An Act To Promote Safety and Fair Labor Practices for Forestry Workers
Maine Legislature, Session 121, LD 1380
Committee: Labor
Sponsors: FAIRCLOTH, EDMONDS, HATCH, HUTTON, JACKSON, PATRICK, SMITH, STANLEY

Legislative Document 
No. 1380 
H.P.1015 
House of Representatives, March 18,2003 
An Act To Promote Safety and Fair Labor Practices for Forestry 
Workers 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative FAIRCLOTH of Bangor. 
Cosponsored by Senator EDMONDS of Cumberland and 
/J(~/J7.11/~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: HATCH of Skowhegan, HUTTON of Bowdoinham, JACKSON of Fort Kent, 
PATRICK of Rumford, SMITH of Van Buren, Senator: STANLEY of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec.i. 26 MRSA c. 7, sub-c. 2-A is enacted to read: 
SUBCHAPTER 2-A 
EMPLOXMElf,t STARDARJ)S IN THE FORESTRY INDUSTRY 
§641. 
Rule of construction 
This subchapter must be liberally construed in light of the 
purposes 
of 
the 
law 
to 
ensure 
safe 
working 
and 
living 
environments 
and transportation for forestry workers 
and 
to 
prevent unfair competition in the marketplace by businesses whose 
practices would undermine safety and other employment standards. 
§642. Definition& 
As 
used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings: 
1. 
Code 
of 
Federal 
Regulations. 
"Code 
of 
Federal 
Regulations" means the Code of Federal Regulations as of January 
1, 2003. 
2. 
Foresta worker. 
"Forestry worker" or "worker" means a 
person employed on 
a 
temporary or seasonal basis to perform 
reforestation 
actiyities, 
including, 
but 
not 
limited 
to, 
precommercial thinning, tree planting, brush clearing, herbaceous 
weed control and all related activities. 
3. 
Elgployer. 
"Employer" includes: 
A. 
A person or entity that directly or indirectly recruits, 
solicits, 
hires, 
employs, 
furnishes 
or 
transports 
any 
forestry worker; 
B. 
A person or entity that directly or indirectly employs 
any forestry worker or that directly or indirectly suffers 
or permits any forestry worker to work; 
C. A person or entity that owns, leases or manages land on 
which any forestry worker is employed by any employer; and 
D. 
A person or entity that enters into a contractual or 
other business relationship with any other person or entity 
regarding or resulting in the employment of any forestry 
worker. 
Page l-LR0266(1) 
"Employer" does not include a retailer, restaurant 
provider of 
personal services or any other similar person or entity that 
indirectly benefits from the employment of forestry workers. 
The terms contained in paragraph A must be given the Same meaning 
as under the Migrant and Seasonal Agricultural Worker Protection 
Act, 29 United States Code, Section 1801, et se~. Decisions under 
that Act interpreting such terms are entitled to substantial 
deference. 
The terms contained in paragraph B must be given the Same meaning 
as under the Fair Labor Standards Act of 1938, 29 United States 
Code, Section 201, et se~. and the child labor laws from which 
the 
term "suffer or permit" is drawn. 
Decisions under 
the 
federal Fair Labor Standards Act and under appropriate child 
labor laws interpreting such terms are entitled to substantial 
deference. 
4. 
Permanent residence. 
"Permanent residence" has the same 
meaning as provided in 29 Code of Federal Regulations, Section 
SOO.20(p)(2). 
§643. 
Transportation of workers 
1. 
Requirement. 
The 
employer 
must 
provide 
safe 
transportation for forestry workers between the worker's home and 
the work site each day at no cost to the worker. 
A. 
The vehicle used to transport workers must meet the 
standards set forth in 29 
Code 
of Federal Regulations, 
Section 500.105, regardless of the number of miles traveled 
or the type of vehicle used, and must include a working seat 
belt for each worker being transported. 
Any vehicle used to 
transport 
forestry 
workers 
may 
not 
have 
any 
apparatus 
attached ta the rear of the vehicle that interferes with the 
operation 
of 
the 
rear 
door. 
E~uipment or 
any 
other 
materials may not be attached to or stored in the vehicle 
that interferes with the operation of any doors or windows. 
No 
vehicle other than a 
bus used to transport forestry 
workers shall have more than 10 passengers, including the 
driver. 
B. 
