Section DWD 301.09 - [Effective 1/1/2025] Field sanitation standards(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.Wis. Admin. Code Department of Workforce Development DWD 301.09
Cr. Register, October, 1985, No. 358, eff. 1-1-86, emerg. cr. (7), eff. 2-10-86; r. (1) (b), renum. (1) (a) to be (1), cr. (7), Register, June, 1986, No. 366, eff. 7-1-86; renum. from Ind 201.09 and am. (7) (a), Register, February, 1993, No. 446, eff. 3-1-93; correction in (6) made under s. 13.93(2m) (b) 1, Stats., Register, December, 1997, No. 504; CR 07-018: am. (2) (c) Register December 2007 No. 624, eff. 1-1-08.Amended by, CR 23-030: r. (intro.), renum. (1) to (1m) (b) and am., cr. (1m) (title), (a), renum. (2) (title) to (1m) (c) (title), renum. (2) (a) to (1m) (c) and am., r. (2) (b), (c), cr. (2m) (title), (a), cr. (2m) (d), (e), r. (2m) (d), (e), renum. (3) (title) to (2m) (b) (title), renum. (3) to (2m) (b) 1. and am., renum. (4) (title) to (1m) (d) (title), renum. (4) (a), (b), (c) to (1m) (d) 1., (2m) (b) 2., (1m) (d) 2. and am., r. (4) (d), renum. (5) to (2m) (c) and am., r. (6) (title), renum. (6) (a), (b) to DWD 301.015 (13), (14) and am., r. (6) (c), (d), renum. (6) (e) to DWD 301.015 (24), r. (6) (f), am. (7) (a) to (c), r. (7) (d) Register January 2024 No. 817, eff. 2/1/2024, except (2m) (d), (e) repealed eff. 1/1/2025.