TEGL_12-21_Attachment_3.pdf

ETA Advisory File Text

OMB Approval 1225-0086 Expiration Date 07 31 2022 Attachment III FISCAL YEAR FY 2022 ANNUAL PLAN Please complete all yellow highlighted fields Insert Official Name of SWA not that of an individual Insert Official Name of SWA not that of an individual Hereafter referred to as the state agency FILL IN has prepared the following plan and statement of assurances for delivering services during the FY October 1 through September 30 to support the administration of foreign labor certification programs in accordance with all applicable statutes regulations policies procedures handbooks manuals and other directives. A. Foreign Labor Certification Workload Category of OFLC Program Previous FY 20 21 Current FY 20 22 Current FY 20 22 Total Estimated for Current Services Activities FY 20 22 1 Workload Workload Workload Workload Actual per ETA Completed Projected Add previous 2 9127 Report columns A.Number of agricultural prevailing Click or Click or Click or Click or wage surveys conducted and tap here to tap here tap here tap here to enter text. to enter to enter enter text. projected to be conducted under text. text. section C.4. B. Number of agricultural prevailing Click or Click or Click or Click or practice surveys conducted and tap here to tap here tap here tap here to enter text. to enter to enter enter text. projected to be conducted under text. text. section C.5 . C. Number of CW -1 job offers Click or Click or Click or Click or maintained on website only tap here to tap here tap here tap here to enter text. to enter to enter enter text. applicable for CNMI . text. text. D.Number of H-2A and H -2B related Click or Click or Click or Click or stakeholder outreach events under tap here to tap here tap here tap here to enter text. to enter to enter enter text. sections B.1 and C.1. text text. E. N umber of stakeholders reached by Click or Click or Click or Click or H-2A and H-2B related outreach tap here to tap here tap here tap here to enter text . to enter to enter enter text events conducted under sections B.1 text text and C.1 . F. Number of Ful l Time Equivalent Click or Click or Click or Click or FTE staff funded by this grant. tap here to tap here tap here tap here to enter text to enter to enter enter text. text text 1 Workload includes completed OFLC program services activities provided and services activities planned for the period between October 1 st and September 30 th of each fiscal year. For completion of this chart SWAs should refer to data from SWA job order systems and Form ETA 9127 submissions. 2 Data provided for reporting items should exclude range housing units inspected under 20 CFR 655.230 H-2A Herder Rule for the Temporary Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States. 3 Workload includes the tracking of CNMI labor exchange website recruitment reports uploaded by employers in accordance with the governing provision of the CNMI Interim Final Rule codified at 20 CFR 655.442. III-1 B. H-2B Temporary Nonagricultural Program Activities Section 214 c 1 of the Immigration and Nationality Act 8 U.S.C. 1184 c 1 requires the Secretary of Homeland Security to make H-2B visa determinations in specific cases after consultation with appropriate agencies of the Government upon petition of the importing employer. Under Department of Homeland Security DHS regulations at 8 CFR 214.2 h 6 iii C an H-2B petition for temporary employment must be accompanied by an approved temporary labor certification from DOL which serves as DOL s advice to DHS regarding whether a qualified U.S. worker is available to fill the petitioning H-2B employer s job opportunity and whether a foreign worker s employment in the job opportunity will adversely affect the wages or working conditions of similarly employed U.S. workers. In accordance with regulations at 20 CFR part 655 Subpart A the SWA agrees to carry out all state activities to support DOL s review and processing of job orders and applications seeking temporary labor certification under the H-2B program. Specifically the SWA agrees to carry out the following state activities 1. Stakeholder Education and Outreach As part of a comprehensive education and outreach plan the SWA should make available in a conspicuous location on the state agency website the following resources such as Information on how employers can participate in the H-2B program for example easy- to-understand instructions on how to prepare and submit a job order a copy of the SWA job order form that is accessible and can be completed electronically and current contact information within the SWA for employers to request technical assistance. Worker rights information developed by the SWA or as provided below that covers at minimum the following information oEmployee Rights Under the H-2B Program Poster PDF oSpanish Version Poster PDF oH-2B Worker Rights and COVID-19 PDF oSpanish Version Poster PDF . Information educating employers about the