Summary of factual data and analytical methodologies
Emergency Order # 25, ch. DWD 301, emergency rules EmR2014 and EmR2109, and relevant statutes relating to the Wisconsin Migrant Labor Law were reviewed as part of the process for developing this proposed rule. The Department also considered information provided by DHS and the Department of Agriculture, Trade and Consumer Protection, recent CDC guidance, and comments from various stakeholders. Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
This rule is intended to prevent the spread of disease in the migrant labor camps and is intended to have no negative net impact on business. Therefore, no analysis was necessary.
Effect on small business
No negative net impact on small business.
Agency contact person
Kathryn Mueller
Program and Planning Section Chief
Migrant and Seasonal Farmworker Programs and Job Service Call Center
Department of Workforce Development
201 East Washington Avenue
P.O. Box 7972
Madison, WI 53707
Telephone: (608) 733-3907
Place where comments are to be submitted and deadline for submission
Comments will be accepted until a date to be determined.
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SECTION 1. DWD 301.015 is created to read:
DWD 301.015 Definitions. In this chapter:
(1) "COVID-19" means the disease caused by the SARS-CoV-2 virus.
(2) "Exposed worker" means a migrant worker who has been in close contact with an individual who tested positive for COVID-19 or with a symptomatic individual who has not tested negative for COVID-19.
(3) "Family unit" means a one-family housing unit or a family living unit that is part of a multifamily unit.
(4) "Isolate" means to separate individuals who have tested positive for COVID-19 and symptomatic individuals who have not tested negative for COVID-19 from other individuals.
(5) "Quarantine" means to separate an exposed workers from other individuals.
(6) "Symptomatic individual" means an individual exhibiting symptoms of COVID-19.
(7) "Symptomatic worker" means a symptomatic individual who is a migrant worker.
(8) "Tested negative for COVID-19" means that a viral test has determined that an individual was not infected with the SARS-CoV-2 virus at the time of the test.
(9) "Tested positive for COVID-19" means that a viral test has determined that an individual was infected with the SARS-CoV-2 virus at the time of the test.
SECTION 2. DWD 301.06 (8m) is created to read:
DWD 301.06 (8m) (a) The work agreement and written recruiting disclosure statement required under s. 103.915 (1) (a), Stats., shall specify whether for purposes of COVID-19 testing, quarantine, or isolation a migrant worker is required to arrive at a migrant labor camp before or depart a migrant labor camp after the period covered by the minimum work guarantee under sub (8). (b) If a work agreement requires for purposes of COVID-19 testing, quarantine, or isolation that a migrant worker arrive at a migrant labor camp before or depart a migrant labor camp after the period covered by the minimum work guarantee under sub. (8), the period of employment and the guarantee of minimum work shall begin on the date the worker is required to arrive at the migrant labor camp and shall continue until the migrant worker departs the migrant labor camp.
(c) If an employer enters into a work agreement that does not require for purposes of COVID-19 testing, quarantine, or isolation that a migrant worker arrive at a migrant labor camp before or depart a migrant labor camp after the period covered by the minimum work guarantee under sub. (8), and the employer subsequently imposes that requirement on a migrant worker, the employer shall as soon as practicable after imposing the requirement revise the work agreement to comply with par. (b).
(d) If an employer changes the type of housing that is specified in a work agreement to quarantine or isolate a worker under s. DWD 301.07 (11) (j) 1., the employer is not required to revise the work agreement. For all other changes to the type of housing, the employer shall revise agreements as required under this section. SECTION 3. DWD 301.07 (11) (j), (k) and (L) are created to read:
DWD 301.07 (11) (j) 1. Except as provided in subd. 2., in accordance with current guidance of the department of health services, a camp operator shall do all of the following:
a. Make reasonable efforts to effectively quarantine exposed workers from all other camp occupants. For purposes of this subd. 1. a., "effectively quarantine" includes providing each worker with a private bathroom, sleeping area, and cooking and eating facility. If a camp operator cannot effectively quarantine exposed workers from all other camp occupants, the camp operator shall provide living spaces to exposed workers that are separate from living spaces for all other camp occupants .
b. Effectively isolate workers who have tested positive for COVID-19 and symptomatic workers who have not tested negative for COVID-19 from all other camp occupants . For purposes of this subd. 1. b., "effectively isolate" means to provide a sleeping area, bathroom, and cooking and eating facility that is not shared by camp occupants.
