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Full Text



Friday
January 11, 1980


Part IV


Department of Labor
Employment Standards Administration

Farm Labor Coordinated Enforcement;
Proposed Rules


I





Federal Register / Vol. 45, No. 8 / Friday, January 11, 1980 / Proposed Rules


DEPARTMENT OF LABOR
Employment Standards Administration
20 CFR Part 42
Farm Labor Coordinated Enforcement;
Proposed Regulations
AGENCY: Employment Standards
Administration, Department of Labor.
ACTION: Proposed rule.
SUMMARY: The Department of Labor
(DOL) is proposing regulations which
will set forth procedures within the
Department for the coordination of
enforcement activities relating to
migrant farmworkers. The regulations
will apply to all the agencies within the
Department of Labor which presently
are directly responsible for activities
relating to migrant farmworkers: the
Employment Standards Administration
(ESA), the Occupational Safety and
Health Administration (OSHA), and the
Employment and Training
Administration (ETA). The Office of the
Under Secretary and the Office of the
Solicitor (SOL) also will participate in
the Department's coordinated
enforcement efforts. The regulations
also provide for the designation of ESA
Farmworker Specialists and OSHA
Farm Labor Contact Persons in area
offices.
DATE: Submit written comments by close
of business, March 11, 1980.
ADDRESS: Submit comments to
Administrator, Wage Hour Division,
Employment Standards Administration,
U.S. Department of Labor, Room S-3502,
200 Constitution Avenue, NW.,
Washington, D.C., 20210.
FOR FURTHER INFORMATION CONTACT:
Herbert J. Cohen, Assistant
Administrator, Wage Hour Division,
Employment Standards Administration,
U.S. Department of Labor, Room S-3502,
200 Constitution Avenue, NW.,
Washington, D.C., 20210, 202-523-8353.
SUPPLEMENTARY INFORMATION: The Fair
Labor Standards Act, as amended, (29
U.S.C. 201, et seq.) (FLSA); the Farm
Labor Contractor Registration Act of
1963, as amended (7 U.S.C. 2041, et seq.)
(FLCRA); and the Occupational Safety
and Health Act (29 U.S.C. 651, et seq.)
(OSHA), provide employment
protections to migrant farmworkers.
These protective statutes are
administered by the U.S. Department of
Labor, which also is responsible for .
providing services to migrant
farmworkers through the Employment
and Training Administration, under both
the Wagner-Peyser Act (29 U.S.C. 49, et
seq.) and the Comprehensive
Employment and Training Act, as
amended (29 U.S.C. 801, et seq.). These


proposed regulations provide a
structural mechanism for coordinating
and strengthening the activities of the
agencies responsible for administering
these statutes.
Background
In recent years, the Department has
become increasingly concerned about
the employment-related problems of
migrant farmworkers, who typically live
and work outside the mainstream of
American life and often out of public
sight. Although important to the nation's
agricultural economy, migrant farmwork
by its very nature is also transient,
physically difficult, lacking in job
security, and low-paying. While in the
"migrant stream," farmworkers are
particularly vulnerable to abuse by farm
labor contractors who operate in
violation of the protective statutes
administered by the Department. Recent
history has shown that migrant
farmworkers too often and too easily
are denied the minimum wage
protections of the FLSA, the housing and
health protections of the OSHA, and the
special protections of the FLCRA
against abuse by crew leaders,
notwithstanding the efforts of the
Department and State enforcement
agencies.
The Department faces special
problems in its efforts to enforce the
protective statutes on behalf of migrant
farmworkers. Complaints are too rarely
filed by the migrants, and, even when
complaints are filed, the workers usually
move on to another job in another
place-perhaps even thousands of miles
away-before investigative action can
be completed. Language barriers, fears
of reprisal by employers and farm labor
contractors, and these workers'
reluctance to contact the Government
combine to make the Department's task
in this area particularly difficult.
All of these factors call for
concentrated efforts by the Department
to ensure that the employment-related
problems of migrant farmworkers
receive close attention and continual
scrutiny, and that high priority is given
to the effort to eradicate unlawful
employment practices. The Department
believes that these regulations are a
very important step in that direction.
The Department has given these
regulations close attention. They are the
result of extensive negotiations between
the Department and the plaintiff
organizations in NAACP v. Marshall,
Civil Action No. 2010-72, U.S.D.C., and
represent part of a settlement agreement
concluding the litigation in that case. As
part of that proposed settlement, certain
court orders would be dissolved. See,
e.g., 8 Empl. Prac. Dec. 9684 (D.D.C.


