II
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. WORKERS’ COMPENSATION.
(a) AMENDMENTS.—
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(1) Section 325 of the Legislative Branch Ap-
propriations Act, 1993 (Public Law 102-392) is re-
pealed.
(2) Section 504(d) of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C.
1854(d)) is amended to read as follows:
‘‘(d)(1) Notwithstanding any other provision of this
Act, where a State workers’ compensation law is applicable
and coverage is provided for a migrant or seasonal agricul-
tural worker, the workers’ compensation benefits shall be
the exclusive remedy for loss of such worker under this
Act in the case of bodily injury or death in accordance
with such State’s workers’ compensation law.
‘‘(2) The exclusive remedy prescribed by paragraph
(1) precludes the recovery under subsection (c) of actual
damages for loss from an injury or death but does not
preclude recovery under subsection (c) for statutory dam-
ages or equitable relief, except that such relief shall not
include back or front pay or in any manner, directly or
indirectly, expand or otherwise alter or affect (A) a recov-
ery under a State workers’ compensation law or (B) rights
conferred under a State workers’ compensation law.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a)(2) shall apply to all cases in which a final
judgment has not been entered.
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SEC. 2. EXPANSION OF STATUTORY DAMAGES.
(a) AMENDMENT.—Section 504 of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C.
1854) is amended by adding after subsection (d) the fol-
lowing:
‘‘(e) If the court finds in an action which is brought
by or for a worker under subsection (a) in which a claim
for actual damages is precluded because the worker’s in-
jury is covered by a State workers’ compensation law as
provided by subsection (d) that—
‘‘(1)(A) the defendant in the action violated
section 401(b) by knowingly requiring or permitting
a driver to drive a vehicle for the transportation of
migrant or seasonal agricultural workers while under
the influence of alcohol or a controlled substance (as
defined in section 102 of the Controlled Substances
Act( 21 U.S.C. 802)) and the defendant had actual
knowledge of the driver’s condition, and
‘‘(B) such violation resulted in injury to or
death of the migrant or seasonal worker by or for
whom the action was brought and such injury or
death arose out of and in the course of employment
as determined under the State workers’ compensa-
tion law,
‘‘(2)(A) the defendant violated a safety stand-
ard prescribed by the Secretary under section 401(b)
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which the defendant was determined in a previous
judicial or administrative proceeding to have vio-
lated, and
‘‘(B) such safety violation resulted in an injury
or death described in paragraph (1)(B),
‘‘(3)(A)(i) the defendant willfully disabled or re-
moved a safety device prescribed by the Secretary
under section 401(b), or
‘‘(ii) the defendant in conscious disregard of the
requirements of section 401(b) failed to provide a
safety device required under such section, and
‘‘(B) such disablement, removal, or failure to
provide a safety device resulted in an injury or death
described in paragraph (1)(B), or
‘‘(4)(A) the defendant violated a safety stand-
ard prescribed by the Secretary under section
401(b),
‘‘(B) such safety violation resulted in an injury
or death described in paragraph (1)(B), and
‘‘(C) the defendant at the time of the violation
of section 401(b) also was—
‘‘(i) an unregistered farm labor contractor
in violation of section 101(a), or
‘‘(ii) a person who utilized the services of
a farm labor contractor of the type specified in
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clause (i) without taking reasonable steps to de-
termine that the farm labor contractor pos-
sessed a valid certificate of registration author-
izing the performance of the farm labor con-
tracting activities which the contractor was re-
quested or permitted to perform with the
knowledge of such person,
the court shall award not more than $10,000 per plaintiff
per violation with respect to whom the court made the
finding described in paragraph (1), (2), (3), or (4), except
that multiple infractions of a single provision of this Act
shall constitute only one violation for purposes of deter-
mining the amount of statutory damages due to a plaintiff
under this subsection and in the case of a class action,
the court shall award not more than the lesser of up to
$10,000 per plaintiff or up to $500,000 for all plaintiffs
in such class action.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to all cases in which a final judg-
ment has not been entered.
SEC. 3. TOLLING OF STATUTE OF LIMITATIONS.
Section 504 of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1854), as amended by
section 2, is amended by adding after subsection (e) the
following:
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‘‘(f) If it is determined under a State workers’ com-
pensation law that the workers’ compensation law is not
applicable to a claim for bodily injury or death of a mi-
grant or seasonal agricultural worker, the statute of limi-
tations for bringing an action for actual damages for such
injury or death under subsection (a) shall be tolled for
the period during which the claim for such injury or death
under such State workers’ compensation law was pending.
The statute of limitations for an action for other actual
damages, statutory damages, or equitable relief arising out
of the same transaction or occurrence as the injury or
death of the migrant or seasonal agricultural worker shall
be tolled for the period during which the claim for such
injury or death was pending under the State workers’
compensation law.’’.
SEC. 4. DISCLOSURE OF WORKERS’ COMPENSATION COV-
ERAGE.
(a) MIGRANT WORKERS.—Section 201(a) of the Mi-
grant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1821(a)) is amended by striking ‘‘and’’ at the
end of paragraph (6), by striking the period at the end
of paragraph (7) and inserting ‘‘; and’’, and by adding
after paragraph (7) the following:
‘‘(8) whether State workers’ compensation in-
surance is provided, and, if so, the name of the
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must be notified of an injury or death, and the time
period within which such notice must be given.
Compliance with the disclosure requirement of subpara-
graph (H) may be met if such worker is given, upon re-
quest, a photocopy of any notice regarding workers’ com-
pensation insurance required by law of the State in which
such worker is employed.’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall take effect upon the expira-
tion of 90 days after the date final regulations are issued
by the Secretary of Labor to implement such amendments.
SEC. 5. LIABILITY INSURANCE.
(a) AMENDMENT.—Section 401(b)(3) of the Migrant
and Seasonal Agricultural Worker Protection Act (29
U.S.C. 1841(b)(3)) is amended to read as follows:
‘‘(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 simi-
lar farmworker transportation requirements under State
law.’’.
(b) REGULATIONS.—Within 180 days of the date of
the enactment of this Act, the Secretary of Labor shall
promulgate regulations establishing insurance levels under
section 401(b)(3) of the Migrant and Seasonal Agricul-
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tural Worker Protection Act (29 U.S.C. 1841(b)(3)) as
amended by subsection (a).
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) takes effect upon the expiration of 180 days
after the date of enactment of this Act or upon the issu-
ance of final regulations under subsection (b), whichever
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’ com-
pensation benefits and the benefits available
under the Migrant and Seasonal Agricultural
Worker Protection Act.
OCTOBER 23, 1995
Read the second time and placed on the calendar