2. A migrant worker who resides in a family unit that is occupied exclusively by members of his or her family may opt to remain in that family unit.
3. A camp operator shall provide food and water to isolated and quarantined workers who are provided separate living spaces under subd. 1. in order to minimize the spread of COVID-19.
4. If a camp operator is not able to isolate or quarantine a worker under subd. 1. in the worker's current living space, the camp operator shall provide alternative housing to the worker.
5. If alternative housing required under subd. 4. is not within a migrant labor camp certified under sub. (1), the camp operator shall seek a variance under sub. (7) (a) in accordance with the following requirements:
a. When possible, a variance request shall be submitted in advance of the need for alternative housing. If a variance has not been requested in advance, the camp operator shall submit a request as soon as the camp operator becomes aware of the need for alternative housing. All variance requests must be submitted on the department's variance form to MSFW@dwd.wisconsin.gov. b. The department shall approve or deny the request for a variance within two business days of receipt of the request.
c. The variance may be subject to inspection and be in effect pending inspection. The department shall conduct inspections as soon as practicable and inspections may be performed remotely in conjunction with camp operators.
(k) 1. A camp operator shall submit for the department's review and approval a COVID-19 safety plan for each migrant labor camp that the camp operator maintains. Except as provided in subd. 2., a camp operator shall submit the plan with the camp operator's application under sub. (1) for a certificate to operate a migrant labor camp. The COVID-19 safety plan shall do all of the following:
a. Detail how the camp operator will provide housing that complies with par. (j) 1.
b. Identify the entity with whom the camp operator will work to provide COVID-19 testing and health care services to camp occupants.
c. Describe how the camp operator will implement recommendations of the department of health services for screening and testing camp occupants for COVID-19 and how the camp operator will assist camp occupants in obtaining COVID-19 vaccinations and recommended booster shots.
2. If a camp operator applied for a certificate for a migrant labor camp under sub. (1) before the effective date of this subdivision, the camp operator shall submit the COVID-19 safety plan required under subd. 1. to the department at the time that the department inspects the migrant labor camp.
3. If a camp operator is aware of the need for alternative housing described in par. (j) 5. at the time the camp operator submits a COVID-19 safety plan under subd. 1. or 2., the camp operator shall submit with the plan any variance requests required under par. (j) 5.
(L) A camp operator shall maximize the quantity and supply of outdoor air and increase filtration efficiency to the highest level compatible with the existing ventilation systems of the camp's buildings and housing units. Wherever possible, dormitory or barracks style housing without central ventilation systems shall use portable high-efficiency particulate air (HEPA) filtration systems if windows cannot be left open.
SECTION 4. DWD 301.07 (15) (n) is created to read:
DWD 301.07 (15) (n) High-touch areas within all toilet rooms, except in individual family units occupied exclusively by members of the same family, shall be cleaned and then disinfected daily.
SECTION 5. DWD 301.07 (16) (r) and (s) are created to read:
DWD 301.07 (16) (r) High-touch areas within all bathing, laundry, and handwashing facilities, except in family units occupied exclusively by members of the same family, shall be cleaned and then disinfected daily.
(s) Wherever possible, camp operators shall provide lockers or other storage devices for soiled laundry to keep individual worker's clothing separate.
SECTION 6. DWD 301.07 (17) (d) 3m. is created to read:
DWD 301.07 (17) (d) 3m. During shared meals or other events, kitchen and dining room tables shall be at least six feet apart wherever possible.
SECTION 7. DWD 301.07 (17) (e) and (f) are created to read:
DWD 301.07 (17) (e) Hand-washing stations and hand sanitizer with at least 60% ethanol and no methanol shall be provided to workers in all cooking and eating facilities.
(f) High-touch areas within all cooking and eating facilities, except in family units occupied exclusively by members of the same family, shall be cleaned and then disinfected daily.
SECTION 8. DWD 301.07 (20) (h), (i) and (j) are created to read:
DWD 301.07 (20) (h) Except for beds in family units occupied exclusively by members of the same family, wherever possible, all beds shall be separated by at least six feet. Bunk beds may be occupied if camp operators request camp occupants to sleep head-to-toe.
(i) Hand-washing stations and hand sanitizer with at least 60% ethanol and no methanol shall be made available to workers within sleeping facilities.
(j) Except in family units occupied exclusively by members of the same family, high-touch areas within sleeping facilities shall be cleaned and then disinfected daily.
SECTION 9. DWD 301.07 (21) (n) is created to read:
