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Hiring Foreign Workers

Employers in the United States can hire foreign workers for temporary or seasonal jobs through the Department of Labor's (DOL) H-2A and H-2B programs when there are not enough available U.S. workers.

The DOL Office of Foreign Labor Certification administers these programs.

Employers may use:

  • H-2A – Temporary or seasonal agricultural workers
  • H-2B – Temporary non-agricultural workers

H-2A: Temporary or Seasonal Agricultural Workers

The H-2A program helps U.S. agricultural employers meet temporary or seasonal labor needs when there are not enough available domestic workers.

Examples of qualifying work include:

  • Planting crops
  • Cultivating crops
  • Harvesting crops

H-2A workers are protected by U.S. wage laws and California labor standards.

To participate in the program, employers must:

  1. Work with the State Workforce Agency (SWA) to recruit U.S. workers.
  2. Accept eligible referrals of U.S. workers who apply for the job.

Learn more about applying for the H-2A program.

H-2B: Temporary Non-Agricultural Workers

The H-2B program allows employers to hire foreign workers for temporary non-agricultural jobs that are:

  • Seasonal
  • Intermittent
  • One-time
  • Peak-load positions

To participate in the program, employers must:

  1. File a job order with the SWA.
  2. Obtain a temporary labor certification from the DOL.
  3. File Form I-129 with U.S. Citizenship and Immigration Services (USCIS).

Industries that commonly use the H-2B program include:

  • Landscaping
  • Hospitality
  • Construction

Learn more about applying for the H-2B program.

How We Help Employers

We assist the DOL in administering these programs in California by:

  • Reviewing and processing Agricultural Clearance Orders to verify that employment conditions meet program requirements.
  • Posting H-2A Agricultural Clearance Orders in CalJOBS.
  • Conducting housing inspections to ensure compliance with state and federal standards.
  • Providing information and technical assistance to employers.

Housing Inspections for the H-2A Program

Employers must provide housing at no cost to:

  • H-2A workers; and
  • U.S. workers who cannot reasonably return their residence on the same day.

Housing must:

  • Accommodate the number of workers requested.
  • Meet all applicable housing standards.

Inspection Process:

  1. EDD receives the Agricultural Clearance Order.
  2. An EDD housing inspector will contact the employer to schedule a housing inspection. Inspections typically take 45 to 60 minutes.
  3. If deficiencies are identified during the inspection, the employer has five days to correct deficiencies. EDD verifies that the required corrections have been completed.
  4. EDD submits inspection results to the DOL at least 30 days before the start date of the H-2A contract.
  5. Housing inspection requirements vary depending on the type of housing being used.

Click Below for more information

The EDD must complete a pre-occupancy inspection to ensure housing is sufficient to accommodate the number of workers requested and that the housing meets all applicable standards.

Select a topic below or scroll through the requirements.

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Housing Site Requirements

29 CFR 1910.142(a)

  • Adequate drainage to prevent run-off into local water supply.
  • Located at least 200 ft. away from stagnant water unless treated for mosquito control.
  • Graded, ditched, and/or flattened to prevent mosquitoes from breeding in pools of water.
  • Not subject to periodic flooding.
  • Not overcrowded.
  • At least 500 ft. away from livestock.
  • Free of garbage.

25 CCR 700

  • Areas such as irrigation drain ditches are also free of vermin.

25 CCR 702

  • Domestic animals and poultry must not run loose in any labor camp.

25 CCR 704(b)

  • Housing is at least 75 feet away from barns, pens of livestock or poultry.

25 CCR 712

  • Names or numbers are on all buildings. Names or numbers are at least 3 inches high and are facing the street or driveway.

25 CCR 722

  • The exits for all buildings or portions of buildings are clear and unobstructed.

Caretakers 25 CCR 627

  • In labor camps, a responsible person must be assigned by the operator to maintain the buildings and surrounding areas. The name, address and telephone number of the person responsible must be posted in a conspicuous place on the premises if he or she does not reside on or is not available on the premises.

