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Calendar No. 215

104TH CONGRESS

1ST SESSION H. R. 1715

IN THE SENATE OF THE UNITED STATES

OCTOBER 18, 1995

Received and read the first time

OCTOBER 23, 1995

Read the second time and placed on the calendar

AN ACT

Respecting the relationship between workers’ compensation

benefits and the benefits available under the Migrant

and Seasonal Agricultural Worker Protection Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. WORKERS’ COMPENSATION.

4 (a) AMENDMENTS.—
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1 (1) Section 325 of the Legislative Branch Ap2 propriations Act, 1993 (Public Law 102-392) is re3 pealed.

4 (2) Section 504(d) of the Migrant and Seasonal

5 Agricultural Worker Protection Act (29 U.S.C.

6 1854(d)) is amended to read as follows:

7 ‘‘(d)(1) Notwithstanding any other provision of this

8 Act, where a State workers’ compensation law is applicable

9 and coverage is provided for a migrant or seasonal agricul10 tural worker, the workers’ compensation benefits shall be

11 the exclusive remedy for loss of such worker under this

12 Act in the case of bodily injury or death in accordance

13 with such State’s workers’ compensation law.

14 ‘‘(2) The exclusive remedy prescribed by paragraph

15 (1) precludes the recovery under subsection (c) of actual

16 damages for loss from an injury or death but does not

17 preclude recovery under subsection (c) for statutory dam18 ages or equitable relief, except that such relief shall not

19 include back or front pay or in any manner, directly or

20 indirectly, expand or otherwise alter or affect (A) a recov21 ery under a State workers’ compensation law or (B) rights

22 conferred under a State workers’ compensation law.’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 subsection (a)(2) shall apply to all cases in which a final

25 judgment has not been entered.
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1 SEC. 2. EXPANSION OF STATUTORY DAMAGES.

2 (a) AMENDMENT.—Section 504 of the Migrant and

3 Seasonal Agricultural Worker Protection Act (29 U.S.C.

4 1854) is amended by adding after subsection (d) the fol5 lowing:

6 ‘‘(e) If the court finds in an action which is brought

7 by or for a worker under subsection (a) in which a claim

8 for actual damages is precluded because the worker’s in9 jury is covered by a State workers’ compensation law as

10 provided by subsection (d) that—

11 ‘‘(1)(A) the defendant in the action violated

12 section 401(b) by knowingly requiring or permitting

13 a driver to drive a vehicle for the transportation of

14 migrant or seasonal agricultural workers while under

15 the influence of alcohol or a controlled substance (as

16 defined in section 102 of the Controlled Substances

17 Act( 21 U.S.C. 802)) and the defendant had actual

18 knowledge of the driver’s condition, and

19 ‘‘(B) such violation resulted in injury to or

20 death of the migrant or seasonal worker by or for

21 whom the action was brought and such injury or

22 death arose out of and in the course of employment

23 as determined under the State workers’ compensa24 tion law,

25 ‘‘(2)(A) the defendant violated a safety stand26 ard prescribed by the Secretary under section 401(b)
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1 which the defendant was determined in a previous

2 judicial or administrative proceeding to have vio3 lated, and

4 ‘‘(B) such safety violation resulted in an injury

5 or death described in paragraph (1)(B),

6 ‘‘(3)(A)(i) the defendant willfully disabled or re7 moved a safety device prescribed by the Secretary

8 under section 401(b), or

9 ‘‘(ii) the defendant in conscious disregard of the

10 requirements of section 401(b) failed to provide a

11 safety device required under such section, and

12 ‘‘(B) such disablement, removal, or failure to

13 provide a safety device resulted in an injury or death

14 described in paragraph (1)(B), or

15 ‘‘(4)(A) the defendant violated a safety stand16 ard prescribed by the Secretary under section

17 401(b),

18 ‘‘(B) such safety violation resulted in an injury

19 or death described in paragraph (1)(B), and

20 ‘‘(C) the defendant at the time of the violation

21 of section 401(b) also was—

22 ‘‘(i) an unregistered farm labor contractor

23 in violation of section 101(a), or

24 ‘‘(ii) a person who utilized the services of

25 a farm labor contractor of the type specified in
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1 clause (i) without taking reasonable steps to de2 termine that the farm labor contractor pos3 sessed a valid certificate of registration author4 izing the performance of the farm labor con5 tracting activities which the contractor was re6 quested or permitted to perform with the

7 knowledge of such person,

8 the court shall award not more than $10,000 per plaintiff

9 per violation with respect to whom the court made the

10 finding described in paragraph (1), (2), (3), or (4), except

11 that multiple infractions of a single provision of this Act

12 shall constitute only one violation for purposes of deter13 mining the amount of statutory damages due to a plaintiff

14 under this subsection and in the case of a class action,

15 the court shall award not more than the lesser of up to

16 $10,000 per plaintiff or up to $500,000 for all plaintiffs

17 in such class action.’’.

