29 U.S.C. § 1841 — Motor vehicle safety

Page 751 TITLE 29—LABOR § 1841 1 So in original. No par. (2) has been enacted. place a poster provided by the Secretary setting forth the rights and protections afforded such workers under this chapter, including the right of a seasonal agricultural worker to have, upon request, a written statement provided by the farm labor contractor, agricultural employer, or agricultural association, of the information de- scribed in subsection (a). Such employer shall provide, upon request, a written statement of the information described in subsection (a). (c) Recordkeeping and information requirements imposed upon employers Each farm labor contractor, agricultural em- ployer, and agricultural association which em- ploys any seasonal agricultural worker shall— (1) with respect to each such worker, make, keep, and preserve records for three years of the following information: (A) the basis on which wages are paid; (B) the number of piecework units earned, if paid on a piecework basis; (C) the number of hours worked; (D) the total pay period earnings; (E) the specific sums withheld and the pur- pose of each sum withheld; and (F) the net pay; and (2) provide to each such worker for each pay period, an itemized written statement of the information required by paragraph (1) of this subsection. (d) Furnishing of records by farm labor con- tractor; maintenance of records by recipient (1) 1 Each farm labor contractor shall provide to any other farm labor contractor and to any agricultural employer and agricultural associa- tion to which such farm labor contractor has furnished seasonal agricultural workers, copies of all records with respect to each such worker which such farm labor contractor is required to retain by subsection (c)(1). The recipient of these records shall keep them for a period of three years from the end of the period of em- ployment. (e) Prohibition on knowingly providing false or misleading information to workers No farm labor contractor, agricultural em- ployer, or agricultural association shall know- ingly provide false or misleading information to any seasonal agricultural worker concerning the terms, conditions, or existence of agricultural employment required to be disclosed by sub- section (a), (b), or (c). (f) Form and language requirements The information required to be disclosed by subsections (a) and (b) of this section to sea- sonal agricultural workers shall be provided in written form. Such information shall be pro- vided in English or, as necessary and reasonable, in Spanish or other language common to sea- sonal agricultural workers who are not fluent or literate in English. The Department of Labor shall make forms available in English, Spanish, and other languages, as necessary, which may be used in providing workers with information re- quired under this section. (Pub. L. 97–470, title III, § 301, Jan. 14, 1983, 96 Stat. 2592; Pub. L. 104–49, § 4(b), Nov. 15, 1995, 109 Stat. 434.) Editorial Notes AMENDMENTS 1995—Subsec. (a)(1). Pub. L. 104–49 added subpar. (H) and concluding provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–49 effective upon expira- tion of 90 days after the date final regulations are issued by Secretary of Labor to implement such amendment, see section 4(c) of Pub. L. 104–49, set out as a note under section 1821 of this title. EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. § 1832. Wages, supplies, and other working ar- rangements (a) Payment of wages Each farm labor contractor, agricultural em- ployer, and agricultural association which em- ploys any seasonal agricultural worker shall pay the wages owed to such worker when due. (b) Purchase of goods or services by worker No farm labor contractor, agricultural em- ployer, or agricultural association shall require any seasonal agricultural worker to purchase any goods or services solely from such farm labor contractor, agricultural employer, or agri- cultural association. (c) Violation of terms of working arrangement No farm labor contractor, agricultural em- ployer, or agricultural association shall, with- out justification, violate the terms of any work- ing arrangement made by that contractor, em- ployer, or association with any seasonal agricul- tural worker. (Pub. L. 97–470, title III, § 302, Jan. 14, 1983, 96 Stat. 2593.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. SUBCHAPTER IV—FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL AGRICUL- TURAL WORKERS § 1841. Motor vehicle safety (a) Mode of transportation subject to coverage (1) Except as provided in paragraph (2), this section applies to the transportation of any mi- grant or seasonal agricultural worker. (2) This section does not apply to the transpor- tation of any migrant or seasonal agricultural worker on a tractor, combine, harvester, picker, or other similar machinery and equipment while such worker is actually engaged in the planting, cultivating, or harvesting of any agricultural commodity or the care of livestock or poultry. Page 752 TITLE 29—LABOR § 1841 (b) Applicability of standards, licensing, and in- surance requirements; promulgation of regu- lations for standards; criteria, etc., for