Migrant Housing Act of North Carolina: Difference between revisions
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According to the Center for Worker Health at [[Wake Forest University School of Medicine]], 27 camps (both H2A and non-H2A residents) were inspected in 2008. All 27 camps had at least one NCDOL housing violation; 41% had 6-10 violations, 18% had 11-16 violations, and 26% had 3-5 violations. The most common violations include no resident trained in First Aid and trash cans were missing a lid. Other major violations that occured frequently include insufficient space in bedrooms, insufficient laundry facilities, and rodent infestation. The Center for Worker Health states that possible explanations for these violations include that the housing exceeds capacity for which it was certified by the NCDOL, employers fail to properly maintain the camps post-inspection, and that inspections are prioritized for H2A-residential camps. Recommendations by the Center for Worker Health include increased number of inspectors and post-occupancy inspections, as well as expand efforts to identify and inspect unregistered camps <ref>Center for Worker Health. Website: http://www.ncfan.org/storage/HOUSING%20CONDITIONS%20PB%20101122%20nodraft%20copy.pdf</ref>. |
According to the Center for Worker Health at [[Wake Forest University School of Medicine]], 27 camps (both H2A and non-H2A residents) were inspected in 2008. All 27 camps had at least one NCDOL housing violation; 41% had 6-10 violations, 18% had 11-16 violations, and 26% had 3-5 violations. The most common violations include no resident trained in First Aid and trash cans were missing a lid. Other major violations that occured frequently include insufficient space in bedrooms, insufficient laundry facilities, and rodent infestation. The Center for Worker Health states that possible explanations for these violations include that the housing exceeds capacity for which it was certified by the NCDOL, employers fail to properly maintain the camps post-inspection, and that inspections are prioritized for H2A-residential camps. Recommendations by the Center for Worker Health include increased number of inspectors and post-occupancy inspections, as well as expand efforts to identify and inspect unregistered camps <ref>Center for Worker Health. Website: http://www.ncfan.org/storage/HOUSING%20CONDITIONS%20PB%20101122%20nodraft%20copy.pdf</ref>. |
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==The debate of the law== |
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==Amending S.B. 631== |
==Amending S.B. 631== |
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Revision as of 00:14, 25 April 2011
The Migrant Housing Act (MHA) of North Carolina (S.B. 631) was made into law in the U.S. state of North Carolina in 1989. It governs migrant workers housing through regulations of housing inspections, standards to be met, and recognition of housing that meets all standards and requirements after the pre-occupancy inspection is done by the North Carolina Department of Labor and the local county health department.
Background
Migrant workers can be defined as people who come from their home country to the United States legally, typically with limited benefits, to work in a variety of industries such as furniture, agriculture, and construction [1]. An H-2A visa allows a foreign national entry into the U.S. for temporary or seasonal agricultural work. Typically, migrant workers make low wages, have limited access to healthcare and other medical facilities, and work for extremely long periods of time in extreme and often hazardous conditions [2]. North Carolina is a state that thrives off of farmworker labor as it is home to Christmas tree farms, tomato farms, poultry factories, and tobacco fields.
In 1986, the United States Department of Labor passed the Migrant and Seasonal Agricultural Workers Protection Act that regulated many aspects of migrant workers housing and working conditions. Section 203, "Safety and Health of Housing," focused on the properties and their conditions that migrant workers lived on [3]. The Migrant Housing Act of North Carolina (S.B. 631) was ratified in 1989 and implemented in 1990, and established certain requirements for employers who employed and housed migrant workers, such as required housing inspections and standards.[4] Since then, the N.C. Department of Labor has conducted an annual housing registration, inspection and compliance program. The Act also requires that if a grower/owner provides housing to one or more migrant workers on a seasonal basis, then they are covered by the act except for housing in commercial lodging, such as a motel, or if the housing is owner-occupied[5]. The NCDOL Agricultural Safety and Health Bureau conducts pre-occupancy inspections of migrant housing. Housing must meet occupational safety and health standards and specific standards for heat, fire protection and kitchen sanitation. Migrant housing should be registered at least 45 days prior to occupancy. Housing that does not meet the standards can result in fines and abatement requirements for the owners.[6]
Policy Process & Enacting Legislation
The policy formulation officially began in 1986 when advocates of stricter regulations began raising their voices and concerns about the impact of housing standards on migrant workers.
