(a) State Administrators shall assure that their State agencies
monitor their own compliance with JS regulations in serving MSFWs on an
ongoing basis. The State Administrator shall have overall responsibility
for State agency self-monitoring.
(b) The State Administrator shall appoint a State MSFW Monitor
Advocate. The State Administrator shall inform farmworker organizations
and other organizations with expertise concerning MSFWs of the opening
and encourage them to refer qualified applicants to apply through the
State merit system prior to appointing a State MSFW Monitor Advocate.
Among qualified candidates determined through State merit system
procedures, the State agencies shall seek persons (1) who are from MSFW
backgrounds, or (2) who speak Spanish or other languages of a
significant proportion of the State MSFW population, or (3) who are
racially or ethnically similar to the MSFWs in the State, or (4) who
have substantial work experience in farmworker activities.
(c) The State MSFW Monitor Advocate shall have direct, personal
access, whenever he/she finds it necessary, to the State Administrator
and shall work in the State central office. The State MSFW Monitor
Advocate shall have status and compensation as approved by the civil
service classification system and be comparable to other State positions
assigned similar levels of tasks, complexity and responsibility.
(d) The State MSFW Monitor Advocates shall be assigned staff
necessary to fulfill effectively all of his/her duties as set forth in
this subpart. The number of staff positions shall be determined by
reference to:
(1) The number of MSFWs in the State, as measured at the time of the
peak MSFW population (MSFW activity), and (2) the need for monitoring
activity in the State. The MSFW Monitor Advocates shall devote full time
to Monitor Advocate functions, except that the USES Administrator may
reallocate positions from States of low MSFW activity to States of
higher MSFW activity and may approve a plan for less than full-time work
in States of low MSFW activity. Any such plan must demonstrate that the
State MSFW Monitor Advocate function can be effectively performed with
part-time staffing.
(e) All State MSFW Monitor Advocates and Assistant MSFW Monitor
Advocates shall attend within the first three months of their tenure a
training session conducted by the Regional MSFW Monitor Advocate. They
shall also attend whatever additional training sessions are required by
the Regional or National MSFW Monitor Advocate.
(f) The State MSFW Monitor Advocate shall provide any relevant
documentation requested from the State agency by the Regional MSFW
Monitor Advocate.
(g) The State MSFW Monitor Advocate shall:
(1) Conduct an ongoing review of the delivery of services and
protections afforded by JS regulations to MSFWs by the State agency and
local offices. The State MSFW Monitor Advocate, without delay, shall
advise the State agency and local offices of (i) problems, deficiencies,
or improper practices in the delivery of services and protections
afforded by these regulations (including progress made in achieving
affirmative action goals and timetables), and (ii) means to improve such
delivery.
(2) Participate in onsite local office MSFW formal monitoring
reviews on a regular basis.
(3) Assure that all significant MSFW local offices not reviewed
onsite by Federal staff, are reviewed at least once a year by State
staff, and that, if necessary, those local offices in which significant
problems are revealed by required reports, management information, the
JS complaint system or otherwise are reviewed as soon as possible.
(4) Assure that the monitoring review format, developed by ETA, is
used as a guideline in the conduct of local office MSFW onsite formal
monitoring reviews. This format will ensure that applications and the
application-taking process are reviewed during State onsite reviews by
State MSFW Monitor Advocates and/or review staff, who shall check
overall accuracy and quality, and offer technical advice on corrections
or improvements.
(5) Review the State agency's outreach plan, and on a random basis,
the outreach workers' daily logs and other reports including those
showing or reflecting the workers' activities, to ensure that they
comply with the outreach plan.
(h) Formal onsite MSFW monitoring reviews of local offices shall be
conducted using the following procedures:
(1) Before beginning such a review, the State MSFW Monitor Advocate
and/or review staff shall study:
(i) Program performance data,
(ii) Reports of previous reviews,
(iii) Corrective action plans developed as a result of previous
reviews,
(iv) Complaint logs, and
(v) Complaints elevated from the office or concerning the office.
(2) Upon completion of a local office onsite formal monitoring
review, the State MSFW Monitor Advocate shall hold one or more wrap-up
sessions with the local office manager and staff to discuss any obvious
findings and offer initial recommendations and appropriate technical
assistance.
(3) After each review the State MSFW Monitor Advocate shall conduct
an indepth analysis of the review data. The conclusions and
recommendations of the State MSFW Monitor Advocate shall be put in
writing, shall be sent to the State Administrator, to the offical of the
State agency with line authority over the local office, and other
appropriate State agency officials.
(4) The state MSFW Monitor Advocate may recommend that the review
responsibility set forth in this subsection be delegated to a
responsible professional member of the administrative staff of the State
agency, if and when the State Administrator finds such delegation
necessary. In such event, the State MSFW Monitor Advocate shall be
responsible for and shall approve the written report of the review.