Aug. 13, 1974), pursuant to 5 Empl. Prac.
Dec. 1 8637 (D.D.C. May 31, 1973).
Additional proposed regulations
concerning the services provided to
migrant and seasonal farmworkers by
the United States Employment Service
(ES), a branch of the Employment and
Training Administration (ETA), are also
published in today's Federal Register,
and should be read in conjunction with,
and as complementary to, these
regulations.
The Department proposes to
promulgate a new Part 42 which consists
of procedures to be followed by OSHA,
ETA and ESA. Existing substantive
regulations of these agencies are not
changed by this proposal. The
Department requests comments on the
entire Part 42.
National Farm Labor Coordinated
Enforcement Committee
The proposed regulations would
establish a National Farm Labor
Coordinated Enforcement Committee
(National Committee) under the
direction of the Under Secretary of
Labor. Other members include the
Solicitor of Labor and the Assistant
Secretaries for the Employment
Standards Administration, the
Occupational Safety and Health
Administration and the Employment and
Training Administration. The Under
Secretary shall assign to one of his/her
Special Assistants the responsibility of
directing the staff work required by the
Committee. The National Committee
will meet at least quarterly to review the
Department's responsibilities affecting
migrant farmworkers.
There also will be a National
Committee staff level working group
consisting of senior staff representatives
from the Branch of Farm Labor
Enforcement and the Wage and Hour
Division in ESA; the United States
Employment Service and the
Employment and Training
Administration in ETA; the Office of
Field Coordination and the Office of
State Plan States in OSHA, and the
Office of the Solicitor. This working
group will meet at least monthly and
will be directed by the Special Assistant
to the Under Secretary.
The National Committee will review
the policies of OSHA, ESA, USES and
the Office of the solicitor, and will assist
the respective agencies in coordination
of all assigned responsibilities related to
migrant farmworkers. It also will
oversee the operation of a system of
coordinated Complaint/Directed Action
Logs which are to be maintained by
each DOL agency and appropriate SESA
and OSHA State agencies. This system
is designed to facilitate speedy referral


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Federal Register / Vol. 45, No. 8 / Friday, January 11, 1980 / Proposed Rules


and follow-up of complaints and other
enforcement matters. It also is designed
as one tool to aid the agencies and the
coordinating committees to monitor the
processing of migrant farmworker
enforcement cases.
Based on enforcement strategies
prepared in each Region, the National
Committee will develop a coordination
plan annually concerning the
Department's migrant farm labor-related
responsibilities. The annual plan will set
forth general enforcement goals and
objectives for the following year as
established by ESA, OSHA and ETA.
Regional Farm Labor Coordinated
Enforcement Committee
The regulations would require that
each Region, under the leadership of the
ESA Regional Administrator, establish a
Regional FarmnLabor Coordinated
Enforcement Committee (Regional
Committee), which will include
representatives of ESA, OSHA, ETA and
the Office of the Regional Solicitor. The
Regional Committee will meet at least
quarterly to exchange information on,
and develop a written coordinated
enforcement strategy for the Region; to
coordinate cross-training of enforcement
personnel within the Region; and to
maintain contacts with State agencies,
farm labor groups, growers and other
interested parties. As on the National
Committee level, there will be a
Regional Committee staff level working
group in each region consisting of
regional staff representatives from ESA,
ETA, OSHA and the Office of the
Regional Solicitor. This working group
will meet at least monthly.
Often officials in the ten DOL regional
offices have a more accurate view of
farmworker-related needs and problems
in their respective areas than the
officials in the Department of Labor
National Offices. Accordingly, the
regulations contemplate that the
strategies drafted on the regional level
will be tailored to specific local
conditions. It is expected that regional
decisionmakers will benefit from the on-
the-scene observations and
recommendations of the ESA
Specialists, the OSHA Contact Persons,
and the ES officials, including the
Regional MSFW Monitor Advocates.
To facilitate coordination with farm
labor groups and growers in each region,
the respective Regional Committee will
hold an annual meeting which will be
open to all members of the public. These
meetings are an essential link in the,
evolving coordinated enforcement effort.
It is hoped that all interested parties will
take this opportunity to air their
grievances and to make constructive
suggestions. At least one representative