House of Representatives bill
S.B. 631 was introduced to the North Carolina House of Representatives for the first time on April 21, 1989 as, “An act to consolidate the regulation of migrant housing within the Department of Labor and to establish standards and enforcement provisions for the regulation of migrant housing.” The bill was referred to the Committee on Commerce.[7] On May 8, S.B. 631 was enrolled and duly ratified, and then sent to the office of the Secretary of State/North Carolina General Assembly. The bill at this point was also being referred to as “Chapter 91”.[8]
Senate bill
On March 23, S.B. 631 was addressed in North Carolina Senate and referred to Agriculture Committee and re-referred to Manufacturing and Labor Committee and Appropriations Committee. Senator Speed sponsored S.B. 631 in Senate. April 17 marked the date of the completion of the N.C. General Assembly Legislative Fiscal Note , written and prepared by Legislator Carol Shaw and sponsored by Senator Speed. The fiscal note provided great detail to the fiscal responsibilities of the S.B. 631, especially the reorganization of the added employees within the Department of Labor to assist in migrant inspections. On May 8, Senate enrolled S.B. 631 and it was duly ratified and sent to the office of the Secretary of State.[8]
In addition to the Migrant Housing Act of North Carolina,[4] the NCDOL Agricultural Safety and Health Bureau enforces the Occupational Safety and Health Standards for Agriculture, 29 CFR 1928.[9] The N.C. General Assembly amended the Migrant Housing Act in 2007 to require owners and operators of migrant housing to provide migrant workers a bed with “a mattress in good repair with a clean cover” and to add additional regulatory and reporting requirements for the Department of Labor.[10]
Funding the legislation also sparked debate due to the nature of the work and the large territory that must be accounted for. When S.B. 631 was passed, $278,638 was appropriated for the remainder of fiscal year 1989-1990, and then $493,154 was appropriated for fiscal year 1990-1991. This budget included salaries for director, secretary, clerk, field supervisor, and 10 migrant inspectors, as well as benefits and other costs that come with operating a business or organization [11]
About the Act
People who provide housing to one or more migrants employed in agriculture on a seasonal basis are covered by the Migrant Housing Act of North Carolina. People who own housing used by migrants (whether their employees or not) or who make arrangements to use someone else’s property to house migrant employees must make sure that the housing meets the standards and that the N.C. Department of Labor is notified prior to the migrants moving in.
The law excludes from coverage commercial lodging, such as motels open to the general public, and owner-occupied homes. The law covers any other housing in which migrants live—even if that housing is occupied year-round by other farmworkers. The law extends to migrants working in crab processing facilities and migrants cultivating and harvesting Christmas trees.
People covered under the act must register the housing with the N.C. Department of Labor's Agricultural Safety and Health Bureau 45 days before the migrants' arrival date. The Agricultural Safety and Health Bureau will do a preoccupancy inspection of the housing. Water and sewage inspections have to be done by the county health department before the Agricultural Safety and Health Bureau will do its preoccupancy inspection. If the housing meets all of the requirements, the NCDOL inspector will issue a certificate allowing the housing to be used. If the housing does not meet all of the requirements, the inspector will note what must be fixed. The inspector may have to return to do another inspection before migrants are allowed to move in.[10]
In 2009, the Agricultural Safety and Health Bureau completed 1,367 preoccupancy housing inspections of migrant farmworker housing and 68 compliance inspections. Certificates were issued to 1,285 sites with total occupancy (beds) of 14,442. There were 799 sites in 100 percent compliance at time of inspection.[12]
Gold Star Growers
The Gold Star Grower program recognizes growers who house or are responsible for housing migrant workers that meet all of the requirements stated in the Migrant Housing Act of N.C. at the time of inspection from the DOL and the county's health department. If this process is done two years in a row, the Gold Star Grower could be nominated to display a Gold Star Grower's flag at the housing site. The flag is considered an award from the DOL and shows the the grower is committed to safe, well-maintained housing for his/her workers. This nomination process all includes site visits during occupancy, interviews (with grower and/or tenants), and pesticide training for grower and workers [13].
