Page 723 TITLE 29—LABOR § 1841

SUBCHAPTER IV—FURTHER PROTECTIONS

FOR MIGRANT AND SEASONAL AGRICULTURAL WORKERS

§ 1841. Motor vehicle safety

(a) Mode of transportation subject to coverage

(1) Except as provided in paragraph (2), this

section applies to the transportation of any migrant or seasonal agricultural worker.

(2) This section does not apply to the transportation of any migrant or seasonal agricultural

worker on a tractor, combine, harvester, picker,

or other similar machinery and equipment while

such worker is actually engaged in the planting,

cultivating, or harvesting of any agricultural

commodity or the care of livestock or poultry.

(b) Applicability of standards, licensing, and insurance requirements; promulgation of regulations for standards; criteria, etc., for regulations; amount of insurance required

(1) When using, or causing to be used, any vehicle for providing transportation to which this

section applies, each agricultural employer, agricultural association, and farm labor contractor shall—

(A) ensure that such vehicle conforms to the

standards prescribed by the Secretary under

paragraph (2) of this subsection and other applicable Federal and State safety standards,

(B) ensure that each driver has a valid and

appropriate license, as provided by State law,

to operate the vehicle, and

(C) have an insurance policy or a liability

bond that is in effect which insures the agricultural employer, the agricultural association, or the farm labor contractor against liability for damage to persons or property arising from the ownership, operation, or the

causing to be operated, of any vehicle used to

transport any migrant or seasonal agricultural worker.

(2)(A) For purposes of paragraph (1)(A), the

Secretary shall prescribe such regulations as

may be necessary to protect the health and safety of migrant and seasonal agricultural workers.

(B) To the extent consistent with the protection of the health and safety of migrant and seasonal agricultural workers, the Secretary shall,

in promulgating regulations under subparagraph

(A), consider, among other factors—

(i) the type of vehicle used,

(ii) the passenger capacity of the vehicle,

(iii) the distance which such workers will be

carried in the vehicle,

(iv) the type of roads and highways on which

such workers will be carried in the vehicle,

(v) the extent to which a proposed standard

would cause an undue burden on agricultural

employers, agricultural associations, or farm

labor contractors.

(C) Standards prescribed by the Secretary

under subparagraph (A) shall be in addition to,

and shall not supersede or modify, any standard

under part B of subtitle IV of title 49, or regulations issued thereunder, which is independently

applicable to transportation to which this section applies. A violation of any such standard

shall also constitute a violation under this chapter.

(D) In the event that the Secretary fails for

any reason to prescribe standards under subparagraph (A) by the effective date of this chapter, the standards prescribed under section 31502

of title 49, relating to the transportation of migrant workers, shall, for purposes of paragraph

(1)(A), be deemed to be the standards prescribed

by the Secretary under this paragraph, and

shall, as appropriate and reasonable in the circumstances, apply (i) without regard to the

mileage and boundary line limitations contained

in such section, and (ii) until superseded by

standards actually prescribed by the Secretary

in accordance with this paragraph.

(3) The level of insurance required under paragraph (1)(C) shall be determined by the Secretary considering at least the factors set forth

in paragraph (2)(B) and similar farmworker

transportation requirements under State law.

(c) Adjustments of insurance requirements in the

event of workers’ compensation coverage

If an agricultural employer, agricultural association, or farm labor contractor is the employer of any migrant or seasonal agricultural

worker for purposes of a State workers’ compensation law and such employer provides workers’ compensation coverage for such worker in

the case of bodily injury or death as provided by

such State law, the following adjustments in the

requirements of subsection (b)(1)(C) of this section relating to having an insurance policy or liability bond apply:

(1) No insurance policy or liability bond

shall be required of the employer, if such

workers are transported only under circumstances for which there is coverage under such

State law.

(2) An insurance policy or liability bond

shall be required of the employer for circumstances under which coverage for the transportation of such workers is not provided under

such State law.

(d) Time for promulgation of regulations for

standards implementing requirements; revision of standards

The Secretary shall, by regulations promulgated in accordance with section 1861 of this

title not later than the effective date of this

chapter, prescribe the standards required for the

purposes of implementing this section. Any subsequent revision of such standards shall also be

accomplished by regulation promulgated in accordance with such section.

(Pub. L. 97–470, title IV, §401, Jan. 14, 1983, 96

Stat. 2594; Pub. L. 104–49, §5(a), Nov. 15, 1995, 109

Stat. 434; Pub. L. 104–88, title III, §333, Dec. 29,

1995, 109 Stat. 953.)

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsecs. (b)(2)(D) and (d), is the effective date of Pub. L.

97–470, which is ninety days from the date of enactment

of Pub. L. 97–470, which was approved Jan. 14, 1983.

CODIFICATION

In subsec. (b)(2)(D), ‘‘section 31502 of title 49’’ substituted for ‘‘section 3102 of title 49’’ on authority of

Pub. L. 103–272, §§1(c), (e), 6(b), July 5, 1994, 108 Stat.

745, 862, 1029, 1378. Previously, ‘‘section 3102 of title 49’’

substituted for ‘‘section 204(a)(3a) of the Interstate
§ 1842 TITLE 29—LABOR Page 724

Commerce Act (49 U.S.C. 304(a)(3a))’’ on authority of

Pub. L. 97–449, §6(b), Jan. 12, 1983, 96 Stat. 2443, the first

section of which enacted subtitle I (§101 et seq.) and

chapter 31 (§3101 et seq.) of subtitle II of Title 49,

Transportation.