regu- lations; amount of insurance required (1) When using, or causing to be used, any ve- hicle for providing transportation to which this section applies, each agricultural employer, ag- ricultural association, and farm labor con- tractor shall— (A) ensure that such vehicle conforms to the standards prescribed by the Secretary under paragraph (2) of this subsection and other ap- plicable Federal and State safety standards, (B) ensure that each driver has a valid and appropriate license, as provided by State law, to operate the vehicle, and (C) have an insurance policy or a liability bond that is in effect which insures the agri- cultural employer, the agricultural associa- tion, or the farm labor contractor against li- ability for damage to persons or property aris- ing from the ownership, operation, or the causing to be operated, of any vehicle used to transport any migrant or seasonal agricul- tural worker. (2)(A) For purposes of paragraph (1)(A), the Secretary shall prescribe such regulations as may be necessary to protect the health and safe- ty of migrant and seasonal agricultural workers. (B) To the extent consistent with the protec- tion of the health and safety of migrant and sea- sonal agricultural workers, the Secretary shall, in promulgating regulations under subparagraph (A), consider, among other factors— (i) the type of vehicle used, (ii) the passenger capacity of the vehicle, (iii) the distance which such workers will be carried in the vehicle, (iv) the type of roads and highways on which such workers will be carried in the vehicle, (v) the extent to which a proposed standard would cause an undue burden on agricultural employers, agricultural associations, or farm labor contractors. (C) Standards prescribed by the Secretary under subparagraph (A) shall be in addition to, and shall not supersede or modify, any standard under part B of subtitle IV of title 49, or regula- tions issued thereunder, which is independently applicable to transportation to which this sec- tion applies. A violation of any such standard shall also constitute a violation under this chap- ter. (D) In the event that the Secretary fails for any reason to prescribe standards under sub- paragraph (A) by the effective date of this chap- ter, the standards prescribed under section 31502 of title 49, relating to the transportation of mi- grant workers, shall, for purposes of paragraph (1)(A), be deemed to be the standards prescribed by the Secretary under this paragraph, and shall, as appropriate and reasonable in the cir- cumstances, apply (i) without regard to the mileage and boundary line limitations contained in such section, and (ii) until superseded by standards actually prescribed by the Secretary in accordance with this paragraph. (3) The level of insurance required under para- graph (1)(C) shall be determined by the Sec- retary considering at least the factors set forth in paragraph (2)(B) and similar farmworker transportation requirements under State law. (c) Adjustments of insurance requirements in the event of workers’ compensation coverage If an agricultural employer, agricultural asso- ciation, or farm labor contractor is the em- ployer of any migrant or seasonal agricultural worker for purposes of a State workers’ com- pensation law and such employer provides work- ers’ compensation coverage for such worker in the case of bodily injury or death as provided by such State law, the following adjustments in the requirements of subsection (b)(1)(C) relating to having an insurance policy or liability bond apply: (1) No insurance policy or liability bond shall be required of the employer, if such workers are transported only under cir- cumstances for which there is coverage under such State law. (2) An insurance policy or liability bond shall be required of the employer for cir- cumstances under which coverage for the transportation of such workers is not provided under such State law. (d) Time for promulgation of regulations for standards implementing requirements; revi- sion of standards The Secretary shall, by regulations promul- gated in accordance with section 1861 of this title not later than the effective date of this chapter, prescribe the standards required for the purposes of implementing this section. Any sub- sequent revision of such standards shall also be accomplished by regulation promulgated in ac- cordance with such section. (Pub. L. 97–470, title IV, § 401, Jan. 14, 1983, 96 Stat. 2594; Pub. L. 104–49, § 5(a), Nov. 15, 1995, 109 Stat. 434; Pub. L. 104–88, title III, § 333, Dec. 29, 1995, 109 Stat. 953.