Attachment III (Accessible PDF).pdf

ETA Advisory File Text

Attachment III Instructions for FY202 4 Grant Plan The SWA grant application must be developed in accordance with the instructions contained in TEGL 12 -21 . The grant application package must be submitted via the www.grants.gov portal and include an updated Fiscal Year Annual Plan . When TEGL 12 -21 was published the expiration date of the Fiscal Year Annual Plan f orm was 07 31 202 2. The f orm s expiration date has since been updated to 07 31 202 5. Important Reminder The SWA must submit a completed grant application package to ETA using the www.grants.gov portal no later than 30 calendar days f rom the date of this guidance. The grant application package must consist of the f ollowing documents Fiscal Year Annual Plan Expiration Date 07 31 2025 Of f ice of Management and Budget OMB Control No. 1225 -0086 An annual plan certif ication in accordance with and provided in Attachment IV of this guidance An SF -424 Application f or Federal Assistance Expiration date 1 31 2025 OMB Control No. 4040 -0004 An SF -424A Budget Inf ormation Non -Construction Programs Expiration Date 02 28 2025 OMB Control No. 4040 -0006 A budget narrative drafted in accordance with the instructions provided in Attachment V of this guidance A j ustif ication and supporting documentation f or any proposed equipment purchases of 5 000 or more and A Negotiated Indirect Cost Rate Agreement if applicable . III -1 OMB Approva l 1225 -0086 Expira tion Da te 07 31 202 5 FISCAL YEAR FY 202 4 ANNUAL PLAN Please complete all yellow highlighted fields Insert Official Name of SWA not that of an individual Hereafter referred to as the state agency FILL IN NAME OF STATE AGENCY 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 Certif ication Workload Category of OFLC Program Services Activities Previous Year FY 202 3 Current Year FY 202 4 Current Year FY 202 4 Total Estimated Workload f or Current Year Workload Workload Workload FY 2024 1 per ETA 9127 Report Completed Projected Add previous 2 columns A. Num ber of a gricultura l preva iling wa ge surveys conducted a nd projected to be conducted under section C.4 . 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. B. Num ber of a gricultura l preva iling pra ctice surveys conducted a nd projected to be conducted under section C.5 . 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. C. Num ber of CW -1 job of f ers m a inta ined on website only a pplica ble f or CNMI . 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. D. Num ber of H -2A a nd H -2B rela ted sta keholder outrea ch events under sections B.1 a nd C.1. 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. E. Num ber of stakeholders reached by H-2A a nd H -2B rela ted outrea ch events conducted under sections B.1 a nd C.1. 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 F. Num ber of Full Tim e Equivalent FTE sta f f f unded by this gra nt. 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. G. Num ber of H -2A a nd H -2B post -certif ica tion site visits. 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. 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 th e governing provision of the CNMI Interim Final Rule codified at 20 CFR 655.442. III -2 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 specif ic cases af ter consultation with appropriate agencies of the G overnment 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 certif ication f rom DOL which serves as DOL s advice to DHS regard ing whether a qualif ied U.S. worker is available to f ill the petitioning H -2B employer s job opportunity and whether a f oreign worker s employment in the job opportunity will adversely af f ect the wages or working conditions of similarly employed U.S. worke rs. 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 certif ication under the H -2B program. Specif i cally the SWA agrees to carry out the f ollowing 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 f ollowing resources such as Inf ormation 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 f orm that is accessible and can be completed electronically and current con tact inf ormation within the SWA f or employers to request technical assistance. Worker rights inf ormation developed by the SWA or as provided below o Employee Rights Under the H -2B Program Poster PDF o Spanish Version Poster PDF o H-2B Worker Rights and COVID -19 PDF o Spanish Version Poster PDF . Educate employers about the responsibilities associated with the use of f oreign labor recruiters and ban on prohibited f ees. To the extent practicable the SWA agrees to maintain an up -to-date listing of contacts associated with the central of fice of the State Federation of Labor and of f ice s of local union s representing employees in occupations traditionally or customarily unionized and make the list readily available to employers . No less f requently than once a year the SWA will electronically disseminate to employers who routinely use the H -2B program helpf ul tips or best practices on preparing high quality job orders inf ormation on any relevant state -specific and local employmen t-related laws including health and saf ety laws and requirements impacting the material terms or conditions of employer job orders and the most current version of the state agency s job order f orm and instructions. In addition the SWA will also make ef f ort to III -3 Remind and educate employers about 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 r eligion national origin or sex and makes employers accountable for providing a work environment that is f ree f rom harassment an d other kinds of discrimination. Where requested and funds permitting the SWA will participate in local or state employer roundtables conferences or other stakeholder f orums to present and or disseminate inf ormation related to the H -2B program. 