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)(a)(a) A camp operator or agent may establish reasonable rules relating to the responsibility of occupants as to migrant labor camp occupancy and care. A copy of all such rules shall be posted in the migrant labor camp where they can be easily seen by the occupants and shall be given to the occupants together with the work agreement. All such rules shall be written in English and the language of occupants if other than English. DWD 301.07(22)(b)1.1. Clearly explain to occupants their responsibilities under any rules established under par. (a). DWD 301.07(22)(b)2.2. At least once a week inspect the migrant labor camp area, structures, toilets, showers, and other facilities and ensure 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 employee or other individual to maintain the grounds and common use facilities in a clean and orderly condition at least daily, except that in migrant labor camps occupied by 100 or more persons, the camp operator shall provide a full-time person or the equivalent to perform all duties required under this subdivision during the period that the migrant labor camp is occupied. DWD 301.07(22)(b)4.4. Designate an employee or other individual to be responsible for compliance with this paragraph and post the employee’s or other individual’s name with the copy of this section that is posted under sub. (24). DWD 301.07(22)(c)1.1. Use the sanitary and other facilities furnished by the migrant labor camp. DWD 301.07(22)(c)2.2. Keep in a clean and orderly manner that part of the migrant labor camp and premises that 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 garbage and other refuse by placing it in containers provided for garbage and other refuse. DWD 301.07(23)(a)(a) All migrant labor camps including individual dwelling units shall be opened to inspection by representatives of the department at all of the following times: DWD 301.07(23)(b)(b) A migrant labor inspector of the department 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 occupants if other than English, shall be posted in the migrant labor camp or where the occupants report for work in a place easily seen by the occupants. The copy shall state where copies of the rules under this section may be obtained. DWD 301.07 HistoryHistory: 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; CR 23-030: r. and recr. (1) (title), renum. (1) (a) to (1) (a) and (ar) and am., cr. (1) (ag), (aw), am. (1) (c) to (f), cr. (1) (g), am. (2), renum. (3) to (1m) and am., am. (4), r. (5) (title), renum. (5) (a), (b), (c), (d) to DWD 301.015 (3), (4), (19), (22) and, as renumbered. am. (4), (22), renum. (6) (a) to (6) (ar) and am., cr. (6) (ag), am. (6) (b) (intro.), 2., 3., cons. (6) (c) and (d) and renum. to (6) (c) and am., r. (6) (e), am. (6) (f), (7) (a) to (c), cr. (8) (bm), am. (8) (c) to (e), renum. (8) (f) 1., 2., 3., (9) (a) (intro.), 1. to (8) (f) 1. (intro.) and a., b., 3. (intro.), (9) (ar) (intro.), 1. and am., r. (9) (a) 2. a., b., cr. (9) (ag), r. (9) (c), am. (9) (d), r. (9) (e), cr. (9) (f), (g), am. (10) (a), (b), renum. (11) (a) to (11) (a) (intro.) and am., r. (11) (a) 1., r. and recr. (11) (a) 2., am. (11) (a) 3., (b), (c) (intro.), (d), (e), renum. (11) (f) 1. to (11) (fm), am. (11) (i), (12), (13) (a), (c), (g), (h), (14) (b), (d), (h), (15) (a), (c), renum. (15) (d) to (15) (d) (intro.) and am., am. (15) (d) 1., 2., (e), (f), (h), r. (15) (m), am. (16) (a) to (d), (f), (i) to (k), cons. (16) (L) and (o) and renum. to (16) (L) and am., am. (16) (p), r. (16) (q), cr. (16) (r), am. (17) (a) (intro.), 1., r. (17) (a) 3., cr. (17) (a) 3m., am. (17) (a) 4., cr. (17) (a) 7., am. (17) (b) (intro.), r. (17) (b) 3., cr. (17) (b) 3m., am. (17) (b) 7., (d) (intro.) 1., 7., 8., 16., 19., am. (18) (a), cons. (18) (b) and (c) and renum. (18) (b) and am., am. (18) (d), cr. (20) (bm), (dm), am. (20) (e), (21) (title), (b), (c), (e), (em) 1. (intro.), a., 2., r. (21) (em) 4., am. (21) (f), (h), renum. (21) (i) to (21) (i) (intro.) and am., cr. (21) (i) 1. to 19., r. (21) (j), (k), am. (22) (a), (b), (c) (intro.), 1., 2., 4., renum. (23) (a) to (23) (a) (intro.) and am., cr. (23) (a) 1., 2., am. (23) (b), (24) Register January 2024 No. 817, eff. 2-1-24, except am. (15) (c), (16) (c) effective 1-1-28; correction in (6) (ag) 4. made under s. 35.17, Stats., Register January 2024 No. 817. DWD 301.075DWD 301.075 Disease and illness prevention and control. DWD 301.075(1)(1) Camp operators, employers, and migrant labor contractors shall comply with s. 252.05 (3), Stats., and, upon identification of a migrant worker’s case or suspected case of a communicable disease, make a report to a local health officer as required under s. DHS 145.04 (3). DWD 301.075(2)(a)(a) Report to a local health officer a migrant worker’s case of suspected food poisoning or an unusual prevalence in a migrant labor camp of any illness in which fever, diarrhea, sore throat, vomiting, jaundice, productive cough, weight