responsibilities associated with the use of foreign labor recruiters and ban on prohibited fees. The SWA agrees to maintain an up-to-date listing of contacts associated with the central office of the State Federation of Labor and office s of local union s representing employees in occupations traditionally or customarily unionized if any and make the list readily available to employers. No less frequently than once a year the SWA will electronically disseminate to employers who routinely use the H-2B program information about their obligations to fully comply with relevant employment-related laws particularly those that relate to the working conditions and health and safety of employees and the consequences for failing to do so information on any relevant state- specific and local employment-related laws including health and safety laws and requirements impacting the material terms or conditions of employer job orders helpful tips or best practices on preparing high quality job orders and the most current version of the state agency s job order form and instructions. In addition the SWA will also Remind and educate employers about their obligations to fully comply with Title VII of the Civil Rights Act of 1964 which makes it illegal to discriminate against someone or harass someone on the basis of race color religion national origin or sex and makes employers accountable for providing a work environment that is free from harassment and other kinds of discrimination. III-2 OR III-3 Where requested a nd funds permitting the SWA will participate in local or state employer roundtables conferences or other stakeholder forums to present and or disseminate information related to the H-2B program. 2. Placement of H-2B Job Orders In accordance with funds appropriated under the Wagner- Peyser Act 29 U.S.C. 49 et seq. the SWA already administers a public labor exchange system that facilitates the placement of employer job orders and referral of prospective U.S. applicants to current and future job opportunities. The SWA labor exchange system which is referred to as insert Labor Exchange System name here is accessible to employers required to place a job order in connection with a concurrently filed H-2B Application for Temporary Employment Certification with DOL pursuant to 20 CFR 655.16. The SWA has capability for employers to place job orders for review in the following manner Please check all that apply Self-services by accessing the SWA s labor exchange sys tem Insert state labor exchange system website link here Staff-a ssisted job order services by submitting a draft job order at Insert SWA contact information including email address where employers can submit H-2B job orders Please check one of the following The SWA s job order form and o r system DOES contain an entry field or option permitting employers to identify that the job order is being placed in connection with a concurrently submitted Application for Temporary Employment Certification for H-2B workers The SWA s job order form and o r system DOES NOT contain an entry field or option permitting employers to identify that the job order is being placed in connection with a concurrently submitted Application for Temporary Employment Certification for H-2B workers. Therefore employers can provide the notification required by regulation at 20 CFR 655.16 a 1 to the SWA in the following manner Insert a brief description of how and to whom employers can provide the state agency with the required notification III-4 Pleas e check all that apply The SWA has submitted wi th this grant plan a current electronic copy of the form and general instructions employers are required to use to submit job orders. The standa rd job order form and general instructions are easily accessible to employers on a website maintained by the SWA at Insert state agency website link here 3. Processing of H-2B Job Orders Upon receipt the SWA will review the job order submitted by the employer for compliance with the regulatory criteria under 20 CFR 655.18 1 as well as any state-specific requirements. In circumstances where a waiver of the required time period for filing an Application for Temporary Labor Certification is granted under 20 CFR 655.17 for emergency situations the SWA will review the proposed or draft job order upon request by the DOL Certifying Officer CO and made available through the OFLC Foreign Labor Application Gateway FLAG System. a. Compliance Review of Job Orders Using an authorized SWA FLAG System account the SWA will notify the DOL CO of any deficiencies within six business days of the date the employer s job order was received For each deficiency identified the SWA will state the re ason s why the job order fails to meet the criteria under 20 CFR 655.18 For each deficiency identified related to a state-specific requirement the SWA will provide the applicable statutory or regulatory citation s and state the modification s needed for the DOL CO to issue a Notice of