Construction Permits and Construction Requirements 25 CCR 652

  • All new construction and repairs must meet current building codes and standards or standards that were in effect when they were constructed. Contact the local building department for information and permits.

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Shelter Requirements

29 CFR 1910.142(b)

  • Protection from the elements.
  • Sleeping room contains at least 50 sq. ft. of floor space per occupant.
  • Sleeping room has at least a 7 ft. ceiling.
  • Sleeping room contains a bed, cot, or bunk for each occupant.
  • Sleeping room contains suitable storage facilities for clothing and personal articles.
  • Beds are at least 3 ft. apart and are elevated at least 1 ft. above the floor.
  • Double bunk beds at least 4 ft. apart.
  • Greater than 27 in. between upper and lower bunks.
  • Triple bunk beds are not used.
  • Floors are in good repair.
  • Total space of windows in living quarters is 10% or more of the floor area.
  • Windows can be opened at least half-way for ventilation purposes.
  • Exterior openings screened with 16-mesh material.
  • Screen doors equipped with self-closing devices.
  • One hundred sq. ft. or more per person in a room where workers cook, live, and sleep.
  • Sanitary facilities provided for storing and preparing food.

In camps where cooking facilities are used in common:

  • Stoves provided in a ratio of at least one for every ten people or at least one for every two families.
  • Stoves provided in an enclosed and screened shelter.
  • Heating, cooking, and water heating equipment installed in accordance with State and local standards.
  • If used during cold weather, heating equipment for the camp is adequate.

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Water Supply Requirements

29 CFR 1910.142(c)

  • An adequate and convenient water supply is provided in each camp for drinking, cooking, bathing, and laundry purposes.
  • Water supply is capable of providing at least 35 gallons of water to each person each day at a rate of 2 ½ times the average hourly demand.
  • Distribution lines supply water at normal operating pressures to all fixtures for simultaneous operation.
  • Where there are no indoor water facilities provided, the shelters are no more than 100 ft. away from a yard hydrant.
  • Drinking water and individual cups must be provided to all workers.

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Toilet Facilities

29 CFR 1910.142(d)

  • Each toilet room is accessible without passing through a sleeping room.
  • Each toilet room has at least a 6 sq. ft. window opening directly to the outside or is otherwise adequately ventilated.
  • Each outside opening in a toilet room is screened with 16-mesh material.
  • A fixture, water closet, chemical toilet, or urinal is not located in a room used for other than toilet purposes.
  • There is a toilet room within 200 ft. of the door of each sleeping room.
  • Where privies or outhouses are used, they are located no closer than 100 ft. to a sleeping room, dining room, lunch area, or kitchen.
  • Where there are shared toilet facilities, separate toilet rooms are provided for each sex, and these rooms are distinctly marked with easily understood pictures, symbols, or words in English and the language of the camp occupants.
  • Where there are shared toilet facilities, separate rooms for each sex are separated by solid walls or by partitions extending from floor to ceiling. Toilets are provided in the ratio of at least 1 to each 15 occupants.
  • Each water closet installed on or after August 31, 1971, is located in a toilet room.
  • Each toilet room has safe lighting at all hours.
  • An adequate supply of toilet paper is provided.
  • Each privy, outhouse, or toilet room is in sanitary condition, and is cleaned at least daily.

25 CCR 760(c)

  • TYPE: Water flush toilets are generally required and may be combined with urinals. Other systems, such as chemical toilets, may be used with written approval from the local health department.

25 CCR 760(g)

  • Urinals: One of every three required toilets may be substituted with a urinal in the men’s room.

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Sewage Disposal

29 CFR 1910.142(e)

  • All camp sewer lines and floors drains are connected to the public sewer, when available.

