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COVID-19 Foreign Labor Certification Programs

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 e-mail 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: COVID19 SANITATION MEASURES & FLC ADVISOTY DPH

Due to the unprecedented impact of COVID-19 we are closed to the public. The primary objective of the Farm Labor Camp Self-Inspection protocol is to prevent workplace exposure to employers and MDCS staff while continuing core operations under the State of Emergency Declaration. We will reopen as soon as it is safe to do so. The protocol was developed in coordination with the MA Department of Public Health (DPH).

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 ES 338 form and the self-inspection checklist to our inspection staff, immediately after completion of the self-inspection. 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 checklist:
    • If the statement is correct, check YES,
    • If the statement is incorrect, check NO and briefly state 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 ES 338 and the self-inspection checklist
  4. Include support documentation for all repairs, and
  5. E-mail 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)      ES 338

3)      Housing Inspection Ratios

4)      https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.142

5)      https://www.mass.gov/files/documents/2017/09/11/105cmr420.pdf

COVID-19 RESOURCES

Centers for Disease Control and Prevention
Interim Guidance from CDC and the U.S. Department of Labor for Agriculture Workers and Employer

U.S. Department o of Labor (DOL) Employment and Training Administration (ETA)
General information: https://www.dol.gov/coronavirus

U.S. DOL, ETA, Office of Foreign Labor Certification (OFLC)
Foreign Labor Certification Programs: https://www.foreignlaborcert.doleta.gov/

U.S. DOL, Wage and Hour Division (WHD)
General Information: https://www.dol.gov/agencies/whd/pandemic
U.S. DOL, WHD (Agriculture): https://www.dol.gov/agencies/whd/agriculture

U.S. Citizenship and Immigration Services (USCIS)
https://www.uscis.gov/about-us/uscis-response-coronavirus-2019-covid-19

U.S. Department of State, Bureau of Consular Affairs
https://travel.state.gov/content/travel/en/international-travel.html

Massachusetts Department of Agricultural Resources
BULLETIN 2020-18 FARM LABOR MANAGEMENT
Considerations for Fruit and Vegetable Growers Related to Coronavirus & COVID-19

Massachusetts Department of Public Health (MDPH)
https://www.mass.gov/resource/information-on-the-outbreak-of-coronavirus-disease-2019-covid-19

Farm Labor Camp Information: https://www.mass.gov/lists/farm-labor-camps-community-sanitation

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

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

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

Connecticut River Valley Farmworker Health Program (CRVFHP)

http://www.massleague.org/Programs/CRVFarmWorkerHealthProgram/AboutCRVFHP-English.php

PRINT RESOURCES

Fact Sheets and Posters

U.S. Department of Labor

Centers for Decease Control and Prevention (CDC)

Print Resources

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