Employment Service Guide – D-200: Migrant & Seasonal Farmworkers

D-201: About Migrant & Seasonal Farmworkers

Boards must be aware of the following:

Services to Migrant and Seasonal Farmworkers (MSFWs) are federally mandated to ensure that MSFWs are offered the full range of employment services, benefits and protections, including the full range of counseling, testing and job training referral services.  This includes an internal monitoring system, outreach, complaint processing procedure and performance measures and indicators of compliance for MSFWs.  The purpose of the mandate is to enhance the MSFW population’s employability and to provide needed services.  By law, MSFWs must receive services that are qualitatively equivalent and quantitatively proportionate to services provided to non-MSFWs (20 Code of Federal Regulations (CFR), Chapter V, Part 653).

See the Texas Workforce Migrant and Seasonal Farmworkers Self Study GuidePDF on the Intranet (the Intranet is not available to the general public) for additional information and referral requirements.

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D-202: Migrant & Seasonal Farmworkers Outreach Program

Boards must be aware of the following.

In addition to the required MSFW services previously mentioned, certain Workforce Solutions offices—designated as MSFW-significant Workforce Solutions offices—must conduct outreach to MSFWs.  An MSFW-significant Workforce Solutions office is a Workforce Solutions office in which MSFW job registrants comprise 10 percent or more of the total job seekers registered during the previous program year (July to June). 

Boards must ensure that MSFW-significant Workforce Solutions offices provide an outreach program to locate and contact MSFW program-eligible adults and youth who are not being reached by Workforce Solutions offices’ normal intake activities.  The purpose of the outreach program is to:

  • Enhance the employability of MSFWs
  • Provide support services 

The goals of the outreach program are to:

  • Provide basic services where MSFWs work, live or gather for recreational purposes
  • Inform MSFWs of the full array of services available at the Workforce Solutions office
  • Provide needed support services and referrals to other service providers

Boards must ensure that Workforce Solutions office staff document all outreach activities as follows:

  • Complete and maintain Form MSFW-002 (Migrant and Seasonal Farmworker Daily Log of Outreach Activities) in accordance with guidelines at 20 CFR §653.107, documenting all outreach activities.
  • Ensure that the total number of MSFW contacts and other required items documented on Form MSFW-002 are equivalent to the totals reported on Form MSFW-001 (Migrant and Seasonal Farmworker Monthly Outreach Summary Contact Report).

Forms MSFW-001 and MSFW-002 are available on the Intranet (the Intranet is not available to the general public).

Boards also must ensure that:

  • Full-time Workforce Solutions office staff members outreaching MSFW customers meet a standard of five contacts per day per employee, or 109 MSFW contacts per month
  • Less than full-time Workforce Solutions office staff members outreaching MSFW customers meet a standard of contacts per day per employee based on the proportion of a full-time schedule (for example, a half-time staff member must make 55 MSFW contacts per month)

Boards must ensure that Form MSFW-002 is available for review upon request.

Boards receiving supplemental ES funding for MSFW outreach must:

  • Develop an annual outreach activity plan detailing the use of the supplemental funds
  • Make the plan available for review upon request

Additionally, if a Board’s outreach activity plan includes using supplemental ES funds to hire full-time or part-time staff to conduct outreach activities, the Board must ensure that these staff members meet all of the requirements set out for Boards with MSFW-significant Workforce Solutions offices.

Boards with MSFW-significant Workforce Solutions offices and Boards receiving supplemental ES funding for MSFW outreach activities must submit Form MSFW-001, by the 10th business day after the close of the month, to TWC’s Monitor Advocate at msfw.monitoradvocate@twc.state.tx.us.

Boards also must ensure that Workforce Solutions offices retain Form MSFW-001 and Form MSFW-002 for the current year plus two years.

D-202.a: MSFW Outreach Worker Roles & Responsibilities

In most MSFW-significant Workforce Solutions offices, the MSFW outreach worker may be a full-time position.  The MSFW outreach worker is responsible for:

  • Contacting and locating MSFWs where they work and live
  • Observing the work and living conditions of MSFWs
  • Explaining the services available
  • Providing information about the job service complaint system
  • Explaining basic farmworker rights with respect to the terms and conditions of employment 
  • Assisting in the preparation of a WorkInTexas.com job seeker account
  • Referring MSFWs to a job currently available
  • Assisting in making appointments with other Workforce Solutions offices or other appropriate agencies
  • Referring MSFWs to support services, if needed
  • Assisting in the preparation of a worker complaint (see E-100: Complaint Procedures)

For additional information on the MSFW outreach program and outreach worker roles and responsibilities, refer to 20 CFR, Chapter V, Parts 653 and 658.

 

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