of the National Committee will attend
each of the meetings. The Department is
hopeful that these meetings will provide
useful information about regional needs
which will aid in the development of
plans and strategies for the upcoming
year.
Farm Labor Specialists (ESA)
Under the proposed regulations, the
Wage-Hour Division in ESA will
designate ESA Compliance Officers to
be Farm labor Specialists (Specialists).
These Specialists will be assigned to
certain area offices designated by ESA
because the offices have significant
amounts of agricultural worker activity.
The Specialists will be responsible for
coordinating FLCRA and FLSA activities
in agricultural employment; conducting
FLCRA/FLSA farm labor inspections;
coordinating FLCRA and FLSA activities
with appropriate OSHA and USES
activities; monitoring the farm labor-
related activities of significant farm
labor contractors and growers in the
area; and conducting technical
assistance and public information
programs regarding FLCRA and FLSA.
The Specialists will advise the
respective Regional Committee on
actual farm labor working conditions in
their areas and will otherwise
participate in regional coordination
activities as directed by the Regional
Committee. The Specialists are critical
to the success of these regulations
because the Specialists have a unique
role in the Department as compliance
officers whose full-time mission and
expertise is farmworker-related
enforcement activity in the field.
Farm Labor Contact Persons (OSHA)
Under the proposed regulations, the
OSHA Area Directors will designate
OSHA compliance officers to serve in
the capacity of Farm Labor Contact
Persons (Contact Persons). The Contact
Persons will be designated in those
OSHA area offices with responsibility
for conducting a significant number of
migrant farmworker camp inspections.
They will be assigned to conduct
migrant farmworker camp inspections,
serve as technical advisors on migrant
farmworker-related matters, and train
other compliance officers to conduct
migrant farmworker camp inspections.
In addition to the Contact Persons in
OSHA, the OSHA Regional
Administrators will designate a Farm
Labor Regional Coordinator to
coordinate migrant farmworker
enforcement activities in the region.
Similarly, States having approved
occupational safety and health plans
and responsibility for conducting a
significant number of migrant


farmworker camp inspections will be
requested to appoint a State Farm Labor
Coordinator to coordinate migrant
farmworker enforcement activities. The
activities of the Contact Persons will be
concentrated primarily in those periods
of the year when there are migrants in
the area.
Data
The regulations include requirements
for the collection and regular review of
specific data pertaining to the
enforcement of the protective statutes.
The National Committee will review
these data and recommend changes to
the respective agencies. It is hoped that
these data will serve as a useful
management tool for agency heads and
the National and Regional Committees.
Regulatory Assessment
This regulation, although significant,
is not a major regulation as defined in
the Department of Labor's guidelines
implementing Executive Order 12044
Improving Government Regulations. The
guidelines were published on January
26, 1979, at 44 FR 5576. Because this is
not a major regulation, no regulatory
analysis has been prepared.
Accordingly, it is proposed that the
new 29 CFR Part 42, will read as follows:
PART 42-COORDINATED
ENFORCEMENT
Sec.
42.1 General statement.
42.2 Purpose.
42.3 National committee.
42.4 Structure of the national committee.
42.5 Policy review.
42.6 Enforcement strategy.
42.7 Complaint/directed action logs.
42.8 Coordinated plan.
42.9 Farm labor specialist (ESA).
42.10 Farm labor contract persons and
regional coordinators (OSHA).
42.20 Regional farm labor coordinated
enforcement committee.
42.21 Data collection.
Authority: 29 U.S.C. 49, et seq.; 29 U.S.C.
201 et seq.; 29 U.S.C. 651, et seq.; 29 U.S.C.
01, et seq.; 5 U.S.C. 301.
S42.1 General statement.
These regulations are promulgated by
the Secretary of Labor to describe the
coordination of the activities of the
Employment Standards Administration,
the Occupational Safety and Health
Administration, and the Employment
and Training Administration relating to
migrant farmworkers.
42.2 Purpose.
These regulations coordinate the
activities of ESA, OSHA and ETA; and
are intended to:
(a) Ensure effective enforcement.
efforts under the protective statutes-


1 _


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Federal Register / Vol. 45, No. 8 I Friday, January 11, 1980 / Proposed Rules


i.e., the Farm Labor Contractor
Registration Act (FLCRA), the
Occupational Safety and Health Act
(OSHA), and the Fair Labor Standards
Act (FLSA) ("protective statutes").
(b) Ensure that the enforcement efforts
of DOL agencies are coordinated to
maximize their effectiveness, yet
minimize unnecessary duplication.
(c) Focus the attention of DOL
agencies upon the special employment-
related problems faced by migrant
farmworkers.
(d) Coordinate DOL enforcement
efforts with the related activities of
farmworker groups, federal and State
agencies, and other concerned parties
outside the Department of Labor whose
operations are related to the
employment, housing, and working
conditions of migrant farmworkers.
(e) Establish an information exchange
which will afford both the Department
and the farmworker groups the
opportunity to exchange information
concerning wages, hours and working
conditions.
423 Natonal Committee.
A National Farm Labor Coordinated
Enforcement Committee ("National
Committee") is hereby established
which shall be responsible for
reviewing policies, guidelines and
enforcement goals and strategies for the
Department of Labor with respect to
migrant farm labor-related enforcement
efforts under the protective statutes;
resolving policies which are in conflict
between DOL agencies; advising the
Secretary on legislative initiatives which
would strengthen farm labor-related
enforcement efforts; and providing
guidance and recommendations to DOL
agencies on related enforcement
activities.
42.4 Structure of the Natonal
Committee.
(a) The National Committee shall
consist of the Under Secretary of Labor,
the Solicitor of Labor, and the Assistant
Secretaries for the Employment
Standards Administration (ESA), the
Occupational Safety and Health
Administration (OSHA), and the
Employment and Training
Administration (ETA).
(b) The Committee shall be headed by
the Under Secretary, who shall assign to
one of his/her Special Assistants the
responsibility of directing the necessary
staff work required by the Committee.
(c) The National Committee shall meet
on a quarterly basis to review the
Department's responsibilities affecting
migrant farmworkers, and at any other
time as determined by the Under
Secretary to be necessary to carry out


