['I-9s']
['International Labor']
09/28/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
(a) Use of mobile housing. An employer employing workers engaged in animal shearing or custom combining under this section and §§655.301 through 655.303 may use a mobile unit, camper, or other similar mobile housing unit that complies with all of the following standards, except as provided in paragraph (a)(1) or (2) of this section:
(1) In situations where the mobile housing unit will be located on the range (as defined in §655.201) to enable work to be performed on the range, and where providing housing that meets each of the standards for mobile housing in this section is not feasible, an employer may request a variance from the particular mobile housing standard(s) with which compliance is not feasible. The CO will specify the locations, dates, and specific variances, if approved. The following conditions must be satisfied for an employer to obtain a variance:
(i) The employer seeks the variance at the time it submits its Application for Temporary Employment Certification;
(ii) The employer identifies the particular mobile housing standard(s), and attests that compliance with the standard(s) is not feasible;
(iii) The employer identifies the location(s) in which the particular mobile housing standard(s) cannot be met;
(iv) The employer identifies the anticipated dates that the mobile housing unit will be in those location(s);
(v) The employer identifies the corresponding range housing standard(s) in §655.235 that will be met instead, and attests that it will comply with such standard(s);
(vi) The employer attests to the reason why the particular mobile housing(s) standard cannot be met; and,
(vii) The CO approves the variance.
(2) A Canadian employer performing custom combining operations in the United States whose mobile housing unit is located in Canada when not in use must have the housing unit inspected and approved by an authorized representative of the Federal or provincial government of Canada, in accordance with inspection procedures and applicable standards for such housing under Canadian law or regulation.
(b) Compliance with mobile housing standards. The employer may comply with the standards for mobile housing in this section in one of two ways:
(1) The employer may provide a mobile housing unit that complies with all applicable standards; or
(2) The employer may provide a mobile housing unit and supplemental facilities ( e.g., located at a fixed housing site) if workers are afforded access to all facilities contained in these standards.
(c) Housing site. (1) Mobile housing sites must be well drained and free from depressions where water may stagnate. They shall be located where the disposal of sewage is provided in a manner that neither creates, nor is likely to create, a nuisance or a hazard to health.
(2) Mobile housing sites shall not be in proximity to conditions that create or are likely to create offensive odors, flies, noise, traffic, or any similar hazards.
(3) Mobile housing sites shall be free from debris, noxious plants ( e.g., poison ivy, etc.), and uncontrolled weeds or brush.
(d) Drinking water supply. (1) An adequate and convenient supply of potable water that meets the standards of the local or State health authority must be provided.
(2) Individual drinking cups must be provided.
(3) A cold water tap shall be available within a reasonable distance of each individual living unit when water is not provided in the unit.
(4) Adequate drainage facilities shall be provided for overflow and spillage.
(e) Excreta and liquid waste disposal. (1) Toilet facilities, such as portable toilets, recreational vehicle (RV) or trailer toilets, privies, or flush toilets, must be provided and maintained for effective disposal of excreta and liquid waste in accordance with the requirements of the applicable local, State, or Federal health authority, whichever is most stringent.
(2) Where mobile housing units contain RV or trailer toilets, such facilities must be connected to sewage hookups whenever feasible ( i.e., in campgrounds or RV parks).
(3) If wastewater tanks are used, the employer must make provisions to regularly empty the wastewater tanks.
(4) If pits are used for disposal by burying of excreta and liquid waste, they shall be kept fly-tight when not filled in completely after each use. The maintenance of disposal pits must be in accordance with local and State health and sanitation requirements.
(f) Housing structure. (1) Housing must be structurally sound, in good repair, in a sanitary condition, and must provide shelter against the elements to occupants.
(2) Housing must have flooring constructed of rigid materials easy to clean and so located as to prevent ground and surface water from entering.
(3) Each housing unit must have at least one window or a skylight that can be opened directly to the outdoors.
