|
NC Agribusiness Council comments on H-2A proposed regs
Story Date: 9/25/2019
| |
Source: NCAGRIBUSINESS COUNCIL, 9/24/19
The North Carolina Agribusiness Council (NCAg) appreciates the opportunity to comment on the United States Department of Labor (USDOL) latest proposed rule regarding temporary agricultural employment of H-2A non-immigrants in the United States. Following are suggestions and comments that NCAg offers for consideration.
While NCAg believes that electronic filing has been a great step for helping to expedite the application and approval process, we are concerned about the lack of broadband connectivity, which could make an electronic filing mandate difficult for many in rural North Carolina; therefore, at this time, we believe it is essential to allow exceptions for those who lack access to the necessary technology.
NCAg supports the agency’s proposal regarding self inspection of housing. In North Carolina, the NC Department of Labor certifies housing for H-2A, and has developed a self inspection program called the Gold Star Grower Program, which allows growers who have been inspected two years in a row without any infractions to self inspect, if no changes to the housing has been made. NCAg believes the NCDOL program could be a model for other states.
NCAg supports changes to post-certification modifications, and believes this would not only help farmers meet changing needs, but also would help USDOL streamline the process. This change would represent a significant efficiency improvement.
NCAg supports efforts to streamline the recruitment process. Allowing the start date to be 14 days within anticipated first date would be extremely beneficial as would the proposed staggered entry provision.
The wage rate is an aspect of the H-2A program that has always been problematic for farmers because of the varying and unpredictable adverse effect wage rate (AEWR) methodology. Predictability of the wage rate is a top priority and neither the current nor the proposed wage rate methodology appears to be acceptable. Furthermore, neither the current nor the proposed methodology takes into account the real costs that a farmer pays on behalf of workers for benefits such as housing and transportation, both of which are considerable costs that most non-H-2A employees in the wage rate survey have to pay for out of their wages yet for H-2A these benefits are “on top” of the wage rate – making the H-2A wage artificially inflated above the surveyed wage rates.
Finally, NCAg would offer that the H-2A program is well known for being a complicated program and many farmers in North Carolina rely on farm labor contractors to provide workers to their farm. Training and education is greatly needed to help both farmers and farm labor contractors better understand how to navigate the process of getting workers and also understand all of the various requirements as it relates to H-2A wages, housing, transportation, etc. Improved compliance benefits everyone – and USDOL could do a much better job of partnering with educational entities, such as Cooperative Extension Service, as well as non-profits, such as AgSafe, that specialize in training for farmers and farm labor contractors by providing grant opportunities to significantly increase training and educational sessions.
Again, thank you for the opportunity to comment on the proposed regulation changes.
|
|
|
|
