Wisconsin Administrative Code
Department of Workforce Development
DWD 301 - Migrant Labor
Chapter DWD 301 - Migrant Labor
Section DWD 301.09 - Field sanitation standards
Universal Citation: WI Admin Code ยง DWD 301.09
Current through February 26, 2024
(1m) OPERATIONS WITH 6 OR MORE MIGRANT WORKERS.
(a)
Applicability. This subsection applies to operations where 6
or more migrant workers are engaged in hand labor.
(b)
Toilet facilities.
Toilet facilities shall be provided in the ratio of one facility per every 20
workers engaged in hand labor, regardless of gender, and located within
one-fourth mile of each worker's work place in the field or, if not feasible,
at the closest vehicular access to the work place. Toilet facilities shall have
doors than can be closed and latched from the inside.
(c)
Handwashing facilities.
Handwashing facilities shall be provided in the ratio of one facility per every
20 workers engaged in hand labor, regardless of gender, and located within
one-fourth mile of each worker's work place in the field, or if not feasible,
at the closest vehicular access to the work place.
(d)
Maintenance.
1. Toilet and handwashing facilities required
under this subsection shall be clean and sanitary and the toilet facilities
shall be provided with an adequate supply of toilet paper.
2. Disposal of wastes from facilities serving
workers engaged in hand labor shall not cause unsanitary conditions.
(2m) ALL OPERATIONS.
(a)
Applicability. This
subsection applies to operations where any number of migrant workers are
engaged in hand labor.
(b)
Drinking water.
1. Potable
drinking water to meet the needs of workers engaged in hand labor shall be
provided at a readily accessible location. The water provided to the workers
shall be suitably cool. A supply of water shall be available in sufficient
quantity at the beginning of the work shift to provide one quart per worker per
hour for drinking for the entire shift. Employers may begin the shift with
smaller quantities of water if they have effective procedures for replenishment
during the shift as needed to allow workers to drink one quart or more per
hour. The water shall be dispensed in single serving drinking cups or water
bottles. The use of common drinking cups or dippers is prohibited.
2. Potable water containers for workers
engaged in hand labor shall be covered, cleaned, and refilled daily or more
often as necessary.
(c)
Reasonable opportunity. Workers engaged in hand labor shall be
allowed reasonable opportunities during the workday to hydrate and use toilet
and handwashing facilities.
(d)
Heat illness.
1. 'Signs or
symptoms.'
a. If a supervisor observes or any
worker reports any signs or symptoms of heat illness in any worker engaged in
hand labor, the employer shall take immediate action commensurate with the
severity of the illness.
b. The
employer shall implement emergency response procedures if the signs or symptoms
under subd. 1. a. are indicators of severe heat illness, such as decreased
level of consciousness, staggering, vomiting, disorientation, irrational
behavior, or convulsions.
c. The
employer shall monitor a worker engaged in hand labor who exhibits signs or
symptoms of heat illness and, before allowing the worker to be left alone or
return to the worker's housing, provide for first aid or emergency medical
services in accordance with the heat illness prevention plan required under
subd. 2.
2. 'Heat
illness prevention plan.' An employer shall establish, implement, and maintain,
an effective heat illness prevention plan. The plan shall be in writing in
English and in the language of occupants if other than English. The employer
shall make the plan available at the migrant labor camp and, upon request, to
representatives of the department. The plan shall include procedures for
complying with sub. (2m) (b) and par. (e) and effective emergency response
procedures that provide for all of the following:
a. Ensuring that effective communication by
voice, observation, or electronic means is maintained so that workers engaged
in hand labor can contact a supervisor or emergency medical services 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.
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.
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.
d. Ensuring that, in
emergencies, clear and precise directions to the migrant labor camp are
provided as needed to emergency responders.
Note: Par. (d) is repealed eff. 1-1-2025 by CR 23-030.
(e)
Access to shade.
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.
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.
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:
a. The worker shall be
monitored and asked if the worker is experiencing symptoms of heat
illness.
b. The worker shall be
encouraged to remain in the shade.
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.
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.
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:
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.
b. Observing workers for
alertness and signs or symptoms of heat illness.
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.
d. Reminding
workers throughout the work shift to drink plenty of water.
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.
Note: Par. (e) is repealed eff. 1-1-2025 by CR 23-030.
(7) VARIANCES.
(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.
(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.
(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.
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