ETA Housing Safety and Health Checklist

This Housing Safety and Health Checklist may be used as an aid by agricultural employers, farm labor contractors, and others providing housing subject to requirements under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) or the H-2A visa program. The standards below are applicable to housing that was completed or under construction prior to April 3, 1980, or was under a signed contract for construction prior to March 4, 1980. For housing constructed after this time, please see the Housing Safety and Health Checklist for the OSHA Standards.

Housing Site – 20 CFR 654.404

Adequate drainage
Located away from conditions that create or could create offensive odors, noise, traffic, or similar hazards
Grounds free from debris, poisonous plants, uncontrolled weeds or brush
Site provides space for recreation reasonably related to the size of the facility and the type of occupancy

Water Supply – 20 CFR 654.405

Adequate and convenient water supply that meets standards of the State Health authority
Cold water taps available within 100 feet of each living unit (unless water is provided in the unit)
Adequate drainage facilities for overflow or spillage
Individual drinking cups used

Excreta and Liquid Waste Disposal – 20 CFR 654.406

Facilities provided for effective disposal of sewage
Raw or treated liquid waste not allowed to accumulate on the ground surface
Connected to public sewer systems where available; privies or portable toilets provided where public sewers are not available
Provided facilities in compliance with requirements of the State health authority

Housing – 20 CFR 654.407

Housing is structurally sound, in good repair, maintained in sanitary condition, and provides protection against the elements
Floors made of smooth, rigid, cleanable surface and prevent entrance of water
50 sq. ft. or more per person for sleeping purposes in housing with single beds or in family units
40 sq. ft. or more per person for sleeping purposes in housing with double bunk beds
60 sq. ft. or more per person for combined cooking, eating, and sleeping purposes
Housing used by families have separate or partitioned sleeping areas for parents made of rigid materials and installed to provide reasonable privacy, where there are children over 6 years old
Separate sleeping facilities provided for each sex in non-family groups
Separate sleeping facilities provided for each family
Adequate and separate facilities to hang clothes and store personal effects for each person or family
Ceiling height is 7 ft. for more than half of the floor area in each living unit
Each habitable room (not including partitioned areas) has at least one window or skylight opening directly to the outdoors
Window space is 10% or more of usable floor space
Total openable space is at least 45% of the minimum window area required unless other comparable mechanical ventilation is available

Screening – 20 CFR 654.408

Openings in shelter screened with not less than 16-mesh materials
Any screen doors present are in good repair, tight fitting, and equipped with self-closing devices

Heating – 20 CFR 654.409

Operable, properly installed heating equipment in living quarters and service rooms
When the temperature falls below 68°F, heating equipment is capable of maintaining a temperature of 68°F in living quarters or service rooms
Any stoves or other sources of heat utilizing combustible fuel must be installed and vented to prevent fire hazards and a dangerous concentration of gases
No portable heaters used other than those operated by electricity

Solid or liquid fuel stove:

Where used in a room with wooden or combustible flooring, stove is on a concrete slab, insulated metal sheet, or other fireproof material on the floor under each stove, extending at least 18 inches beyond the perimeter of the base of the stove.
Only used in a room with proper insulation or fireproofing on walls, and ceiling within at least 18” of stove

Heating pipes of fireproof material; stovepipes have vented metal collars installed through openings
Any automatic controls cut off the fuel supply upon the failure or interruption of the flame or ignition, or whenever a predetermined safe temperature or pressure is exceeded

Electricity and Lighting – 20 CFR 654.410

Electricity provided with all wiring and lighting fixtures in safe condition
Adequate ceiling or wall-type light fixtures in all rooms
At least one electrical outlet provided in each living room
Adequate lighting for yard and pathways to common-use facilities

Toilets – 20 CFR 654.411

Toilets constructed, located, and maintained in a manner to prevent nuisance or public health hazard
Water closets or privy or outhouse seats for each sex provided in a ratio of at least 1 unit for each 15 occupants
Common use facilities have a minimum of 1 water closet or privy seat for each sex
Urinals constructed of non-absorbent materials
Urinals substituted for men’s toilets in the proper ratio of 1 urinal or 24 inches of trough-type urinal for 1 toilet seat up to a maximum of 1/3 of the required toilet seats, when applicable
Separate toilet facilities provided for each sex (except in family units)
Toilets facilities for each sex in the same building separated by a solid wall from wall to ceiling/roof
Toilets marked “men” and “women” and in native language of occupants
Adequate and accessible supply of toilet tissue (with holders) provided in common-use toilet facilities
Common use toilets and privies or outhouses well-lighted, ventilated, clean, and sanitary
Toilet facilities located not more than 200 ft. from living units
Privies or outhouses located at least 50 ft. from living, cooking, or dining areas
Privy or outhouse structures and pits are fly-tight and have adequate capacity for the required seats