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Laundry, Handwashing, and Bathing

29 CFR 1910.142(f)

  • Handwashing facilities are provided in the ratio of 1 per facility or 1 for every 6 persons in shared facilities.
  • Bathing facilities are provided in a ratio of 1 shower head for every 10 persons.
  • Laundry facilities are provided in a ratio of 1 tray/tub for every 30 persons.
  • Each building used for laundry, hand washing, or bathing contains a slop sink.
  • Floors in laundry, hand washing, and/or bathing facilities are waterproof, smooth, and non-slip.
  • Floor drains are provided in all shower baths, shower rooms, and laundry rooms.
  • All junctions of the wall and the floor are curved to prevent dirt and mildew buildup.
  • The walls and partitions in shower rooms are smooth and waterproof up to the splash line.
  • An adequate supply of hot and cold running water is provided for bathing and laundry purposes.
  • Every service building is provided with equipment to maintain a temperature of at least 70°F during cold weather.
  • Facilities are provided for drying clothes.
  • Every service building is kept clean.

25 CCR 768

  • Washing machines, when provided, must be maintained with proper vents and drains.

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Lighting

29 CFR 1910.142(g)

  • At least one ceiling light fixture and at least one outlet on the wall or floor must be provided.
  • Laundry and toilet rooms and rooms where people congregate have at least one ceiling or wall fixture.

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Garbage Disposal

29 CFR 1910.142(h)

  • Garbage cans provided in each facility and located within 100 ft from facility. Must be kept clean and emptied at least twice per week.

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Cooking and Eating Facilities

29 CFR 1910.142(i)

  • Kitchen and dining hall areas are free from vermin, rodents, flies, etc.
  • Kitchen and dining hall areas provide a place to keep food from spoilage.
  • Poisonous and/or toxic chemicals are not stored with the food and/or in the cooking or eating facility.
  • The equipment and utensils in the kitchen and dining hall are kept clean.
  • The kitchen and dining hall are kept clean.
  • Hot and/or cold running water are provided in the kitchen and dining hall.
  • Leak-proof garbage containers with tight lids are provided in the kitchen and dining hall.
  • Kitchen and dining facilities are adequate in size and are separate from the sleeping quarters.
  • There is no direct opening from the living or sleeping quarters into the kitchen or dining hall.
  • Persons with any communicable disease are not permitted to work in the preparation, cooking, serving, or other handling of food, or materials used to prepare meals for workers.

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Mess Halls

25 CCR 738

  • Mess halls must be certified by the local Health Department. Health certificates must be posted.
  • Cooks for central mess halls must be certified by local health departments.

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Insect and Rodent Control

29 CFR 1910.142(j)

  • Effective measures are taken to prevent infestation by animals or insects that transmit disease or that cause other harm.

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Fire, Safety, and First Aid

29 CFR 1910.142(k)

  • Adequate first aid supplies are available at the facility, and a person is trained to administer first aid.

25 CCR 744

  • Fire extinguisher is provided and adequately charged. Mess hall kitchen has an approved Class B-C type, minimum size 20 units. Dormitory has an approved Class A type, minimum size 2 units per 5000 square feet.

25 CCR 746

  • No flammable materials are on the premises.

CHSC 13113.7

  • Smoke detector is present and functions when tested by inspector.

CHSC 17926(a)

  • Carbon monoxide detector is provided. When test/reset button is present, inspector confirms detector functions when tested.

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Communicating Disease and Illness

29 CFR 1910.142(l)

  • Camp superintendent reports the identity and address of anyone in the camp suspected of having a communicable disease to the local health authorities.
  • Camp superintendent reports immediately an outbreak of suspected food poisoning or an unusual prevalence of any illness including prominent symptoms of fever, diarrhea, sore throat, vomiting, or jaundice to local health authorities.

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The EDD must complete a pre-occupancy inspection to ensure housing is sufficient to accommodate the number of workers requested and that the housing meets all applicable standards.

Select a topic below or scroll through the requirements.

Jump to:


Housing Site Requirements

20 CFR 654.404

  • Adequate drainage.
  • Located away from conditions that could create offensive odors, noise, traffic, or similar hazards.
  • Grounds free from debris, poisonous plants, uncontrolled weeds or brush.
  • Site provides space for recreation reasonably related to the size of the facility and the type of occupancy.

