CHAPTER 26. HEALTH, SANITATION, AND SAFETY: AGRICULTURAL LABOR CAMPS
IC 16-41-26
Chapter 26. Health, Sanitation, and Safety: Agricultural Labor
Camps
IC 16-41-26-1
Agricultural labor camp
Sec. 1. As used in this chapter, "agricultural labor camp" includes
at least one (1) building or structure, tent, trailer, or vehicle,
including the land, established, operated, or used as living quarters
for at least five (5) adult seasonal or temporary workers engaged in
agricultural activities, including related food processing.
As added by P.L.2-1993, SEC.24.
IC 16-41-26-2
Application of chapter
Sec. 2. A person operating or maintaining an agricultural labor
camp shall comply with this chapter and rules adopted under this
chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-26-3
Permits
Sec. 3. (a) Except as provided in subsection (b), a person may not
directly or indirectly operate an agricultural labor camp until the
person has obtained from the state department a permit to operate the
camp and unless the permit is in full force and effect and is posted
and kept posted in the camp to which the permit applies at all times
during maintenance and operation of the camp.
(b) A person may operate at least one (1) living unit of an
agricultural labor camp under a permit issued under section 4 of this
chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-26-4
Limited permits
Sec. 4. (a) In addition to a permit issued under section 6 of this
chapter, the state department may issue a permit that is limited to at
least one (1) specific living unit of an agricultural labor camp. The
state may issue more than one (1) permit under this section to a
person operating an agricultural labor camp.
(b) Rules adopted under this chapter apply to permits issued under
this section.
As added by P.L.2-1993, SEC.24.
IC 16-41-26-5
Conditions for issuance of limited permits
Sec. 5. The state department may issue a permit under section 4
of this chapter only if:
(1) 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 sixty (60) square
feet for each resident; and
(2) all other shelters provide a minimum floor space of eighty
(80) square feet for each resident.
As added by P.L.2-1993, SEC.24.
IC 16-41-26-6
Applications for permits; issuance, duration, and transferability of
permits; inspections; hearings
Sec. 6. (a) An application to operate an agricultural labor camp
must be made to the state department in writing on a form and under
rules prescribed by the state department.
(b) 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 adopted under section 8 of this chapter.
(c) A permit is valid from the date of issuance through May 1 of
the following year unless the permit is revoked.
(d) A labor camp must be inspected and a permit issued before the
labor camp is occupied.
(e) The annual inspection must occur during the sixty (60) days
before the first occupation by agricultural laborers each year.
(f) A permit is not transferable.
(g) If an applicant is refused a permit, the state department shall,
upon request, afford the applicant a fair hearing in accordance with
IC 4-21.5-3.
As added by P.L.2-1993, SEC.24.
IC 16-41-26-7
Revocation of permits
Sec. 7. The state department may, after reasonable notice and
opportunity for a fair hearing in accordance with IC 4-21.5-3, revoke
a permit authorizing the operation of an agricultural labor camp if the
state department finds that the holder of the permit has failed to
comply with a provision of this chapter or a rule or an order issued
under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-26-8
Rules
Sec. 8. (a) Except as provided in subsection (b), the state
department shall adopt rules under IC 4-22-2 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.
(b) The water pollution control board shall adopt rules under
IC 4-22-2 pertaining to water supplies and sewage disposal systems
other than septic tank absorption fields required for agricultural labor
camps.
(c) In the preparation of rules, the state department:
(1) shall consult with and request technical assistance from
other appropriate state agencies; and
(2) may appoint and consult with committees of technically
qualified persons and of representatives of employers and
employees.
(d) If a conflict exists between rules adopted under this chapter
and rules adopted by the fire prevention and building safety
commission, the rules authorized in this section apply.
(e) A copy of every rule adopted under this chapter shall be sent
to each health officer in Indiana and to the heads of other state
agencies with specific or related responsibility affecting agricultural
labor camps and to any person requesting the rules. The rules
affecting agricultural labor camps adopted under this chapter shall be
published periodically in the manner the state department determines.
As added by P.L.2-1993, SEC.24.
IC 16-41-26-9
Enforcement; inspections and investigations
Sec. 9. (a) The state department may initiate an action under
IC 4-21.5-3-6 or IC 4-21.5-3-8 to enforce this chapter and rules
adopted under this chapter.
(b) 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 this chapter or to aid in the enforcement of
this chapter or in the adoption of rules under this chapter. The state
department may, to the extent appropriate, utilize the services of any
other state department or agency of the government for assistance in
the inspections and investigations.
As added by P.L.2-1993, SEC.24.
IC 16-41-26-10
Judicial review
Sec. 10. (a) A person aggrieved by an order of the state
department denying or revoking a permit to operate an agricultural
labor camp may, in accordance with IC 4-21.5-5, petition the circuit
or superior court for a review of the order asking that the order be
modified or set aside.
(b) A person aggrieved by a rule adopted under section 8 of this
chapter by the state department may, not more than thirty (30) days
after the rule becomes effective, petition the circuit or superior court
to modify or set aside the rule in whole or in part, but only on the
ground that the rule is unlawful or unreasonable.
(c) A copy of a petition filed under subsection (a) or (b) shall be
served on the state health commissioner. The state department shall
keep and, on notice of filing of the petition, shall certify and file in
the court a full record in the proceeding on which the action
complained of is based.
(d) The review authorized in subsection (a) or (b) is limited to
questions of law. Findings of fact by the state department, if
supported by substantial evidence, are conclusive.
(e) 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.
As added by P.L.2-1993, SEC.24.
IC 16-41-26-11
Notice of enforcement actions
Sec. 11. To adequately place and care for workers and the
workers' families housed in an agricultural labor camp, the state
department shall serve notice of an action initiated under section 13
of this chapter to the following:
(1) The county agricultural extension educator.
(2) The representative of the nearest office of the public
employment service whose duty it is to aid in placing such
workers in suitable employment.
(3) The county department of public welfare.
As added by P.L.2-1993, SEC.24. Amended by P.L.40-1993, SEC.52.
IC 16-41-26-12
Inspections and investigations by designated agents
Sec. 12. The state department may designate an agent who may,
on presentation of proper credentials, enter on private or public
property to inspect for and investigate possible violations of this
chapter or a rule adopted under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-26-13
Civil penalties and compliance orders
Sec. 13. (a) The state department shall adopt rules under IC 4-22-2
that establish a schedule of civil penalties that may be levied in an
action to enforce the provisions of the following:
(1) This chapter.
(2) The rules of the state department.
(b) A penalty included in the schedule of civil penalties adopted
under subsection (a) may not exceed five hundred dollars ($500) per
violation per day.
(c) The state department may issue an order of compliance,
impose a civil penalty included in the schedule of civil penalties
adopted under subsection (a), or both, against a person who:
(1) fails to comply with this chapter or a rule adopted under this
chapter; or
(2) interferes with or obstructs the state department or the state
department's designated agent in the performance of duties
under this chapter.
(d) An order of compliance may be issued under IC 4-21.5-3-6,
IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed only
in a proceeding under IC 4-21.5-3-8.
(e) A proceeding commenced to impose a civil penalty may be
consolidated with any other proceeding commenced to enforce this
chapter or a rule adopted under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-26-14
Destruction or damage of property; penalty
Sec. 14. The owner or operator of an agricultural labor camp may
under 29 U.S.C. 1821(c) impose a penalty on an agricultural laborer
who knowingly or intentionally destroys or damages property on the
premises of an agricultural labor camp.
As added by P.L.2-1993, SEC.24.