lawyer

In Indiana, laws relating to farm labor can be found in Burns Ind. Code Ann. § 16-41-26-1 through Burns Ind. Code Ann. § 16-41-26-14, which deals with health, sanitation, and safety of agricultural labor camps.  Pursuant to Burns Ind. Code Ann. § 16-41-26-1, an agricultural labor camp includes at least one building or structure, tent, trailer, or vehicle, including the land, established, operated, or used as living quarters for at least five adult seasonal or temporary workers engaged in agricultural activities, including related food processing.  A permit from the state department is required to operate an agricultural labor camp[i].  In addition to the permit, the state department may issue a permit that is limited to at least one specific living unit of an agricultural labor camp[ii].  A permit is issued only if all mobile homes used as shelters and equipped with an operable toilet, shower, lavatory, and hot and cold water under pressure, provide a minimum floor space of 60 square feet for each resident and all other shelters provide a minimum floor space of 80 square feet for each resident[iii].

The state department shall issue a permit for the operation of an agricultural labor camp if the state department is satisfied, after investigation or inspection, that the camp meets the minimum standards of construction, sanitation, equipment, and operation required by rules.  A permit is valid from the date of issuance through May 1 of the following year unless the permit is revoked.  If an applicant is refused a permit, the state department shall, upon request, afford the applicant a fair hearing[iv].  The state department may, after reasonable notice and opportunity for a fair hearing, revoke a permit if the state department finds that the holder of the permit has failed to comply with a provision of the chapter, Health, Sanitation, and Safety; Agricultural labor camps or a rule or an order issued under the chapter[v].

Pursuant to Burns Ind. Code Ann. § 16-41-26-8, the state department shall adopt rules necessary to protect the health, safety, and welfare of persons living in agricultural labor camps, prescribing standards for living quarters at agricultural labor camps, including provisions relating to construction of camps, sanitary conditions, light, air, safety protection from fire hazards, equipment, maintenance and operation of the camp, sewage disposal through septic tank absorption fields, and other matters appropriate for the security of the life and health of occupants.

Pursuant to Burns Ind. Code Ann. § 16-41-26-9, the state department and the state department s authorized representatives may enter and inspect agricultural labor camps at reasonable hours and may question the persons and investigate the facts, conditions, and practices or matters that the state department considers necessary or appropriate to determine whether a person has violated a provision of the chapter or to aid in the enforcement of this chapter or in the adoption of rules under the chapter.

Pursuant to Burns Ind. Code Ann. § 16-41-26-10, a person aggrieved by an order of the state department denying or revoking a permit to operate an agricultural labor camp may, petition the circuit or superior court for a review of the order asking that the order be modified or set aside.  The review is limited to questions of law. Findings of fact by the state department, if supported by substantial evidence, are conclusive.  The jurisdiction of the court is exclusive and the court s judgment is final, except that the judgment is subject to review by the Supreme Court.

Pursuant to Burns Ind. Code Ann. § 16-41-26-13, the state department shall adopt rules that establish a schedule of civil penalties that may be levied in an action to enforce the provisions of the chapter and the rules of the state department.  A penalty included in the schedule of civil penalties may not exceed $500 per violation per day.  The state department may issue an order of compliance, impose a civil penalty against a person who fails to comply with the chapter or a rule adopted under the chapter; or interferes with or obstructs the state department or the state department s designated agent in the performance of duties under the chapter.  The owner or operator of an agricultural labor camp may impose a penalty on an agricultural laborer who knowingly or intentionally destroys or damages property on the premises of an agricultural labor camp[vi].

[i] Burns Ind. Code Ann. § 16-41-26-3.

[ii] Burns Ind. Code Ann. § 16-41-26-4.

[iii] Burns Ind. Code Ann. § 16-41-26-5.

[iv] Burns Ind. Code Ann. § 16-41-26-6.

[v] Burns Ind. Code Ann. § 16-41-26-7.

[vi] Burns Ind. Code Ann. § 16-41-26-14.