2. Placement of Clearance Orders Attached to H -2B Applications In accordance with the Wagner -Peyser Act 29 U.S.C. 49 et seq . the SWA already administers a public labor exchange system that f acilitates the placement of employer job orders into clearance and ref erral of prospective U.S. applicants to current and f uture job opportunities. This broader labor exchange system is f unded through the SWA s separate Employment Service grant. The costs associated with posting job orders connected to H -2B application s may also be charged to the FLC grant. The SWA s labor exchange system which is ref erred to as insert Labor Exchange System name here is accessible to employers required to place a job order in connection with a concurrently f iled H -2B Application for Temporary Employment Certification with DOL pursuant to 20 CFR 655.16 and all applicable laws and regulations . The inf ormation collected on the job order f rom employers who seek temporary labor certif ication to employ H-2B workers is substantially similar to the inf ormation collected f rom all other employers using the SWA labor exchange system . The SWA has capability f or employers to place job orders f or review in the f ollowing manner Please check all that apply Self -services by accessing the SWA s labor exchange system Insert state labor exchange system website link here Staf f -assisted job order services by submitting a draf t 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 f orm and or system DOES contain an entry f ield or option permitting employers to identify that the job order is being placed in connection with a concurrently submitted Application for Temporary Employment Certification f or H -2B workers OR The SWA s job order f orm and or system DOES NOT contain an entry f ield or option permitting employers to identif y that the job order is being placed in connection with a concurrently submitted Application for Temporary Employment Certification f or H -2B workers. Theref ore employers can provide the notif ication required by regulation at 20 CFR 655.16 a 1 to the SWA in the f ollowing manner Insert a brief description of how and to whom employers can provide the state agency with the required notification Please check all that apply The SWA has submitted with this grant plan a current electronic copy of the f orm and general instructions employers are required to use to submit job orders. The standard job order f orm and general instructions are easily accessible to employers on a website maintained by the SWA a t Insert state agency website link here III -4 3. Processing of Clearance Orders Attached to H -2B Applications Upon receipt the SWA will review the job order submitted by the employer f or compliance with the regulatory criteria under 20 CFR 655.18 1 as well as any state -specif ic requirements. In circumstances where a waiver of the required time period f or f iling an Application for Temporary Labor Certification is granted under 20 CFR 655. 17 the DOL Certif ying Of f icer CO will f orward the Notice of Acceptance NOA and the approved job order to the SWA. a. Compliance Review of Job Orders Using an authorized SWA FLAG System account the SWA will notif y the DOL CO of any def iciencies within six business days of the date the employer s job order was received For each def iciency identif ied the SWA will state the reason s why the job order f ails to meet the criteria under 20 CFR 655.18 For each def iciency identified related to a state -specif ic requirement the SWA will provide the applicable statutory or regulatory citation s and state the modif ication s needed f or the DOL CO to issue a NOA and In circumstances where a timely review of the job order by the SWA cannot be perf ormed the state agency understands that the DOL CO has the authority to issue a Notice of Def iciency 20 CFR 655.31 or a Notice of Acceptance 20 CFR 655.33 within seven business days of receipt. b. Processing of Approved Job Orders Upon receipt of a NOA under 20 CFR 655.33 the SWA will perf orm the f ollowing 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 modif ied documents through the SWA FLAG System account Promptly place on its active f ile the job order approved by the DOL 1 The Further Consolidated Appropriations Act 202 4 prohibits DOL from using FY 202 X 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. 118.47 Div. H Tit. I Sec. 111 . 