As previously discussed, Western Growers has actively engaged in advocacy efforts by submitting comments on three proposed rules by Department of Labor, Department of Homeland Security and OSHA, respectively. Each proposed rule has profound implications for the specialty crop industry. Below is a summary of, and link to, each comment letter submitted.

Department of Labor (DOL) – Comments re H-2A Program Changes (DOL Docket No. ETA-2023-0003)

Western Growers expressed concerns about the DOL’s proposed rule, which would likely impose challenges on agricultural employers, particularly in using the H-2A program, essential for supplementing the domestic agricultural workforce.

Key Issues Addressed:

• The necessity of the H-2A program in the context of insufficient domestic workforce availability.
• Concerns about the proposed rule’s tone, which might suggest an assumption of employer exploitation.
• The need for a balanced approach that doesn’t unduly burden agricultural employers.

You can read our comments here.

Department of Homeland Security (DHS) – Modernizing H-2 Program Requirements (DHS Docket No. USCIS-2023-0012):

While Western Growers praised some provisions aimed at streamlining the H-2 worker application process and harmonizing grace periods for H-2A and H-2B workers, we also raised concerns regarding certain aspects of the rule, including:

• The ‘due diligence’ provisions and their potential implications for employers.
• The impact of proposed changes on H-2 workers and employers, especially regarding the 60-day cessation of work grace period and the implications of increased USCIS fees.

You can read our comments here.

Occupational Safety and Health Administration (OSHA) – Worker Walkaround Representative Designation (OSHA Docket No. OSHA-2023-0008):

Western Growers raised significant concerns about the proposed rule, questioning its alignment with legislative authority and potential implications on employers’ rights, including:

• Uncertainty around the designation of a duly authorized representative of employees.
• The potential for a ‘per se taking’ under the 5th Amendment due to government-authorized property invasion.
• Requests for clarity on several procedural aspects related to employee representatives in inspections.

You can read our comments here.

As we navigate a shifting regulatory landscape, Western Growers will continue to voice our concerns and suggestions on behalf of our members to shape policies that impact the specialty crop industry.