loss, runny nose, eye irritation, body aches, fatigue, headache, or shortness of breath is a prominent symptom. DWD 301.075(2)(b)(b) Prohibit any individual with a communicable disease from preparing, cooking, serving, or handling food, foodstuffs, or materials in any kitchen or dining room operated in connection with a migrant labor camp or regularly used by occupants. DWD 301.075(2)(c)(c) Provide written procedures for the temporary isolation of sick or injured occupants, including procedures for ensuring that, when required, space is available for the temporary isolation, which may include rooms in hotels, motels, or tourist rooming houses that are licensed under s. ATCP 72.04. DWD 301.075(2)(d)(d) Suitably isolate any person reasonably suspected of having a communicable disease for the amount of time recommended by public health authorities. DWD 301.075 HistoryHistory: CR 23-030: cr. Register January 2024 No. 817, eff. 2-1-24. DWD 301.08(1)(1) For purposes of s. 103.93 (1) (a), Stats., payment of wages by check or draft includes payment by direct deposit. Checks or drafts shall be made payable to the order of individual workers for whom payment is being made. DWD 301.08 NoteNote: Section 103.91 (1) (a), Stats., requires wage to be paid in U.S. currency or by check or draft. DWD 301.08(2)(2) For purposes of s. 103.93 (1) (b), Stats., “termination of the period of employment for which the worker was employed” includes termination by either party for whatever reason. DWD 301.08 NoteNote: Section 103.93 (1) (b), Stats., generally requires every employer to pay in full all wages due any migrant worker within 3 days after the termination of the period of employment for which the worker was employed. Section 103.915 (5), Stats., provides for an exception to this requirement. DWD 301.08(3)(3) Partial payment under s. 103.93 (1) (b), Stats., is prohibited 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)(a)(a) Every employer shall furnish to each migrant worker an individual wage statement for each pay period at the time of payment. 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(5)(b)(b) If an employer electronically furnishes a migrant worker an individual wage statement under par. (a), the employer shall furnish a paper copy of the statement to the migrant worker upon the migrant worker’s request. 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 HistoryHistory: 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; CR 23-030: am. (1) to (3), renum. (5) to (5) (a) and am., cr. (5) (b), am. (6), r. (7) Register January 2024 No. 817, eff. 2-1-24. DWD 301.09(1m)(a)(a) Applicability. This subsection applies to operations where 6 or more migrant workers are engaged in hand labor. DWD 301.09(1m)(b)(b) Toilet facilities. Toilet facilities shall be provided in the ratio of one facility per every 20 workers engaged in hand labor, regardless of gender, and located within one-fourth mile of each worker’s work place in the field or, if not feasible, at the closest vehicular access to the work place. Toilet facilities shall have doors than can be closed and latched from the inside. DWD 301.09(1m)(c)(c) Handwashing facilities. Handwashing facilities shall be provided in the ratio of one facility per every 20 workers engaged in hand labor, regardless of gender, and located within one-fourth mile of each worker’s work place in the field, or if not feasible, at the closest vehicular access to the work place. DWD 301.09(1m)(d)1.1. Toilet and handwashing facilities required under this subsection shall be clean and sanitary and the toilet facilities shall be provided with an adequate supply of toilet paper. DWD 301.09(1m)(d)2.2. Disposal of wastes from facilities serving workers engaged in hand labor shall not cause unsanitary conditions. DWD 301.09(2m)(a)(a) Applicability. This subsection applies to operations where any number of migrant workers are engaged in hand labor. DWD 301.09(2m)(b)1.1. Potable drinking water to meet the needs of workers engaged in hand labor shall be provided at a readily accessible location. The water provided to the workers shall be suitably cool. A supply of water shall be available in sufficient quantity at the beginning of the work shift to provide one quart per worker per hour for drinking for the entire shift. Employers may begin the shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow workers to drink one quart or more per hour. The water shall be dispensed in single serving drinking cups or water bottles. The use of common drinking cups or dippers is prohibited. DWD 301.09(2m)(b)2.2. Potable water containers for workers engaged in hand labor shall be covered, cleaned, and refilled daily or more often as necessary. DWD 301.09(2m)(c)(c) Reasonable opportunity. Workers engaged in hand labor shall be allowed reasonable opportunities during the workday to hydrate and use toilet and handwashing facilities. DWD 301.09(7)(a)(a) The department may, upon written application by a camp operator on a form prescribed by the department and after inspection by a migrant labor inspector of the department, grant a variance to a provision of this section if the department determines that the application provides for an equivalency that meets the intent of the provision. A variance is not effective until granted in writing by the department. 