Wisconsin Legislature: DWD 301.07(22)(c)1.

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)(22) Camp operators’ and occupants’ responsibilities.

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)(b) A camp operator or agent shall do all of the following:

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)(c) Each occupant shall do all of the following:

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)(23) Inspection.

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)(a)1.1. Normal daytime business hours for investigation of employers’ records.

DWD 301.07(23)(a)2.2. Between sunrise and sunset for investigation of all other matters.

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 NoteNote: An explanation of the communicable disease reporting requirements under s. DHS 145.04 (3) is available at https://www.dhs.wisconsin.gov/disease/reporting.htm.

DWD 301.075(2)(2) A camp operator shall do all of the following:

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 301.08DWD 301.08 Wages.

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)(5)

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 301.09DWD 301.09 Field sanitation standards.

DWD 301.09(1m)(1m) Operations with 6 or more migrant workers.

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)(d) Maintenance.

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)(2m) All operations.

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)(b) Drinking water.

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(2m)(d)(d) Heat illness.

DWD 301.09(2m)(d)1.1. ‘Signs or symptoms.’

DWD 301.09(2m)(d)1.a.a. If a supervisor observes or any worker reports any signs or symptoms of heat illness in any worker engaged in hand labor, the employer shall take immediate action commensurate with the severity of the illness.

DWD 301.09(2m)(d)1.b.b. The employer shall implement emergency response procedures if the signs or symptoms under subd. 1. a. are indicators of severe heat illness, such as decreased level of consciousness, staggering, vomiting, disorientation, irrational behavior, or convulsions.

DWD 301.09(2m)(d)1.c.c. The employer shall monitor a worker engaged in hand labor who exhibits signs or symptoms of heat illness and, before allowing the worker to be left alone or return to the worker’s housing, provide for first aid or emergency medical services in accordance with the heat illness prevention plan required under subd. 2.

DWD 301.09(2m)(d)2.2. ‘Heat illness prevention plan.’ An employer shall establish, implement, and maintain, an effective heat illness prevention plan. The plan shall be in writing in English and in the language of occupants if other than English. The employer shall make the plan available at the migrant labor camp and, upon request, to representatives of the department. The plan shall include procedures for complying with sub. (2m) (b) and par. (e) and effective emergency response procedures that provide for all of the following:

DWD 301.09(2m)(d)2.a.a. Ensuring that effective communication by voice, observation, or electronic means is maintained so that workers engaged in hand labor can contact a supervisor or emergency medical services when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable.

DWD 301.09(2m)(d)2.b.b. Responding to signs and symptoms of possible heat illness of workers engaged in hand labor, including first aid measures and procedures for providing emergency medical services.

DWD 301.09(2m)(d)2.c.c. Contacting emergency medical services and, if necessary, transporting workers engaged in hand labor to a place where they can be reached by an emergency medical services provider.

DWD 301.09(2m)(d)2.d.d. Ensuring that, in emergencies, clear and precise directions to the migrant labor camp are provided as needed to emergency responders.

DWD 301.09 NoteNote: Par. (d) is repealed eff. 1-1-2025 by CR 23-030.

DWD 301.09(2m)(e)(e) Access to shade.

DWD 301.09(2m)(e)1.1. When the outdoor temperature in a work area exceeds 80 degrees Fahrenheit, an employer shall maintain one or more areas with shade at all times while workers are present that are either open to the air or provided with ventilation or cooling. The amount of shade present shall be at least enough to accommodate the number of workers resting or taking outdoor meals so that they can sit fully in the shade in a normal posture without being in physical contact with each other. The shade shall be located as close as practicable to the areas where workers are working.

DWD 301.09(2m)(e)2.2. When the outdoor temperature in a work area does not exceed 80 degrees Fahrenheit, an employer shall either provide shade that complies with subd. 1. or provide timely access to shade upon a worker’s request.