the National Committee's
responsibilities. /
(d) There shall be a National
Committee staff level working group
consisting of senior staffrepresentatives
from the Branch of Farm Labor Law
Enforcement, the Wage and Hour
Division, the US. Employment Service
(the National MSFW Monitor
Advocate), the Employment and
Training Administration, the Office of
Field Coordination and the Directorate
of Federal Compliance and State
Programs in the Occupational Safety
and Health Administration, and the
Office of the Solicitor.
(e) The Special Assistant to the Under
Secretary shall be the director of the
staff level working group.
(f) The staff level working group shall
meet monthly or more frequently as
requested by the director.
(g) The director, or another member of
the National Committee, shall attend the
annual public meeting of each of the
Regional Farm Labor Coordinating
Committees.
42.5 Policy review.
The National Committee shall review
the policies of OSHA, ESA and the
United States Employment Service
(USES), and the Office of the Solicitor
and shall guide the respective agencies
in improving the effectiveness of and
coordination among all DOL agencies
assigned responsibilities related to
migrant farmworkers. These policies
and guidance shall include such issues
as the following:
(a) The coordination of inspections,
including housing inspections, reports
and procedures of DOL agencies and
State agencies designated by the
Department to follow-up on complaints
under, and to detect promptly violations
of, any of the protective statutes.
(b) The expedited enforcement and
legal procedures to accommodate the
transient and seasonal nature of migrant
farmworkers' problems.
(c) The development of systems for
prompt and efficient referral to the
appropriate federal or State agency of
violations or complaints discovered by
or reported to DOL agencies or
appropriate State agencies, along with
prompt and efficient follow-up action by
the appropriate agency from the
initiation of the investigation through
final enforcement action.
(d) The training of all appropriate
DOL personnel in order to ensure
coordinated and effective enforcement.
(e) The level ofenforcement achieved
by the remedies or sanctions used by
DOL agencies to enforce the protective
statutes.


(f) The effectiveness of the Specialists
Program and the Regional-Farm Labor
Coordinated Enforcement Committees.
42.6 Enforcementstrategy.
Each Regional Farm Labor
Coordinated Enforcement Committee
shall annually prepare, on a regional
basis, a migrant farm labor enforcement
strategy for each protective stature
pursuant to 42.20(c)(3). The National
Committee shall review these regional
strategies and make recommendations
to the appropriate DOL agencies. In
reviewing the enforcement strategies,
the Committee shall pay particular
attention to:
(a) The priorities set for the
investigation and enforcement activities
of compliance officers.
(b) Available data on the past and
current levels of enforcement of the
protective statutes in the region,
including the data collected pursuant to
42.21, infra.
(c) The level of attention given to
directed activity as distinguished from
complaint-initiated compliance
activities.
(d) The capability of the agency to
respond quickly and thoroughly under
the strategy to emergencies involving
Violations of any of the protective
statutes.
(e) The level of priority given by the
Office of the Solicitor to farm labor-
related enforcement activities under the
respective protective statutes.
(f) Other activities of DOL agencies
related to migrant farmworker
enforcement.
S42.7 Complaint/Directed Action Logs.
(a) To facilitate the Committee's
review of all migrant farmworker
complaints, including pre and post
occupancy housing inspections and the
enforcement strategies of DOL agencies,
the Committee shall oversee the
operation of a system of coordinated
Complaint/Directed Action Logs
("logs"). The logs shall be maintained by
each DOL agency and appropriate SESA
and OSHA State agencies.
(b) The logs shall record both the
numbers of compliance actions initiated
as a result of complaints and those
initiated on the basis of directed
activity. They shall also include a
statistical record of all original referrals
both from and to other DOL agencies or
federal or State authorities.
(1) Whenever, a complaint isreceived
and/or an investigation is completed by
an agency, the appropriate official of
that agency shall enter the matter on the
log.
(2) Wherever possible, the. responsible
agency, upon request shall inform the


250


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Federal Register / Vol. 45, No. 8 1 Friday, January 11, 1980 / Proposed Rues


