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FARM WORKER EMPLOYER CHECKLIST
Here is a list of requirements for all agriculture employers (growers and farm labor contractors).
FIELD SANITATION
- One portable toilet per 20 people (same sex). Additional portable toilet is needed if one or more members of the opposite sex are part of that 20 people.
- Hand washing facility located in close proximity to toilet facility; a minimum of 15 gallons of potable water tank labeled “Not for Drinking.”
- Paper towels, hand soap and toilet paper for entire crew available at all times.
- Cool drinking water and single-use disposable cups available.
- First Aid Kits (signed off by a Doctor as per OSHA regulations)
- Heat stress training.
STATE LABOR STANDARDS (Department of Labor Standards Enforcement)
- Have required up-to-date posters posted at work site.
- Meet minimum wage and overtime requirements as per IWC.
- Follow all laws under appropriate IWC orders for job performed, such as hours, break and meal periods, tools, etc.
- Piece work rate must meet the appropriate minimum wage.
- Workers Compensation
- Payroll records: daily time sheets (showing meal periods), check registry, etc.
- Child labor laws – permit on file for minor to work and be employed (school permit required prior to employment).
SAFETY PROGRAM SB-198 (OSHA)
- Written training program.
- Safety meetings with employees.
- Hazardous communication information for employees working in the field or handling and application of pesticides.
- Emergency phone and facility notice posted (for medical emergencies and help).
UNITED STATES DEPARTMENT OF LABOR (U.S. DOL)
- Farm worker housing meets Federal and State Health and Safety Standards.
- Post the Migrant and Seasonal Agricultural Worker Protection Act poster.
- Follow all child labor laws.
- Current I-9 Forms (All employers must have their employees complete the I-9 & retain all forms for 3 years).
EMPLOYMENT DEVELOPMENT DEPARTMENT (EDD)
- Unemployment Insurance.
- Disability Insurance.
- Employment and Training tax (ETT)
- Personal Income Tax withholding (PIT), if applicable.
STATE FAIR EMPLOYMENT AND HOUSING
- Provide handout and training on sexual harassment.
- Follow State and Federal wage & hour requirements.
WHEN EMPLOYING SERVICES OF A FARM LABOR CONTRACTOR.
The farm labor contractor must have the following items:
- Appropriate State Bonds.
- Current Workers Compensation Insurance.
- Current State License – renewed each year.
- Current Federal License – renewed every two years.
- Foreman (crew boss) must have “Certificate of Registration” from the U.S. DOL.
- Completed I-9's on file.
- Safety Program (SB 198) & current sign off sheet showing each worker was trained.
- Payroll records: daily time sheets (showing meal periods), check registry, etc.
- Supply the grower with itemized pay roll each pay period as per State law.
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