An Act To Enhance the Safety of Forestry Workers and Contracted Farm Workers
Maine Legislature, Session 124, LD 0154
Committee: Labor
Sponsors: BLODGETT, JACKSON
Amends: 26 MRSA §641, 26 MRSA §642, 26 MRSA §643, 26 MRSA §644, 26 MRSA §645, 26 MRSA §646

Legislative Document 
No. 154 
H.P. 133 
House of Representatives, January 15, 2009 
An Act To Enhance the Safety of Forestry Workers and Contracted 
Farm Workers 
Submitted by the Department of Labor pursuant to Joint Rule 204. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative BLODGETT of Augusta. 
Cosponsored by Senator: JACKSON of Aroostook. 
PrilllL'J 1111 n':l.:~ckd papt.'1' 
fititv~ 111· 1l!tU;:fn .. &/lVY{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec.!. 26 MRSA §641, as enacted by PL 2003, c. 616, §1, is amended to read: 
§641. Rule of construction 
This subchapter must be liberally construed in light of the purposes of the law to 
ensure a safe working environment and safe transportation for forestry workers and 
migrant and seasonal farm workers and to prevent unfair competition in the marketplace 
by businesses whose practices would undermine safety and other employment standards. 
Sec. 2. 26 MRSA §642, as enacted by PL 2003, c. 616, § 1, is amended to read: 
§642. Definitions 
As used in this subchapter, unless the context otherw{se indicates, the following 
terms have the following meanings. 
1. Bureau. "Bureau" means the Department of Labor, Bureau of Labor Standards. 
2. Code of Federal Regulations. "Code of Federal Regulations" means the Code of 
Federal Regulations as of January 1, ~ 
2008. 
3. Employer. "Employer" means a Berson or entit\' that suffers or nermits anv 
forestrY ',,,,orker to work. .;. 
A. With regard to a forestry worker, a person or entity that suffers or permits any 
forestry worker to work; and 
B. With regard toa migrant and seasonal fanTI worker, a farm labor contractor. 
3-A. Farm labor contractor. "Farm labor contractor" means a person or entity that 
employs migrant and seasonal farm workers and that is required to register with the 
United States Department of Labor under the federal Migrant and Seasonal Agricultural 
Worker Protection Act. 
. 24 
4. Forestry worker. "Forestry worker" or "worker" means a person employed on a 
temporary or seasonal basis to perform reforestation activities, including, but not limited 
to, precommercial thinning, tree planting and brush clearing. 
5. Migrant and seasonal farm worker. "Migrant and seasonal farm worker" means 
a person employed by a farm labor contractor on a temporary or seasonal basis to perform 
farm labor. 
6. 
Worker. 
"Worker" means a forestry worker or migrant and seasonal farm 
worker. 
Sec. 3. 26 MRSA §643, sub-§l, as enacted by PL 2003, c. 616, § 1, is amended to 
read: 
) 
) 
) 
n 
r: 
'-~, 
~) 
---.-./ 
1. Requirement. An employer shall provide safe transpOl1ation for forestry workers 
between the workers' lodgings and work sites each day at no cost to the workers. 
. . .  
. 
A. 
A vehicle used to transport workers must meet. the standards set fOl1h 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 to the rear of the veh icle that· interferes· with the operation of the 
rear door. Equipment or any other materials that interfere with the operation of any 
doors or windows may not be attached to or stored in the vehicle. The number of 
occupants in any vehicle, other than a bus, may not exceed 11 at any time. In the 
case of a IS-passenger van, compliance with this standard must be achieved by 
removai of the seating immediately behind the rear axie. 
Attachments are not 
allowed on the roofs of vans for the purpose of carrying gear. 
B. 
Any person driving a vehicle used to transport workers must meet the driver 
qualifications and must follow the standards for driving set fOl1h in 29 Code of 
Federal Regulations, Section 500.105. 
C. 
Each vehicle used to transport workers must be equipped with a first aid kit 
consistent with 29 Code of Federal Regulations, section 1910.266, Appendix A and 
communications equipment capable of providing the most immediate access to 
emergency medical services. A vehicle equipped with such equipment and a driver 
must be available at or near the work site at all times during the work day. 