Acceptance NOA and In circumstances where a timely r eview of the job order by the SWA cannot be performed the state agency understands that the DOL CO has the authority to 1 The Consolidated Appropriations Act 2022 prohibits DOL from using FY 2022 appropriations to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20 or any reference thereto P.L. 117-103 Div. H Tit. I Sec. 111 . In order to comply with this limitation the state agency will not use any funds provided under this grant to implement these provisions in any manner. The state agency understands that the appropriation riders did not vacate these regulatory provisions and they remain in effect thus imposing a legal duty on H-2B employers even though the DOL is currently prohibited from using funds to enforce them. issue a Notice of Deficiency 20 CFR 655.31 or a Notice of Acceptance 20 CFR 655.33 within seven business days of receipt. III-5 b. Processing of Approved Job Orders Upon receipt of a NOA under 20 CFR 655.33 the SWA will perform the following actions when instructed by the DOL CO Promptly make on behalf of the employer any necessary modifications to the job order under 20 CFR 655.32 or amendments granted by the DOL CO under 20 CFR 655.35 and uploads the modified documents through the SWA FLAG System account Promptly place on its active file the job order approved by the DOL CO as well as job orders received from other SWAs pursuant to 20 CFR 655.16 c for intrastate clearance until the end of the recruitment period as specified by the DOL CO i.e. 21 days before the start date of need set forth in 20 CFR 655.40 c Promptly transmit a copy of the approved job order to other SWAs for interstate clearance as instructed by the DOL CO with instructions that each SWA keep the approved job order on its active file until the end of the recruitment period Based on the SWA s determination that the employer s job opportunity covers an occupation or industry that is traditionally or customarily unionized promptly transmit a copy of the approved job order to the central office of the State Federation of Labor and any local union office s representing employees in the same or substantially equivalent job classification in the area s in which work will be performed under the approved job order and The SWA agrees to maintain an up-to-date listing of contacts associated with the central office of the State Federation of Labor and office s of local union s representing employees in occupations traditionally or customarily unionized if any. c. Referral of Qualified and Available U.S. Workers The SWA s public labor exchange services have the capability whether by self- service or staff-assisted services to apprise prospective U.S. workers of all the material terms and conditions of the employer s job opportunity prior to referral as required by 20 CFR 655.47 III-6 The SWA will use it s public labor exchange services i.e. self-service job bank system and or one-stop career centers to refer to the employer all qualified U.S. workers who apply for the job opportunity or on whose behalf a job application is made. Please note that these activities will be covered by existing Wagner-Peyser formula grants and not by the foreign labor certification grants that are the subject of this TEGL Upon request by the DOL CO the SWA will make available records of U.S. workers referred through an approved job order to assist the DOL CO in making a final determination on the employer s Application for Temporary Employment Certification as specified in 20 CFR 655.50 using the SWA FLAG System account and For complain ts against an employer about a specific H-2B job order to which U.S. workers were referred the SWA agrees to utilize the existing complaint system for public labor exchange services established under 20 CFR 658 Subpart E. Please note that these activities will be covered by existing Wagner-Peyser formula grants and not by the foreign labor certification grants that are the subject of this TEGL. U.S. workers may submit a complaint using one or more of the following methods Website Insert the website URL where a complaint can be filed online if applicable Email Insert the email address where a complaint can be filed online if applicable Telephone Insert the toll-free phone number where a complaint can be filed online if applicable Other Method s Insert a brief description of any other methods U.S. workers can submit complaints for review and processing by the SWA if applicable 4. Post-Determination Services The SWA agrees to provide support services to the DOL CO after a final determination is issued under 20 CFR 655.50 in the following manner In accordance with 20 CFR 655.57 and upon request by the DOL CO the SWA agrees to promptly provide information concerning the availability of U.S. workers to replace some or all of the qualified U.S. workers who were initially deemed available in support of a partial certification or denial determination on the employer s Application