§1823 — Title 29 Labor | U.S. Code

Summary

Owners or managers of housing for migrant farmworkers must make sure the place meets all federal and state health and safety rules. Before workers move in, a state or local health agency must say the housing meets those rules and a copy of that certificate must be posted at the site. Posting the certificate does not remove the owner’s duty to keep the housing safe. The owner must keep the original certificate for three years and let inspectors review it under section 1862. If an inspection was asked for at least 45 days before move-in and the agency hasn’t inspected by then, workers may occupy the housing. This does not apply to businesses that normally rent housing to the general public on a commercial basis and offer migrant workers the same type and terms of housing as the public.

Title 29, §1823

Labor — Source: USLM XML via OLRC

(a)Except as provided in subsection (c), each person who owns or controls a facility or real property which is used as housing for migrant agricultural workers shall be responsible for ensuring that the facility or real property complies with substantive Federal and State safety and health standards applicable to that housing.

(b)(1)Except as provided in subsection (c) and paragraph (2) of this subsection, no facility or real property may be occupied by any migrant agricultural worker unless either a State or local health authority or other appropriate agency has certified that the facility or property meets applicable safety and health standards. No person who owns or controls any such facility or property shall permit it to be occupied by any migrant agricultural worker unless a copy of the certification of occupancy is posted at the site. The receipt and posting of a certificate of occupancy does not relieve any person of responsibilities under subsection (a). Each such person shall retain the original certification for three years and shall make it available for inspection and review in accordance with section 1862 of this title.

(2)Notwithstanding paragraph (1) of this subsection, if a request for the inspection of a facility or real property is made to the appropriate State or local agency at least forty-five days prior to the date on which it is occupied by migrant agricultural workers and such agency has not conducted an inspection by such date, the facility or property may be so occupied.

(c)This section does not apply to any person who, in the ordinary course of that person’s business, regularly provides housing on a commercial basis to the general public and who provides housing to migrant agricultural workers of the same character and on the same or comparable terms and conditions as is provided to the general public.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97–470, set out as a note under section 1801 of this title.

§1823 Safety and health of housing

Summary

Title 29, §1823

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata