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Ohio Farm Labor Laws

In Ohio, farm labor laws are found in ORC Ann. 3733.41 through 3733.99.  ORC Ann. 3733.43 provides that except as otherwise provided in this division, prior to the fifteenth day of April in each year, every person who intends to operate an agricultural labor camp shall make application to the licensor for a license to operate such camp, effective for the calendar year in which it is issued.  The licensor may accept an application on or after the fifteenth day of April.  The license fees specified in this division shall be submitted to the licensor with the application for a license.  No agricultural labor camp shall be operated in this state without a license.  Any person operating an agricultural labor camp without a current and valid agricultural labor camp license is not excepted from compliance with sections 3733.41 to 3733.49 of the Revised Code by holding a valid and current hotel license.

Pursuant to the statute, each person proposing to open an agricultural labor camp shall submit with the application for a license any plans required by any rule adopted under section 3733.42 of the Revised Code.  For any license issued on or after July 1, 2009, the annual license fee is one hundred fifty dollars, unless the application for a license is made on or after the fifteenth day of April in any given year, in which case the annual license fee is one hundred sixty-six dollars.  For any license issued on or after July 1, 2009, an additional fee of twenty dollars per housing unit per year shall be assessed to defray the costs of enforcing sections 3733.41 to 3733.49 of the Revised Code, unless the application for a license is made on or after the fifteenth day of April in any given year, in which case an additional fee of forty-two dollars and fifty cents per housing unit shall be assessed.  All fees collected under this division shall be deposited in the state treasury to the credit of the general operations fund created in section 3701.83 of the Revised Code and shall be used for the administration and enforcement of sections 3733.41 to 3733.49 of the Revised Code and rules adopted thereunder.

Any license under ORC Ann. 3733.43 may be denied, suspended, or revoked by the licensor for violation of sections 3733.41 to 3733.49 of the Revised Code or the rules adopted thereunder.  Unless there is an immediate serious public health hazard, no denial, suspension, or revocation of a license shall be made effective until the person operating the agricultural labor camp has been given notice in writing of the specific violations and a reasonable time to make corrections.  When the licensor determines that an immediate serious public health hazard exists, the licensor shall issue an order denying or suspending the license without a prior hearing.  All proceedings under this section are subject to Chapter 119 of the Revised Code except as provided in section 3733.431 [3733.43.1] of the Revised Code.  Every occupant of an agricultural labor camp shall keep that part of the dwelling unit, and premises thereof, that the occupant occupies and controls in a clean and sanitary condition.

ORC Ann. 3733.45 provides that the licensor shall inspect all agricultural labor camps and shall require compliance with sections 3733.41 to 3733.49 of the Revised Code and the rules adopted thereunder prior to the issuance of a license. Upon receipt of a complaint from the migrant agricultural ombudsperson or upon the basis of a licensor’s own information that an agricultural labor camp is operating without a license, the licensor shall inspect the camp.  If the camp is operating without a license, the licensor shall require the camp to comply with sections 3733.41 to 3733.49 of the Revised Code and the rules adopted under those sections.  No license shall be issued unless results of water supply tests indicate that the water supply meets required standards or if any violations exist concerning sanitation, drainage, or habitability of housing units.  The licensor shall, upon issuance of each license, distribute posters containing the toll-free telephone number of the migrant agricultural ombudsperson established in section 3733.49 of the Revised Code and information in English and Spanish describing the purpose of the ombudsperson’s office, as provided in that section.  The licensor shall provide at least two posters to the licensee, one for the licensee’s personal use and at least one that shall be posted in a conspicuous place within the camp.  The licensor may, upon proper identification to the operator or the operator’s agent, enter on any property or into any structure at any reasonable time for the purpose of making inspections required by this section.  The licensor shall make at least one inspection prior to licensing.  The licensor shall make such other inspections as the licensor considers necessary to enforce sections 3733.41 to 3733.49 of the Revised Code adequately.  Any plans submitted to the licensor shall be in compliance with rules adopted pursuant to section 3733.42 of the Revised Code and shall be approved or disapproved within thirty days after they are filed.  The licensor shall issue an annual report that shall accurately reflect the results of that year’s inspections, including, but not limited to, numbers of inspections, number of violations found, and action taken in regard to violations.  The report shall also include an assessment of any problems found in that year and proposed solutions for them.

Any person who believes that violations of sections 3733.41 to 3733.49, Chapter 4109, or Chapter 4111 of the Revised Code are taking place may report or cause reports to be made of the information directly to the migrant agricultural ombudsman’s office as provided in section 3733.49 of the Revised Code.  No person who files a report is liable for civil damages resulting from the report if the report was made on the basis of personal knowledge and belief, and not on the basis of hearsay, and was made in good faith and without recklessness as to the truth of the information contained in the report.  The migrant agricultural ombudsman’s office shall immediately forward to the attorney general all reports that it receives under division (A) of this section.  Within forty-eight hours of receiving a report alleging that conditions in violation of sections 3733.41 to 3733.49, Chapter 4109, or Chapter 4111 of the Revised Code exist that cause a direct or serious threat to the health or safety of migrant agricultural laborers, the attorney general, or the attorney general in conjunction with the director of health, shall investigate the complaint.  If after an investigation period, which shall not exceed forty-eight hours, the attorney general finds probable cause to believe that existing conditions cause a direct or serious threat to the health or safety of the laborers, the attorney general, or the attorney general in conjunction with the appropriate prosecuting attorney, shall bring an action for a temporary restraining order or a preliminary or permanent injunction.  The attorney general, or the attorney general in conjunction with the director of health, shall, within seven days of receiving a complaint that does not allege a serious health or safety violation of sections 3733.41 to 3733.49, Chapter 4109, or Chapter 4111 of the Revised Code, begin an investigation of the complaint.  If after an investigation period, which shall not exceed fourteen days, the attorney general finds probable cause to believe that a violation of sections 3733.41 to 3733.49, Chapter 4109, or Chapter 4111 of the Revised Code exists, s/he shall refer the matter to the appropriate prosecuting attorney, who shall prosecute the complaint.  The migrant agricultural ombudsman’s office shall treat as confidential all information that it receives as a result of reports filed with it under division (A) of this section and shall not reveal that information to any person except under division (B) of this section or as required in the course of an investigation or prosecution[i].

[i] ORC Ann. 3733.471.


Inside Ohio Farm Labor Laws