See Google Docs for printable PDF version.
This checklist is designed as a tool to help farmers run through the AJP labor standards (on the left) to see if they are already in compliance and to identify any areas they may need to work on prior to seeking Food Justice Certification.
This checklist does not include standards regarding farmer responsibilities to certified buyers or vice versa. Examples of the types of documentation that are likely to demonstrate compliance with the standards are listed on the right. However, the certification inspector will ultimately decide whether documentation is adequate or not, and they may request additional documentation if they feel it’s appropriate. All practices must also be verified by workers during internal and external audits. The AJP Toolkit includes templates for some of the documentation described below.
Self-Assessment Checklist #
Labor Rights for Workers & Interns #
| AJP Labor Standard | Examples of Documentation |
|---|---|
| 1. Do you respect your employees’ right to Freedom of Association and related collective bargaining rights? This refers to the right of workers to raise work-related concerns, negotiate terms of their employment, and lodge complaints or grievances without any employer reprisals. This can be on an individual basis, in small groups, or collectively. It can be informal, such as workers simply coming to the employer or supervisor with concerns or requests, or formal such as unionization and related collective bargaining, or anything in between - all based on the wishes and decisions of the employees themselves. | Stated in written employment contracts provided to and signed by workers and in farm policies |
| 2. Workers are aware of their right to negotiate individually or collectively and feel they can exercise this right. | Stated in written employment contracts provided to workers or in farm policies signed by workers |
| 3. Labor organizations are not barred from visiting workers or interns during non-work times. | |
| 4. Grower has developed and communicated with workers their rights to use the farm’s conflict resolution process if a dispute arises between grower and worker(s). | Conflict resolution process outlined in written employment contracts provided to and signed by workers and/or in farm policies |
| 5. Grower’s conflict resolution process for workers and interns is translated in the native or accessible language of each worker. | Written translation of employment agreement and farm policies if workers need |
| 6. The employment agreement for workers includes stated penalties for cases when grievances filed by workers are not handled in a speedy manner or that are not handled in good faith. | Included in written grievance policy in farm policies and/or written employment agreement |
| 7. Grower negotiates with democratically elected worker representative. | |
| 8. Grower has an established and documented discipline policy on the farm. | Discipline policy included in written farm policies and/or written employment agreements/contract |
| 9. Workers are allowed to have a representative of their choosing present during discharge or disciplinary action. | Farm could have disciplinary action form that is filled out during disciplinary action meetings that is signed by worker and representative and could include statement the worker understands their right to have representative present and/or right is stated in written farm policies and/or written employment agreements |
| 10. Employment agreements/contracts are written. | Written agreements |
| 11. Employment agreements/contracts with workers are in worker(s) native or accessible language. | Translated written agreement/contract if workers need. |
| 12. Employment agreements/working conditions have been presented to workers verbally. | Sign in sheet for verbal presentation with workers’ signatures or statement in employment agreement that worker signs that states they have received this information verbally |
| 13. Employment agreements/contracts include details of working conditions, living conditions (if applicable), wage, payment schedule, benefits, and leave. | In written agreements |
| 14. Any changes in employment agreements are done through negotiations with workers. | |
| 15. Workers have access to their own records. | |
| 16. Workers were trained on their rights per the AJP standards. | Sign in sheet for worker trainings on AJP standards |
| 17. Grower does not discriminate against any employee or prospective employee, in hiring, wages, benefits, or any other capacity, on the basis of race, creed, color, national or ethnic origin, gender, age, handicap or disability (including HIV status), union or political activity, immigration status, citizenship status, marital status, or sexual orientation. | Stated anti-discrimination policy included in hiring announcements, employment agreement or documented farm policies. |
| 18. Grower does not engage in or allow physical, psychological, verbal, sexual harassment or abuse against any worker or intern on farm. | Stated in written farm policies and/or in written employment agreement with stated disciplinary action consequences if violated |
| 19. Grower does not hire workers through a labor contractor (if grower does hire workers through a contractor see question #20). | |
| 20. If grower does hire through labor contractor grower has justified this and grower ensures that labor contractor upholds ALL AJP standards regarding worker rights for those hired through labor contractor (i.e., labor contractor has opened their records for inspection and farmer has verified this). | Written explanation and justification for using contractor plus documentation of how farmer ensures contractor complies with standards for those workers may include contractor’s contract with employees, contractors employment policies, signed document by contractor stating willingness to open books and be audited for compliance with AJP standards |
| 21. Grower does not use any voluntary program for obtaining workers that prevents full compliance with AJP standards. | |
