Coordination Between Growers And FLCs On A Workplace Access Plan
Having a clear workplace access plan can ensure a safe and productive season. Communication and planning are critical when a grower and employer are different, as is often the case when a grower hires a farm labor contractor. A worksite access plan outlines clear roles and responsibilities, including how the grower and farm labor contractor (FLC) will communicate. This plan applies to anyone who may seek to enter a workplace, such as immigration enforcement agents.
Who should have a workplace access plan?
Both the grower and FLC should have workplace access plans, and they should work together to ensure clear understanding of their respective roles. The grower’s plan should address procedures for the entire property including production and administrative areas. The FLC’s plan should address any FLC properties or offices, as well as procedures for managing access on grower properties when FLC crews are present.
The grower and FLC should establish clear communication procedures with their personnel on what to do when someone is seeking entry and the appropriate follow-up after the event.
Who should train workers on the plan?
An employer is responsible for training their employees. In the case of employees hired directly by the grower, the grower is responsible for their training. Similarly, FLCs are responsible for training the employees they hire. Communication and coordination between the grower and FLC on training elements will ensure that everyone working in an area understands how to respond to situations and follows the same guidelines.
Who should designate private areas?
The grower has the primary role of designating areas as private. They can communicate this by posting private property, authorized personnel only, and/or no trespassing signs throughout the property with an emphasis on entry points. They can also ensure there are gates and locked doors to better distinguish between public and private areas where possible. Private areas are private regardless of whether signs are posted or not.
FLCs must have their license information posted at the entrance of the area where their crew is working. This provides an opportunity to post information for visitors. On the posting, the FLC can include a private area sign that lists the location of the company office and phone numbers of the people who should be contacted regarding access.
Who can grant access to private areas?
Be aware that individuals may come onto the property without requesting permission, or they may ask someone who has not been authorized to grant access. It is critical that grower and FLC personnel understand how to approach visitors coming onsite, who is authorized to grant access, and how to respond if a visitor requests access.
The grower and FLC should work together to determine who is authorized to grant access. There should be more than one designated person, which could be the grower, the FLC, the human resources manager, and/or someone else. All grower and FLC field supervisors should have contact information for the designated individuals. In the case of immigration agents, the California Immigrant Worker Protection Act (AB 450) prohibits employers from voluntarily consenting to entry. Ensure all employees are trained to instruct agents to wait in a public area.
What should be done after a visitor accesses a private area?
In the instance that a visitor accesses a private area without being granted access and without a judicial warrant, the supervisors onsite should consider taking notes about what happened during the encounter. They can document the name of the person who visited, the time of access, where they went, and who they spoke to. The grower and FLC should share the notes to review the encounter and the workplace access plan. If they feel comfortable doing so, the onsite supervisor can film the incident.
Resources
- Resources available at Campo Seguro include a company contact pocket card, post worksite raid checklist, administrative warrant example, and judicial warrant example.
- Managing Workplace Access: How To Develop A Workplace Access Plan
- Voluntary Emergency Contact Information
- Immigration or other law enforcement is at the door!
- Know Your Rights Factsheet
This article does not provide an exhaustive description of employer responsibilities, nor should it be considered legal advice. Consult with your attorney if needed.