Archived News Release--Caution:
information may be out of date.
For more information call: 202-219-8151
Next month, many farm workers will gain better field sanitation and
migrant housing protections and certain whistleblowers will see improved
safeguards against unlawful retaliation -- both the result of a Labor
Department reassignment plan aimed at bringing the best resources to serve the
needs of workers.
Starting Monday, Feb. 3, the department's Occupational Safety and Health
Administration (OSHA) will assume authority to investigate and resolve
complaints of on-the-job discrimination against workers who call attention to
violations of seven federal laws that protect the nation's air, water,
environment and nuclear facilities. OSHA already enforces whistleblower
protections under the Occupational Safety and Health Act, the Surface
Transportation Assistance Act, the Asbestos Hazard Emergency Response Act and
the International Safe Container Act.
OSHA will inherit its new whistleblower authority from the Wage and Hour
Division of the Employment Standards Administration (ESA) which, in turn, will
begin to oversee compliance with field sanitation and migrant housing standards
originally monitored by OSHA. Wage and Hour already enforces the Migrant and
Seasonal Agricultural Worker Protection Act which establishes labor standards
for migrant and seasonal farm labor plus agricultural standards under the Fair
Labor Standards Act.
"This is an example of the Clinton Administration's reinventing
government to provide more efficient service and better protection for American
workers," said Cynthia Metzler, acting secretary of labor. "OSHA has
considerable experience in enforcing whistleblower protections under a number
of laws, while the Wage and Hour Division has expertise in enforcing labor
standards that protect migrant farm workers. This exchange in the Department of
Labor plays to both agencies' strengths."
The Wage and Hour Division will enforce compliance by agricultural
employers of requirements for adequate drinking water, hand washing and toilet
facilities for farm workers as well as safe, sanitary housing in migrant labor
camps.
OSHA will retain jurisdiction over temporary labor camps for egg,
poultry or red meat production workers and for post-harvest processing of other
agricultural or horticultural commodities. These sectors have had significant
safety and health problems in the past.
Whistleblower protections now becoming OSHA's responsibility will
include actions under the Clean Air Act; Safe Drinking Water Act; Solid Waste
Disposal Act; Toxic Substances Act; Federal Water Pollution Control Act;
Comprehensive Environmental Response, Compensation and Liability Act and the
Energy Reorganization Act (which concerns nuclear energy). OSHA already has a
staff specifically assigned to investigate whistleblower violations, whereas
Wage and Hour had to use its general compliance staff for such investigations.
OSHA and the Wage and Hour Division conducted a two-year-long pilot
program on the exchange of responsibilities, tested in the region covering
Arkansas, Louisiana, Oklahoma and Texas, that proved satisfactory to both
agencies.
Nine of the 23 states and territories that have OSHA-approved state job
safety and health programs covering private sector employment will also
transfer authority for enforcing the field sanitation and migrant housing
standards in agriculture to the Wage and Hour Division. They are Alaska,
Indiana, Iowa, Kentucky, Minnesota, South Carolina, Utah, Virginia and Wyoming.
The 14 other states and territories with OSHA-approved state
occupational safety and health programs covering private sector employment will
retain enforcement authority for the field sanitation and migrant housing
standards. Those states are Arizona, California, Hawaii, Maryland, Michigan,
Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, Tennessee, Vermont,
Virginia and Washington.
Notice of the exchange of responsibilities between the two Labor
Department agencies appeared in the Federal Register of Jan. 2. Notice of the
transfer of authority from the nine state programs to the Wage and Hour
Division to enforce field sanitation and temporary labor camp standards
appeared in the Federal Register on Jan. 17.
Archived News Release--Caution:
information may be out of date.
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