(g) Heating. (1) Where the climate in which the housing will be used is such that the safety and health of a worker requires heated living quarters, all such quarters must have properly installed operable heating equipment that supplies adequate heat. Where the climate in which the housing will be used is mild and the low temperature for any day in which the housing will be used is not reasonably expected to drop below 50 degrees Fahrenheit, no separate heating equipment is required as long as proper protective clothing and bedding are made available, free of charge or deposit charge, to the workers.
(2) Any stoves or other sources of heat using combustible fuel must be installed and vented in such a manner as to prevent fire hazards and a dangerous concentration of gases. If a solid or liquid fuel stove is used in a room with wooden or other combustible flooring, there must be a concrete slab, insulated metal sheet, or other fireproof material on the floor under each stove, extending at least 18 inches beyond the perimeter of the base of the stove.
(3) Any wall or ceiling within 18 inches of a solid or liquid fuel stove or stove pipe must be made of fireproof material. A vented metal collar must be installed around a stovepipe or vent passing through a wall, ceiling, floor, or roof.
(4) When a heating system has automatic controls, the controls must be of the type that cuts off the fuel supply when the flame fails or is interrupted or whenever a predetermined safe temperature or pressure is exceeded.
(h) Electricity and lighting. (1) Barring unusual circumstances that prevent access, electrical service or generators must be provided.
(2) In areas where it is not feasible to provide electrical service to mobile housing units, lanterns must be provided ( e.g., battery operated lights).
(3) Lanterns, where used, must be provided in a minimum ratio of one per occupant of each unit.
(i) Bathing, laundry, and hand washing. (1) Bathing facilities, supplied with hot and cold water under pressure, shall be provided to all occupants no less frequently than once per day.
(2) Laundry facilities, supplied with hot and cold water under pressure, shall be provided to all occupants no less frequently than once per week.
(3) Alternative bathing and laundry facilities must be available to occupants at all times when water under pressure is unavailable.
(4) Hand washing facilities must be available to all occupants at all times.
(j) Food storage. (1) Provisions for mechanical refrigeration of food at a temperature of not more than 45 degrees Fahrenheit must be provided.
(2) When mechanical refrigeration of food is not feasible, the employer must provide another means of keeping food fresh and preventing spoilage ( e.g., a butane or propane gas refrigerator).
(k) Cooking and eating facilities. (1) When workers or their families are permitted or required to cook in their individual unit, a space must be provided with adequate lighting and ventilation, and stoves or hotplates.
(2) Wall surfaces next to all food preparation and cooking areas must be of nonabsorbent, easy to clean material. Wall surfaces next to cooking areas must be made of fire-resistant material.
(l) Garbage and other refuse. (1) Durable, fly-tight, clean containers must be provided to each housing unit, for storing garbage and other refuse.
(2) Provision must be made for collecting refuse, which includes garbage, at least twice a week or more often if necessary for proper disposal in accordance with applicable local, State, or Federal law, whichever is most stringent.
(m) Insect and rodent control. Appropriate materials, including sprays, and sealed containers for storing food, must be provided to aid housing occupants in combating insects, rodents, and other vermin.
(n) Sleeping facilities. (1) A separate comfortable and clean bed, cot, or bunk, with a clean mattress, must be provided for each person, except in a family arrangement.
(2) Clean and sanitary bedding must be provided for each person.
(3) No more than two deck bunks are permissible.
(o) Fire, safety, and first aid. (1) All units in which people sleep or eat must be constructed and maintained according to applicable local or State fire and safety law.
(2) No flammable or volatile liquid or materials may be stored in or next to rooms used for living purposes, except for those needed for current household use.
(3) Mobile housing units must have a second means of escape through which the worker can exit the unit without difficulty.
(4) Adequate, accessible fire extinguishers in good working condition and first aid kits must be provided in the mobile housing.
(p) Maximum occupancy. The number of occupants housed in each mobile housing unit must not surpass the occupancy limitations set forth in the manufacturer specifications for the unit.
[87 FR 61792, Oct. 12, 2022]
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['I-9s']
['International Labor']
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.