Any person driving the vehicle must meet the driver 
~ualifications and must follow the standards for driving set 
forth in 29 Code of Federal Regulations, Section 500.105. 
C. 
Each vehicle must be e~uipped with first aid e~uipment, 
a radio and a satellite telephone that enables the workers 
to contact the employer and emergency services if needed. 
A 
vehicle 
e~uil?ped with such equipment and a driver must be 
available at or near the worksite at all times during the 
workday. 
D. 
A driver may not drive for more than 60 minutes on a 
work day, unless driving and tasks other than precommercial 
thinning, tree planting, brush clearing or herbaceous weed 
control are the only work performed by that driver on that 
work day. 
Hours of operation must also comply with the 
limitations set forth in 29 
Code of Federal Regulations, 
Section 500.105. 
E. 
The vehicle used to transport workers must be insured 
for at least the amounts required by 29 Code of Federal 
Regulations, 
Section 
500,12Hb), 
except 
that 
no 
such 
insurance is 
required if the 
employer 
carries workers' 
compensation insurance pursuant to Title 39-A, the vehicle 
is used to transport workers only in circumstances to which 
Title 39-A applies and the vehicle is also insured against 
property damage in at least the amount required by 29 Code 
of Federal Regulations, Section 500,l23(a), 
If the employer 
carries workers' 
compensation insurance pursuant to Title 
39-A but the vehicle is used to transport workers in some 
circumstances 
to 
which Title 
39-A 
does 
not 
apply, 
the 
vehicle must be insured for at least the amounts required by 
Code of Federal Regulations, Section 500.l2Hb) for all 
circumstances in which Title 39-A does not apply, 
2. 
Rules. 
The bureau shall adopt rules relating to safe 
transportation of forestry workers, 
The rules must incorporate 
the 
provisions 
set 
forth 
in 
this 
section, 
provide 
for 
establishment of 
appropriate 
speed limits 
applicable 
to 
any 
private road on which forestry workers travel and require posting 
of the speed limit on such pr ivate roads, 
In adopting rules 
regarding speed limits the bureau may consult as appropriate with 
the Department of Transportation, 
Rules adopted pursuant to this 
section are major 
SUbstantive rules 
as 
defined in Title 
5, 
chapter 375, subchapter 2-A and must be provisionally adopted and 
submitted to the Legislature for review not later than January 5, 
2004, 
§644. 
Housing for workers 
1. 
EmplQyer 
shall offer 
hQusing. 
The 
employer 
of 
a 
forestry worker shall offer to provide housing within 25 miles of 
the work site to any forestry worker whose permanent residence is 
more than 50 miles from the work site, 
The· housing must be 
provided at no cost to the worker, 
2. 
HQusing standards. 
The housing offered under subsection 
must meet the standards set forth in regulations adopted by the 
Occupational Safety and Health Administration for temporary labor 
CamPS, 
Code of Federal Regulations, Section 1910.142. 
In 
addition to such standards, each separate structure offered under 
subsection 1 must have at least one clothes washing machine and 
one clothes drying machine. 
3. 
Marker not required to reside in housing. 
The employer 
may not require a forestry worker to reside in housing provided 
by the employer pursuant to this section. 
If the worker refuses 
an offer to reside in employer provided housing that meets the 
standards set forth in subsections 1 and 2, the employer may 
require the worker to provide the worker's own transportation to 
the work site or the employer-provided housing, whichever is 
closer to the location of the nonemployer-provided housing in 
which the worker lives. 
4. 
Transportation to town. 
For a forestry worker residing 
in housing provided by the employer pursuant to this section, the 
employer shall make available transportation on at least a weekly 
basis to a 
town sufficient in size to allow the worker the 
opportunity to purchase 
food, 
clothing, toiletries and other 
items. 
to do laundry and banking and to send money by wire 
service. 
The transportation is subject to the protections set 
forth in section 643, must be provided at no cost to the worker 
and must be offered at reasonable times 
and with reasonable 
notice to the worker. 
The employer must not have a financial 
interest in any retail establishment to which the worker is 
taken, and the employer must not derive financial benefit from 
any transaction between the worker and the retail establishment. 
5. 
Prohibition against unfair prices. 
A person may not 
sell to any forestry worker who 
resides in employer-provided 
housing pursuant to this section any article, item, 
good or 
service at a price that results in an unjust or unreasonable 
profit. 