complainant of the status of the actions
pending, and shall inform, when
applicable, the referring agency.
(3) ESA, OSHA, USES, and the Office
of the Solicitor shall be responsible for
preparing the quarterly statistical
summary by regions of the respective
agency's compliance activity. This
summary shall include all complaints
and compliance actions which (1) were
pursued to tbompletion by the subagency
during the reporting period or (2) were
received during the reporting period or
earlier, and are pending. Each agency
also shall report a summary of aging and
resource allocation data. The summary
shall be submitted to the National
Committee and the appropriate Regional
Committee.
(c) The National Committee staff shall
analyze the statistical summaries and
shall recommend National or Regional
Committee action where problems or
shortcomings are identified. Pursuant to
this review, the National Committee
shall take steps to ensure that the
responsible agencies make timely
responses to complaints and conduct
vigorous enforcement action.
S 42.8 Coordination plan.
(a) Based upon, inter alia, the regional
enforcement strategies submitted under
42.6, the National Committee shall
develop an annual coordination plan
concerning farm labor-related
responsibilities of the Department,
including migrant housing inspections,
the referral of complaints, enforcement
action on violations of Federal or State
employment-related laws subject to the
jurisdiction of DOL, or regulations
administered by DOL or appropriate
State agencies, and assistance to
stranded migrant farmworkers.
(b) The coordination plan shall
describe the present program
responsibilities of ESA for enforcement
in the farm labor area of the Fair Labor
Standards Act, and the Farm Labor
Contractor Registration Act. The plan
shall include a statistical summary of
the prior-year complaints under, and
alleged violations of, FLSA and FLCRA
as recorded in the logs of the ESA Wage
and Hour Regional and Area Offices,
and shall set forth general goals and
objective for FLSA and FLCRA
enforcement activities for the following
year as established by ESA.
(c) The coordination plan shall
describe the present program
responsibilities of OSHA for protecting
the safety and health of migrant
farmworkers. The plan shall include a
statistical summary of prior-year
complaints under, and alleged violations
of, OSHA recorded in the logs of the
OSHA State and area offices, and shall


provide general goals for OSHA ,
enforcement activities for the following
year as established by OSHA,
(d) The plan shall include a review of
the procedures developed by ETA to
handle emergency situations, such as
the stranding or displacement of
migrants, and shall provide general
goals for USES activities for the
following year.
S42.9 Farm Labor Specialist (ESA).
(a) The Assistant Secretary for ESA
shall designate-ESA Compliance
Officers as Farm Labor Specialists
("Specialists"). The Specialists shall be
assigned to area offices with significant
numbers of agricultural worker activity
as designated by ESA. These Specialists
shall coordinate FLCRA and FLSA
activities in agricultural employment
and shall be responsible for;
(1) Conducting FLCRA/FLSA farm
labor inspections;
(2) Serving as staff advisors and
consultants to regional and area officials
on FLCRA and FLSA;
(3) Coordinating FLCRA and FLSA
activities with appropriate OSHA and
USES activities;
(4) Directing special migrant
farmworker enforcement activities;
(5) Monitoring the farm labor-related
activities of significant crew leaders and
growers in the area to ascertain that
those against whom ESA has taken
enforcement action are operating in
compliance with FLCRA and FLSA;
(6) Conducting technical assistance
and public information programs
regarding FLCRA and FLSA;
(7) Serving as focal points for
coordination of referrals to and from
other:federal and State agencies with
farm labor responsibilities, such as
OSHA and USES; and
(8) Advising regularly the Regional
Committee on actual farm labor working
conditions in their areas and otherwise
participating in regional coordination
activities as directed by the Regional
Committee.
S42.10 Farm labor contact persona and
regional coordinator (OSHA).
(a) OSHA Area Directors shall be
responsible for ensuring that: (1) Migrant
farmworker complaints and referrals are
evaluated, and appropriate action is
taken; and (2) migrant farmworker camp
inspections are scheduled promptly.
(b) OSHA Area Directors shall
designate OSHA compliance officers to
serve in the capacity of Farm Labor
Contact Persons. These Farm Labor
Contact Persons shall be trained in
enforcement of the Occupational Safety
and Health Act of 1970 (84 Stat. 1590, 29
U.S.C. 651 et seq.) and all OSHA