Emergency action plans, written in easily understandable English and in the language 
of the forestry worker crews, must be developed and maintained for each job site. 
Plans must include information on how to transpOl1 injured workers to the nearest 
emergency facility and how to direct emergency workers to the location of an injured 
worker who can not be moved. 
D. 
An employer must make reasonable efforts to limit the driving hours of anyone 
driver in a day and to reduce driver fatigue generally. Hours of operation must also 
comply with the limitations set forth in 29 Code of Federal Regulations, Section 
500.105. 
Except in an emergency, a worker who engages in reforestation or 
agricultural labor activities may not operate a vehicle more than 2 hours per day. 
For purposes of this paragraph, "agricultural labor" has the same meaning as in 
section 1043, subsection l. 
E. 
A vehicle used to transport workers must be insured for at least the same 
minimum liability insurance as is required by the State. 
F. 
Each employer shall provide to each worker and to the Department of Labor a 
copy of off-road driving safety standards consistent with those promoted in relevant 
safe driver training courses. 
G. 
Each contract regarding or resulting in the employment of any forest!)' worker 
must include a provision requiring the contractor who employs forest!)' such workers 
to abide by this subchapter. 
Sec. 4. 26 MRS A §643-A is enacted to read: 
§643-A. First aid requirements 
An employer must comply with the standards for first aid set forth in 29 Code of 
Federal Regulations, Section 1910.151 (2008). 
Sec. 5. 26 MRS A §643-B is enacted to read: 
§643-B. Farm labor contractor registration 
Each farm labor contractor employing migrant and seasonal farm workers shall file a 
copy of its federal registration under the federal Migrant and Seasonal Agricultural 
Worker Protection Act with the bureau. The filing must include in-state contact 
information for the farm labor contractor or the farm labor contractor's representative. 
Sec. 6. 26 MRSA §644, firstcrr, as enacted by PL 2003, c. 616, § 1, is amended to 
read: 
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: 
Sec. 7. 26 MRSA §644, sub-§3, as enacted by PL 2003, c. 616, § 1, is amended to 
read: 
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 
Sec. 8. 26 MRSA §645, as enacted by PL 2003, c.616, § 1, is amended to read: 
§645. Waiver of rights prohibited 
Any agreement by a forestry worker purporting to waiv~. or modify any of the 
worker's rights under this subchapter is void as contrary to public policy. 
Sec. 9. 26 MRSA §646, sub-§1, as enacted by PL 2003, c. 616, § 1, is amended to 
read: 
1. Joint and several liability. If more than one person or entity 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. 
Sec. 10. 26 MRSA §646, sub-§2, as enacted by PL 2003, c. 616, §1, is amended 
to read: 
2. 
Enforcement by bureau, 
The bureau may inspect vehicles subject to this 
subchapter and used to transport forestry workers and may enforce compliance with this 
subchapter in accordance with this section. 
A. 
A duly designated officer of the bureau may enter into any structure or upon any 
real property in or on which a vehicle subject to this subchapter and used to transport 
) 
) 
') 
n 
-. 
~; 
-------
forestry workers is found in accordance with the process established in section 587 in 
order to determine compliance with this subchapter and any rules adopted to 
implement this subchapter. 
B. 
Upon the written request of the bureau, the Department of Transportation and 
the Department of Public Safety shall provide any technical services that may be 
required by the bureau to assist with inspections and enforcement of this subchapter. 
Sec. 11. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 26, chapter 7, subchapter 2-A, in the subchapter 
headnote, the words "employment standards in the forestry industry" are amended to read 
"employment standards in the forestry industry and farming" and the Revisor of Statutes 
shall implement this revision when updating, publishing or republishing the statutes. 
SUMMARY 
This bill adds migrant and seasonal farm workers to the law providing protections for 
forestry workers. Farm labor contractors who are required to register under the federal 
Migrant and Seasonal Agricultural Worker Protection Act are required to file their federal 
registration with the state Depaliment of Labor, listing a contact within the State. They 
are also required to provide first aid training, first aid kits and safe transportation for their 
workers.