Requirements for Employers of Migrants Engaged in Hand Labor

Employers, migrant labor contractors, crew leaders must provide:

• Sufficient potable drinking water to meet the needs of workers engaged in hand labor at a readily accessible location.
• Water that is suitably cool.
• Water in a sufficient quantity provide at least one quart per worker per hour for drinking for the entire shift.
• Single serving drinking cups or water bottles.
• Water containers that are covered, cleaned, and refilled at least daily or more often as necessary.
• Workers with reasonable opportunities to hydrate throughout the workday.

Note, use of common drinking cups or dippers is prohibited.

Effective on June 2, 2026

Employers, migrant labor contractors, crew leaders and supervisors must take steps to ensure workers are protected from heat related illness.

Heat Illness Prevention Plan

All employers, including migrant labor contractors, who employ workers engaged in a hand labor must establish, implement, and maintain, an effective heat illness prevention plan.

The Heat Illness Prevention Plan must be:

• Written in English and in the language of the workers if other than English.
• Displayed at the migrant labor camp.
• Provided to the Department of Workforce Development if requested.

The Heat Illness Protective Plan must include:

• Procedures identifying how the drinking water requirements (under DWD 301.09(2m)(b)) will be met.
• Procedures identifying how the shade requirements (under DWD 301.09(2m)(e)) will be met.
• Procedures identifying how effective communication by voice, observation, or electronic means will be maintained so that workers engaged in hand labor can contact a supervisor or emergency medical services when necessary.
  • Note: An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable.
• A description of how supervisors and crew leaders will respond to signs and symptoms of possible heat illness of workers engaged in hand labor, including first aid measures and procedures for providing emergency medical services.
• Explanation of how emergency medical services will be contacted and, if necessary, transport workers engaged in hand labor to a place where they can be reached by an emergency medical services provider.
• A method to ensure that, in emergencies, clear and precise directions are provided as needed to emergency responders.
  • Note: Employers, crew leaders, and workers need to be able to describe to emergency responders how to find their location.

DWD created a Heat Illness Prevention Plan template, DETM-19830-E, for employers to use.

Effective on June 2, 2026

Employers, migrant labor contractors, crew leaders and supervisors, must:

• Make themselves aware of the signs or symptoms of heat illness.
• Monitor workers for any signs or symptoms of heat illness.
• Take immediate action when a worker is displaying signs or symptom of heat illness proportionate to the severity of the illness.
• Implement emergency response procedures described in the Heat Illness Prevention Plan if worker's signs and symptoms include indicators of severe heat illness, such as:
  • decreased level of consciousness
  • staggering
  • vomiting
  • disorientation
  • irrational behavior
  • convulsions

Effective on June 2, 2026

Employers, migrant labor contractors, crew leaders and supervisors shall allow and encourage workers to take a preventative cool-down rest in the shade at any time when they feel the need to do so to protect themselves from overheating.

If a worker takes a preventative cool-down rest, all the following apply:

• The worker shall be monitored and asked if the worker is experiencing symptoms of heat illness.
• The worker shall be encouraged to remain in the shade.
• The worker may not be ordered back to work until any signs or symptoms of heat illness have abated or until 5 minutes after the worker obtained access to the shade, whichever is later.

If a worker exhibits signs or reports symptoms of heat illness while taking a preventative cool-down rest the employer shall provide appropriate first aid or emergency response as specified in the heat illness prevention plan.

Effective on June 2, 2026

If the temperature does not exceed 80 degrees, the employer must either:

Maintain one or more areas with shade at all times while workers are present that are either open to the air or provided with ventilation or cooling; or provide timely access to shade upon a worker's request.

If the temperature exceeds 80 degrees, the employer must:

• Maintain one or more areas with shade at all times while workers are present.
• Ensure that shade is either open to the air or provided with ventilation or cooling.
• Ensure that the amount of shade present is at least enough to accommodate the number of workers resting or taking outdoor meals so that the workers can sit fully in the shade in a normal posture without being in physical contact with each other.
• Ensure that the shade is be located as close as practicable to the areas where workers are working.

Effective on June 2, 2026

If the temperature exceeds 95 degrees, the employer must:

• Meet all of the requirements listed above for temperatures exceeding 80 Degrees.
• Meet all requirements regarding cool-down breaks.
• Implement high heat procedures, including:
  • Ensuring that effective communication by voice, observation, or electronic means is maintained so that workers at a work site can contact a supervisor when necessary.
    • Note: An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable.
  • Observing workers for alertness and signs or symptoms of heat illness.
  • Designating one or more employees at each work site as authorized to call for emergency medical services and allowing other employees to call for emergency medical services when no designated worker is available.
    • Note: Employers must also ensure workers know how to describe their location to emergency responders
  • Reminding workers throughout the work shift to drink plenty of water.
  • Holding pre-shift meetings before the commencement of work to:
    • Review the high heat procedures.
    • Encourage workers to drink plenty of water.
    • Remind workers of their right to take a preventative cool-down rest when necessary.

Effective on June 2, 2026

NIOSH Heat Stress App

It is suggested that all supervisors, managers, and crew leaders should download The National Institute for Occupational Safety and Health (NIOSH) Heat Stress App to help keep our employees safe. Please encourage employees to download the application as well (available for iPhone and Android devices). Federal OSHA has provided training on how to use the app. https://www.cdc.gov/niosh/topics/heatstress/heatapp.html

Heat-Related Illnesses and Symptoms

For more information about this heat-related illnesses, visit:

• https://www.osha.gov/heat-exposure

Preventing Heat-Related Illnesses

• https://www.osha.gov/heat
• Posters, fact sheets and pocket cards: https://www.osha.gov/publications/bytopic/heat-illness-prevention
• Training Materials from the Association of Farmworker Opportunity Programs: https://afop.org/health-safety/heat-stress-prevention/
  • Heat Stress Flipchart
  • Heat Stress Prevention Pocket Size Brochure

Toilet facilities shall be provided:

• In the ratio of one facility per every 20 workers engaged in hand labor.
• Located within one-fourth mile of each worker's workplace in the field.
  • If not feasible, at the closest vehicular access to the workplace.
• Toilet facilities shall have doors than can be closed and latched from the inside.
• Must be clean and sanitary.
• Must be provided with an adequate supply of toilet paper.
• Waste must be disposed of property

Handwashing facilities shall be provided:

• In the ratio of one facility per every 20 workers engaged in hand labor.
• Located within one-fourth mile of each worker's workplace in the field
  • If not feasible, at the closest vehicular access to the workplace.
• Must be clean and sanitary.
• Waste must be disposed of property.

Per DWD 301.09(2m)(b) You must provide at least one quart of suitably cool water per person per hour.

No, per DWD 301.09(2m)(b)1. you can have a plan to refill the water throughout the day. Your Heat Illness Prevention Plan must include the steps you will take to refill the water throughout the day.

The water must be provided at a readily accessible location. The fountain or hose must be close to where the workers are working.