Housing Occupancy Certificate—Migrant and Seasonal Agricultural Worker Protection Act

Forms and Documents

Document Name	Status
Form WH-520 Housing Occupancy Certificate - Migrant and Seasonal Agricultural Worker Protection Act Form and Instruction	Modified
SS 1235-0006 v3.1 (2023-08-30).docx Supporting Statement A	2023-08-30
60-day FR Notice 1235-0006 (2023-02-28).pdf Supplementary Document	2023-05-02
First Line Supervisor - Hourly Wage 2022 (BLS).pdf Supplementary Document	2023-05-02
OSHA, ESA, and ETA agreement on inspections of migrant housing.pdf Supplementary Document	2023-02-15

IC Document Collections

IC ID	Document Title	Status
13845	Housing Occupancy Certificate - Migrant and Seasonal Agricultural Worker Protection Act Form and Instruction	Modified

ICR Details

OMB Control No: 1235-0006	ICR Reference No: 202302-1235-001
Status: Received in OIRA	Previous ICR Reference No: 202004-1235-006
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Housing Occupancy Certificate—Migrant and Seasonal Agricultural Worker Protection Act
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/07/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2023
Responses	10	20
Time Burden (Hours)	1	1
Cost Burden (Dollars)	0	0

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Abstract: Any person who owns or controls a facility or real property to be used for housing migrant agricultural workers cannot permit any such worker to occupy the housing unless a copy of a certificate of occupancy from the state, local, or federal agency that conducted the housing safety and health inspection is posted at the site of the facility or real property. The certificate attests that the facility or real property meets applicable safety and health standards. The housing provider must retain the original copy of the certificate for three years and make it available for inspection. Form WH-520 is the form used when the Department of Labor's Wage and Hour Division inspects and approves such housing.

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Authorizing Statute(s): US Code: 29 USC 1823(b)(1) Name of Law: Migrant and Seasonal Agricultural Worker Protection Act
   US Code: 29 USC 1861 Name of Law: Migrant and Seasonal Agricultural Worker Protection Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 12700	02/28/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 61617	09/07/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Housing Occupancy Certificate - Migrant and Seasonal Agricultural Worker Protection Act	WH-520	Housing Occupancy Certificate- Migrant and Seasonal Agricultural Worker Protection Act

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	10	20	0	0	-10	0
Annual Time Burden (Hours)	1	1	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $1

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/07/2023

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