18 (b) EFFECTIVE DATE.—The amendment made by

19 subsection (a) shall apply to all cases in which a final judg20 ment has not been entered.

21 SEC. 3. TOLLING OF STATUTE OF LIMITATIONS.

22 Section 504 of the Migrant and Seasonal Agricultural

23 Worker Protection Act (29 U.S.C. 1854), as amended by

24 section 2, is amended by adding after subsection (e) the

25 following:
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1 ‘‘(f) If it is determined under a State workers’ com2 pensation law that the workers’ compensation law is not

3 applicable to a claim for bodily injury or death of a mi4 grant or seasonal agricultural worker, the statute of limi5 tations for bringing an action for actual damages for such

6 injury or death under subsection (a) shall be tolled for

7 the period during which the claim for such injury or death

8 under such State workers’ compensation law was pending.

9 The statute of limitations for an action for other actual

10 damages, statutory damages, or equitable relief arising out

11 of the same transaction or occurrence as the injury or

12 death of the migrant or seasonal agricultural worker shall

13 be tolled for the period during which the claim for such

14 injury or death was pending under the State workers’

15 compensation law.’’.

16 SEC. 4. DISCLOSURE OF WORKERS’ COMPENSATION COV17 ERAGE.

18 (a) MIGRANT WORKERS.—Section 201(a) of the Mi19 grant and Seasonal Agricultural Worker Protection Act

20 (29 U.S.C. 1821(a)) is amended by striking ‘‘and’’ at the

21 end of paragraph (6), by striking the period at the end

22 of paragraph (7) and inserting ‘‘; and’’, and by adding

23 after paragraph (7) the following:

24 ‘‘(8) whether State workers’ compensation in25 surance is provided, and, if so, the name of the
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1 State workers’ compensation insurance carrier, the

2 name of the policyholder of such insurance, the

3 name and the telephone number of each person who

4 must be notified of an injury or death, and the time

5 period within which such notice must be given.

6 Compliance with the disclosure requirement of paragraph

7 (8) for a migrant agricultural worker may be met if such

8 worker is given a photocopy of any notice regarding work9 ers’ compensation insurance required by law of the State

10 in which such worker is employed. Such worker shall be

11 given such disclosure regarding workers’ compensation at

12 the time of recruitment or if sufficient information is un13 available at that time, at the earliest practicable time but

14 in no event later than the commencement of work.’’.

15 (b) SEASONAL WORKERS.—Section 301(a)(1) of the

16 Migrant and Seasonal Agricultural Worker Protection Act

17 (29 U.S.C. 1831(a)(1)) is amended by striking ‘‘and’’ at

18 the end of subparagraph (F), by striking the period at

19 the end of subparagraph (G) and inserting ‘‘; and’’, and

20 by adding after subparagraph (G) the following:

21 ‘‘(H) whether State workers’ compensation in22 surance is provided, and, if so, the name of the

23 State workers’ compensation insurance carrier, the

24 name of the policyholder of such insurance, the

25 name and the telephone number of each person who
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1 must be notified of an injury or death, and the time

2 period within which such notice must be given.

3 Compliance with the disclosure requirement of subpara4 graph (H) may be met if such worker is given, upon re5 quest, a photocopy of any notice regarding workers’ com6 pensation insurance required by law of the State in which

7 such worker is employed.’’.

8 (c) EFFECTIVE DATE.—The amendments made by

9 subsections (a) and (b) shall take effect upon the expira10 tion of 90 days after the date final regulations are issued

11 by the Secretary of Labor to implement such amendments.

12 SEC. 5. LIABILITY INSURANCE.

13 (a) AMENDMENT.—Section 401(b)(3) of the Migrant

14 and Seasonal Agricultural Worker Protection Act (29

15 U.S.C. 1841(b)(3)) is amended to read as follows:

16 ‘‘(3) The level of insurance required under paragraph

17 (1)(C) shall be determined by the Secretary considering

18 at least the factors set forth in paragraph (2)(B) and simi19 lar farmworker transportation requirements under State

20 law.’’.

21 (b) REGULATIONS.—Within 180 days of the date of

22 the enactment of this Act, the Secretary of Labor shall

23 promulgate regulations establishing insurance levels under

24 section 401(b)(3) of the Migrant and Seasonal Agricul-
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1 tural Worker Protection Act (29 U.S.C. 1841(b)(3)) as

2 amended by subsection (a).

3 (c) EFFECTIVE DATE.—The amendment made by

4 subsection (a) takes effect upon the expiration of 180 days

5 after the date of enactment of this Act or upon the issu6 ance of final regulations under subsection (b), whichever

7 occurs first.

Passed the House of Representatives October 17,

1995.

Attest: ROBIN H. CARLE,

Clerk.
Calendar No. 215

104TH CONGRESS

1ST SESSION H. R. 1715

AN ACT

Respecting the relationship between workers’ comWorker Protection Act. under the Migrant and Seasonal Agricultural pensation benefits and the benefits available

OCTOBER 23, 1995

Read the second time and placed on the calendar