A. 
This subsection may be enforced by the Attorney General, 
who in the event of an alleged or seeming violation of this 
subsection is authorized to exercise all the investigative 
powers prOvided in Title 10, section 1107 for violations of 
Title 10, sections 1105 and 1106. 
B. 
The Attorney General is also authorized to seek, for 
violations of this subsection, all of the remedies provided 
in Title 10, 
section 1107 
for violations of Title 10, 
sections 1105 and 1106. 
C. 
This subsection may also be enforced by means of an 
action pursuant to section 648, subsection 4. 
6. 
Access for visitors. 
The employer shall ensure that any 
forestry worker residing in employer-provided housing pursuant to 
this section has the right to receive visitors as guaranteed by 
the Maine Supreme Judicial Court in State V. DeCoster, 653 A. 2d 
(Me. 
1995) by ensuring that visitors have access to any 
roadway that is reasonably used to reach such housing. 
1. 
Telephone 
access. 
The 
employer 
shall 
ensure 
that 
forestry 
workers 
residing 
in 
employer-provided 
housing 
have 
access to a telephone for personal calls. 
The employer is not 
responsible for the costs of personal calls made by the workers. 
§645. 
E~nses not re&ponsibility of workers 
1. 
Eqpipment and supplies provided at emplQyer expense. 
An 
employer may not require a forestry worker to provide or pay for 
equipment 
or 
supplies 
necessary 
to 
the 
worker's 
duties, 
including, but not limited to, protective gear and clothing, 
sharpening tools, brush saws and other tools or machinery used to 
perform reforestation activities and the gasoline, oil and other 
items necessary to operate such machinery. 
2. 
Recoqpment from worker prohibited. 
An employer may not 
take any action, including, but not limited to, lowering any wage 
or 
piece 
rate paid 
to 
a 
forestry 
worker, 
to 
directly or 
indirectly secure, procure, obtain, recover or recoup from any 
forestry worker any of the costs or expenses that must be paid by 
employers pursuant to this subchapter, including, but not limited 
to, 
the costs 
of housing, 
transportation 
and 
equipment 
and 
supplies. 
3. 
Worker 
Ift~ negotiate 
certain equipment 
use. 
This 
section does not prevent a forestry worker who owns a brush saw 
from 
voluntarily 
negotiating, 
at 
the 
worker's 
option, 
an 
arrangement with the employer whereby the employer reimburses the 
worker at a reasonable rate for the use of the worker's saw. 
§646. 
Prohibition against discrimination and retaliation 
An employer or other person may not intimidate, threaten, 
restrain, coerce, blacklist. discharge, fail to recruit. fail to 
rehire or in any manner discriminate or retaliate against a 
forestry worker because the worker has: 
1. 
Proceedings. 
Made, 
filed, 
instituted, 
caused to be 
instituted or participated in any way in any proceeding under or 
related to this subchapter: 
2. 
ElI::ercise of rights or protections. 
Exercised in any 
way, on the worker's own behalf or on behalf of others, any right 
or protection afforded by this subchapter; 
3. 
Discussions. 
Discussed any matter that is a subject of 
or is related in any way to this subchapter, or any other lawful 
matter, with any other person, including, but not limited to, 
that forestry worker's 
employer 
or 
the 
employer's 
agent 
or 
employee; or 
4. Complaints. 
Has made, filed, insti tuted, caused to be 
instituted or participated in any way in any lawful complaint, 
lawsuit or other proceeding of any kind. 
§647. 
Waiver of rights prohibited 
Any agreement by a forestry worker purporting to waive or 
modify any of the worker's rights under this subchapter is void 
as contrary to public policy. 
§648. 
Violations; 
enforcement 
Actions 
to 
enforce 
this 
subchapter 
may 
be 
brought 
in 
accordance with this section. 
1. 
Joint and several liability. 
If more than one person or 
enti ty is an employer of the same forestry worker or group of 
workers, each such person or entity is jointly and severally 
liable for all violations of this subchapter. 
2. 
Department inspection and enforCement. 