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 re main in effect thus imposing a legal duty on H -2B employers even though the DOL is currently prohibited from using funds to enforce them. III -5 CO as well as job orders received f rom other SWAs pursuant to 20 CFR 655.16 c for intrastate clearance until the end of the recruitment period as specif ied by the DOL CO i.e. 21 days bef ore the start date of need set f orth in 20 CFR 655.40 c Where the employer s job order ref erences an area of intended employment that f alls within the jurisdiction of more than one SWA the originating SWA will promptly notif y the NPC that a copy of the approved job order must be f orwarded to the other SWAs serving the area of int ended employment 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 of f ice of the State Federation of Labor and any local union of f ice s representing employees in the same or substantially equivalent job classification in the area s in which work will be perf ormed under the approved job order and To the extent practicable the SWA agrees to maintain an up -to-date listing of contacts associated with the central of f ice of the State Federation of Labor and of f ice s of local union s representing employees in occupations traditionally or customarily unionized. c. Ref erral of Qualif ied and Available U.S. Workers The SWA s public labor exchange services have the capability whether by self -service or staf f -assisted services to apprise prospective U.S. workers of all the material terms and conditions of the employer s job opportunity prior to ref erral as required by 20 CFR 655.47 The SWA will use its public labor exchange services i.e. self -service job bank system and or one -stop career centers to ref er to the employer all qualif ied U.S. workers who apply f or 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 f oreign labor certif ication grants that are the subject of this TEGL Upon request by the DOL CO the SWA will make available records of U.S. workers ref erred through an approved job order to assist the DOL CO in making a f inal determination on the employer s Application for Temporary Employment Certification as specif ied in 20 CFR 655.50 using the SWA FLAG System account and III -6 For complaints against an employer about a specif ic H -2B job order the SWA agrees to utilize the existing Employment Service and Employment -Related Law C omplaint System described at 20 CFR 658 Subpart E. Please note that these activities will be covered by existing Wagner -Peyser f ormula grants and not by the f oreign labor certif ication grants that are the subject of this TEGL. Complainants may submit a complaint through the Employment Service and Employment -Related Law Complaint System using one or more of the f ollowing methods Website Insert the website URL where a complaint can be filed online if applicable Email Insert the email address for the SWA -level complaint system representative Mailing Address Insert the mailing address for the SWA -level complaint system representative Telephone Number for the SWA Complaint System Representative Insert the phone number for the SWA -level complaint system representative American Job Centers AJCs Insert a website URL where complainants can access a directory of AJCs Other Method s Insert a brief description of any other methods through which complain an ts may 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 af ter a f inal determination is issued under 20 CFR 655.50 in the f ollowing manner In accordance with 20 CFR 655.57 and upon request by the DOL CO the SWA agrees to promptly provide inf ormation concerning the availability of U.S. workers to replace some or all the qualif ied U.S. workers who were initially deemed available in support of a partial certif ication or denial determination on the employer s Application for Temporary Employment Certification using the SWA FLAG System account For complaints involving allegation of f raud or misrepresentation the SWA agrees to ref er all such complaints to the DOL CO at H2BSWA.Chicago dol.gov f or appropriate handling and resolution in addition to other appropriate enf orcement agencies and organizations as required by 20 CFR 658.411 III -7 In accordance with 29 CFR 503.7 the SWA agrees to ref er to the appropriate of f ice of the Wage 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 ref erral to the DOL CO at h2bcomplaints.chicago dol.gov in addition to other appropriate enforcement agencies and organizations as required by 20 CFR 658.411 and The SWA agrees to cooperate and make available all appropriate records and inf ormation upon request f rom 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. To the extent resources are available the SWA agrees that staf f f unded through the FLC grant will conduct and or cooperate with and assist Wagner -Peyser Employment Service grant activities that support employer compliance with approved H -2B job orders and certif ied H -2B applications f or temporary labor certif ication under 20 CFR 655. This means that FLC grant f unds may be used to support SWA processing of Complaints and Apparent Violations through the Employment Service and Employment -Related Law Complain t System described at 20 CFR 658 Subpart E. All activities f unded through the FLC grant f or such Employment Service activities will be f ully documented as required by 20 CFR 655 and 20 CFR 658 Subpart E and all related records and f indings will be availa ble to the DOL CO f or other appropriate action under 20 CFR 655 Subpart A. The SWA may also provide any f indings or related records to the Wage and Hour Division Occupational Saf ety and Health Administration or any other appropriate government enf orceme nt agencies. 