25 CCR 700

  • Areas such as irrigation drain ditches are also free of vermin.

25 CCR 702

  • Domestic animals and poultry must not run loose in any labor camp.

25 CCR 704(b)

  • Housing is at least 75 feet away from barns, pens of livestock or poultry.

25 CCR 712

  • Names or numbers are on all buildings. Names or numbers are at least 3 inches high and are facing the street or driveway.

25 CCR 722

  • The exit for the building or for portions of the building are clear and unobstructed.

25 CCR 627

  • In labor camps, a responsible person must be assigned by the operator to maintain the buildings and surrounding areas. The name, address and telephone number of the person responsible must be posted in a conspicuous place on the premises if he or she does not reside on or is not available on the premises.

25 CCR 652

  • All new construction and repairs must meet current building codes and standards or standards that were in effect when they were constructed. Contact the local building department for information and permits.

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Water Supply Requirements

20 CFR 654.406

  • Adequate and convenient water supply that meets standards of the State Health authority.
  • Cold water taps available within 100 feet of each living unit (unless water is provided in the unit). Adequate drainage facilities for overflow or spillage.
  • Drinking water and individual cups must be provided to all workers.

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Sewage Disposal

20 CFR 654.406

  • Proper disposal of sewage is provided. Raw or treated liquid waste not allowed to accumulate on the ground surface.

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Housing Structure Requirements

20 CFR 654.407

  • Housing is structurally sound, in good condition, is sanitary, and provides protection against the elements.
  • Floors are cleanable and prevent entrance of water.
  • Space requirements:
    • 60 sq. ft. or more per person for combined cooking, eating, and sleeping purposes.
  • Housing used by families have separate or partitioned sleeping areas for parents to provide reasonable privacy, where there are children over 6 years old.
  • Separate sleeping facilities provided for each sex in non-family groups. Separate sleeping facilities provided for each family.
  • Each person or family is provided with their own adequate facilities to hang clothes and store personal items.
  • Each room has at least one window or skylight opening directly to the outdoors. Window space is 10% or more of usable floor space.

25 CCR 722

  • Sleeping room contains at least 50 sq. ft. of floor space per occupant and has at least a 7 ft. ceiling.

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Screen Requirements

20 CFR 654.408

  • Operable heating equipment in housing facility capable of maintaining 68 degrees.
  • Any stoves or other sources of heat must be vented to prevent fire hazards and dangerous concentration of gases. No portable heaters used other than those operated by electricity. If solid or liquid fuel stove is used, it must be fireproof 18 inches around the base and walls.
  • Heating pipes of fireproof material; stovepipes have vented metal collars installed through openings.
  • Heaters must have automatic controls to cut fuel supply met temperature is met.

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Heating

20 CFR 654.409

  • Operable heating equipment in housing facility capable of maintaining 68 degrees.
  • Any stoves or other sources of heat must be vented to prevent fire hazards and dangerous concentration of gases. No portable heaters used other than those operated by electricity. If solid or liquid fuel stove is used, it must be fireproof 18 inches around the base and walls.
  • Heating pipes of fireproof material; stovepipes have vented metal collars installed through openings.
  • Heaters must have automatic controls to cut fuel supply met temperature is met.

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Electricity and Lighting

20 CFR 654.410

  • All housing sites must be provided with electric service.
  • Adequate ceiling or wall-type light fixtures in all rooms. At least one electrical outlet provided in each living room.
  • Adequate lighting for yard and pathways to common-use facilities.
  • Wiring and fixtures are in safe condition.

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Toilet Facilities

20 CRF 654.411

  • Toilets constructed, located, and maintained in a manner to prevent nuisance or public health hazard.
  • Toilets for each sex provided in a ratio of at least 1 unit for each 15 occupants. Common use facilities have a minimum of 1 for each sex.
  • Urinals constructed of non-absorbent materials.
  • Separate toilet facilities provided for each sex (except in family units). Toilets facilities for each sex in the same building separated by a solid wall from wall to ceiling. Toilets marked “men” and “women” and in native language of occupants.
  • Adequate and accessible supply of toilet paper (with holders) provided.
  • Common use toilets are well-lit, ventilated, clean, and sanitary.
  • Toilet facilities located not more than 200 ft. from living units.

