Chapter DWD 301

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 Note Note: 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 (d) is repealed eff. 1-1-2025 by CR 23-030.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.

DWD 301.09(2m)(e)3. 3. An employer shall allow and encourage workers to take a preventative cool-down rest in the shade at any time when they feel the need to do so to protect themselves from overheating. If a worker takes a preventative cool-down rest, all of the following apply:

DWD 301.09(2m)(e)3.a. a. The worker shall be monitored and asked if the worker is experiencing symptoms of heat illness.

DWD 301.09(2m)(e)3.b. b. The worker shall be encouraged to remain in the shade.

DWD 301.09(2m)(e)3.c. c. The worker may not be ordered back to work until any signs or symptoms of heat illness have abated or until 5 minutes after the worker obtained access to the shade, whichever is later.

DWD 301.09(2m)(e)4. 4. If a worker exhibits signs or reports symptoms of heat illness while taking a preventative cool-down rest under subd. 3., the employer shall provide appropriate first aid or emergency response as specified in the heat illness prevention plan established under par. (d) 2.

DWD 301.09(2m)(e)5. 5. When the outdoor temperature in a work area equals or exceeds 95 degrees Fahrenheit, an employer shall implement high heat procedures that provide for all of the following to the extent practicable:

DWD 301.09(2m)(e)5.a. a. Ensuring that effective communication by voice, observation, or electronic means is maintained so that workers at a work site can contact a supervisor 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)(e)5.b. b. Observing workers for alertness and signs or symptoms of heat illness.

DWD 301.09(2m)(e)5.c. c. Designating one or more employees at each work site as authorized to call for emergency medical services and allowing other employees to call for emergency medical services when no designated worker is available.

DWD 301.09(2m)(e)5.d. d. Reminding workers throughout the work shift to drink plenty of water.

DWD 301.09(2m)(e)5.e. e. Pre-shift meetings before the commencement of work to review the high heat procedures, encourage workers to drink plenty of water, and remind workers of their right under subd. 3. to take a preventative cool-down rest when necessary.

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 (e) is repealed eff. 1-1-2025 by CR 23-030.

DWD 301.09(7) (7) Variances.

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 History History: 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 DWD 301.13 Violation penalty fees.

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 Note Note: 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 History History: 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 DWD 301.135 Hearings.

DWD 301.135(1) (1) A person shall serve a written request for a hearing under s. DWD 301.05 (1) (c), 301.07 (1) (aw), or 301.13 (5) on the department by personal delivery or certified mail to the office of the secretary of the department.

DWD 301.135 Note Note: 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)(a) (a) A reasonable time and place of hearing.

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 History History: CR 23-030: cr. Register January 2024 No. 817, eff. 2-1-24.

DWD 301.14 DWD 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 Note Note: 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: [e-mail]. 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.

DWD 301.14 History History: CR 07-018: cr. Register December 2007 No. 624, eff. 1-1-08; CR 23-030: am. Register January 2024 No. 817, eff. 2-1-24.