The Do’s and Don’ts of H-2A Onboarding: Training & Orientation

H-2A employers often breathe a sigh of relief when they receive approval on their visa petition from U.S. Citizenship and Immigration Services (USCIS). Understandably so, given that this milestone marks the end of the government approval gauntlet, with all the scrutiny that it entails. From here, it’s simply a matter of scheduling the consular appointments, booking bus arrangements, and waiting for the workers to arrive. Right? 

Well, not so fast. There is still much work to be done, both to prepare for workers’ arrival and to get them situated once they’re here. This series spotlights best practices and guidance on various onboarding topics. Today’s focus is training and worker orientation. 

Worker Protection Standard (WPS) 

The WPS is intended to reduce the risk of pesticide-related illness and injuries among workers who handle pesticides or are exposed to pesticide residues. Employers should conduct in-person trainings for such workers with a certified instructor who can answer questions live. 

WPS train-the-trainer programs are cheap, easy, and can be completed entirely online through Environmental Protection Agency (EPA)-approved programs (such as this one). We recommend having Crew Leaders complete the train-the-trainer programs such that they can conduct appropriate training sessions when the H-2A workers arrive. 

Heat Stress  

All agricultural workers should be trained on heat stress and heat hazards, including prevention and first aid in accordance with OSHA guidelines. Topics should include: 

1. Types of heat-related illness and how to recognize signs and symptoms 

2. Importance of timely providing first aid to affected workers; 

3. Procedures for contacting emergency medical services; 

4. Importance of helping workers acclimate to their working environment; 

5. Job-related and personal risk factors for heat-related illness; 

6. Fluid replacement guidelines; 

7. Appropriate work/rest cycles when heat stress is high; AND 

8. Importance of resting in shaded or air conditioned areas when possible. 

You can find additional resources, including Spanish-language training materials, on OSHA’s website. 

Compensable Time 

For any onboarding events, you should always keep in mind the compensable time rules under the Fair Labor Standards Act (FLSA). Time spent in mandatory meetings, trainings, and orientations is considered for the employer’s benefit and thus compensable under the FLSA.  

Generally, employers may only exclude meeting, training, or orientation time from workers’ compensable time if ALL of the following criteria are met: 

1. The meeting, training, or orientation is outside normal working hours 

2. The worker’s attendance is voluntary; 

3. The meeting, training, or orientation is not job-related; AND 

4. No other work is concurrently performed by the worker. 

 If such time is compensable, then it should only occur on or after the certified H-2A start date. Compensable time before the certified start date may mean the H-2A worker is performing work out of status.