Foreign Labor Certification (FLC) Program General Information

MDCS Response – COVID-19 Foreign Labor Certification Programs

In response to the ongoing COVID-19 emergency, the MassHire Department of Career Services, Foreign Labor Certification (FLC) program has temporarily moved to email and telephone communication only.

Through the COVID-19 emergency, we remain operational and committed to assist you.

To contact FLC staff, you may e-mail us at:

You may also call our general assistance line at: (617) 626-5300.

H-2A Filling (no change)

H-2B Filing (no change)

Farm Labor Camp Inspections

Update: COVID-19 SANITATION MEASURES and FLC ADVISORY Department of Public Health

This Self-Inspection Checklist is to provide growers with a tool to satisfy the minimum inspection requirements promulgated at 29 CFR 500.130 – 135, 20 CFR 654.400, 20 CFR 653.501, 20 CFR 655.122(d)(1) and MGL 128G during the COVID-19 emergency.

Federal and State Farm Labor Camp (FLC) standards require that agricultural employers or FLC operators or his/her agent ensure that the labor camp area, structures, toilets, showers, and other facilities are maintained and inspected at least once a week. The regulations also requires that any broken or damaged property be repaired within 5 calendar days.

MDCS through this interim protocol will require the submittal of the completed Form ES-338 Form and the Self-Inspection Checklist to our inspection staff, immediately after completion of the Self-Inspection Checklist. This will allow for the timely processing of your job order and help minimize any potential delays.

General Instructions

  1. Employer/Operator must complete the Self-Inspection Checklist upon receipt.
  2. Completing the Self-Inspection Checklist:
    • If the statement is correct, check "Yes",
    • If the statement is incorrect, check "No", and briefly state the corrective action taken to fix or repair the violation, and
    • If the statement is not applicable, write "N/A" on the appropriate box.
  3. Review, sign and date the Form ES-338 and the Self-Inspection Checklist
  4. Include support documentation for all repairs, and
  5. Email the completed forms to: H2Aprogram@detma.org

Note: Any repairs must be completed within 5 calendar days. Once the emergency is over, MDCS will inspect your labor camp.

  1. It is highly recommended to keep the completed forms with other related camp documents. Keeping maintenance records will help growers reduce the risk of fines by enforcement agencies.

Attachments:

  1. Self-Inspection Checklist
  2. Form ES 338
  3. Housing Inspection Ratios
  4. osha.gov/laws-regs/regulations/standardnumber/1910/1910.142
  5. mass.gov/files/documents/2017/09/11/105cmr420.pdf

COVID-19 Resources

United State Department of Agriculture (USDA): https://www.usda.gov/coronavirus

Massachusetts Department of Agricultural Resources (MDAR):
mass.gov/guides/covid-19-resources-for-agriculture

Massachusetts League of Community Health Centers: massleague.org/index.php

Connecticut River Valley Farmworker Health Program (CRVFHP): crvfhp.org

Fact Sheets and Posters:

U.S. Department of Labor:
Families First Coronavirus Response Act (FFCRA):

H-2A Program:

Centers for Decease Control and Prevention (CDC):

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