25 CCR 760(c)

  • TYPE: Water flush toilets are generally required and may be combined with urinals. Other systems, such as chemical toilets, may be used with written approval from the local health department.

25 CCR 760(g)

  • Urinals: One of every three required toilets may be substituted with a urinal in the men’s room.

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Laundry, Handwashing, and Bathing

20 CCR 654.412

  • Hot and cold water under pressure provided for bathing and hand-washing.
  • Bathing and hand-washing facilities in sanitary condition. Bathing and hand-washing facilities located within 200 ft. of each living unit.
  • Showers:
    • Showerheads provided at a ratio of 1 per every 15 persons and not less than 3’ apart.
    • Shower area includes at least 9 sq. ft. of floor space per unit.
    • Adequate, dry dressing space in common-use facilities.
    • Shower floors constructed of non-absorbent, non-skid materials with proper drains.
    • Separate shower facilities provided for each sex (except in family units).
    • Shower facilities for each sex in the same building separated by a solid wall from wall to ceiling.
    • Shower facilities for each sex in the same building marked “men” and “women” and in native language of occupants.
  • Lavatories/wash basins provided in a ratio of at least 1 per every 15 persons.
  • Laundry facilities with hot and cold water under pressure. Laundry trays or tubs provided in the ratio of 1 per 25 persons (or washing machines in the ratio of 1 per 50 persons plus 1 laundry tray per 100 persons).

25 CCR 768

  • Clothes washing machines, when provided must be maintained with proper vents and drains.

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Cooking and Eating Facilities

20 CFR 654.413

  • Individual and Family Units
    • Space or equipment provided for cooking and eating.
    • Cookstove or hot plate with at least two burners provided.
    • Adequate food storage shelves and counter for food preparation.
    • Provisions for mechanical refrigeration at 45°F or less.
    • Table and chairs or equivalent seating and eating arrangements proportional to capacity of the unit.
    • Adequate lighting and ventilation.
  • Common Use Facilities
    • Common facility, room, or building separate from sleeping facilities for cooking and eating.
    • Stoves or hot plates with at least 2 burners provided in ratio of 1 to 10 persons, or 1 to 2 families.
    • Adequate food storage shelves and counter for food preparation.
    • Provisions for mechanical refrigeration at 45°F or less.
    • Adequate tables and chairs or equivalent seating.
    • Adequate sinks with hot and cold water under pressure.
    • Adequate lighting and ventilation.
    • Floors made of nonabsorbent, easily cleaned materials.
  • Central Mess Facilities
    • In proportion to the capacity of the housing.
    • Separate from sleeping quarters.
  • Walls
    • Walls in all cooking and food preparation areas of non-absorbent, easily cleaned material.
    • Walls adjacent to cooking areas of fire-resistant material.

25 CCR 738

  • Mess halls must be certified by the local Health Department. Health certificates must be posted.

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Garbage Disposal

20 CFR 654.414

  • Fly-tight, durable, clean, 20-gallon+ garbage containers provided. These containers provided in a ratio of 1 per every 15 persons.
  • Garbage collected at least twice per week, or more often if necessary, and disposed of in accordance with State and local law.

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Insect and Rodent Control

20 CFR 654.415

  • Housing and facilities are free of insects, rodents, and other vermin.

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Sleeping Facilities

20 CFR 654.416

  • Comfortable beds, cots, or bunks provided for each person.
  • Mattresses and bedding provided are clean.
  • Triple deck bunks (or higher) not provided for use.
  • Double bunks have a minimum of 27” between them and the top bunk is 36” or more from ceiling.
  • Double beds used only for family accommodations.