standards affecting migrant
farmworkers. These Farm Labor Contact
Persons shall be designated In OSHA
area offices with responsibility for
conducting a significant number of
migrant farmworker camp inspections.
(c) The OSHA Area Directors shall
assign the Farm Labor Contact Person
to:
(1) Conduct migrant farmworker camp
inspections during periods when migrant
housing facilities are occupied, or when
it is reasonably predictable the facilities
will imminently be occupied;
(2) Serve as a technical advisor on
migrant farmworker-related matters;
(3) Train other compliance officers to
conduct migrant farmworker camp
inspections; and
(4) Perform other OSHA duties,
including duties not related to migrant
farmworker OSHA enforcement.
(d) Regional Administrators for OSHA
shall designate a Farm Labor Regional
Coordinator to coordinate migrant
farmworker activities. The Farm Labor
Regional Coordinators shall:
(1) Coordinate all migrant farmworker
related activity within the Region's
jurisdiction, i.e., enforcement, training,
and public information;
(2) Serve as representatives of the
OSHA Regional Administrators on the
Regional Farm Labor Coordinated
Enforcement Committee's-staff level
work group; and
(3) Perform other OSHA duties.
(e) OSHA shall request State
designees of States having approved
occupational safety and health plans
and responsibility for conducting a
significant number of migrant
farmworker camp inspections to appoint
a State Farm Labor Coordinator. The
State Farm Labor Coordinator shall:
(1) Coordinate State OSHA migrant
farmworker camp inspections and other
migrant farmworker enforcement
activities consistent with the objectives
of this section; and
(2) Represent the State on the
Regional Farm Labor Coordinating
Committee's staff level working group.
42.20 Regional Farm Labor Coordinated
Enforcement Committee.
(a) Under the leadership of the ESA
Regional Administrator, each region
shall establish a Regional Farm Labor
Coordinated Enforcement Committee
("Regional Committee"), including
representatives of ESA, OSHA, ETA
(the Regional MSFW Monitor
Advocate), and the Office of the
Regional Solicitor.
(b) The Regional Committee shall be
headed by the Regional Administrator of
ESA.
(c) The Regional Committee shall:


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Federal Register / Vol. 45, No. 8 / Friday, January 11, 1980-/ Proposed Rules


(1) Meet regularly on at least a
quarterly basis;
(2) Exchange information on
enforcement activities, including
complaint/directed action logs
developed by the DOL subagencies;
(3) Develop a written coordinated
enforcement strategy specifying for the
region all information which the
Regional Committee believes will be
helpful to the National Committee in
formulating the annual coordination
plan. This strategy shall include at a
minimum all information called for by
42.8 for the region, taking into account
particular conditions in the region (e.g.,
the seasonality of the farm labor
population). Once it is reviewed by the
National Committee and appropriately
revised, the regional offices of ESA,
ETA, and OSHA shall follow the
enforcement strategy for the year, with
revisions as needed by changing
circumstances during the year. The
National Committee shall be advised of
any such revisions;
(4) Maintain contacts with State
agencies, farm labor groups, growers,
and other interested parties; and
(5) Coordinate cross-training of
enforcement personnel within the
region.
(d) There shall be a regional
committee staff level working group in
each region consisting of regional staff
representatives from ESA, ETA, OSHA,
the Office of the Regional Solicitor, and
OSHA State Farm Labor Coordinators
within that region. This working group
shall meet at least monthly.
(e) The designated Farm Labor
-Specialist (ESA), Farm Labor Regional
Coordinators (OSHA), and MSFW
Monitor Advocates (USES) in each
region shall be available to provide staff
support to the Regional Committees.
(f) To facilitate coordination with farm
labor groups and growers in each region,
the respective Regional Committee shall
hold an annual public meeting,
transcribed or recorded at-the option of
the Regional Committee, which shall be:
(1) Publicized to all appropriate
migrant farmworker and grower
associations in the region;
(2) Conducted by the director of the
Regional Committee with other DOL
agency representatives participating as
necessary; and
(3) Opened to all members of the
public.
(g) The Regional Committee shall
conduct and cooperate with the
National Committee in order to develop,
implement and ensure the uniform and
effective application of coordinated
enforcement efforts.


