H. R. 1715
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. WORKERS’ COMPENSATION.
(a) AMENDMENTS.—
(1) Section 325 of the Legislative Branch Appropriations
Act, 1993 (Public Law 102-392) is repealed.
(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 agricultural 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 damages 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 recovery
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.
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 following:
‘‘(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 injury 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 work-
ers while under the influence of alcohol or a controlled sub-
stance (as defined in section 102 of the Controlled Substances
H. R. 1715—2
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’
compensation law,
‘‘(2)(A) the defendant violated a safety standard prescribed
by the Secretary under section 401(b) which the defendant
was determined in a previous judicial or administrative proceed-
ing to have violated, and
‘‘(B) such safety violation resulted in an injury or death
described in paragraph (1)(B),
‘‘(3)(A)(i) the defendant willfully disabled or removed a
safety device prescribed by the Secretary under section 401(b),
or
‘‘(ii) the defendant in conscious disregard of the require-
ments 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 para-
graph (1)(B), or
‘‘(4)(A) the defendant violated a safety standard 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 clause (i) without taking
reasonable steps to determine that the farm labor contrac-
tor possessed a valid certificate of registration authorizing
the performance of the farm labor contracting activities
which the contractor was requested 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 determining 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 judgment 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 amend-
ed by adding after subsection (e) the following:
‘‘(f) If it is determined under a State workers’ compensation
law that the workers’ compensation law is not applicable to a
claim for bodily injury or death of a migrant or seasonal agricultural
H. R. 1715—3
worker, the statute of limitations 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 trans-
action 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 COVERAGE.
(a) MIGRANT WORKERS.—Section 201(a) of the Migrant 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 insurance is pro-
vided, and, if so, the name of the State workers’ compensation
insurance carrier, the name of the policyholder of such insur-
ance, the name and the telephone number of each person who
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 paragraph (8) for
a migrant agricultural worker may be met if such worker is given
a photocopy of any notice regarding workers’ compensation insur-
ance required by law of the State in which such worker is employed.
Such worker shall be given such disclosure regarding workers’
compensation at the time of recruitment or if sufficient information
is unavailable at that time, at the earliest practicable time but
in no event later than the commencement of work.’’.
(b) SEASONAL WORKERS.—Section 301(a)(1) of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1831(a)(1))
is amended by striking ‘‘and’’ at the end of subparagraph (F),
by striking the period at the end of subparagraph (G) and inserting
‘‘; and’’, and by adding after subparagraph (G) the following:
‘‘(H) whether State workers’ compensation insurance is pro-
vided, and, if so, the name of the State workers’ compensation
insurance carrier, the name of the policyholder of such insur-
ance, the name and the telephone number of each person who
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 subparagraph (H)
may be met if such worker is given, upon request, a photocopy
of any notice regarding workers’ compensation 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 expiration 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 amend-
ed 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
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set forth in paragraph (2)(B) and similar farmworker transportation
requirements under State law.’’.
(b) REGULATIONS.—Within 180 days of the date of the enact-
ment of this Act, the Secretary of Labor shall promulgate regula-
tions 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).
(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 issuance of final regulations
under subsection (b), whichever occurs first.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.