for Temporary Employment Certification using the SWA FLAG System account For complaints involving allegation of fraud or misrepresentation the SWA agrees to refer all such complaints to the DOL CO at H2BSWA.Chicago dol.gov for appropriate handling and resolution III-7 In accordance with 29 CFR 503.7 and 29 CFR 50 3.15 the SWA agrees to refer to the appropriate office of the Wage and Hour Division any complaint or report of a violation received by any person of the obligations imposed by 8 U.S.C. 1184 c INA section 214 c 20 CFR part 655 Subpart A or 29 CFR part 503 covering the geographic area in which the reported violation is alleged to have occurred and provide a copy of such referral to the DOL CO at h2bcomplaints.chicago dol.gov and The SWA agrees to coo perate and make available all appropriate records and information upon request from any employee or agent of the DOL who is exercising or attempting to exercise the Department s authority pursuant to 8 U.S.C. 1184 c including investigations as described in 29 CFR 503.25. C. H-2A Temporary Agricultural Program Activities Section 218 a 1 of the INA 8 U.S.C. 1188 a 1 authorizes the Secretary of Homeland Security to permit employers to e mploy foreign workers to perform agricultural labor or services of a temporary or seasonal nature where the DOL certifies that there are not sufficient qualified U.S. workers available to fill the petitioning employer s job opportunity and a foreign worker s employment in the job opportunity will not adversely affect the wages or working conditions of workers in the United States similarly employed. In accordance with DOL regulations at 20 CFR 655 Subpart B the SWA agrees to carry out all state activities to support DOL s review and processing of job orders and applications seeking temporary labor certification under the H-2A program. The SWA will use the FLAG System to submit clearance orders to OFLC. Specifically the SWA agrees to carry out the following activities 1. Stakeholder Education and Outreach As part of comprehensive education and outreach plan the SWA will make available in a conspicuous location on the state agency website the following Information on how employers may attach H-2A app lications to Agricultural Clearance Orders through the Agricultural Recruitment System for U.S. workers such as easy-to- understand instructions on how to prepare and submit the Form ETA-790 Agricultural and Food Processing Clearance Order request a pre-occupancy inspection of housing for farmworkers if applicable and the current contact information for employers to request technical assistance from the state agency. Worker rights information created by the SWA or as provided below that covers at minimum the following information o Employee Rights Under the H-2A Program English Version PDF o Employee Rights Under the H-2A Program Spanish Version PDF o H-2A Worker Rights Card - English Version PDF o H-2A Worker Rights Card - Spanish Version PDF o Farm Worker Rights Flyer English Spanish Version PDF Information educating employers about the responsibilities associated with the use of foreign labor recruiters and ban on prohibited fees. III- 8 No less freq uentl y than once a year the SWA will electronically disseminate to employers who routinely use the H-2A program information about their obligations to fully comply with relevant employment-related laws particularly those that relate to the working conditions and health and safety of employees and the consequences for failing to do so if applicable information on any relevant state-specific requirements e.g. current prevailing practices or normal and accepted requirements and local employment-related laws including health and safety laws impacting the material terms or conditions of employer job orders and helpful tips or best practices on preparing high quality job orders. In addition the SWA will Remind and educate employers about their obligations to fully comply with Title VII of the Civil Rights Act of 1964 which makes it illegal to discriminate against someone or harass someone on the basis of race color religion national origin or sex and makes employers accountable for providing a work environment that is free from harassment and other kinds of discrimination. Where requested and funds permitting the SWA will participate in local or state employer roundtables conferences or other stakeholder forums to present and or disseminate information related to the H-2A program. 2. Placement of Clearance Orders Attached to H-2A Applications In accordance with funds appropriated under the Wagner-Peyser Act 29 U.S.C. 49 et seq. the SWA already administers a public labor exchange system that facilitates the placement of employer job orders and referral of prospective U.S. applicants to current and future job opportunities. The SWA fully utilizes the Department s FLAG System to process the Agriculture Clearance Order Form ETA-790 790A filed by employers in connection with a future filed H-2A Application for Temporary Employment Certification Form ETA-9142A with DOL pursuant to 20 CFR 655.121. 