may be either temporary or permanent. In granting a variance, the department may impose specific conditions to promote the protection of the health, safety and welfare of the workers. Violation of any condition under which a petition is granted constitutes a violation of this chapter for which a compliance order may be issued or a variance may be revoked.
DWD 301.09(7)(d) (d) Any person who wishes to contest a determination on a petition for variance may, within 30 days after the date of the determination, file a request for hearing with the secretary. The request shall contain a statement of the specific reasons for contesting the determination. The secretary may deny the request if he or she determines that it sets forth insufficient reasons for a hearing. If the secretary grants the request, he or she may designate a hearing examiner to conduct the hearing and to issue either a recommended decision to the secretary or a final decision.
DWD 301.09 History History: Cr. Register, October, 1985, No. 358, eff. 1-1-86, emerg. cr. (7), eff. 2-10-86; r. (1) (b), renum. (1) (a) to be (1), cr. (7), Register, June, 1986, No. 366, eff. 7-1-86; renum. from Ind 201.09 and am. (7) (a), Register, February, 1993, No. 446, eff. 3-1-93; correction in (6) made under s. 13.93 (2m) (b) 1., Stats., Register, December, 1997, No. 504; CR 07-018: am. (2) (c) Register December 2007 No. 624, eff. 1-1-08.
DWD 301.09 Note DWD 301.11Compliance dates. History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1997, No. 504; CR 07-018: r. Register December 2007 No. 624, eff. 1-1-08.
DWD 301.13 DWD 301.13Violation penalty fees.
DWD 301.13(1) (1)Purpose. This section applies to post-occupancy inspections of migrant labor camps and other situations in which the department determines that a violation of the statutes or the administrative rules has taken place. The intent of this section is to supplement the system of code enforcement based on citations taken to court with a system based on administrative penalty fees. A penalty fee system enables the department to focus on violations that are serious and base the size of the fee on the degree of danger created by the violation.
DWD 301.13 Note Note: Section 103.965 (1), Stats., provides that in most cases there shall be a correction period for migrant code violation: ``(I)f the department determines that any person has violated ss. 103.90 to 103.97 the person shall have a reasonable time, not to exceed 15 days from the day he or she receives notice of the violation, to correct the violation. If the violation is corrected within that period, no penalty may be imposed under s. 103.97." The violation penalty fees in this section of the code will apply only to violations that are not corrected within the specified correction period.
DWD 301.13(2) (2)Issuance. A penalty fee assessment may be issued by the migrant services bureau director or the director's designee.
DWD 301.13(3) (3)Severity of risk.
DWD 301.13(3)(a)(a) Code violations shall be rated on a severity scale of high, medium and low.
DWD 301.13(3)(b) (b) A high severity violation may result in a penalty fee assessment of no more than $1,000.00. A medium severity violation may result in a penalty fee assessment of no more than $500.00. A low severity violation may result in a penalty fee assessment of no more than $250.00.
DWD 301.13(4) (4)Classification of violations.
DWD 301.13(4)(a)(a) The following violations are examples of the high severity classification:
DWD 301.13(4)(a)1. 1. Operating an uncertified migrant labor camp (s. 103.92, Stats.)
DWD 301.13(4)(a)2. 2. Drinking water not tested (s. DWD 301.07 (9)).
DWD 301.13(4)(a)3. 3. Disposal of excreta and liquid waste not in compliance (s. DWD 301.07 (10)).
DWD 301.13(4)(a)4. 4. Lack of functioning permanent heater in living unit or service building (s. DWD 301.07 (13)).
DWD 301.13(4)(a)5. 5. Electrical outlet, washing machine, or refrigerator not effectively grounded (s. DWD 301.07 (14)).
DWD 301.13(4)(a)6. 6. Electrical wiring in unsafe condition (s. DWD 301.07 (14)).
DWD 301.13(4)(a)7. 7. Lack of flush toilet as required by code (s. DWD 301.07 (15)).
DWD 301.13(4)(a)8. 8. Presence of privy in violation of code (s. DWD 301.07 (15)).
DWD 301.13(4)(a)9. 9. Lack of required kitchen facilities (s. DWD 301.07 (17)).
DWD 301.13(4)(a)10. 10. Lack of sink with hot and cold water in kitchen (s. DWD 301.07 (17)).
DWD 301.13(4)(a)11. 11. Violation of requirement for 2 means of escape (s. DWD 301.07 (21)).
DWD 301.13(4)(a)12. 12. Violation of requirement for second exit, second stairway or fire escape on second story (s. DWD 301.07 (21)).
DWD 301.13(4)(a)13. 13. Violation of code requirements as to fire extinguisher, flammable materials, secure L.P. gas cylinder, safety valve on gas hot water heater, or smoke detector (s. DWD 301.07 (21)).
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.