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Fire, Safety, and First Aid

20 CFR 654.417

  • Housing for less than 10 persons of one-story construction have two means of fire escape provided, one of which is a readily accessible window with an openable space of not less than 24 × 24 inches.
  • Sleeping quarters for 10 or more persons, central dining facilities, and common rooms have at least two different doors in separate parts of the room or facility for fire escape.
  • Second floor sleeping rooms and common rooms have a stairway and a permanently affixed ladder or second stairway.
  • Working fire extinguishers provided and are readily accessible, less than 100 ft. from housing unit.
  • First aid facilities equivalent to the 16-unit first aid kit recommended by the Red Cross provided and readily accessible. Required first aid kits provided in the ratio of 1 per 50 persons.
  • Volatile or flammable liquids (except household products) not stored in or adjacent to living quarters.
  • Pesticides and/or toxic chemicals not stored in housing area.

25 CCR 744

  • Fire extinguisher is provided and adequately charged. Mess hall kitchen has an approved Class B-C type, minimum size 20 units. Dormitory has an approved Class A type, minimum size 2 units per 5000 square feet.

25 CCR 746

  • No flammable materials are on the premises.

CHSC 13113.7

  • Smoke detector is present and functions when tested by inspector.

CHSC 17926(a)

  • Carbon monoxide detector is provided. When test/reset button is present, inspector confirms detector functions when tested.

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Employers who apply to the DOL to obtain labor certifications to hire temporary agricultural foreign workers to perform herding or production of livestock on the range may use range housing that meets all applicable standards.

Select a topic below or scroll through the requirements.

Jump to:


Housing Site Requirements

20 CFR 655.235(a)

  • Area is well drained.

25 CCR 704(b)

  • Housing is at least 75 feet away from barns, pens of livestock or poultry.

Water Supply Requirements

CLCS 2695.1, 2695.2, 2695.4

  • Unit offers potable hot and cold water.
  • Toilet and bathing facility is present. (May be portable toilet or shower.)

20 CFR 655.235(b)

  • An adequate and convenient supply of water is provided.
  • Individual drinking cups are provided.
  • Containers appropriate for storing and using potable water are provided; in locations subject to freezing temperature, the containers are small enough to store in housing unit to prevent freezing.
  • Water for workers is not used to water dogs, horses, or herd.
  • Additional water, safe and sufficient to meet the laundry and bathing needs of each worker.

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Housing Structure Requirements

20 CFR 655.235(d)

  • Structure is clean and in good repair and provides shelter against the elements.
  • Has solid, easy to clean flooring that prevents water from entering.
  • Each housing unit has at least one window that can be opened or skylight opening directly to the outdoors.

25 CCR 910

  • Tents may not be used unless they are maintained with tight wooden floors at least four inches above ground level and have baseboards on all sides at least six inches high. Or must be placed on a concrete slab at least four inches thick and with curbs on all sides at least six inches high.
  • Tents may not be used if the temperature will drop below 50° Fahrenheit at any point during the contract, regardless of whether a heater is provided.

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Heating

CLCS 2695.1, 2695.2, 2695.4

  • Unit provides heater.

20 CFR 655.235(e)

  • Stoves and other sources of heat that use combustible fuel must be installed and vented, so they prevent fires and fumes.
  • If solid or liquid fuel stove is used, it must be fireproof 18 inches around the base and walls.
  • Heating pipes of fireproof material; stovepipes have vented metal collars installed through openings.
  • Heaters must have automatic controls to cut fuel supply met temperature is met.
  • Any heater used in a tent is approved by a testing service and the tent is fireproof.

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Lighting

CLCS 2695.1, 2695.2, 2695.4

  • Unit provides inside lighting.

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Food Storage

CLCS 2695.1, 2695.2, 2695.4

  • Unit provides working refrigerator (including butane or propane). The employer may provide an ice chest with regular delivery of ice, if the refrigerator is being repaired, but only for a one week period.

