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301 Part 655—Temporary Employ

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301 Part 655—Temporary Employ Employment and Training Administration, Labor Pt. 655 must be in proper proportion to the ca- maintained in accordance with applica- pacity of the housing and must be sepa- ble State or local fire and safety laws. rate from the sleeping quarters. The (b) In family housing and housing physical facilities, equipment, and op- units for less than 10 persons, of one eration must be in accordance with story construction, two means of es- provisions of applicable State codes. cape must be provided. One of the two (d) Wall surface adjacent to all food required means of escape may be a preparation and cooking areas must be readily accessible window with an of nonabsorbent, easily cleaned mate- openable space of not less than 24 × 24 rial. In addition, the wall surface adja- inches. cent to cooking areas must be of fire- (c) All sleeping quarters intended for resistant material. use by 10 or more persons, central din- § 654.414 Garbage and other refuse. ing facilities, and common assembly rooms must have at least two doors re- (a) Durable, fly-tight, clean con- motely separated so as to provide al- tainers in good condition of a min- ternate means of escape to the outside imum capacity of 20 gallons, must be or to an interior hall. provided adjacent to each housing unit for the storage of garbage and other (d) Sleeping quarters and common as- refuse. Such containers must be pro- sembly rooms on the second story must vided in a minimum ratio of 1 per 15 have a stairway, and a permanent, af- persons. fixed exterior ladder or a second stair- (b) Provisions must be made for col- way. lection of refuse at least twice a week, (e) Sleeping and common assembly or more often if necessary. The dis- rooms located above the second story posal of refuse, which includes garbage, must comply with the State and local must be in accordance with State and fire and building codes relative to mul- local law. tiple story dwellings. (f) Fire extinguishing equipment § 654.415 Insect and rodent control. must be provided in a readily acces- Housing and facilities must be free of sible place located not more than 100 insects, rodents, and other vermin. feet from each housing unit. Such equipment must provide protection § 654.416 Sleeping facilities. equal to a 21⁄2 gallon stored pressure or (a) Sleeping facilities must be pro- 5-gallon pump-type water extinguisher. vided for each person. Such facilities (g) First aid facilities must be pro- must consist of comfortable beds, cots, vided and readily accessible for use at or bunks, provided with clean mat- all time. Such facilities must be equiv- tresses. alent to the 16 unit first aid kit rec- (b) Any bedding provided by the ommended by the American Red Cross, housing operator must be clean and and provided in a ratio of 1 per 50 per- sanitary. sons. (c) Triple deck bunks may not be pro- (h) No flammable or volatile liquids vided. or materials must be stored in or adja- (d) The clear space above the top of cent to rooms used for living purposes, the lower mattress of a double deck except for those needed for current bunk and the bottom of the upper bunk household use. must be a minimum of 27 inches. The (i) Agricultural pesticides and toxic distance from the top of the upper mat- chemicals may not be stored in the tress to the ceiling must be a minimum housing area. of 36 inches. (e) Beds used for double occupancy may be provided only in family accom- PART 655—TEMPORARY EMPLOY- modations. MENT OF FOREIGN WORKERS IN THE UNITED STATES § 654.417 Fire, safety, and first aid. (a) All buildings in which people Sec. sleep or eat must be constructed and 655.0 Purpose and scope of part. 301 VerDate Sep<11>2014 09:34 Sep 30, 2020 Jkt 250068 PO 00000 Frm 00311 Fmt 8010 Sfmt 8010 Y:\SGML\250068.XXX 250068 Pt. 655 20 CFR Ch. V (4–1–20 Edition) 655.00 Authority of the Office of Foreign 655.47 Referrals of U.S. workers. Labor Certification (OFLC) Adminis- 655.48 Recruitment report. trator under subparts A, B, and C. 655.49 [Reserved] Subpart A—Labor Certification Process for LABOR CERTIFICATION DETERMINATIONS Temporary Non-Agricultural Employ- 655.50 Determinations. ment in the United States (H–2B Work- 655.51 Criteria for certification. ers) 655.52 Approved certification. 655.53 Denied certification. 655.1 Scope and purpose of this subpart. 655.54 Partial certification. 655.2 Authority of the agencies, offices, and 655.55 Validity of temporary labor certifi- divisions in the Department of Labor. cation. 655.3 Territory of Guam. 655.56 Document retention requirements of 655.4 Transition procedures. H–2B employers. 655.5 Definition of terms. 655.57 Request for determination based on 655.6 Temporary need. nonavailability of U.S. workers. 655.7 Persons and entities authorized to file. 655.5–655.59 [Reserved] 655.8 Requirements for agents. 