(5) The local office manager shall develop and propose a written
corrective action plan. The plan shall be approved, or appropriately
revised, by appropriate superior officials and the State MSFW Monitor
Advocate. The plan shall include actions required to correct or to take
major steps to correct any problems within 30 days or if the plan allows
for more than 30 days for full compliance, the length of, and the
reasons for, the extended period shall be specifically stated.
(6) State agencies, through line supervisory staff, shall be
responsible for assuring and documenting that the local office is in
compliance within the time period designated in the plan. State agencies
shall submit to the appropriate ETA regional offices copies of the
onsite local office formal monitoring review reports and corrective
action plans for significant local offices.
(i) The State MSFW Monitor Advocate shall participate in federal
reviews conducted pursuant to subpart G.
(j) At the discretion of the State Administrator, the State MSFW
Monitor Advocate may be assigned the responsibility as the complaint
specialist. The State MSFW Monitor Advocate shall participate in and
monitor the performance of the complaint system, as set forth at 20 CFR
658.400 et seq. The State MSFW Monitor Advocate shall review the local
office managers' informal resolution of complaints relating to MSFWs and
shall ensure that the State agency transmits copies of the logs of MSFW
complaints to the regional office quarterly.
(k) The State MSFW Monitor Advocate also shall serve as an advocate
to improve services for MSFWs within JS. The State MSFW Monitor Advocate
shall establish ongoing liaison with CETA 303 and other organizations
serving farmworkers, and employers and/or employer organizations, in the
State. The State MSFW Monitor Advocate shall meet frequently with
representatives of these organizations to receive complaints, assist in
referrals of alleged violations to enforcement agencies, receive input
on improving coordination with JS or improving JS services to MSFWs.
(l) The State MSFW Monitor Advocate shall conduct frequent field
visits to the working and living areas of MSFWs, and shall discuss JS
services and other employment-related programs with MSFWs, crew leaders,
and employers. Records shall be kept of each such visit.
(m) The State MSFW Monitor Advocate shall participate in the
appropriate regional public meeting(s) held by the Department of Labor
Regional Farm Labor Coordinated Enforcement Committee.
(n) The State MSFW Monitor Advocate shall ensure that outreach
efforts in all significant MSFW local offices are reviewed at least
yearly to ensure that there is continuing compliance with 20 CFR
653.107. This review will include accompanying at least one outreach
worker from each significant MSFW local office on his/her visits to
MSFWs' working and living areas. The State MSFW Monitor Advocate shall
review findings from these reviews.
(o) The State MSFW Monitor Advocate shall review and assess the
adequacy of the annual State affirmative action plan for MSFWs, and
shall report such findings to the State Administrator.
(p) The State MSFW Monitor Advocate shall ensure that JS outreach
activities are reviewed periodically at day-haul sites at which these
activities are conducted. Complete records of such visits shall be kept.
The State MSFW Monitor Advocate shall ensure that local offices and the
State Administrator are advised of any deficiencies.
(q) The State MSFW Monitor Advocate shall review on at least a
quarterly basis all statistical and other MSFW-related data reported by
significant MSFW local offices in order (1) to determine the extent to
which the State agency has complied with regulations at Sec. 653.100 et
seq., and (2) to identify the areas of inadequate compliance.
(r) The State MSFW Monitor Advocate shall have full access to all
statistical and other MSFW-related information gathered by State
agencies and local offices and may interview State and local office
staffs with respect to reporting methods. Subsequent to each review, the
State MSFW Monitor Advocate shall consult, as necessary, with State and
local offices and provide technical assistance to ensure accurate
reporting.
(s) The State MSFW Monitor Advocate shall review and comment on
proposed State JS directives, manuals, and operating instructions
relating to MSFWs and shall ensure (1) that they accurately reflect the
requirements of the regulations, and (2) that they are clear and
workable. The State MSFW Monitor Advocate also shall explain and make
available at the requestor's cost, pertinent directives and procedures
to employers, employer organizations, farmworkers, farmworker
organizations and other parties expressing an interest in a readily
identifiable directive or procedure issued and receive suggestions on
how these documents can be improved.
(t) The State MSFW Monitor Advocate shall prepare for the State
Administrator an annual summary of JS services to MSFWs within his/her
State based on statistical data and his/her reviews and activities set
forth in these regulations. The summary shall include an assessment of
the State agency's activities related to MSFWs such as those covered in
the State agency's PBP, outreach plan, and affirmative action plan, and
the other matters with respect to which the State MSFW Monitor Advocate
has responsibilities under these regulations. A copy of this summary
shall be forwarded to the Regional Administrator by the State
Administrator.
(Approved by the Office of Management and Budget under control number
1205-0039)
(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))
[45 FR 39459, June 10, 1980, as amended at 47 FR 145, Jan. 5, 1982]
