Currently, ch. DWD 301 regulates housing conditions in migrant labor camps, imposes field sanitation standards, and provides notice of migrant labor rights. In addition, s. 103.917, Stats., requires employers to provide safe and adequate transportation for migrant workers and s. 103.905 requires the Department to promulgate rules to enforce those migrant labor laws, including s. 103.917. Consistent with the Department's rulemaking authority under s. 103.905, Stats., the Department proposes to promulgate an emergency rule that takes into account current CDC, OSHA, and DHS recommendations. The policy alternative is for the Department to continue to enforce ch. DWD 301 and s. 103.917, Stats., without imposing additional requirements that would protect migrant workers from COVID-19 and prevent the spread of COVID-19 in this state. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
103.905 Department's duties. The department shall:
(1) Promulgate rules for the enforcement and implementation of ss. 103.90 to 103.97. . . .
(5) Enforce, or cause to be enforced, ss. 103.90 to 103, and cooperate with other officers, departments, boards, agencies or commissions of this state, or of the United States, or of any other state, or of any local government in the enforcement of such sections. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The estimated time is 30 hours.
List with Description of All Entities that May Be Affected by the Proposed Rule
The proposed emergency rule will affect migrant workers, migrant worker employers, and migrant labor camp operators.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 U.S.C. 1801, et. seq., and its implementing regulations under 20 CFR Part 500, set standards for migrant and seasonal agricultural workers regarding housing and transportation. MSPA requires that providers of housing to migrant and seasonal agricultural workers comply with certain minimum standards for health and safety, and that transportation providers have vehicles that meet certain standards for safety. MSPA also requires the contractors of migrant agricultural workers to provide prior notice to such workers of the working conditions Regarding COVID-19, the CDC has issued guidance on shared or congregate housing and the CDC and DOL have issued guidance on agricultural workers and employers. OSHA has issued guidance on mitigating and preventing the spread of COVID-19 in the workplace, as well as recommendations for additional considerations for workers who reside in communal living arrangements. The CDC, DOL, and OSHA continue to review their guidance for the purpose of making any necessary updates.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed emergency rule is expected to have an economic impact on migrant worker employers and migrant labor camp operators, which may include small businesses, who will have to comply with the emergency rule. However, the long-term net economic impact is expected to be positive because the emergency rule will protect against the spread of COVID-19 and mitigate the significant negative economic impacts on the production of produce that would otherwise result from the spread of COVID-19 in migrant labor camps.
