[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR42.21]

[Page 426-427]
 
                             TITLE 29--LABOR
 
PART 42--COORDINATED ENFORCEMENT--Table of Contents
 
Sec. 42.21  Data collection.

    (a) For each protective statute, ESA, OSHA, and the Office of the 
Solicitor (SOL) shall regularly collect statistical data reflecting 
their enforcement efforts on a regional and national basis and shall 
submit such data quarterly to the National and Regional Committees. 
Fourth quarter data shall be accompanied by annual summaries. These 
submissions shall include at least the data items specified in this 
section. The data collected will provide a basis for coordination of 
enforcement of the protection statutes.
    (b) The statistical data submitted by ESA on FLCRA enforcement shall 
include: (1) Total compliance actions covered by the Act, showing total 
farm labor contractor (FLC) actions, total

[[Page 427]]

farm labor contractor employee (FLCE) actions, total User actions, total 
concurrent FLSA actions, and total actions with noncompliance; (2) total 
types of assignments (JS complaint, other complaint, employers of 
undocumented workers); (3) total types of compliance actions 
(conciliation, full investigation, follow-up investigation, other); (4) 
total compliance hours expended; (5) total crew workers affected; (6) 
total violations by categories and type of violation (FLC, FLCE, User); 
(7) total compliance actions in which civil money penalties (CMPs) are 
assessed and total amount assessed; (8) total compliance actions in 
which CMPs are collected and total amount collected.
    (c) The Wage-Hour Division shall submit the following statistical 
data on FLSA enforcement with respect to employees working within the 
categories of Agriculture, Agricultural Products, and Agricultural 
Services, etc., and various subcategories of each of these three major 
categories: (1) Total number of completed investigations; (2) total 
hours spent in conducting investigations; (3) number of employees found 
underpaid (total, under minimum wage provisions, under overtime 
provisions); (4) amount of underpayment found (total, under minimum wage 
provisions, under overtime provisions); (5) total number of employees to 
whom income was restored; and (6) total amount of money restored.
    (d) OSHA's migrant farmworker enforcement statistical data shall be 
submitted for each region on a state-by-state basis, including OSHA 
State Plan States, and shall include: (1) Number of complaints received 
and number of inspections conducted in response; (2) number of referrals 
received and number of inspections conducted in response; (3) number of 
programmed or directed inspections, (4) number of violations found by 
type of violation (serious, willful, repeat and other than serious); (5) 
total number of employees affected by inspections; (6) approximate total 
hours spent on migrant camp inspections; (7) number of inspections for 
which penalties were proposed and amount proposed; (8) number of 
inspections for which penalties were collected and amount collected.
    (e) The SOL shall submit statistical data on farm labor-related 
enforcement efforts under each protective statute which shall include: 
(1) Total cases received by SOL; (2) actions taken on cases (settled, 
referred to ALJ, civil actions filed, referrals to U.S. Attorney); and 
(3) results of cases (including injunctions and license revocations and 
denials).
    (f) Complaint Response Data--ESA and OSHA shall submit annually a 
summary of aging data for their respective migrant farmworker-related 
activities under FLCRA, FLSA and OSHA respectively, showing aging from 
receipt of a complaint or completion of an investigation until referral 
to SOL or other final action by the enforcement agency. The Office of 
the Solicitor shall submit similar data showing aging of matters between 
receipt by SOL of a case and the completion of some responsive action on 
the case. Where available, OSHA shall submit data showing the average 
length of time between receipt of a complaint and the completion of the 
action taken in response to the complaint. Where available, ESA shall 
submit data showing complaints received, complaints on hand, and number 
of actions completed based on complaints.
    (g) The National Committee shall review the data collection systems 
of ESA, OSHA and SOL, as they pertain to farm labor enforcement, and 
recommend any necessary changes to the subagencies.