Bathing, Laundry, and Hand-washing – 20 CFR 654.412

Hot and cold water under pressure provided for bathing and hand-washing
Bathing and hand-washing facilities in sanitary condition
Bathing and hand-washing facilities located within 200 ft. of each living unit
Showerheads provided at a ratio of 1 per every 15 persons and not less than 3’ apart
Shower area includes at least 9 sq. ft. of floor space per unit
Adequate, dry dressing space in common-use facilities
Shower floors constructed of nonabsorbent, nonskid materials with proper drains
Separate shower facilities provided for each sex (except in family units)
Shower facilities for each sex in the same building separated by a solid wall from wall to ceiling/roof
Shower facilities for each sex in the same building marked “men” and “women” and in native language of occupants
Lavatories/wash basins provided in a ratio of at least 1 per every 15 persons
Laundry facilities with hot and cold water under pressure
Laundry trays or tubs provided in the ratio of at least 1 per 25 persons (or washing machines in the ratio of 1 per 50 persons plus 1 laundry tray per 100 persons)

Cooking and Eating Facilities – 20 CFR 654.413

Individual and Family Units

Space or equipment provided for cooking and eating
Cookstove or hot plate with at least two burners provided
Adequate food storage shelves and counter for food preparation
Provisions for mechanical refrigeration at 45°F or less
Table and chairs or equivalent seating and eating arrangements proportional to capacity of the unit
Adequate lighting and ventilation

Common Use Facilities

Common facility, room, or building separate from sleeping facilities for cooking and eating
Stoves or hot plates with at least 2 burners provided in ratio of 1 to 10 persons, or 1 to 2 families
Adequate food storage shelves and counter for food preparation
Provisions for mechanical refrigeration at 45°F or less
Adequate tables and chairs or equivalent seating
Adequate sinks with hot and cold water under pressure
Adequate lighting and ventilation
Floors made of nonabsorbent, easily cleaned materials

Central Mess Facilities

In proportion to the capacity of the housing
Separate from sleeping quarters
Facilities, equipment, and/or operation in accordance with applicable state codes
Walls in all cooking and food preparation areas of nonabsorbent, easily cleaned material
Walls adjacent to cooking areas of fire-resistant material

Garbage and Other Refuse – 20 CFR 654.414

Fly-tight, durable, clean 20-gallon+ refuse containers provided adjacent to each housing unit
Fly-tight, durable, clean 20-gallon+ refuse containers provided in a ratio of 1 per every 15 persons
Refuse collected at least twice per week, or more often if necessary
Disposal of refuse is in accordance with State and local law

Insect and Rodent Control – 20 CFR 654.415

Housing and facilities are free of insects, rodents, and other vermin

Sleeping Facilities – 20 CFR 654.416

Comfortable beds, cots, or bunks provided for each person
Mattresses and bedding provided are clean and sanitary
Triple deck bunks not provided for use
Double bunks have a minimum of 27” between them and the top bunk is 36” or more from ceiling
Double beds used only for family accommodations

Fire, Safety, and First Aid – 20 CFR 654.417

Buildings used for sleeping or eating purposes meet applicable State or local fire and safety laws
Housing for less than 10 persons and family housing of one-story construction have two means of fire escape provided, one of which is a readily accessible window with an openable space of not less than 24 × 24 inches
Sleeping quarters for 10 or more persons, central dining facilities, and common rooms have at least two different doors in separate parts of the room or facility for fire escape
Second floor sleeping rooms and common rooms have a stairway and a permanently affixed ladder or second stairway
Sleeping and common rooms above the second story comply with State and local fire and building codes
Working fire extinguishers provided and are readily accessible, less than 100 ft. from housing unit
First aid facilities equivalent to the 16-unit first aid kit recommended by the Red Cross provided and readily accessible
Required first aid facilities provided in the ratio of 1 per 50 persons
Volatile or flammable liquids (except household products) not stored in or adjacent to living quarters
Pesticides and/or toxic chemicals not stored in housing area

MSPA General Obligations – MSPA Section 203(a), 29 U.S.C. 1823(a)

The person who owns or controls the housing facility complies with all applicable Federal, State, and/or local standards for such housing

H-2A General Obligations – 20 CFR 655.135(e)

The employer complies with all applicable Federal, State, and/or local standards for the housing facility

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

Housing Safety and Health Checklist for the ETA Standards