1. Monitoring Code of Conduct
What is the Monitoring Code of Conduct?
- Growers must participate in monitoring activities with honesty and respond to questions thoroughly and truthfully. If information or documents provided during the application process or during any audit, investigation, or other monitoring activity are inaccurate or untruthful, GAPC Certification may be denied or revoked.
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Growers must not retaliate or intimidate workers, the auditor, Worker Concern Helpline staff, or GAPC staff. If the auditor reports that any such conduct occurs during the monitoring activities, the monitoring visit will be terminated, and can result in GAPC Certification being denied.
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Growers must cooperate with agents and employees of the selected monitoring firm and GAPC with respect and without intimidation during monitoring activities and any follow up actions. Failure to cooperate with agents and employees of the monitoring firm or GAPC is grounds for denial of GAPC Certification.
If a grower is found to be violating the Monitoring Activity Code of Conduct Certification could be denied or revoked.
2. Worker Interviews
Who will be interviewed?
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20% of the total workforce
- Minimum of 2 workers - maximum of 10 workers
- Workers interviewed must representative of all labor sources used on the farm (i.e. H-2A, FLC, H-2ALC, Local, Migrant)
- Auditor will select workers randomly to be interviewed.
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Worker interviews are to be conducted anonymously and grower must not be present
- Auditor reserves the right to interview additional workers as needed
If worker interviews are being conducted, ensure the workers will be available and close by on the day the auditor arrives.
What operations are required to have worker interviews?
Operations who only hire immediate family labor are exempt from worker interviews.
3.Direct vs Indirect Hiring
What is the difference in direct vs indirect hiring?
Direct Hiring/Hired Directly
Workers are hired directly by the grower or with the assistance of a personal attorney,
approved H-2A agent or H-2A agricultural association (i.e., NCGA, AWMA, VAGA, National
Ag Consultants or KY Farmers Aid)
Indirect Hiring/Hired Indirectly
Workers are NOT hired directly by the grower or with the assistance of a personal
attorney, approved H-2A agent or H-2A agricultural association. Grower solicits a third party such as a Farm Labor Contractor (FLC) or H-2ALC to hire workers to work on the
operation.
If any of your labor is indirectly hired, please review the definition and requirements for an
FLC (i.e., crew leader). The FLC you are using to help you indirectly hire may need to
register with the U.S. Department of Labor. Working with an unregistered FLC is a non remediable Critical Standard which means your Certification can be denied or revoked.