655.9 Disclosure of foreign worker recruit- POST CERTIFICATION ACTIVITIES ment. 655.60 Extensions. 655.61 Administrative review. PREFILING PROCEDURES 655.62 Withdrawal of an Application for 655.10 Determination of prevailing wage for Temporary Employment Certification. temporary labor certification purposes. 655.63 Public disclosure. 655.11 Registration of H–2B employers. 655.65 Special Document Retention Provi- 655.12 Use of registration of H–2B employ- sions for Fiscal Years 2017 through 2020 ers. under the Consolidated Appropriations 655.13 Review of PWDs. Act. 655.14 [Reserved] 655.66 Special document retention provi- sions for Fiscal Years 2018 through 2021 APPLICATION FOR TEMPORARY EMPLOYMENT under the Consolidated Appropriations CERTIFICATION FILING PROCEDURES Act, 2018, Public Law 115–141. 655.15 Application filing requirements. 655.67 Special document retention provi- 655.16 Filing of the job order at the SWA. sions for Fiscal Years 2019 through 2022 655.17 Emergency situations. under the Consolidated Appropriations 655.18 Job order assurances and contents. Act, 2019. 655.19 Job contractor filing requirements. 655.68–655.69 [Reserved] ASSURANCES AND OBLIGATIONS INTEGRITY MEASURES 655.20 Assurances and obligations of H–2B 655.70 Audits. employers. 655.71 CO-ordered assisted recruitment. 655.21–655.29 [Reserved] 655.72 Revocation. 655.73 Debarment. PROCESSING OF AN APPLICATION FOR 655.74–655.76 [Reserved] TEMPORARY EMPLOYMENT CERTIFICATION 655.80–655.99 [Reserved] 655.30 Processing of an application and job order. Subpart B—Labor Certification Process for 655.31 Notice of deficiency. Temporary Agricultural Employment in 655.32 Submission of a modified application the United States (H–2A Workers) or job order. 655.33 Notice of acceptance. 655.100 Scope and purpose of subpart B. 655.34 Electronic job registry. 655.101 Authority of the Office of Foreign 655.35 Amendments to an application or job Labor Certification (OFLC) adminis- order. trator. 655.36–655.39 [Reserved] 655.102 Special procedures. 655.103 Overview of this subpart and defini- POST-ACCEPTANCE REQUIREMENTS tion of terms. 655.40 Employer-conducted recruitment. PREFILING PROCEDURES 655.41 Advertising requirements. 655.42 [Reserved] 655.120 Offered wage rate. 655.43 Contact with former U.S. employees. 655.121 Job orders. 655.44 [Reserved] 655.122 Contents of job offers. 655.45 Contact with bargaining representa- APPLICATION FOR TEMPORARY EMPLOYMENT tive, posting and other contact require- CERTIFICATION FILING PROCEDURES ments. 655.46 Additional employer-conducted re- 655.130 Application filing requirements. cruitment. 302 VerDate Sep<11>2014 09:34 Sep 30, 2020 Jkt 250068 PO 00000 Frm 00312 Fmt 8010 Sfmt 8010 Y:\SGML\250068.XXX 250068 Employment and Training Administration, Labor Pt. 655 655.131 Association filing requirements. 655.201 Definition of herding and range live- 655.132 H–2A labor contractor (H–2ALC) fil- stock terms. ing requirements. 655.205 Herding and range livestock job or- 655.133 Requirements for agents. ders. 655.134 Emergency situations. 655.210 Contents of herding and range live- 655.135 Assurances and obligations of H–2A stock job orders. employers. 655.211 Herding and range livestock wage rate. PROCESSING OF APPLICATION FOR TEMPORARY 655.215 Procedures for filing herding and EMPLOYMENT CERTIFICATION range livestock applications for tem- 655.140 Review of applications. porary employment certification. 655.141 Notice of deficiency. 655.220 Processing herding and range live- 655.142 Submission of modified applications. stock applications for temporary em- 655.143 Notice of acceptance. ployment certification. 655.144 Electronic job registry. 655.225 Post-acceptance requirements for 655.145 Amendments to applications for herding and range livestock. temporary employment certification. 655.230 Range housing. 655.235 Standards for range housing. POST-ACCEPTANCE REQUIREMENTS 655.150 Interstate clearance of job order. Subparts C–D [Reserved] 655.151–655.152 [Reserved] 655.153 Contact with former U.S. employees. Subpart E—Labor Certification Process for 655.154 Additional positive recruitment. Temporary Employment in the Com- 655.155 Referrals of U.S. workers. monwealth of the Northern Marianas 655.156 Recruitment report. Islands (CW–1 Workers) 655.157 Withholding of U.S. workers prohib- ited. 655.400 Scope and purpose of this subpart. 655.158 Duration of positive recruitment. 655.401 Authority of the agencies, offices, and divisions in the Department of LABOR CERTIFICATION DETERMINATIONS Labor. 655.160 Determinations. 655.402 Definition of terms. 655.161 Criteria for certification. 655.403 Persons and entities authorized to 655.162 Approved certification. file. 655.163 Certification fee. 655.404 Requirements for agents. 655.164 Denied certification. 655.405–655.409 [Reserved] 655.165 Partial certification. 655.166 Requests for determinations based PREFILING PROCEDURES on nonavailability of U.S. workers. 655.167 Document retention requirements.
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