About
Executive Order establishing this committee
Committee Members
State Agency Representatives
Minnesota Department of Health
Erik Zabel
Epidemiologist Principal
651-201-3635
Minnesota Department of Labor and Industry
Jessica Grosz
Labor Standards and Apprenticeship Director
651-284-5307
Minnesota Department of Agriculture
Patrice Bailey
Assistant Commissioner
651-238-4523
Minnesota Department of Employment and Economic Development
Marc Majors
Deputy Commissioner, Workforce Development
Local/Regional Representatives
Waseca County/Le Sueur-Waseca Community Health Board
Sarah Berry
Public Health Director, Waseca County/CHS Administrator, Le Sueur-Waseca Community Health Board
507-835-0656
Worker Representatives
UFCW 663
Rena Wong
Director of Organizing
UFCW 1189
Jim Gleb
President
651-335-9173
Employer Representatives
MN Farm Bureau
Dan Glessing
President
320-420-4807
MN Farmers Union
Gary Wertish
President
651-262-7128
MN Agrigrowth Association
Tamara Nelsen
Executive Director
309-825-9890
Community Representatives
HACER
Rodolfo Gutierrez
Executive Director
612-427-4884
Unidos MN
Emilia Gonzalez Avalos
Executive Director
612-708-9633
Community Health Service, Inc.
Stephane Low
Executive Director
507-206-5759
Agricultural Worker Project (SMRLS)
Elise Sporre, M.A.
Project Manager and Outreach Coordinator
651-222-5863
Support Staff
Department of Employment and Economic Development
Cinthia Martinez
CareerForce Office Coordinator
Minnesota Department of Agriculture
Valerie Gamble
State Program Admin Principal
Report Housing Complaints
The Governor's Committee on the Safety, Health, and Wellbeing of Agricultural and Food Processing Workers ("AWWC") has been working its inception in March 2021 to better understand the housing-related challenges of agricultural workers. Numerous conversations between federal, state, and local agencies have confirmed that the regulatory and enforcement systems of worker housing standards are fragmented and incomplete. The complexity often presents barriers, not support, to workers and employers.
This chart is a simplified representation of the many agencies regulating agricultural worker housing. The AWWC Housing Subcommittee ("Subcommittee") has made every attempt to present these findings with as much clarity as possible to:
- identify the responsible regulatory agencies and highlight their partners to increase collaboration where work is parallel or overlapping.
- provide decision-makers with a picture of the complexity surrounding the basic need for safe housing.
- identify gaps in the regulation of agricultural worker housing.
- inform agricultural workers, key stakeholders (ex., local public health, direct service providers), and community members how to report complaints regarding unsafe and/or unsanitary agricultural worker housing.
The intricacy illustrates the need for greater efforts to align regulations so agencies and community organizations can provide a more unified and comprehensive approach to unsafe and/or unsanitary housing. By building regulatory support and understanding of the complexities of worker housing situations, a proactive network could be established for workers and their housing providers. The Subcommittee's analysis and compilation reinforces the need for the creation of an office of ombudsperson for the safety, health, and wellbeing of agricultural and food processing workers – as recommended by the AWWC in December 2021.
There are additional gaps to highlight regarding agricultural worker housing. Short-term leases are difficult to obtain when there is ample housing, but impossible in a tight housing market. Frequently, housing options available to agricultural workers are the leftovers deemed unsuitable by others in their community. In these situations, there is not an agency to require and enforce improvements on behalf of individuals like Minnesota's dairy workers.
Stakeholders like the Agricultural Outreach Representatives of the MN Department of Employment and Economic Development (DEED) and the Agricultural Worker Project (AWP) of Southern Minnesota Regional Legal Services (a statewide legal aid program for eligible farmworkers), among others, are critically needed to assist workers in navigating a system which even the regulators find confusing.
As you review the following, the AWWC is interested in hearing about innovations or ideas that could fill these critical gaps or provide comprehensive support to our agricultural workforce. Contact us via AWWC Support Staff Cinthia Martinez, cinthia.g.martinez@state.mn.us.
