Testing of Temporary Workers’ Skills

The Department of Labor shall, on a random basis, test the skills of non-immigrant temporary workers to make certain that they have the skills set out in their labor certification applications.

(a)When a non-immigrant temporary worker is found in such random testing to be unskilled, all such temporary workers of such worker’s employer shall be tested and disqualified as necessary.

(b)The Department of Labor may, if probable cause exists that unqualified non-immigrant temporary workers are employed by a particular employer, test any or all the non-immigrant temporary workers of that particular employer.

(c)Where such tests demonstrate a significant lack of the skills they should possess the Department of Labor shall disqualify such employees from further employment on Guam and shall treat such employees’ employers as being in violation of this Chapter, unless

(1)the employer has reported the deficiency to the Department of Labor and

(2)has committed no other violation of this Chapter or any other Guam or Federal labor law.

(d)The Director of Labor shall, pursuant to the Administrative Adjudication Law, promulgate all necessary rules and regulation to govern the methods of testing for skills, the languages in which such tests shall be given, and such other matters as are appropriate to such testing program.