The Department 
of Labor is authorized to inspect the vehicles used to transport 
forestry workers pursuant to section 643 and the housing provided 
to 
forestry 
workers 
pursuant 
to 
section 
644, 
to 
monitor 
compliance with other 
prov~s~ons of this subchapter 
and 
any 
regulations 
under 
this 
subchapter, 
to 
report 
any 
suspected 
violation of federal safety or health standards to the agency 
responsible 
for 
enforcing 
those 
standards, 
to 
undertake 
enforcement 
action pursuant 
to 
subsection 
with 
regard 
to 
violations of this subchapter or any rules adopted pursuant to 
this subchapter and to report to the Attorney General violations 
of 
this 
subchapter 
or 
any 
rules 
adopted 
pursuant 
to 
this 
subchapter. 
3. 
Civil violation. 
An 
employer 
or 
other 
person 
who 
violates this subchapter or any of the rules adopted under this 
subchapter commits a civil violation for which a fine of not less 
than 
$200 
nor 
more 
than 
$2,500 
for 
each violation 
may 
be 
adjudged. 
If it is determined that the circumstances described 
in subsection 4, paragraph B are present, a fine of not less than 
$1,000 nor more than $50,000 for each violation may be adjudged. 
A. 
Each day that a violation of section 643, 644, 645 or 
or rules adopted pursuant to those sections remains 
uncorrected following notice to the employer or other person 
may be counted as a separate violation. 
B. 
The bureau may direct an employer or other person to 
correct any violations in a manner and within a time frame 
that the bureau determines appropriate to ensure compliance 
with this subchapter, with the rules adopted under this 
subchapter or to protect the public health. 
Failure to 
correct violations within a time frame established by the 
bureau constitutes a separate violation subject to fine. 
c. 
The 
Attorney 
General 
may 
bring 
an 
action 
seeking 
forfeitures under this subsection, to enjoin violations of 
this subchapter and for any other available remedy. 
4. 
Private right of action. 
A person aggrieved by 
a 
violation 
of 
this 
subchapter 
or 
any 
regulation 
under 
this 
subchapter by an employer or other person or entity may file suit 
in any court of this State having jurisdiction over the parties, 
without regard to exhaustion of administrative remedies that may 
exist. 
A. 
If the court finds that an employer or other person has 
violated a provision of this subchapter or any rule adopted 
pursuant to this subchapter, the court shall award damages 
up to and including an amount equal to the actual damages or 
statutory 
damages 
of 
up 
to 
$2,500 
per 
plaintiff 
per 
violation, 
equitable 
relief 
as 
appropriate, 
costs 
and 
reasonable 
attorney's 
fees 
to 
the 
aggrieved 
person 
or 
persons. 
B. 
Notwithstanding paragraph A or C, the court shall award 
statutory 
damages 
of 
up 
to 
$50,000 
per 
plaintiff 
per 
violation if the court finds that: 
(1) 
The defendant knowingly required or permitted a 
driver 
to 
drive 
a 
vehicle 
used 
to 
transport 
any 
forestry worker while under the influence of alcohol or 
any substance listed in Title 17 -A, section 1102, the 
defendant 
had 
actual 
knowledge 
of 
the 
driver's 
condition and, 
as 
a 
result of the driver's driving 
while 
under 
the 
influence, 
the 
forestry 
worker 
represented 
in 
the 
action 
under 
this 
subsection 
suffered bodily injury or death: 
( 2) The defendant violated any of the safety standards 
referenced in section 
643. 
the 
defendant 
had 
been 
determined in a 
previous judicial or administrative 
proceeding 
to 
have 
violated 
any 
of 
those 
safety 
standards and. as a result of such a violation. the 
forestry worker represented in the action under this 
subsection suffered bodily injury or death; or 
(3) The defendant intentionally or knowingly disabled 
or 
removed a 
safety device required by any of the 
safety 
standards 
referenced 
in 
section 
or 
in 
conscious disregard of the requirements of that section 
failed to provide a safety device required by any of 
the 
safety 
standards. 
and. 
as 
a 
result 
of 
the 
disablement. 
removal or failure to provide a safety 
device, the forestry worker represented in the action 
under this subsection suffered bodily injury or death. 
C. Notwithstanding paragraph A. if a worker is entitled to 
receive benefits under Title 39-A for lost wages. medical 
expenses or death benefits. Title 39-A is the exclusive 
remedy 
for 
those 
losses 
and 
those 
losses 
may 
not 
be 
recovered under this subchapter. 
This paragraph does not 
preclude recovery of statutory damages or eg;uitable relief 
under paragraph A or B as long as the recovery or relief 
does not directly or indirectly expand. alter or affect 
rights or recovery under Title 39-A. 