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Cooking and Eating Facilities

20 CFR 655.235(i)

  • When workers cook, the space has adequate lighting and ventilation.
  • Wall surfaces next to food preparation and cooking areas are made of non-absorbent, easy to clean material; wall surfaces next to cooking areas are made of fire-resistant material.

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Garbage Disposal

20 CFR 655.235(j)

  • Durable, fly-tight, clean containers are provided to each housing unit for garbage.
  • Garbage must be picked up at least twice a week.
  • Appropriate materials, including sprays and sealed containers for storing food, to aid housing occupants in combating insects, rodents, and other vermin are provided.

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Sleeping Facilities

20 CFR 655.235(l)

  • A separate comfortable and clean bed, cot, or bunk, with clean mattress is provided for each person.

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Fire, Safety, and First Aid

20 CFR 655.235(m)

  • No flammable materials or liquids are stored in or next to rooms used for living purposes, except for those needed for current household use.
  • Has a second means of escape through which the worker can exit the unit without difficulty.
  • Tents not required to have second means of escape except when large tents with rigid material walls are used.
  • Adequate, accessible fire extinguishers in good working condition and first aid kits are provided.

25 CCR 744

  • Fire extinguisher is provided and adequately charged. Mess hall kitchen has an approved Class B-C type, minimum size 20 units. Dormitory has an approved Class A type, minimum size 2 units per 5000 square feet.

CHSC 13113.7

  • Smoke detector provided, and functions when tested.

CHSC 17926(a)

  • Carbon monoxide detector is provided. When test/reset button is present, inspector confirms detector functions when tested.

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CA Labor Code Requirements

  • CLCS 2695.1, 2695.2, 2695.4
  • Employer provides regular mail service.
  • Employer provides cell phone or radio for emergency communication.
  • Visitors have access to housing.
  • Employer provides weekly transportation to nearest locale for shopping, medical, cultural needs.

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Employers who apply to the DOL to obtain labor certifications to hire temporary agricultural foreign workers to perform animal shearing, commercial beekeeping, and custom combining may use mobile housing that meets all applicable standards.

Select a topic below or scroll through the requirements.

Jump to:


Housing Site Requirements

20 CFR 655.304(c)

  • Area is well drained.
  • Disposal of sewage does not create health hazards.
  • Located away from offensive odors, flies, noise, traffic or other hazards.
  • Site free from debris, noxious plants, uncontrolled weeds or brush.

25 CCR 704(b)

  • Housing is at least 75 feet away from barns, pens of livestock or poultry.

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Water Supply Requirements

20 CFR 655.304(d)

  • An adequate and convenient supply of water is provided.
  • Individual drinking cups are provided.
  • If water is not provided in unit, a cold-water tap is nearby.
  • Adequate drainage for overflow and spillage.

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Sewage Disposal

20 CFR 655.304(e)

  • Portable toilets, trailer toilets, privies, or flush toilets are provided and maintained for disposal.
  • Trailer toilets must be connected to sewage hookups whenever possible (i.e. in campgrounds or RV parks).
  • If wastewater tanks are used, employer must arrange to empty tanks regularly.
  • If pits are used, they are kept fly-tight when not filled in completely after each use.

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Housing Structure Requirements

20 CFR 655.304(f)

  • Structure is clean and in good repair and provides shelter against the elements.
  • Has solid, easy to clean flooring that prevents water from entering.
  • Each housing unit has at least one window that can be opened or skylight opening directly to the outdoors.

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Heating

20 CFR 655.304(g)

  • If located in a region that will have a low temperature below 50°F, unit has heating equipment installed and operable.
  • If located in a region where the low temperature never drops below 50°F, no heater is required, but employer must provide proper protective clothing and bedding at no cost to the worker.
  • Stoves and other sources of heat that use combustible fuel must be installed and vented, so they prevent fires and fumes.
  • If solid or liquid fuel stove is used, it must be fireproof 18 inches around the base and walls.
  • Heating pipes of fireproof material; stovepipes have vented metal collars installed through openings.
  • Any heater used in a tent is approved by a testing service and the tent is fireproof.