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 employ f oreign workers to perf orm agricultural labor or services of a temporary or seasonal nature where the DOL certif ies that there are not suf f icient qualified U.S. workers available to f ill the petitioning employer s job opportunity and a f oreign worker s employment in the job opportunity will not adversely af f ect 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 certif ication under the H -2A program. The SWA will use the FLAG System to submit clearance orders to OFLC. Specif ically the SWA agrees to carry out the f ollowing activities III -8 1. Stakeholder Education and Outreach As part of its comprehensive education and outreach plan the SWA will make available in a conspicuous location on the state agency website the f ollowing Inf ormation on how employers may attach H -2A applications to Agricultural Clearance Orders through the Agricultural Recruitment System f or 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 f or f armworkers if applicable and the current contact inf ormation f or employers to request technical assistance f rom the state agency. Worker rights inf ormation created by the SWA or as provided below o Employee Rights Under the H -2A Program PDF Employee Rights Under the H -2A Program Spanish Version PDF o H-2A Worker Rights Card - English Version PDF H-2A Worker Rights Card - Spanish Version PDF o Farm Worker Rights Flyer English and Spanish Version PDF Materials e ducat ing employers about the responsibilities associated with the use of f oreign labor recruiters and ban on prohibited f ees. No less f requently than once a year the SWA will electronically disseminate to employers who routinely use the H -2A program helpf ul tips or best practices on preparing high quality job orders and if applicable inf ormation on any relevant state -specif ic requirements e.g. current prevailing practices or normal and accepted requirements and local employment -related laws including health and saf ety laws impacting the material terms or conditions of employer job orders. In addition the SWA will make ef f ort to Remind and educate employers about 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 r eligion national origin or sex and makes employers accountable for providing a work environment that is f ree f rom harassment an d other kinds of discrimination. Where requested and funds permitting the SWA will participate in local or state employer roundtables conferences or other stakeholder f orums to present and or disseminate inf ormation related to the H -2A program. III-9 2. Placement of Clearance Orders Attached to H -2A Applications In accordance with the Wagner -Peyser Act 29 U.S.C. 49 et seq . the SWA already administers a public labor exchange system that f acilitates the placement of employer job orders into clearance and ref erral of prospective U.S. applicants to current and f uture job opportunities. This broader labor exchange system is f unded through the SWA s separate Employment Service grant. The c osts associated with posting job orders connected to H -2A applications may also be charged to the FLC grant. The SWA f ully utilizes the Department s FLAG System to process the Agriculture Clearance Order Form ETA -790 790A f iled by employers in connection with a f uture f iled 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 request the SWA will review the ETA Form 790 and 790A submitted by the employer f or completeness obvious errors or inaccuracies and compliance with the regulatory criteria under 20 CFR 655.122 and 20 CFR 653 subpart F. In circumstances where a waiver of the required time period f or f iling an H -2A application is granted under 20 CFR 655.134 f or emergency situations the SWA will review the proposed or draf t clearance order upon request by the DOL CO and ma de available using the SWA FLAG System account. a. Compliance Review of Clearance Orders The SWA will notif y the employer of any def iciencies within seven calendar days of the date the employer s job order was received In circumstances where def iciencies are identif ied the SWA will promptly record the decision using the SWA FLAG System account and provide written notif ication to the employer stating the reason s why the job order f ails to meet the regulatory criteria a nd of f ering an opportunity to respond to the def iciencies within f ive calendar days af ter receipt of the state agency s written notif ication and make a copy of this notif ication available f or 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 f or the DOL CO s review using the SWA FLAG