3. Processing of Clearance Orders Attached to H-2A Applications Upon receipt of the clearance order the SWA will review the clearance order submitted by the employer for completeness obvious errors or inaccuracies and compliance with the regulatory criteria under 20 CFR 655.122 and 20 CFR 653 subpart F. In c ircumstances where a waiver of the required time period for filing an H-2A application is granted under 20 CFR 655.134 for emergency situations the SWA will make every effort to review the proposed or draft clearance order upon request by the DOL CO and made available using the SWA FLAG System account. a. Compliance Review of Clearance Orders The SWA will notify the employer of any deficiencies within seven calendar days of the date the employer s job order was received III-9 In circumstances where deficiencies are identified the SWA will promptly record the decision using the SWA FLAG System account and provide written notification to the employer stating the reason s why the job order fails to meet the regulatory criteria and offering an opportunity to respond to the deficiencies within five calendar days after receipt of the state agency s written notification and make a copy of this notification available for the DOL CO s review using the SWA FLAG System account The SWA agrees to respond within three calendar days after receipt of the employer s response and make a copy of this response available for the DOL CO s review using the SWA FLAG System account and In circumstances where a timely review of the job order cannot be performed the SWA understands that the employer is permitted to use the emergency filing procedures for filing an H-2A application set forth in 20 CFR 655.134. b. Processing of Approved Clearance Orders Upon determining the clearance order meets the regulatory criteria whether by the SWA or the DOL CO in the NOA under 20 CFR 655.143 the SWA will promptly record the decision on the job order using the SWA FLAG System account. In accordance with 20 CFR 653.501 a the SWA based on its knowledge and experience with the local labor market may either 1 place the approved job order with the nearest local ES office serving the area of intended employment to initially determine whether qualified local workers are available for the job opportunity or 2 make a determination anticipating a shortage of qualified local workers for the job opportunity and place the approved job order for intrastate clearance per 20 CFR 655.121 b 2 and commence recruitment of U.S. workers The SWA agrees to keep the approved clearance order on its active file until the end of the recruitment period i.e. 50 percent of the period of employment as set forth in 20 CFR 655.135 d Where the approved clearance order includes worksites in an area of intended employment that falls within the jurisdiction of more than one SWA the order- holding SWA agrees to forward a copy of the approved clearance order to other SWAs serving the area of intended employment with instructions to place a copy of the approved clearance order on its active file until the end of the recruitment period and III-10 Upon receipt of a NOA under 20 CFR 655.143 the SWA will perform the following actions when instructed by the DOL CO In circumstances where the clearance order remains on the active file of the local ES office serving the area of intended employment promptly place the approved clearance order into intrastate clearance. In the case of emergency situations promptly place on its active file the clearance order approved by the DOL CO as well as clearance orders received from other SWAs for clearance per 20 CFR 655.121 b 2 until the end of the recruitment period as set forth in 20 CFR 655.135 d . Promptly transmit a copy of the approved clearance order to other SWAs for interstate clearance as instructed by the DOL CO with instructions that each SWA keep the approved clearance order on its active file until the end of the recruitment period. Provide written notice of the job opportunity to organizations that provide employment and training services to workers likely to apply for the job and or to place written notice of the job opportunity in other physical locations where such workers are likely to gather per 20 CFR 655.143 b 5 . c. Referral of Qualified and Available U.S. Workers The SWA will use its public labor exchange services to refer to the employer all qualified U.S. workers who apply for the job opportunity or on whose behalf a job application is made until 50 percent of the contract period calculated from the first date indicated in Section A.3 of Form ETA-790A. This announcement should apprise prospective U.S. workers of all the material terms and conditions of the employer s job opportunity prior to referral as required by 20 CFR 655.155. Please note that these activities are covered by existing Wagner-Peyser formula grants and