(1) 
If it is determined in any proceeding brought 
under Title 39-A. or in any judicial review of that 
proceeding. that Title 39-A does not apply to a claim 
for lost wages. bodily injury or death brought under 
Title 
39-A 
by 
a 
forestry 
worker. 
the 
statute 
of 
limitations 
for 
bringing 
an 
action 
under 
this 
subchapter 
for 
actual 
damages 
for 
the 
lost wages. 
bodily injury or death is tolled for the period during 
which 
the claim under Title 
39-A 
and 
any 
judicial 
review of that claim were pending. 
(2) The statute of limitations for an action under this 
subchapter for other actual damages. statutory damages 
or equitable relief arising out of the same transaction 
or occurrence as 
the injury or death that was 
the 
subject of the claim under Title 39-A is also tolled 
for the period during which the claim under Title 39 A 
and any judicial review of that claim were pending. 
SUMMARY 
This bill enacts provisions to protect forestry workers from 
unsafe, unhealthy or unfair working conditions. 
The bill applies 
to workers engaged on a temporary or seasonal basis to perform 
reforestation activities, such as clearing brush and thinning and 
planting trees. 
The bill defines "employer" to ensure that all persons and 
entities that directly benefit 
from 
the 
labor 
performed 
by 
forestry workers are simultaneously and jointly responsible for 
the decent treatment of workers. 
The current practice of using 
contracting and subcontracting mechanisms can have the effect of 
causing some business owners and managers to avoid responsibility 
for the treatment of the workers in their business operations. 
That lack of responsibility can lead to substandard conditions 
that harm workers and also result in unfair competition for the 
businesses that 
do 
pay 
the 
costs 
associated with 
accepting 
responsibility for complying with labor laws. 
The definition of 
"employer" in this bill prevents the shifting of responsibility 
for fair treatment. 
The bill requires 
protective clothing and 
perform the work. 
the 
employer 
to provide 
gear 
and the 
equipment 
and pay for 
necessary to 
The 
bill 
also 
requires 
employers 
to 
provide 
safe 
transportation to the work site, at no cost to the worker, and 
requires that the transportation meet the standards provided in 
the federal Migrant and Seasonal Agricultural Worker Protection 
Act. 
It provides additional standards, including a requirement 
for 
seat belts, 
first aid kits 
and 
emergency 
communication 
equipment. 
It limits the amount of time a worker can drive and 
prohibits use of vehicles, other than buses, that carry more than 
persons. 
It requires a certain level of insurance coverage. 
The bill also requires employers to offer housing near the 
work site to any forestry worker whose permanent residence is 
more than 50 miles from the work site. 
It prohibits the employer 
or any other person from selling goods or services to workers in 
employer-provided housing 
for 
an 
amount 
that constitutes 
an 
unjust or unreasonable profit. 
The bill requires the employer to 
ensure that workers residing in employer-provided housing have 
the right to receive visitors and that visitors have access to 
roadways used to reach the housing. 
The decision in State v. 
DeCoster, 
A.2d 891 
(Me. 
1995), 
makes it clear that farm 
workers 
who 
live in employer-provided housing are considered 
tenants under Maine law and have the same rights as all other 
tenants 
to 
invite 
and 
receive visitors. 
This bill is 
not 
intended to modify or affect the court's decision in State v. 
DeCoster in any way, but is rather intended to ensure that access 
is guaranteed even though visitors must utilize private roadways, 
which may be owned by entities other than 
the housing provided to forestry workers 
order to travel to such housing. 
the entities that 
under this bill, 
own 
in 
The 
bill 
prohibits 
any 
person 
from 
discriminating 
or 
retaliating against 
any 
person 
who 
exercises 
the 
rights 
or 
protections provided by the new law or who files a complaint or 
participates in a proceeding under the law. 
Persons who violate the law are subject to civil penalties 
of 
up 
to 
$2,500 per violation, 
enforceable by the Attorney 
General. 
That amount increases to $50,000 for certain egregious 
violations that result in a worker's bodily injury or death. 
The 
bill also provides 
a 
private right of action for 
aggrieved 
persons and declares void any attempt to waive or modify the 
workers' rights under the law. 
All persons who are considered 
employers of 
a 
worker 
are jointly and severally liable for 
violations of the law.