The Immigration and
Nationality Act requires employers who want to use foreign temporary workers on H-2A visas to get a labor
certificate from the Employment and Training
Administration certifying that there are not sufficient, able, willing and qualified U.S. workers
available to do the work. The labor standards protections of the H-2A program are enforced by ESA's Wage and Hour Division.
Mine Safety &
Health The Federal Mine Safety and Health Act of 1977 covers all people who work
on mine property. The Mine Safety and Health Administration
(MSHA) administers this Act. The Mine Act holds mine operators responsible for the safety and health
of miners; provides for the setting of mandatory safety and health standards, mandates miners' training
requirements; prescribes penalties for violations; and enables inspectors to close dangerous mines. The safety
and health standards address numerous hazards including roof falls, flammable and explosive gases, fire,
electricity, equipment rollovers and maintenance, airborne contaminants, noise, and respirable dust. MSHA
enforces safety and health requirements at more than 13,000 mines, investigates mine accidents, and offers mine
operators training, technical and compliance assistance.
administer programs related solely to the construction industry. OSHA has special occupational safety and health
standards for construction; ESA's Wage and Hour
Division, under Davis-Bacon and related acts, requires payment of prevailing wages and benefits;
ESA's Office of Federal Contract
Compliance Programs enforces Executive Order 11246, which requires federal construction contractors
and subcontractors, as well as federally assisted construction contractors, to provide equal employment
opportunity; the anti-kickback section of the Copeland Act precludes a federal contractor from inducing any
employee to sacrifice any part of the compensation required.
Most laws with
labor provisions regulating the transportation industry are administered by agencies outside the Department of
Labor. However, longshoring and maritime industry safety and health standards are issued and enforced by
OSHA. The Longshoring and Harbor Workers'
Compensation Act, administered by ESA,
requires employers to assure that workers' compensation is funded and available to eligible
In addition, the rights of employees in the mass transit industry are protected
when federal funds are used to acquire, improve, or operate a transit system. Under the Federal Transit law, the
Department of Labor is responsible for approving employee protection arrangements before the department of
Transportation can release funds to grantees.