Standards to be ensured compliance before occupancy
The following standards must be met before occupancy can occur. These standards will be inspected by the NCDOL and the county's health department, and could be inspected by the federal Wage & Hour Division, if necessary.
For complete listing of each specific standard, please visit Migrant Housing Standards, see page 2 of document.
Housing Site:
1) Must be well-drained and not within 200 feet of standing water unless treated for mosquitoes.
2) Cooking and sleeping areas must be at least 500 feet away from any livestock unless it's deemed safe or if it's a hen house.
3) Space must be kept clean during occupancy and must be cleaned after occupants move out.
Structures:
1) The structure must protect tenants from the weather and must have no holes in the flooring, walls, or ceiling.
2) Ceilings must be at least 7 feet high unless there is permission on previously manufactured home with smaller than 7 foot high ceilings.
3) Bedroom must be at least 50 square feet per occupant. If occupants cook, live, and sleep in same space, then 100 square feet must be provided, per occupant.
4) Floors must be made of wood, concrete, or asphalt. If made of wood, it must be smooth and tight, and must be elevated at least 1 foot above the ground.
5) ******
Findings
According to the Center for Worker Health at Wake Forest University School of Medicine, 27 camps (both H2A and non-H2A residents) were inspected in 2008. All 27 camps had at least one NCDOL housing violation; 41% had 6-10 violations, 18% had 11-16 violations, and 26% had 3-5 violations. The most common violations include no resident trained in First Aid and trash cans were missing a lid. Other major violations that occured frequently include insufficient space in bedrooms, insufficient laundry facilities, and rodent infestation. The Center for Worker Health states that possible explanations for these violations include that the housing exceeds capacity for which it was certified by the NCDOL, employers fail to properly maintain the camps post-inspection, and that inspections are prioritized for H2A-residential camps. Recommendations by the Center for Worker Health include increased number of inspectors and post-occupancy inspections, as well as expand efforts to identify and inspect unregistered camps [15].
The debate of the law
Amending S.B. 631
Farmworker advocates encouraged the N.C. General Assembly to adopt changes to the North Carolina Migrant Housing Act of North Carolina in 2007. The changes included adding a requirement that housing providers furnish a bed with a mattress and a mattress cover. Due to this change, this law is often reffered to as the "mattress bill." Another change to the act requires the inspectors to provide operators with a copy of the guide for employers on compliance with the Immigration and Nationality Act published by the U.S. Department of Justice.[4]
References
- ^ "Who are the farmworkers?". NCFHP. 31 March 2011. Retrieved 15 February 2011.
- ^ NC Farmworker Institute (31 March 2011). "About farmworkers". NC FAN. Retrieved 15 February 2011.
- ^ "The Migrant and Seasonal Agricultural Worker Protection Act (MSPA)". United States Department of Labor. 31 March 2011. Retrieved 17 February 2011.
- ^ a b c http://www.ncleg.net/enactedlegislation/statutes/html/byarticle/chapter_95/article_19.html
- ^ Introduction to Migrant Housing Standards <http://www.nclabor.com/ash/ash_blue_book.pdf>
- ^ http://www.nclabor.com/ash/ash.htm
- ^ North Carolina House Journal. (1990). Retrieved various parts pertaining to S. B. 631 (p. 442, p. 644).
- ^ a b North Carolina Senate Journal. (1990). Retrieved various parts pertaining to S. B. 631 (p. 221, p. 488).
- ^ http://www.nclabor.com/ash/publications/ASH_Standards.pdf
- ^ a b http://www.nclabor.com/ash/ash_blue_book.pdf
- ^ Shaw, L. C. (1989). North carolina general assembly legislative fiscal note: “Migrant housing law changes”.
- ^ http://www.nclabor.com/news/2009_Annual_Report.pdf
- ^ Gold Star Grower Program <http://www.nclabor.com/ash/goldstar.htm
- ^ http://www.nclabor.com/ash/ash_blue_book.pdf
- ^ Center for Worker Health. Website: http://www.ncfan.org/storage/HOUSING%20CONDITIONS%20PB%20101122%20nodraft%20copy.pdf
External links
Harvest of Dignity | url = http://www.youtube.com/watch?v=RouPml-offE | access date = 6 April 2011
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