System account and III-10 In circumstances where a timely review of the job order cannot be perf ormed the SWA understands that the employer is permitted to use the emergency f iling procedures f or f iling an H -2A application set f orth in 20 CFR 655.134. b. Processing of Approved Clearance Orders Upon determin ing 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 of f ice serving the area of intended employment to initially determine wheth er qualif ied local workers are available f or the job opportunity or 2 make a determination anticipating a shortage of qualif ied local workers f or the job opportunity and place the approved job order f or 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 f ile until the end of the recruitment period i.e. 50 percent of the period of employment as set f orth in 20 CFR 655.135 d Where the approved clearance order includes worksites in an area of intended employment that f all within the jurisdiction of more than one SWA the order -holding SWA agrees to f orward 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 f ile until the end of the recruitment period and Upon receipt of a NOA under 20 CFR 655.143 the SWA will perf orm the f ollowing actions when instructed by the DOL CO In circumstances where the clearance order remains on the active f ile of the local ES of f ice 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 f ile the clearance order approved by the DOL CO as well as clearance orders received f rom other SWAs f or clearance per 20 CFR 655.121 b 2 until the end of the recruitment period as set f orth in 20 CFR 655.135 d . III -11 Where the employer s job order ref erences an area of intended employment that f alls within the jurisdiction of more than one SWA the originating SWA will promptly notif y the NPC that a copy of the approved job order must be f orwarded to the other SWAs serving the area of intended employment . Provide written notice of the job opportunity to organizations that provide employment and training services to workers likely to apply f or the job and or to place written notice of the job opportunity in other physical locations where such workers are lik ely to gather per 20 CFR 655.143 b 6 . c. Ref erral of Qualif ied and Available U.S. Workers The SWA will use its public labor exchange services to ref er to the employer all qualif ied U.S. workers who apply f or the job opportunity or on whose behalf a job application is made until 50 percent of the contract period calculated f rom the f irst date in dicated 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 ref erral as required by 20 CFR 655.155. Please note that these activit ies are covered by existing Wagner -Peyser f ormula grants and not by the f oreign labor certif ication 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 ref erred through an approved clearance order to assist the DOL CO in making a f inal determination on the employer s Application for Temporary Employment Certification under 20 CFR 655.160. d. Providing Written Notice of Certain Job Opportunities Placed in Connection with H -2A Applications The SWA will if directed by the DOL CO provide written notice of a job opportunity to organizations that provide employment and training services to workers likely to apply f or that job opportunity and or place written notice of that job opportunity in o ther physical locations where such workers are likely to gather per 20 CFR 655.143 b 6 . III -12 4. Conducting Prevailing Wage Surveys This section of the grant plan identif ies the schedule of the agricultural prevailing wage surveys including logging activities the SWA plans to conduct during the perf ormance period of the grant including anticipated survey timeframes by area e.g. s tatewide regional crop or agricultural activity and if applicable distinct work task or tasks perf ormed in that activity survey means e.g. f ield survey telephone survey and approximately when wage results are expected to be transmitted to the OFLC National Of f ice via the Forms ETA -232 f or review. To the extent practicable the SWA will prioritize its limited resources including resources provided under the existing Wagner -Peyser f ormula grants on conducting wage surveys in the major crops or other agricultural activities or distinct work task s where seasonal H -2A workers are regularly employed particularly those agricultural activities paying workers on a piece rate basis The SWA or other State agency will consider the available resources to conduct the survey the size of the agricultural population covered by the survey and any dif f erent wage structures in the crop or agricultural activity within the State in selecting an appropriate geographic area t o survey. See 20 CFR 655.120 c 1 vi and The SWA agrees to submit all completed and signed Form ETA -232 prevailing wage survey f indings to the DOL OFLC National Of f ice in accordance with instructions contained in this TEGL and the regulations at 20 CFR 655.120 c . The SWA must provide an explanation f or not scheduling any prevailing wage surveys or f or reducing the number of wage surveys f rom previous year here Insert explanation SWA schedule