not by the foreign labor certification grants that are the subject of this TEGL and Using the SWA FLAG System account the SWA will make available records of U.S. workers referred through an approved clearance order to assist the DOL CO in making a final determination on the employer s Application for Temporary Employment Certification as specified in 20 CFR 655.160. d. Providing Written Notice of Certain Job Opportunities Placed in Connection with H- 2A Applications III-11 The SWA will provide written notice of a job opportunity to organizations that provide employment and training services to workers likely to apply for that job opportunity and or place written notice of that job opportunity in other physical locations where such workers are likely to gather per 20 CFR 655.143 b 5 . 4. Conducting Prevailing Wage Surveys This section of the grant plan identifies the schedule of the agricultural prevailing wage surveys including logging activities the SWA plans to conduct during the performance period of the grant including anticipated survey timeframes by area e.g. statewide regional crops or other agricultural activities commodities survey means e.g. site survey telephone survey and approximately when wage results are expected to be transmitted to the OFLC National Office via the Forms ETA-232 for review. To the extent practicable the SWA will prioritize its limited resources on conducting wage surveys in the major crops or other agricultural activities commodities where seasonal H-2A workers are regularly employed and where feasible at a broader wage reporting area e.g. statewide that will yield reliable wage findings from year to year particularly those agricultural activities paying workers on a piece rate basis In circumstances where substantial dissimilarities in crop or related conditions exists in different parts of the state the SWA may use sub-state reporting areas for conducting prevailing wage surveys and The SWA agrees to submit all completed and signed Form ETA-232 prevailing wage survey findings to the DOL OFLC National Office in accordance with instructions contained in this TEGL. The SWA must provide an explanation for not scheduling any prevailing wage surveys or for reducing the number of wage surveys from previous year here Insert explanation SWA schedule of wage surveys inserted here and if necessary include attachments Survey Survey Areas Crops Agricultural Survey Means Survey Timeframes e.g. Commodities e.g. site Transmission statewide survey Timeframe to regional telephone OFLC Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. III-12 5. Conducting Prevailing Practice and Normal Accepted Requirements Surveys This section of the grant plan identifies the schedule of the agricultural prevailing practice and normal and accepted requirement surveys including logging activities the SWA plans to conduct during the performance period of the grant in accordance with ETA Handbook No. 398 including anticipated survey timeframes by area e.g. statewide regional and crops or other agricultural activities commodities and approximately when employment practice results are expected to be transmitted to the OFLC CNPC for review. The SWA agrees to submit all completed prevailing practice and normal and accepted requirement surveys promptly to the CNPC in accordance with instructions contained in this TEGL. The SWA must provide an explanation for not scheduling any prevailing practice surveys for reducing the number of surveys from previous year here If this is the same as provided above please indicate Same survey schedule without completing this table. III-13 Insert explanation SWA schedule of employment practice surveys inserted here and if necessary include attachments Survey Survey Areas Crops Agricultural Survey Means Survey Timeframes e.g. Commodities e.g. site Transmission statewide survey Timeframe to regional telephone OFLC Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. 6. Scheduling and Conducting Housing Inspections III- 1 4 All Housing Inspections. The SWA agrees to develop and maintain a plan to schedule housing inspections prior to the filing of clearance orders from employers who regularly use the H-2A program and to the extent practicable actively encourage employers to have housing ready for inspection at the time of filing the clearance order or earlier. The SWA agrees to conduct housing inspections in accordance with applicable local state or Federal standards and provide notification to the employer of any deficiencies request correction in five calendar days and re-inspect to determine compliance. Additionally the SWA agrees to provide a copy of the approved housing inspection or other official certification document to the employer and if applicable to the employer s authorized representative. Employer-Provided Housing. I n accordance with 20 CFR 655.122 d 1 i the SWA agrees to schedule and conduct pre-occupancy inspections of housing to be furnished to H-2A workers and