Located in:
- Program-Specific Requirements for Wagner-Peyser Program (Employment Services)
All Program-Specific Requirements provided for the WIOA core programs in this section must be addressed for either a Unified or Combined State Plan.
e. 1. Assessment of Need. Provide an assessment of the unique needs of farmworkers in the area based on past and projected agricultural and farmworker activity in the State. Such needs may include but are not limited to: employment, training, and housing.
Current Narrative:
The Agricultural Outreach Plan (AOP) is a crucial component mandated under the Workforce Innovation and Opportunity Act (WIOA) for each State agency, requiring a comprehensive update every four years as part of the Unified State Plan outlined in sections 102 or 103 of WIOA. The primary objective of the AOP is to conduct a needs assessment.
In alignment with the amendments introduced by WIOA, the Puerto Rico Department of Labor and Human Resources (PRDOLHR) assumes responsibility for delivering services to Migrant and Seasonal Farmworkers (MSFW) in a manner that is both qualitatively equivalent and quantitatively proportionate to services offered to non-MSFWs. Recognizing the considerable challenges faced by MSFWs in achieving basic educational goals and securing sustainable employment, the PRDOLHR addresses impediments such as transportation issues, language barriers, and workplace hazards.
Efforts are directed at overcoming these challenges, with the PRDOLHR ensuring transportation for MSFWs through their employers. A range of services, including job search assistance, counseling, testing, and referral services, along with various training programs available under WIOA and the National Farmworker Jobs Program (NFJP), is extended to all MSFWs. Outreach activities involve in-site visits to MSFWs, offering orientation and counseling services. To mitigate exposure to workplace hazards, the PRDOLHR employs a housing checklist compliant with safety and security regulations.
According to WP regulations (20 CFR 653.107), an Agricultural Annual Outreach Plan (AOP) must be submitted annually. As part of the Unified State Plan mandated by WIOA, the AOP for Program Year (PY) 2024 is included, outlining strategies for serving domestic MSFWs and H-2A foreign guest workers not reached by standard intake activities. This plan spans from July 1, 2024, to June 30, 2027.
The Wagner-Peyser Act, amended by WIOA, emphasizes that the full spectrum of employment and training services for the agricultural community, encompassing both MSFWs and agricultural employers, must be provided within the One-Stop Centers network. This commitment ensures equitable access to a comprehensive array of services for MSFWs, aligning with the Charles R. Richey Order of 1973 addressing civil rights violations against MSFWs.
Puerto Rico holds historical significance as a designated MSFW State reflecting a high number concentration of MSFW in the following local areas: Southwest, Mayaguez, North Central, Southeast, Guayama, and South Central.
(1) Assessment of Need. Provide an assessment of the unique needs of farmworkers in the area based on past and projected agricultural and farmworker activity in the State. Such needs may include but are not limited to employment, training, and housing.
The Puerto Rico Department of Labor and Human Resources (PRDOLHR) recognizes the unique needs of farmworkers in the region. To address these needs comprehensively, the department has implemented the Agricultural Outreach Plan (AOP) and associated outreach initiatives, aligning with the requirements of the 2023-2027 Workforce Innovation and Opportunity Act (WIOA) State Unified Plan.
A Comprehensive Assessment:
The Agricultural Outreach Plan (AOP) mandates a thorough assessment of the specific requirements of farmworkers, encompassing employment, training, and housing. This assessment is grounded in historical and anticipated agricultural and farmworker activities within the state. The AOP serves as a guide for the 20 CFR 653.107(i-p) requirement, directing the PRDOLHR to operate an Outreach Program targeting MSFWs who may not typically engage with local Employment Service offices.
Geographical Focus:
The PRDOLHR has strategically established six significant career centers in agriculturally significant areas across the state. These centers play a crucial role in serving MSFWs by providing a range of employment-related services.
These needs will be a priority for the following six significant career centers:
Career Service Servicing Areas serving MSFW
| Career Center Locations | Municipalities served |
|---|---|
| North Central Region | Quebradillas, Camuy, Hatillo, Arecibo, Lares, Utuado, Jayuya, Adjuntas |
| Southeast Region | Humacao, San Lorenzo, Juncos, Las Piedras, Maunabo, Patillas, Yabucoa |
| AMSI Guayama Region | Guayama, Arroyo |
| South Central Region | Coamo, Villalba, Juana Díaz, Santa Isabel, Salinas, |
| Southwest Region | San Germán, Cabo Rojo, Hormigueros, Lajas, Sabana Grande, Maricao, Yauco, Guayanilla, Peñuelas, Guánica |
| Mayaguez/Las Marías Region | Mayagüez, Las Marías |
Source: PRDOLHR.
By positioning these centers strategically, the PRDOLHR ensures a proactive approach to meeting the employment-related needs of MSFWs in various localities.
Outreach Initiatives:
The Outreach Program delineates activities designed to furnish an extensive array of employment and training services to the farmworker community, coupled with outreach initiatives targeting Migrant and Seasonal Farmworkers (MSFW):
- Provide the full range of services available at the Unified Management Center to MSFWs who, for various reasons, do not reach the Center
- Referrals to job opportunities
- Referrals to the National Farmworkers Jobs Program (PathStone)
- Information about the labor market
- Orientation on the right of MSFWs and assistance in filling complaints These efforts aim to bridge the gap and engage farmworkers who might otherwise be underserved.