| 22. Grower has not terminated without cause any worker during the past year. | For any involuntary terminations farmer has documentation of reasons and process used and has documented steps leading up to termination such as with disciplinary action form signed by worker |
| 23. Workers have the right to appeal any disciplinary action or involuntary termination | Right to appeal is included in written employment agreement and/or written farm policies. Farmer documents appeals made and outcomes (certification auditor will follow up with involuntarily terminated workers). |
| 24. Workers were trained on their rights per local, regional, and federal labor laws. | Workers sign sign-in sheet for training on legal rights. |
Child/Youth Labor Standards (Workers Under 18) #
| AJP Labor Standard | Examples of Documentation |
|---|---|
| 1. Workers under 18 years old do not work full time. | Timesheets for workers under 18. |
| 2. Workers under 18 years old are not kept from school. | Timesheets for workers under 18 that show work hours are not during school hours and/or attendance records from school |
| 3. Workers under 18 years old are not exposed to hazardous materials or heavy machinery. | This restriction could be stated in employment agreement with workers under 18. |
| 4. Workers with children are provided childcare or wage sufficient to pay for childcare. | Part of explanation of what is covered by wage. |
Wages and Benefits for Workers #
| AJP Labor Standard | Examples of Documentation |
|---|---|
| 1. Grower pays all workers a living wage (if no, see questions 2-9 below). | Employee agreement states wage and benefits and grower explains living expenses that are covered by wage and benefits package and/or farmer provides document of living wage for region compiled by expert group on living wage, such as MIT. |
| 2. If grower does not pay all workers a living wage, grower has documentation of inability to pay a living wage (including financial records). | Farm budget or most recent profit and loss statement. Farmer does not need to reveal personal financial information. |
| 3. If grower does not pay all workers a living wage, grower has provided the documentation of inability to pay a living wage to all workers. | Documentation options include a farm meeting with workers to outline farm financial constraints and how it impacts wages and benefits, or farmer shares farm profit/loss statement from previous season |
| 4. Actual wages paid to workers are higher than prevailing wage in the region for similar work. | Prevailing wage documentation to compare with payment records for employees. |
| 5. If grower does not pay a living wage to all workers there is a plan in place that will lead to eventually paying a living wage. | Written plan to eventually pay living wage with details for executing plan, such as timeline or sales and profit criteria. |
| 6. If grower does not pay a living wage to all workers this plan includes a way to measure progress towards goal of paying a living wage. | Should be documented in written plan to eventually pay a living wage, also from year to year wages should increase. |
| 7. If grower only pays prevailing wage or lower, this is justified and temporary. | Wage payment records indicating temporary nature plus justification of needing to pay low wage |
| 8. Ratio between lowest paid and highest paid workers is not greater than one to eight. | Payment/wage records for all employees, including managers and owners. |
| 9. Worker wages have increased as profits have increased. | Wage/payment records showing that wages for all workers have increased over time as compared to profit increases (if profit has increased). |
| 10. Workers receive benefits including workers compensation, disability, and unemployment. | |
| 11. Workers are allowed one day of rest out of every seven except in times of TEMPORARY high labor demand. | Timesheets over time (past year). |
| 12. Workers are not required to work more than 48 hours on average per week. Overtime is voluntary. | Timesheets over time (past year). |
| 13. Grower has an overtime policy that was negotiated with workers or democratically selected worker representative. | Overtime policy included in employment agreement/contract and/or farm policies (verified by workers to have been voluntary) |
| 14. Grower has a seniority policy. | Included in farm policies. |
| 15. Grower pays equally for equal work (allowing for seniority and merit based pay). | Wage/payment records and positions and years of experience on farm, merit differences justified by documented annual reviews of work for each employee. |
| 16. Grower has a policy and practice of hiring the same seasonal workers year after year. | Seasonal workers have more than one year of work experience on farm, farm able to show employment contract for several years for same seasonal workers. |
| 17. Grower does not make unfair deductions and withholdings from pay and does not withhold pay as a disciplinary action. | |
| 18. Workers are provided leave of absence for maternity, medical, and family emergencies. | Stated in employment contract and/or farm policies. |
Worker Housing Standards #
| AJP Labor Standard | Examples of Documentation |
|---|---|
| 1. Workers and interns living on the farm are allowed to have any visitors they want during non-work hours provided visitors are respectful of property and noise limits. | Written farm policy |
| 2. Workers and interns living in farmer provided housing are allowed privacy and are given notice when possible when farmer or farm staff must enter housing for maintenance or inspection. | Written farm policy |
| 3. Worker and intern housing is protected from toxic and hazardous substances (through buffer zone). | Training for workers includes guidelines on avoiding buffer areas when using toxic and hazardous substances. |
| 4. Housing for workers and interns has clean and safe water. | Periodic water tests |
| 5. Workers are charged a fair rent that is not higher than the market rate for equivalent housing in region and that takes into consideration aim of paying a living wage. | Documentation of market rate for similar housing and payment records for rent payments. |