Note
ALL migrant agricultural housing and some hotels/motels that house H-2A workers must comply with federal law, either the OSHA standards or ETA standards. 29 CFR 500.132.
- OSHA – built after April 3, 1980, 29 CFR 1910.142(a)-(l)
- ETA – built before April 3, 1980, 20 CFR 654.404-654.417 or OSHA regulations.
H-2A housing, excluding hotels and motels, must comply with federal law. Hotels and motels that house H-2A workers must comply with state or local standards, but the federal standards referred to above sometimes apply.
| Enforcement Agency |
Type of Agricultural Worker Housing |
Complaint Process |
| Worker complaint accepted? |
3rd party complaint accepted? |
Information needed (if identified by the agency) |
Contact info to submit complaint |
Additional information |
| MN Occupational Safety and Health Administration |
Employer-provided: Temporary labor camp - egg, poultry, red meat production, post-harvesting processing of agricultural and horticultural commodities. |
Yes |
Yes |
Specific safety and health concern
Specific location
Complainant contact information
|
File a complaint in English or Spanish
For more information, contact Minnesota OSHA (MNOSHA) Compliance at osha.compliance@state.mn.us, 651-284-5050 or 877-470-6742.
Option to file dual complaint with USDOL Wage and Hour Division (see below).
|
MN OSHA wants to know specific unit #'s from complainant |
| US Dept of Labor - Wage and Hour Division |
Not employer-provided: Migrant camp. Includes non-public hotels/motels. |
Accept third-party complaints if third-party is a credible source:
- How did they obtain this info?
- Photos of the housing issue? Not required but helpful to have foundation of how they know about the unsafe housing conditions
Workers can file complaints:
- Specific details (ex., unsanitary conditions, no hot water, overcrowding).
- Particular to a specific unit or building?
|
612-370-3341
1-866-4-USWAGE
1-866-487-9243
|
- |
| Employer-provided mobile home unit |
| Hotels and motels that house H-2A workers |
| Other non-employer-provided and employer-provided housing that is not a temporary labor camp or a migrant camp. |
| MN Dept of Health and/or local agency |
Publicly-available hotels and motels that house ag workers |
Establishment information (name/address), date complaint observed, complaint description (clear and complete). Ideally, time complaint observed. |
File a complaint in English. Form is only available in English. If language services are needed, agricultural worker can contact The Agricultural Worker Project. Phone: 1-800-652-9733. Monday - Friday, 8 a.m. - 5 p.m. Spanish-speaking staff available. Email: awp@smrls.org |
Some counties, like Todd County, have partial or full jurisdiction for these matters. Refer to map and scroll through document to access county-specific contact information.
Questions? Contact the Agricultural Worker Project. Phone: 1-800-652-9733. Monday - Friday, 8 a.m. - 5 p.m. Spanish-speaking staff available. Email: awp@smrls.org
|
| Mobile Home Parks & Recreational Camping Areas (not specific units) |
| MN Dept of Economic and Employment Opportunity |
H-2A housing, excluding hotels and motels |
- |
Mary Garcia, Foreign Labor Certification Coordinator, mary.garcia@state.mn.us, 612-271-2769
Jessica Bordun, Foreign Labor Certification Assistant, jessica.bordun@state.mn.us
|
- |
| None or depends on local jurisdiction, if any. |
Housing for other agricultural workers, like housing for migrant/seasonal dairy workers. |
N/A |
N/A |
- |
Refer agricultural worker to the Agricultural Worker Project (AWP). The AWP team will assess the situation and individual's eligibility to make the best referral or accept the case/represent the individual. Phone: 1-800-652-9733. Monday - Friday, 8 a.m. - 5 p.m. Spanish-speaking staff available. Email: awp@smrls.org |
|
This chart pertains to agricultural worker housing, including housing for cannery workers. Complaints about the housing conditions of meatpacking and poultry processing workers should be directed to the Minnesota legal aid helpline at 1-877-696-6529.
Last updated April 5, 2023
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