42.21 Data collection.
(a) For each protective statute, ESA,
OSHA, and the Office of the Solicitor
("SOL") shall regularly collect statistical
data reflecting their enforcement efforts
on a regional and national basis and
shall submit such data quarterly to the
National and Regional Committees.
Fourth quarter data shall be
accompanied by annual summaries.
These submissions shall include at least
the data items specified in this section.
(b) The statistical data submitted by
ESA on FLCRA enforcement shall
include: (1) Total compliance actions
covered by the Act, showing total farm
labor contractor (FLC) actions, total
farm labor contractor employee (FLCE)
actions, total User actions, total
concurrent FLSA actions, and total
actions with noncompliance; (2) total
types of assignments (ES complaint,
other complaint, employers of
undocumented workers); (3) total types
of compliance actions (conciliation, full
investigation, follow-up investigation,
other); (4) total compliance hours
expended; (5) total crew workers
affected; (6) total violations by
categories and type of violation (FLC,
FLCE, User); (7) total compliance actions
in which civil money penalties (CMPs)
are assessed and total amount assessed;
(8) total compliance actions in which
CMPs are collected and total amount
collected.
(c) The Wage-Hour Division shall
submit the following statistical data on
FLSA enforcement with respect to
employees working within the
categories of Agriculture, Agricultural
Products, and Agricultural Services, etc.,
and various subcategories of each of
these three major categories: (1) Total
number of completed investigations; (2)
total hours spent in conducting
investigations, (3) number of employees
found underpaid (total, under minimum
wage provisions, under overtime
provisions); (4) amount of underpayment
found (total, under minimum wage
provisions, under overtime provisions);
(5) total number of employees to whom
income was restored; and (6) total
amount of money restored.
(d) OSHA's migrant farmworker
enforcement statistical data shall be
submitted for each region on a state-by-
state basis, including OSHA State Plan
States, and shall include: (1) Number of
complaints received and number of
inspections conducted in response; (2)
number of referrals received and
number of inspections conducted in
response; (3) number of programmed or
directed inspections; (4) number of
violations found by type of violation
(serious, willful, repeat and other than


serious); (5) total number of employees
affected by inspections; (6) approximate
total hours spent on migrant camp
inspections; (7) number of inspections
for which penalties were assessed and
amount assessed; (8) number of
inspections for which penalties were
collected and number collected.
(e) The SOL shall submit statistical
data on farm labor-related enforcement
efforts under each protective statute
which shall include: (1) Total cases
received by SOL; (2) actions taken on
cases (settled, referred to ALJ, civil
actions filed, referrals to U.S. Attorney);
and (3) results of cases (including
injunctions and license revocations and
denials).
(f) Complaint response data. ESA and
OSHA shall submit annually a summary
of aging data for their respective migrant
farmworker-related activities under
FLCRA, FLSA and OSHA respectively,
showing aging from receipt of a
complaint or completion of an
investigation until referral to SOL or
other final action by the enforcement
agency. The Office of the Solicitor shall
submit similar data showing'aging of
matters between receipt by SOL of a
case and the completion of some
responsive action on the case. Where
available, OSHA shall submit data
showing the average length of time
between receipt of a complaint and the
completion of the action taken in
response to the complaint. Where
available, ESA shall submit data
showing complaints received,
complaints on hand, and number of
actions completed based on complaints.
(g) The National Committee shall
review the data collection systems of
ESA, OSHA and SOL as they pertain to
farm labor enforcement, and recommend
any necessary changes to the
subagencies.
Signed at Washington, D.C. this 4th day of
January, 1980.
Donald E. Elsburg,
Assistant Secretary for Employment
Standards.
[PR Doc. 80-90 Filed 1-10-8; 8:45 am]
BILLION CODE 4510-7f-


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