In compliance with the Wagner-Peyser Act, as amended by WIOA, the Puerto Rico Department of Labor and Human Resources (PRDOLHR) is committed to ensure that Migrant and Seasonal Farmworkers (MSFW) receive services through American Job Centers that are both quantitatively proportional and qualitatively equivalent to those provided to non-MSFWs. Furthermore, the Wagner-Peyser Act is committed to ensuring that H-2A foreign guest workers and domestic farmworkers are well-informed about their rights and acquainted with labor laws designed to protect them.
Puerto Rico retains its designation as a significant MSFW State, driven by special circumstances such as the estimated high number of MSFWs in the service area. Despite the absence of One-Stop Career Center MSFW data in PY2022, Significant MSFW One-Stop Career Center designations for PY2023 remain unchanged. Puerto Rico continues to serve as a supplier state for various entities in the Eastern Region of the United States.
Nevertheless, the significant barriers faced by MSFWs in securing agricultural employment in the U.S., exacerbated by discriminatory practices of some H-2A employers in the mainland U.S.A., demanding increased job experience, have led to a substantial decrease in the number of MSFWs seeking agricultural jobs on the mainland. This trend not only impedes local workers from applying for these positions but also creates opportunities for employers to hire non-U.S. citizen workers.
Table 1: MSFWs Referred to USA Agricultural Jobs
| PY15 | PY16 | PY17 | PY18 | PY19 | PY20 | PY21 | PY22 | PY23 | |
|---|---|---|---|---|---|---|---|---|---|
| Total MSFWs Referred | 1003 | 435 | 142 | 60 | 14 | 14 | 13 | 12 | 13 |
| Total MSFWs Interviewed | 451 | 134 | 26 | 13 | 8 | 4 | 3 | 1 | 4 |
| Total MSFWs Hired | 347 | 89 | 27 | 43 | 5 | 6 | 9 | 9 | 8 |
The State Monitor Advocate is actively engaged in advocating for MSFWs, coordinating efforts with various federal agencies to identify unscrupulous H-2A employers who consistently violate H-2A, Wagner-Peyser, and labor-related laws.
The subsequent enumeration outlines some prevalent needs within the MSFW population, accompanied by strategies employed by PRDOLRH to address them:
| NEEDS | STRATEGY |
|---|---|
| Lack of flexibility in their work schedules prevents them from accessing basic services, as agricultural work hours do not coincide with typical business hours. | The PRDOLRH provide services to MSFWs by means of Outreach Workers, including their family members, and coordinate referrals to supportive services, assistance in arranging appointments and transportation for individual MSFW or a member of their family to and from American Job Centers or other appropriate agencies. |
| Poor access and/or assistance with transportation not only to their workplace but also to basic services such as health, legal advice, and education. Limited or poorly equipped housing facilities near your workplace. | MSFWs lack of transportation is provided by means of available transportation in the area provided by collective transportation or other means provided by the municipality or other community-based organizations in the area. |
| Lack of coordination of assistance to access educational development opportunities, as many appear to lack basic skills such as low educational level, some totally illiterate. | Most MSFWs lacks basic skills which impede them from being competitive in the labor market, amid that transportation issues aggravate the situation. Outreach workers are essential in addressing these needs by providing MSFWs with career pathway information and making referrals to other partners to address these barriers. AJCs may provide transportation to and from the Center to receive appropriate educational and training services to overcome these barriers. |
| The lack of young farmworkers since 65% of the island's agricultural workforce is over 55 years old. The decline in new farmworkers will have significant negative effects on the island's agriculture in the coming decades. | Puerto Rico has some municipalities that have implemented strategies to address this need by enabling disused schools to develop training and tree nurseries training, in planting coffee, banana, oranges, bread fruit, guanabana. In addition, the municipality of Utuado has integrated the participation of youth people in agriculture through its Agriculture Program at the University of Puerto Rico. Also, the PRDOLRH considers evaluating whether students who receive assistance from the HEP/CAMP Program can be recruited to meet this need. |
| Lack of knowledge and adequate training to protect oneself from occupational risks. | The National Farmworker Jobs Program (NFJP), operated by PathStone, provides MSFWs with safety training in the use of pesticides and other chemicals used for crops. This includes the use of safety equipment such as gloves and masks when required. |
| Discriminatory practices in the hiring process reduce your chances of obtaining employment. | MSFWs have experienced discriminatory treatment in the past from employers on the mainland. This trend continues to date. However, the stream of local MSFWs to mainland farms has been extensively reduced to a point where only a small handful of workers migrate to USA farms. There is no expectation that this despair treatment will disappear in the long term. The PRDOLHR provides assistance to MSFWs, if needed, to complete and submit a complaint if the need arises. |
PRDOLHR will continue its commitment to helping MSFWs overcome these barriers by ensuring that WP services, such as job search assistance, counseling, testing, and referral services, including the wide range of training services available under WIOA and the National Farmworker Jobs Program (NFJP) are made easily available to them.