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. Several agencies 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 employees. 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.
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