(H-2A only) Are you providing free housing that meets OSHA 29 C.F.R. § 1910.142 plus daily transportation between housing and worksite?
H-2A housing is regulated under both DOL (20 CFR § 655.122(d)) and OSHA (29 CFR § 1910.142) and inspected by the State Workforce Agency. California adds Cal/OSHA standards. Required: 50 sq ft per person, 100 ft set-back from livestock, hot/cold running water, OSHA-compliant electrical, fire extinguishers, screened windows, refrigeration, cooking facilities, sanitation. Daily transportation must be free, safe (commercial driver, FMCSA-compliant if over 9 passengers), and accident-insured. Failure of *any* one element delays the entire arrival of workers.
Context & Examples
Real example — Stockton tomato operation. Client built two new bunkhouses at 60 sq ft per worker (10 sq ft above minimum), installed Cal/OSHA-compliant electrical with GFCI throughout, contracted a commercial van service for the daily ride to the field with FMCSA registration, and we walked the SWA inspector through both buildings 14 days before the workers' scheduled arrival. Inspection passed. 32 workers arrived on schedule. Zero housing-related complaints.
Horror story — Lodi vineyard 2022. A grower converted an old grape-packing shed into housing without permits. SWA inspector found: insufficient ventilation, exposed wiring, no fire suppression, no sanitation for 14 of the 18 workers, and the cooking facility was a propane camp stove on a wooden floor. Inspection failed. Workers' arrival delayed 6 weeks while emergency renovations happened. The grower lost the early Zinfandel harvest. Total cost of the renovation + lost harvest + emergency motel housing for late-arriving workers: $340,000.
Why an attorney is essential: Housing inspection failure is the single most common reason H-2A workers arrive late. We do a pre-inspection walkthrough 30 days before the SWA inspection to give you time to cure.
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