of wage surveys inserted here and if necessary include attachments Survey Tim ef ra m es Survey Area s e.g. sta tewide regiona l Crops Agricultura l Activities Dist inct Work Ta sk s if a pplica ble Survey Mea ns e.g. site survey telephone Survey Tra nsm ission Tim ef ra m e to OFLC Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. III -13 5. Conducting Prevailing Practice and Normal Accepted Requirements Surveys This section of the grant plan identif ies the schedule of the agricultural prevailing practice and normal and accepted requirement surveys including logging activities the SWA plans to conduct during the perf ormance period of the grant in accordance with ETA Handbook No. 398 including anticipated survey timef rames 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 f or 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. Resources provided under the existing Wagner-Peyser f ormula grants may also be used to conduct prevailing practice and normal and accepted requirements surveys. The SWA must provide an explanation f or not scheduling any prevailing practice surveys or f or reducing the number of surveys f rom previous year here Insert explanation SWA schedule of employment practice surveys inserted here and if necessary include attachments If this is the same as provided above please indicate Same survey schedule without completing this table. Survey Survey Area s Crops Agricultura l Survey Mea ns Survey Tim ef ra m es e.g. Com m odities e.g. site Tra nsm ission sta tewide survey Tim ef ra m e to regiona l telephone OFLC Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. Click or ta p here to enter text. III-14 6. Scheduling and Conducting Housing Inspections All Housing Inspections. The SWA agrees to develop and maintain a plan to schedule housing inspections prior to the f iling of clearance orders f rom employers who regularly use the H-2A program and to the extent practicable actively encourage employers to have housing ready f or inspection at the time of f iling the clearance order or earlier. The SWA agrees to conduct housing inspections in accordance with applicable local state or Federal standards and provide notif ication to the employer of any deficiencies request correction in f ive calendar days and re- inspect to determine compliance. The SWA agrees to conduct housing inspections in accordance with Federal regulations at 20 CFR Parts 654 and 655 ETA standards f or housing units that were built prior to April 3rd 1980 unless the housing has undergone a major renovation. In this circumstance and f or all housing built on April 3rd 1980 or later the Occupational Saf ety and Health Administration standards set f orth at 29 CFR 1910.142 OSHA standards must apply. Additionally the SWA agrees to provide a copy of the approved housing inspection or other of f icial certif ication document to the employer and if applicable to the employer s authorized representative. Employer-Provided Housing. In accordance with 20 CFR 655.122 d 1 i the SWA agrees to schedule and conduct pre-occupancy inspections of housing to be f urnished 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 f ull set of DOL Occupational Saf ety and Health Administration standards set f orth at 29 CFR 1910.142 or the f ull set of standards at 20 CFR 654.404 through 654.417 whichever are applicable under 20 CFR 654.401. Special requirements f or range housing are provided below. Rental and or Public Accommodations. The SWA DOES NOT have jurisdiction to inspect rental and or public accommodation housing. The SWA DOES have jurisdiction under a state or local law regulation to perf orm 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 certif y that such housing used on the range is suf f icient to accommodate the number of certif ied workers and meets the requirements under 20 CFR 655.230 and all applicable standards contained in 20 CFR 655.235. III-15 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 approv ed using the FLAG system or via email at H2ASWA.Chicago dol.gov and The SWA agrees to promptly notif y the CNPC using the FLAG system 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 use alternative methods or arrangements f or conducting pre -occupancy housing inspections. The SWA is solely responsible f or scheduling and conducting pre -occupancy housing inspections. The SWA DOES use alternative methods memoranda of understanding or other contractual arrangements with the f ollowing 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 applic able regulatory standards and timef rames. Alternative Inspection Methods Only in emergency situations where physical housing inspections cannot reasonably be performed such as during FEMA declared emergencies due to Acts of God or other pandemic health emergencies the SWA may implement the below alternative methods and procedures on a temporary basis to verify that housing meets all applicable standards. The SWA will retain all documentation and records demonstrating compliance and make such inf ormation 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. III -16 7. Post -Determination Services The SWA agrees to provide support