(a) The State agency, through its local offices or otherwise, shall
conduct random, unannounced field checks at a significant number of
agricultural worksites to which JS placements have been made through the
intrastate or interstate clearance system. These field checks shall
include visit(s) to the worksite at a time when workers are there. Both
the employees and the employer shall be consulted, and JS shall
determine and document whether wages, hours, working and housing
conditions are as specified in job orders. JS staff shall keep records
of all field checks. If State agency personnel observe or receive
information, or otherwise have reason to believe that conditions are not
as stated on the job order or that an employer is violating an
employment related law, the State agency shall document the finding and
attempt informal resolution. If the matter has not been resolved within
5 working days, the State agency shall follow the procedures set forth
at subpart F of part 658 of this chapter. Violations of employment
related laws shall be referred to appropriate enforcement agencies in
writing.
(b) State agencies, to the maximum extent possible, shall make
formal or informal arrangements with appropriate State and Federal
enforcement agencies pursuant to which such agencies will agree to
conduct compliance reviews in their areas of enforcement responsibility
at agricultural worksites where the State agency has placed workers
through the agricultural clearance system and to inform the State agency
if violations are found. An enforcement agency compliance review shall
satisfy the requirement for State agency field checks where all aspects
of wages, hours, working and housing conditions have been reviewed by
the
enforcement agency reviews. The State agency shall supplement
enforcement agency efforts with field checks focusing on areas not
addressed by enforcement agencies. State agencies shall report
difficulties in making such formal or informal arrangements with State
enforcement agencies as well as deficiencies in State enforcement agency
activities to the Regional Farm Labor Coordinated Enforcement Committee.
(Approved by the Office of Management and Budget under control number
1205-0039)
(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))
[46 FR 39466, June 10, 1980, as amended at 47 FR 145, Jan. 5, 1982]
