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29 U.S.C. § 1823 — Safety and health of housing

submitted 43 years ago by Pub. L. 97-470 to r/title-29-LABOR · 357 words · no verdicts yet

in plain englishAI-generated · not legal advice

People who own or control housing for migrant agricultural workers must ensure that it meets applicable Federal and State safety and health standards. The section requires certification and posting before occupation, but allows occupation after a timely unanswered inspection request and exempts ordinary commercial housing offered on the same terms as to the public.

(a) Compliance with standards. Except as provided in subsection (c), each person who owns or controls a facility or real property used to house migrant agricultural workers is responsible for making sure it meets the substantive Federal and State safety and health standards that apply to that housing. (b) Certification and posting. (1) Except under subsection (c) or paragraph (2), migrant agricultural workers may not occupy the facility or property unless a State or local health authority or other appropriate agency certifies that it meets the applicable standards. The owner or controller may not allow occupation unless a copy of the occupancy certification is posted at the site. The certification does not remove the responsibility under subsection (a). The owner or controller must keep the original for 3 years and make it available for inspection and review under section 1862. (2) If an inspection is requested from the appropriate State or local agency at least 45 days before occupation and the agency has not inspected by the occupation date, the workers may occupy the facility or property. (c) Commercial housing. The section does not apply to someone who, in the ordinary course of business, regularly provides housing commercially to the general public and provides migrant workers housing of the same character and on the same or comparable terms and conditions as the public receives.

the actual law source: uscode.house.gov ↗public domain
(a) Compliance with substantive Federal and State safety and health standards

Except as provided in subsection (c), each person who owns or controls a facility or real property which is used as housing for migrant agricultural workers shall be responsible for ensuring that the facility or real property complies with substantive Federal and State safety and health standards applicable to that housing.

(b) Certification that applicable safety and health standards met; posting of certificate of occupancy; retention of certificate and availability for inspection and review; occupancy prior to inspection
(1)

Except as provided in subsection (c) and paragraph (2) of this subsection, no facility or real property may be occupied by any migrant agricultural worker unless either a State or local health authority or other appropriate agency has certified that the facility or property meets applicable safety and health standards. No person who owns or controls any such facility or property shall permit it to be occupied by any migrant agricultural worker unless a copy of the certification of occupancy is posted at the site. The receipt and posting of a certificate of occupancy does not relieve any person of responsibilities under subsection (a). Each such person shall retain the original certification for three years and shall make it available for inspection and review in accordance with section 1862 of this title.

(2)

Notwithstanding paragraph (1) of this subsection, if a request for the inspection of a facility or real property is made to the appropriate State or local agency at least forty-five days prior to the date on which it is occupied by migrant agricultural workers and such agency has not conducted an inspection by such date, the facility or property may be so occupied.

(c) Applicability to providers of housing on a commercial basis to the general public

This section does not apply to any person who, in the ordinary course of that person’s business, regularly provides housing on a commercial basis to the general public and who provides housing to migrant agricultural workers of the same character and on the same or comparable terms and conditions as is provided to the general public.

Source credit: (Pub. L. 97–470, title II, § 203, Jan. 14, 1983, 96 Stat. 2591.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 97-470 · 96 Stat. 2591

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-470 on 1983-01-14.

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