services to the DOL CO af ter a f inal determination in the f ollowing circumstances To the extent resources are available the SWA agrees that staf f f unded through the FLC grant will cooperate with and assist Wagner -Peyser Employment Service grant activities that support employer compliance with Agricultural Clearance Order requirements a t 20 CFR Parts 653 and 655. This means that FLC grant f unds 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 f ield c hecks as described at 20 CFR 653 Subpart F or other authorized inspections . All activities f unded through the FLC grant f or such Employment Service activities will be f ully documented as required by 20 CFR Part 653 and 20 CFR 658 Subpart E and all related records and f indings will be available to the State Monitor Advocate f or monitoring purposes and or to OFLC f or other appropriate action under 20 CFR 655 Subpart B. The SWA may also provide any f indings or related records to the Wage and Hour Division Occupational Saf ety and Health Administration or any other appropriate government enf orcement 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 the qualif ied U.S. workers who were initially deemed available in support of a partial certif ication or denial determination on the employer s H -2A application The SWA agrees to cooperate and make available all appropriate records and inf ormation upon request f rom any Federal of f icials assigned to perf orm an investigation inspection or law enf orcement 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 f ormula grants and not by the f oreign labor certif ication grants that are the subject of this TEGL SWAs agree to ref er complaints and apparent violations arising under the H -2A regulations which are not inf ormally resolved as described at 20 CFR 658.411 to the f ollowing recipients in addition to other appropriate enf orcement agencies or another publ ic agency a legal aid organization or a consumer advocate organization as appropriate For complaints and apparent violations involving allegation of f raud or misrepresentation the SWA agrees to ref er all such complaints to the DOL CO at H2ASWA.Chicago dol.gov f or appropriate handling and resolution III -17 For complaints and apparent violations involving contracts with workers the SWA agrees to ref er all such complaints to the nearest local or regional of f ice of the Wage Hour Division f or 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 discouraged an eligible U.S. worker f rom applying f ailed to hire discharged or otherwise discriminated against an eligible U.S. worker or discovered violations involving the same the SWA agrees to ref er 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 enf orcement action taken by the state agency and provide a copy of such ref erral to the DOL CO at H2ASWA.Chicago dol.gov . D. Permanent Labor Certification Program The SWA s labor 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 f orth in 20 CFR part 656 and f acilitates the ref erral of qualif ied and available U.S. workers f or consideration and The SWA understands that these labor exchange services are already covered by existing Wagner -Peyser f ormula grants not by the f oreign labor certif ication grants that are the subject of this TEGL. E. Grantee Contact Information H-2A Program Point -of-Contact La st na m e Click or tap here to enter text. First na m e Click or tap here to enter text. Job title Click or tap here to enter text. Address Click or ta p here to enter text. City Click or tap here to enter text. Sta te Click or tap here to enter text. Posta l code Click or tap here to enter text. Telephone num ber including extension Click or tap here to enter text. Fa x num ber Click or tap here to enter text. E-m a il a ddress Click or tap here to enter text. III -18 H-2B Program Point -of-Contact if dif f erent than the contact listed above La st na m e Click or tap here to enter text. First na m e 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. Sta te Click or tap here to enter text. Posta l code Click or tap here to enter text. Telephone num ber including extension Click or tap here to enter text. Fa x num ber Click or tap here to enter text. E-m a il a ddress Click or tap here to enter text. Fiscal Grant Point -of-Contact if dif f erent than the contact listed above La st na m e Click or ta p here to enter text. First na m e Click or ta p here to enter text. Job title Click or ta p here to enter text. Address Click or ta p here to enter text. City Click or ta p here to enter text. Sta te Click or ta p here to enter text. Posta l code Click or ta p here to enter text. Telephone num ber including extension Click or ta p here to enter text. Fa x num ber Click or ta p here to enter text. E-m a il a ddress Click or ta p 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 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 main taining the data needed and completing and reviewing the co llection of information. Send comments regarding this burden estimate to the U.S. Dep artment of Labor -OASAM Office of The Chief Information Officer Room N1301 200 Constitution Ave. NW Washington DC 20210. III -19