105 CMR 425.00 — Rights of visitation for migrant workers

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

105 CMR 425.000: RIGHTS OF VISITATION FOR MIGRANT WORKERS

Section 425.001: Purpose 425.002: Authority 425.003: Citation 425.020: Definitions 425.100: Visiting Hours 425.200: Workers Right to Terminate Visit 425.300: Workers Right to a Private Visit 425.400: Locale of Visitation 425.500: Visitor Rights 425.600: Waiver of Rights Prohibited 425.700: Department Access 425.800: Denial of Access to Salesmen 425.900: Posting of Regulations

105 CMR 425.00 Rights of visitation for migrant workers

425.001 Purpose

425.001: Purpose The purpose of 105 CMR 425.000 is to protect the civil rights of Migrant Farm Workers in the Commonwealth of Massachusetts.

425.002 Authority

425.002: Authority 105 CMR 425.000 is adopted under authority of M.G.L. c. 111, §§ 3 and 128H.

425.003 Citation

425.003: Citation 105 CMR 425.000 may be known, and may be cited as 105 CMR 425.000: Rights of Visitation for Migrant Farm Workers.

425.020 Definitions

425.020: Definitions The Departmentshall mean the Department of Public Health of the Commonwealth of Massachusetts. Farm Labor Camp shall be defined as defined in 105 CMR 420.000: Housing and Sanitation Standards for Farm Labor Camps (State Sanitary Code, Chapter III). Habitation shall be defined as defined in The Sanitary Code of the Department of Public Health. Operator shall be defined as defined in 105 CMR 420.000 of The Sanitary Code of the Department of Public Health. Visitor shall mean any individual or group of individuals seeking to enter a farm labor camp for the purpose of contacting or communicating with one or more workers.

425.100 Visiting Hours

425.100: Visiting Hours (A) Workers living in quarters apart from the living quarters of the operator shall be entitled to receive visitors outside of regular working hours. Visiting hours on working days will begin after working hours or at 6:00 P.M., whichever is the earliest, and end no earlier than four hours after the e nd o f the working day or at 10:30 P.M., whichever is the latest. On non-working days, visiting hours will be in effect from at least 10:00 A.M. to 10:30 P.M. These hours shall be deemed to be minimum standards. An operator may allow longer visiting hours if a majority of workers approve such extension. (B) The limitation on hours in 105 CMR 425.100(A) shall not apply to the organizations, their agents, employees or representatives listed herein: (1) Federal, State, local or other governmental agencies, departments or boards; (2) Physicians, dentists, and other medical or para-medical personnel; (3) Priests, ministers, rabbis;

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

425.100 continued

425.100: continued (4) Agencies or organizations which are funded in whole or part by governmental funds; (5) Recognized charitable and social agencies; (6) Members of the press.

425.200 Workers Right to Terminate Visit

425.200: Workers Right to Terminate Visit A worker may terminate a visitation with regard to himself only. Such termination must be orally communicated to the visitor by the worker himself, and no operator may deny a visitor access to a worker prior to such communication. Such termination shall not apply to the Department.

425.300 Workers Right to a Private Visit

425.300: Workers Right to a Private Visit A worker shall have the right to receive visitors without the operator, his agents or employees being present.

425.400 Locale of Visitation

425.400: Locale of Visitation Visitation shall generally take place in the habitation quarters of the farm labor camp, but this shall not prohibit the incidental use of areas immediately adjoining such quarters.

425.500 Visitor Rights

425.500: Visitor Rights (A) In order for an individual or group of individuals to be regarded as a visitor, it is not required: (1) That the worker or workers initiate the request for a visit. (2) That the visitor secure approval of the farm labor camp operator. (B) An operator may ask a visitor for reasonable identification but shall not deny access on this basis. (C) No visitor shall be denied access solely on the basis of age, sex, race, national origin, color or religion.

425.600 Waiver of Rights Prohibited

425.600: Waiver of Rights Prohibited No worker may waive his right of visitation by any form of contact provision either oral or written.

425.700 Department Access

425.700: Department Access The Department shall have access to the farm labor camp without restriction as to hours or otherwise for the purpose of ensuring the adequate protection of the workers' rights ofvisitation. No person shall hinder, impede or otherwise deny access to the department, its agents, employees, or authorized personnel.

425.800 Denial of Access to Salesmen

425.800: Denial of Access to Salesmen An operator may deny salesmen access to a farm labor camp, provided that: (A) he gains no commercial advantage, directly or indirectly, thereby; or (B) the salesman in question is not the only source of the product or service offered reasonably available to workers.

105 CMR: DEPARTMEN T O F PUBLIC HEALTH

425.900 Posting of Regulations

425.900: Posting of Regulations A copy of 105 CMR 425.000 printed in both Spanish and English, shall be posted in a conspicuous location in the farm labor camp. REGULATO RY AUTHO RITY 105 CMR 425.000: M.G.L. c. 111, §§ 3 and 128H.

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