non-H-2A workers in corresponding employment who are not reasonably able to return to their place of residence the same day. Employer-provided housing must meet the full set of DOL Occupational Safety and Health Administration standards set forth at 29 CFR 1910.142 or the full set of standards at 20 CFR 654.404 through 654.417 whichever are applicable under 20 CFR 654.401. Special requirements for range housing are provided below. Rental and or Public Accommodations. The SWA DOES NOT have juris diction to inspect rental and or public accommodation housing. The SWA DOES have jurisdi ction under a state or local law regulation to perform an inspection of rental and or public accommodation housing. Insert citation of state or local law regulation and the criteria under which the inspections of rental or public accommodation housing will be performed Range Housing. If applicable the SWA agrees to schedule and conduct inspections of range housing and certify that such housing used on the range is sufficient to accommodate the number of certified workers and meets the requirements under 20 CFR 655.230 and all applicable standards contained in 20 CFR 655.235. Except in circumstances where the DOL has a special procedure or as permitted by 20 CFR 655.230 the SWA agrees to schedule and complete the required housing inspection and submit notification e.g. report email no later than 30 days before the start date of work to the CNPC regarding whether housing is approved or not approved at H2ASWA.Chicago dol.gov andIII-15 T he SWA agrees to prompt ly notif y the CNPC of any changes in employer- provided housing and the results of any inspections conducted on substitute housing. Alternative Housing Inspection Methods or Arrangements. The SWA DOES NOT us e altern ative methods or arrangements for conducting pre-occupancy housing inspections. The SWA is solely responsible for scheduling and conducting pre-occupancy housing inspections. The SWA DOES use alterna tive methods memoranda of understanding or other contractual arrangements with the following agency ies organization s to assist in conducting pre-occupancy housing inspections Insert name of state or local housing authority or other entity assisting the SWA in conducting housing inspections The SWA has submitted with this grant plan a current electronic copy of the memorandum of understanding or other contractual arrangement demonstrating that pre-occupancy housing inspections will be scheduled and conducted in a manner that meets applicable regulatory standards and timeframes. Alternative Inspection Methods Only in emergency situat ions where physical housing inspections cannot reasonably be performed such as during FEMA declared emergencies due to Acts of God or other pandemic health emergencies may the SWA implement the below alternative methods and procedures on a temporary basis to verify that housing meets all applicable standards. As soon as practicable SWAs are expected to conduct a physical housing inspection. The SWA will retain all documentation and records demonstrating compliance and make such information available to DOL upon request. Insert a description of the alternative methods and procedures that may be implemented by the SWA including examples of acceptable documentation or evidence the SWA will rely upon to determine compliance. 7. Post-Determination Services The SWA agrees to provide support services to the DOL CO after a final determination in the following circumstances III-16 T o the extent resour ces are available the SWA agrees that staff funded through the FLC grant will cooperate with and assist Wagener-Peyser Employment Service grant activities that support employer compliance with Agricultural Clearance Order requirements at 20 CFR 653 and 655. This means that FLC grant funds may be used to support SWA processing of Complaints and Apparent Violations through the Employment Service and Employment Related Law Complaint System described at 20 CFR 658 Subpart E and field checks described at 20 CFR 653.503. All activities funded through the FLC grant for such Employment Service activities will be fully documented as required by 20 CFR 653 and 20 CFR 658 Subpart E and all related records and findings will be available to the State Monitor Advocate for monitoring purposes or to the DOL CO for other appropriate action under 20 CFR 655 Subpart B. The SWA may also provide any findings or related records to the Wage and Hour Division Occupational Safety and Health Administration or any other appropriate government enforcement agencies. In accordance with 20 CFR 655.166 and upon request by the DOL CO the SWA agrees to promptly provide information concerning the availability of U.S. workers to replace some or all of the qualified U.S. workers who were initially deemed available in support of a partial certification or denial determination on the employer s H-2A application The SWA agrees to cooperate an d make available all appropriate records and