AMENDMENTS

1995—Subsec. (b)(2)(C). Pub. L. 104–88 substituted

‘‘part B of subtitle IV of title 49’’ for ‘‘part II of the

Interstate Commerce Act, or any successor provision of

subtitle IV of title 49’’.

Subsec. (b)(3). Pub. L. 104–49 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘The

level of the insurance required by paragraph (1)(C) shall

be at least the amount currently required for common

carriers of passengers under part II of the Interstate

Commerce Act, and any successor provision of subtitle

IV of title 49, and regulations prescribed thereunder.’’

EFFECTIVE DATE OF 1995 AMENDMENTS

Amendment by Pub. L. 104–88 effective Jan. 1, 1996,

see section 2 of Pub. L. 104–88, set out as an Effective

Date note under section 701 of Title 49, Transportation.

Section 5(c) of Pub. L. 104–49 provided that: ‘‘The

amendment made by subsection (a) [amending this section] takes effect upon the expiration of 180 days after

the date of enactment of this Act [Nov. 15, 1995] or upon

the issuance of final regulations under subsection (b)

[set out below], whichever occurs first.’’

REGULATIONS

Section 5(b) of Pub. L. 104–49 provided that: ‘‘Within

180 days of the date of the enactment of this Act [Nov.

15, 1995], the Secretary of Labor shall promulgate regulations establishing insurance levels under section

401(b)(3) of the Migrant and Seasonal Agricultural

Worker Protection Act (29 U.S.C. 1841(b)(3)) as amended

by subsection (a).’’ [Final regulations implementing

Pub. L. 104–49 were signed May 13, 1996, published May

16, 1996, 61 F.R. 24858, and effective the same day.]

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1812, 1854 of this

title.

§ 1842. Confirmation of registration

No person shall utilize the services of any

farm labor contractor to supply any migrant or

seasonal agricultural worker unless the person

first takes reasonable steps to determine that

the farm labor contractor possesses a certificate

of registration which is valid and which authorizes the activity for which the contractor is utilized. In making that determination, the person

may rely upon either possession of a certificate

of registration, or confirmation of such registration by the Department of Labor. The Secretary

shall maintain a central public registry of all

persons issued a certificate of registration.

(Pub. L. 97–470, title IV, §402, Jan. 14, 1983, 96

Stat. 2595.)

§ 1843. Information on employment conditions

Each farm labor contractor, without regard to

any other provisions of this chapter, shall obtain at each place of employment and make

available for inspection to every worker he furnishes for employment, a written statement of

the conditions of such employment as described

in sections 1821(b) and 1831(b) of this title.

(Pub. L. 97–470, title IV, §403, Jan. 14, 1983, 96

Stat. 2595.)

§ 1844. Compliance with written agreements

(a) Applicability to contracting activity or worker protection

No farm labor contractor shall violate, without justification, the terms of any written

agreements made with an agricultural employer

or an agricultural association pertaining to any

contracting activity or worker protection under

this chapter.

(b) Statutory liability

Written agreements under this section do not

relieve a person of any responsibility that such

person would otherwise have under this chapter.

(Pub. L. 97–470, title IV, §404, Jan. 14, 1983, 96

Stat. 2596.)

SUBCHAPTER V—GENERAL PROVISIONS

PART A—ENFORCEMENT PROVISIONS

§ 1851. Criminal sanctions

(a) Violations of chapter or regulations

Any person who willfully and knowingly violates this chapter or any regulation under this

chapter shall be fined not more than $1,000 or

sentenced to prison for a term not to exceed one

year, or both. Upon conviction for any subsequent violation of this chapter or any regulation

under this chapter, the defendant shall be fined

not more than $10,000 or sentenced to prison for

a term not to exceed three years, or both.

(b) Violations of section 1324a(a) of title 8

If a farm labor contractor who commits a violation of paragraph (1) or (2) of section 1324a(a)

of title 8 has been refused issuance or renewal

of, or has failed to obtain, a certificate of registration or is a farm labor contractor whose

certificate has been suspended or revoked, the

contractor shall, upon conviction, be fined not

more than $10,000 or sentenced to prison for a

term not to exceed three years, or both.

(Pub. L. 97–470, title V, §501, Jan. 14, 1983, 96

Stat. 2596; Pub. L. 99–603, title I, §101(b)(1)(D),

Nov. 6, 1986, 100 Stat. 3372.)

AMENDMENTS

1986—Subsec. (b). Pub. L. 99–603 substituted ‘‘paragraph (1) or (2) of section 1324a(a) of title 8’’ for ‘‘section 1816 of this title’’.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99–603 applicable to employment, recruitment, referral, or utilization of services of

an individual occurring on or after first day of seventh

month beginning after Nov. 6, 1986, see section 101(b)(2)

of Pub. L. 99–603, as amended, set out as a note under

section 1802 of this title.

§ 1852. Judicial enforcement

(a) Injunctive relief

The Secretary may petition any appropriate

district court of the United States for temporary or permanent injunctive relief if the Secretary determines that this chapter, or any regulation under this chapter, has been violated.

(b) Control of civil litigation

Except as provided in section 518(a) of title 28,

relating to litigation before the Supreme Court,