| 6. Wages are sufficient to justify charging rent. | Wage/payment records and rent payment records. |
Health & Safety #
| AJP Labor Standard | Examples of Documentation |
|---|---|
| 1. Grower maintains a safe and sanitary work environment. | |
| 2. Grower has a health and safety plan for the farm. | Written health and safety plan |
| 3. Grower conducts a health and safety training for all workers and interns. | Sign in sheet for health and safety trainings showing issues/topics covered in training and signed by workers in attendance. |
| 4. Health and safety training includes providing workers and interns with toxic materials label information. | Labels filed for all substances used on farm. Workers sign off when they have read labels. |
| 5. Health and safety training includes providing workers and interns with protective gear and clothing when using hazardous materials. | |
| 6. Health and safety training includes training on workers’ legal rights related to worker protection, pesticide safety, and requirements for sanitation and food safety. | Sign in sheets from trainings, listing topics covered |
| 7. Workers and interns have access to adequate medical care. | |
| 8. Workers and interns are allowed sufficient breaks for rest, water, and use of sanitary facilities. | |
| 9. Workers and interns have access to sanitary facilities when doing field work. | |
| 10. Grower provides clean water for consumption and hand washing for workers and interns. | |
| 11. Grower keeps records of all workplace injuries. | Farm office records document all work place injuries. |
| 12. Farm has a low injury rate compared to other similar operations in region. | Records show low rate. Farmer has documentation of rates for similar operations in region. |
| 13. If farm has high injury rate, grower has a documented plan to reduce the accident rate. | Documented plan, specific action to improve safety. |
| 14. If farm has more than ten workers or interns, grower has set up a health and safety committee with democratically selected worker representatives. | Minutes from health and safety committee meetings and/or sign in sheets and/or agenda covered. |
| 15. Health and safety committee meets regularly to discuss health and safety issues on the farm. | Minutes from health and safety committee meetings and/or sign in sheets and/or agenda covered. |
| 16. Health and safety committee has access to all pertinent farm records. | |
| 17. If farm has only one or two workers grower meets regularly with workers to discuss health and safety issues on the farm. | Documentation of meetings can include agenda or minutes of meeting signed off by both farmer and worker(s) present. |
| 18. Label information for hazardous and toxic materials is presented to workers in their native or accessible language. | Documents with label information translated. |
| 19. Label information for hazardous and toxic materials is presented to workers verbally. | Sign in sheet that workers sign saying they were present for the presentation of this information. |
| 20. If grower uses toxic substances, grower has a plan to reduce use of these substances. | Documented plan with steps to follow and timeline. |
| 21. If grower uses toxic substances, grower has documented explanation of why less toxic substances are not used. | Documented justification. |
Interns & Apprentices #
| AJP Labor Standard | Examples of Documentation |
|---|---|
| 1. Interns are provided with a fair stipend to cover living expenses while compensating farmer for providing instruction. | Wage records (in contract or pay stubs) and list of what wage is expected to cover as well as other benefits (outlined in contract) such as housing if provided. |
| 2. Grower has sufficient educational opportunities for interns (in other words, they are not just labeled as interns to avoid paying a living wage). Intern agreement and contracts include list of topics/subjects to be taught and methods for teaching. | Farm should have list or outline of the specific educational opportunities and tasks/topics covered on farm internship. Needs to reference readings and farm visits to other farms and methods to be used to teach (hands on, classroom, etc). |
| 3. Interns have received the same trainings and benefits of other workers. | If farm uses sign-in sheets for the legal rights, AJP standards, and health and safety training; interns should be in attendance at these trainings and sign sign-in sheet. |
| 4. Intern agreements/contracts contain methods for mutual evaluation or regular feedback at the end of the internship. | Mutual evaluation process included in written agreement/contract and/or a document outlining issues discussed in evaluation and points for improvement/commendations signed by both intern and farmers after evaluation. |
| 5. Intern agreements/contracts outline the disciplinary procedures. | Farm policies and/or written agreement/contract include the specific disciplinary steps (see AJP farmer toolkit for template). |
| 6. Intern agreements/contracts include the stipend amount. | Written agreement/contract includes stipend amount and payment terms. |
| 7. Intern agreements/contracts include housing to be provided (if applicable). | Written agreement/contract includes housing terms if housing is to be provided. |
| 8. Intern agreements/contracts include grower’s expectations for working hours and tasks. | Written agreement/contracts include working hours and tasks to be done by intern. |
| 9. Intern agreements/contracts include topics or subjects on which intern wants training and types of educational opportunities and styles. | Document outlining negotiation between farmer and intern outlining what they want out of internship and what farm can offer. |
| 10. Intern agreements/contracts include allotted time for discussion, questions and lectures. | Outlined in contract/agreement. |
| 11. Intern agreements/contracts include association with local or regional farming organizations. | Outlined in contract/agreement. |