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 accomplished. 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 variance is granted constitutes a violation of this chapter for which the department may revoke the variance or seek enforcement under s. 103.905 (5), Stats. DWD 301.09 HistoryHistory: 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; CR 23-030: r. (intro.), renum. (1) to (1m) (b) and am., cr. (1m) (title), (a), renum. (2) (title) to (1m) (c) (title), renum. (2) (a) to (1m) (c) and am., r. (2) (b), (c), cr. (2m) (title), (a), cr. (2m) (d), (e), r. (2m) (d), (e), renum. (3) (title) to (2m) (b) (title), renum. (3) to (2m) (b) 1. and am., renum. (4) (title) to (1m) (d) (title), renum. (4) (a), (b), (c) to (1m) (d) 1., (2m) (b) 2., (1m) (d) 2. and am., r. (4) (d), renum. (5) to (2m) (c) and am., r. (6) (title), renum. (6) (a), (b) to DWD 301.015 (13), (14) and am., r. (6) (c), (d), renum. (6) (e) to DWD 301.015 (24), r. (6) (f), am. (7) (a) to (c), r. (7) (d) Register January 2024 No. 817, eff. 2-1-24, except (2m) (d), (e) repealed eff. 1-1-25. 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 ss. 103.90 to 103.97, Stats., or this chapter has taken place. The intent of this section is to supplement the system of enforcement under s. 103.97, Stats., that is based on citations taken to court with a system based on administrative assessment of penalty fees. A system based on administrative assessment of penalty fees 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(2)(2) Issuance. Subject to sub. (3), the department may issue a penalty fee assessment for a violation of ss. 103.90 to 103.97, Stats., or this chapter that is not corrected within a correction period specified in s. 103.965 (1), Stats. DWD 301.13 NoteNote: Section 103.965 (1), Stats., provides that in most cases there is a correction period for violations: “Except as provided in [s.103.965 (2), Stats.], if 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.” Section 103.965 (2), Stats., specifies violations for which there is no correction period. DWD 301.13(3)(3) Severity of risk. Violations of ss. 103.90 to 103.97, Stats., and this chapter shall be rated on a severity scale of high, medium, and low. 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(5)(5) Administrative review. Any person who wishes to contest the issuance of a penalty fee assessment under sub. (2) may, within 30 days after the date of the issuance, file a written request for hearing under s. DWD 301.135. DWD 301.13 HistoryHistory: Cr. Register, December, 1997, No. 504, eff. 1-1-98; correction in (4) (b) 1. made under s. 13.93 (2m) (b) 7., Stats., Register December 2007 No. 624; CR 23-030: am. (1), (2), cons. (3) (a) and (b) and renum. (3) and am., r. (4), r. and recr. (5) Register January 2024 No. 817, eff. 2-1-24. DWD 301.135 NoteNote: For personal delivery, the office of secretary is located at 201 East Washington Avenue, Madison, Wisconsin 53703. For certified mail, the mailing address of the office of secretary is P.O. Box 7946, Madison, Wisconsin 53707.
DWD 301.135(2)(2) Within 10 days of receipt of a request for a hearing, the department shall designate a hearing officer to preside over the hearing. The hearing officer shall give reasonable notice of the hearing by registered mail, return receipt requested, to the department and the person requesting the hearing. The notice shall include all of the following: DWD 301.135(2)(b)(b) A statement of the provisions of this chapter or ss. 103.90 to 103.97, Stats., that are the basis of the action to be contested at the hearing. DWD 301.135(3)(3) The procedures under ch. 227, Stats., shall apply to the disposition of the request for hearing, except that all of the following apply: DWD 301.135(3)(a)(a) The hearing officer shall receive, and make part of the record, documentary evidence offered by any party and accepted at the hearing. Copies thereof shall be made available by the party submitting the documentary evidence to any party to the hearing upon request. DWD 301.135(3)(b)(b) Technical rules of evidence shall not apply to hearings conducted pursuant to this section, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied, where reasonably necessary, by the hearing officer conducting the hearing. The hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence.
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administrativecode
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Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
administrativecode/DWD 301.07(23)(a)2.
administrativecode/DWD 301.07(23)(a)2.
section
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