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. DWD 301.135(3)(c)(c) The hearing officer shall issue a written decision within 30 days of the close of the hearing record. The hearing officer’s decision constitutes final agency action. DWD 301.135 HistoryHistory: CR 23-030: cr. Register January 2024 No. 817, eff. 2-1-24. DWD 301.14DWD 301.14 Posting of migrant worker rights. A summary of the provisions of this chapter shall be posted in a conspicuous place in all migrant labor camps or where the occupants report for work in a place easily seen by the occupants. The posting shall be on a form prescribed by the department and shall be in English and in the language of the occupants if other than English. DWD 301.14 NoteNote: The required posting may be obtained at https://dwd.wisconsin.gov/jobservice/MSFW/forms.htm or from the Department of Workforce Development, Migrant and Seasonal Farmworker Programs, Dane County Job Service, 1819 Aberg Avenue, Ste. C, Madison, WI 53704. Email address: MSFW@dwd.wisconsin.gov. For other posting requirements, see ss. DWD 301.07 (1) (g) (certificate to operate migrant labor camp), 301.07 (8) (f) 3. (pesticide application notice), 301.07 (22) (a) (migrant labor camp’s occupancy and care rules), 301.07 (22) (b) 4. (name of employee or other individual responsible for complying with s. DWD 301.07 (22) (b)), and 301.07 (24) (copy of s. DWD 301.07 rules). In addition, the posting requirement for nitrate maximum contaminant levels under s. NR 809.11 (3) (b) applies to a camp operator who is required under s. DWD 307.07 (9) (ar) 2. to demonstrate that the requirements of s. NR 809.11 (3) (a) to (e) are satisfied.
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Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
administrativecode/DWD 301.135(2)(b)
administrativecode/DWD 301.135(2)(b)
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