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Electricity and Lighting

20 CFR 655.304(h)

  • Electrical service or generators must be provided.
  • In areas without electricity, battery operated lights are provided.
  • Where used, one battery operated light per worker is provided.

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Laundry, Handwashing, and Bathing

20 CFR 655.304(i)

  • Bathing facilities with hot and cold water under pressure are provided at least daily.
  • Laundry facilities with hot and cold water under pressure are provided at least weekly.
  • Alternate bathing and laundry facilities are available if water pressure is temporarily inadequate.
  • Handwashing facilities available at all times.

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Food Storage

20 CFR 655.304(j)

  • Mechanical refrigeration at 45 degrees or lower is provided.
  • When mechanical refrigeration is not feasible, employer provides butane or propane gas refrigerator.

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Cooking and Eating Facilities

20 CFR 655.304(k)

  • When workers cook in individual unit, space is provided with adequate lighting and ventilation, and has a stove or hotplate.
  • Wall surfaces next to food preparation and cooking areas are made of non-absorbent, easy to clean material; wall surfaces next to cooking areas are made of fire-resistant material.

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Garbage Disposal

20 CFR 655.304(l)

  • Durable, fly-tight, clean containers are provided to each housing unit for garbage.
  • Garbage must be picked up at least twice a week.

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Insect and Rodent Control

20 CFR 655.304(m)

  • Sprays and sealed containers for food are provided for control of insects, rodents, and other vermin.

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Sleeping Facilities

20 CFR 655.304(n)

  • A separate comfortable and clean bed, cot, or bunk, with clean mattress is provided for each person.
  • Clean bedding is provided for each person.
  • Bunk beds are allowed, as long as they are not triple-deck or higher.

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Fire, Safety, and First Aid

20 CFR 655.304(o)

  • No flammable or volatile liquid or materials are stored in or next to rooms used for living purposes, except for those needed for current household use.
  • Has a second means of escape through which the worker can exit the unit without difficulty.
  • Adequate, accessible fire extinguishers in good working condition and first aid kits are provided.

25 CCR 744

  • Fire extinguisher provided and adequately charged. Approved Class A type, minimum size 2 units per 5000 square feet.

CHSC 13113.7

  • Smoke detector provided, and functions when tested.

CHSC 17926(a)

  • Carbon monoxide detector is provided. When test/reset button is present, inspector confirms detector functions when tested.

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Maximum Occupancy Limits

20 CFR 655.304(p)

  • The number of occupants housed in unit must not exceed the limit listed in the manufacturer specifications for the unit.

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EDD will not conduct inspections of rental or public accommodation housing. Employers must provide DOL with a signed and dated written statement attesting that the accommodations comply with all applicable standards and are sufficient for the number of workers requested. Employers must also submit a copy of the inspection report or other official documentation from the relevant authority to the DOL.

Worker Rights Resources

  • H-2A worker rights: Employers must provide written information about wages, hours, working conditions, and benefits. Learn more about H-2A worker rights.
  • Discrimination protections: Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex including pregnancy, sexual orientation, and gender identity, and national origin. File a discrimination complaint.
  • Immigrant and employee rights: The Immigration and Nationality Act (INA) governs immigration, naturalization, visas, asylum, and removal. It also prohibits citizenship status and national origin discrimination in hiring, firing, recruitment, or referral for a fee. Learn more about immigrant and employee rights.
  • Human trafficking: Human trafficking is the exploitation of a person for labor, services, or commercial sex through force, fraud, or coercion. Get human trafficking help and information.

Contact the EDD Foreign Labor Certification Unit

Contact Information
H-2A Program Phone: 916-288-2750
Email: WSBCalh2a@edd.ca.gov
H-2B Program Phone: 916-288-3583
Email: WSBCalh2b@edd.ca.gov
Housing Inspections Email: WSBHousingH2A@edd.ca.gov

Tax and Wage Information

Federal Tax Information

California Wage Information

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