North Carolina, Raleigh- Just as it establishes According to the U.S. Department of Labor, H2A worker housing must be provided free of charge by the employer.
In North Carolina, in addition, people with H2A visas are protected by the Housing Law for Migrant Workers. This is a rule that specifically indicates that housing provided by the employer, in addition to being free, must be “free from hazards that could cause death or serious injury.”
In other words, the law establishes that housing must be “decent and safe,” and imposes certain requirements for employers to offer it to migrant agricultural workers. For example, the home must have a mattress and blanket for each person, a heating system, refrigerators, electricity, and a first aid kit.
Related: Guide for Farmworkers in North Carolina
What are the housing requirements for H2A workers?
To ensure that the housing of H-2A workers is safe and dignified, the North Carolina Department of Labor (NCDOL) must inspect all spaces and issue a certification.
In this sense, the NCDOL has a list to corroborate the condition of the home. According to the regulations, the following requirements must be met:
H2A worker housing site
●It must be well drained and have more than 200 feet (61 m) of standing water.
●Cooking and sleeping areas must be more than 500 feet (150 m) away from any livestock, unless it is considered safe or if it is a chicken coop.
●The space must be kept clean during occupancy and must be cleaned after the occupants move out.
Structures
●The structure must protect the inhabitants from the weather and must not have holes in the floor, walls or roof.
●Ceilings must be at least 7 feet (2,1 m) high, unless there is a permit for prefabricated homes with ceilings less than 7 feet (2,1 m) high.
●The bedroom must have at least 50 square feet per occupant. If the occupants cook, live, and sleep in the same space, then 100 square feet (9.3 m2) per occupant must be provided.
●Floors must be made of wood, concrete, or asphalt. If made of wood, it must be smooth and tight, and must be raised at least 1 foot (0,30 m) above the ground.
●The window area must be equal to 10% of the floor area. Half of each window must be able to be opened for ventilation. There must be screens on all doors and windows.
●There must be a ceiling light and an electrical outlet in each room.
●Smoke detectors must be provided in every building where workers sleep and that is larger than 900 square feet.
●All multi-story buildings must have a staircase and a fire extinguisher.
●Each worker must have a mattress and a cover in good condition, as well as a bed, cot or bunk bed.
Related: What is the minimum wage for an H2A farmworker in 2025?
H2A workers' housing kitchen
●Each kitchen must be kept clean.
●Each kitchen must have a stove with at least one burner for every 5 people with at least 2 burners, a refrigerator, a table and a sink that provides hot and cold running water.
●It must have food storage facilities that are kept clean.
Bathrooms
●1 bathroom for every 15 people of the same sex.
●1 urinal for every 25 men.
●Bathrooms must be at least 100 feet (30 m) away from any bedroom, but within 200 feet (61 m) of the bedrooms.
●It must be able to be ventilated and workers should not have to walk through someone else's bedroom to get to the bathroom.
●Bathrooms must be marked as “men” and “women” in English and in the workers’ native language.
● Bathrooms should be well-lit, stocked with toilet paper, and kept clean daily.
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Laundry and bathroom
●Cold and hot water must be available in the H-2A workers' housing.
●Showers should be able to reach 70 degrees during the cold seasons.
●Floors and walls must be smooth and have drainage systems.
●1 shower head for every 10 people; 1 sink for every 6 people; 1 wash tub for every 30 people.
●To dry clothes: a clothesline or machine must be provided.
●All buildings must be kept clean.
Heating
●If the outside temperature falls below 50 degrees, the indoor heating should be set to 65-70 degrees.
Water and sewer
●Drinking water and sewage systems must be approved and controlled by the local health department.
●The water outlet must be within 100 feet (30 m) of the camp and one water source for every 100 workers.
Trash
●The grounds and campsite must be kept clean and free of trash and debris.
●Sealable garbage containers must be provided and must be within 100 feet (30 m) of the camp.
●Containers must be kept clean and emptied when full.
Health:
●Each H-2A worker's housing unit must have a first aid kit on site and someone trained in first aid must be available.
●If any worker has a contagious disease, they should go to the local health department.
Complaints
Migrant farmworkers whose housing does not meet requirements can file a complaint with the North Carolina Department of Labor. Additionally, the law gives whistleblowers the right to request that their names not be revealed to their employers.
H2A worker housing complaints can be filed in Spanish. by clicking on this NCDOL link
They can also be done by phone by calling 919-779-8560 or 1-800-NC-LABOR (1-800-625-2267). In that case, bilingual operators may also provide care in Spanish to take your complaint.
In both cases, once the complaint is received, Department of Labor inspectors will begin an investigation into the housing conditions of H-2A workers.
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