information upon request from any Federal officials assigned to perform an investigation inspection or law enforcement function pursuant to 8 U.S.C. 1188 and the H-2A regulations as described in 29 CFR 501.7 For complaints and apparent violations arising under the H-2A regulations the SWA agrees to utilize the existing Employment Service and Employment-Related Law Complaint System as described in 20 CFR part 658 subpart E and as required by 20 CFR 655.185. Please note that these activities will be covered by existing Wagner- Peyser formula grants and not by the foreign labor certification grants that are the subject of this TEGL SWAs agree to refer complaints and apparent violations arising under the H-2A regulations which ar e not informally resolved as described at 20 CFR 658.411 to the following recipients in addition to other appropriate enforcement agencies or another public agency a legal aid organization or a consumer advocate organization as appropriate F or complaints and apparent violations involving allegation of fraud or misrepresentati on the SWA agrees to refer all such complaints to the DOL CO at H2ASWA.Chicago dol.gov for appropriate handling and resolution For complaints and apparent violations involving contracts with workers theSWA agrees to refer all such complaints to the nearest local or regional office of the Wage Hour Division for appropriate handling and resolution as described in 29 CFR part 501 and provide a copy of such referral to the DOL CO at H2ASWA.Chicago dol.gov and For complaints and apparent violations alleging that an employer discouragedan eligible U.S. worker from applying failed to hire discharged or otherwise discriminated against an eligible U.S. worker or discovered violations involving the same the SWA agrees to refer all such complaints to the U.S. Department of Justice Civil Rights Division Immigrant and Employee Rights section in addition to any activity investigation and or enforcement action taken by the state agency and provide a copy of such referral to the DOL CO at H2ASWA.Chicago dol.gov. D.Permanent Labor Certification Program The SWA s lab or exchange system is accessible to employers who are required to place a job order in connection with an Application for Permanent Employment Certification as set forth in 20 CFR part 656 and facilitates the referral of qualified and available U.S. workers for consideration and The SWA understands that these labor exchange services are already covered by existing Wagner-Peyser formula grants not by the foreign labor certification grants that are the subject of this TEGL. E.Grantee Contact Information H-2A Program Point-of-Contact Last name First name Click or tap here to enter text. Click or tap here to enter text. Job title Click or tap here to enter text. City State Postal code Click or tap here to enter text. Click or tap here Click or tap here to to enter text. enter text. Telephone number including extension Click or tap here to enter text. Job title First name Job title Address Click or tap here to enter text. City Telephone number including extension E-mail address Click or tap here to enter text. State Postal code Fax number Click or tap here to enter text. III-17 H-2B Program Point-of-Contact if different than the contact listed above Last name Click or tap here to enter text. First name Click or tap here to enter text. Job title Click or tap here to enter text. Address Click or tap here to enter text. City Click or tap here to enter text. State Click or tap here to enter text. Postal code Click or tap here to enter text. Telephone number including extension Click or tap here to enter text. Fax number Click or tap here to enter text. E-mail addres s Click or tap here to enter text. Fiscal Grant Point-of-Contact if different than the contact listed above Last name Click or tap here to enter text. First name Click or tap here to enter text. Job title Click or tap here to enter text. Address Click or tap here to enter text. City Click or tap here to enter text. State Click or tap here to enter text. Postal code Click or tap here to enter text. Telephone number including extension Click or tap here to enter text. Fax number Click or tap here to enter text. E-mail addres s Click or tap here to enter text . OMB Paperwork Reduction Act OMB Control Number 1225-0086 Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. This information is being collected for purposes of awarding a grant. Your response is required in order to obtain or retain a benefit. See Wagner-Peyser Act section 9 29 U.S.C. 49 i . Public reporting burden for this collection of information is estimated to average approximately 4 four hours per response including the time for reviewing instructions searching existing data sources gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding this burden estimate to the U.S. Department of Labor-OASAM Office of The Chief Information Officer Room 1N1301 200 Constitution Ave. NW Washington DC 20210. III-18