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- secs. (b)(2)(D) and (d), is the effective date of Pub. L. 97–470, which is ninety days from the date of enactment of Pub. L. 97–470, which was approved Jan. 14, 1983. CODIFICATION In subsec. (b)(2)(D), ‘‘section 31502 of title 49’’ sub- stituted for ‘‘section 3102 of title 49’’ on authority of Pub. L. 103–272, §§ 1(c), (e), 6(b), July 5, 1994, 108 Stat. 745, 862, 1029, 1378. Previously, ‘‘section 3102 of title 49’’ substituted for ‘‘section 204(a)(3a) of the Interstate Commerce Act (49 U.S.C. 304(a)(3a))’’ on authority of Pub. L. 97–449, § 6(b), Jan. 12, 1983, 96 Stat. 2443, the first section of which enacted subtitle I (§ 101 et seq.) and chapter 31 (§ 3101 et seq.) of subtitle II of Title 49, Transportation. AMENDMENTS 1995—Subsec. (b)(2)(C). Pub. L. 104–88 substituted ‘‘part B of subtitle IV of title 49’’ for ‘‘part II of the Interstate Commerce Act, or any successor provision of subtitle IV of title 49’’. Subsec. (b)(3). Pub. L. 104–49 amended par. (3) gen- erally. Prior to amendment, par. (3) read as follows: ‘‘The level of the insurance required by paragraph (1)(C) shall be at least the amount currently required for common carriers of passengers under part II of the Interstate Commerce Act, and any successor provision Page 753 TITLE 29—LABOR § 1851 of subtitle IV of title 49, and regulations prescribed thereunder.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENTS Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. Pub. L. 104–49, § 5(c), Nov. 15, 1995, 109 Stat. 435, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] takes effect upon the expira- tion of 180 days after the date of enactment of this Act [Nov. 15, 1995] or upon the issuance of final regulations under subsection (b) [set out below], whichever occurs first.’’ EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. REGULATIONS Pub. L. 104–49, § 5(b), Nov. 15, 1995, 109 Stat. 435, pro- vided that: ‘‘Within 180 days of the date of the enact- ment of this Act [Nov. 15, 1995], the Secretary of Labor shall promulgate regulations establishing insurance levels under section 401(b)(3) of the Migrant and Sea- sonal Agricultural Worker Protection Act (29 U.S.C. 1841(b)(3)) as amended by subsection (a).’’ [Final regula- tions implementing Pub. L. 104–49 were signed May 13, 1996, published May 16, 1996, 61 F.R. 24858, and effective the same day.] § 1842. Confirmation of registration No person shall utilize the services of any farm labor contractor to supply any migrant or seasonal agricultural worker unless the person first takes reasonable steps to determine that the farm labor contractor possesses a certificate of registration which is valid and which author- izes the activity for which the contractor is uti- lized. In making that determination, the person may rely upon either possession of a certificate of registration, or confirmation of such registra- tion by the Department of Labor. The Secretary shall maintain a central public registry of all persons issued a certificate of registration. (Pub. L. 97–470, title IV, § 402, Jan. 14, 1983, 96 Stat. 2595.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. § 1843. Information on employment conditions Each farm labor contractor, without regard to any other provisions of this chapter, shall ob- tain at each place of employment and make available for inspection to every worker he fur- nishes for employment, a written statement of the conditions of such employment as described in sections 1821(b) and 1831(b) of this title. (Pub. L. 97–470, title IV, § 403, Jan. 14, 1983, 96 Stat. 2595.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. § 1844. Compliance with written agreements (a) Applicability to contracting activity or work- er protection No farm labor contractor shall violate, with- out justification, the terms of any written agreements made with an agricultural employer or an agricultural association pertaining to any contracting activity or worker protection under this chapter. (b) Statutory liability Written agreements under this section do not relieve a person of any responsibility that such person would otherwise have under this chapter. (Pub. L. 97–470, title IV, § 404, Jan. 14, 1983, 96 Stat. 2596.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. SUBCHAPTER V—GENERAL PROVISIONS PART A—ENFORCEMENT PROVISIONS § 1851. Criminal sanctions (a) Violations of chapter or regulations Any person who willfully and knowingly vio- lates this chapter or any regulation under this chapter shall be fined not more than $1,000 or sentenced to prison for a term not to exceed one year, or both. Upon conviction for any subse- quent violation of this chapter or any regulation under this chapter, the defendant shall be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. (b) Violations of section 1324a(a) of title 8 If a farm labor contractor who commits a vio- lation of paragraph (1) or (2) of section 1324a(a) of title 8 has been refused issuance or renewal of, or has failed to obtain, a certificate of reg- istration or is a farm labor contractor whose certificate has been suspended or revoked, the contractor shall, upon conviction, be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. (Pub. L. 97–470, title V, § 501, Jan. 14, 1983, 96 Stat. 2596; Pub. L. 99–603, title I, § 101(b)(1)(D), Nov. 6, 1986, 100 Stat. 3372.) Editorial Notes AMENDMENTS 1986—Subsec. (b). Pub. L. 99–603 substituted ‘‘para- graph (1) or (2) of section 1324a(a) of title 8’’ for ‘‘sec- tion 1816 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–603 applicable to employ- ment, recruitment, referral, or utilization of services of an individual occurring on or after first day of seventh month beginning after Nov. 6, 1986, see section 101(b)(2) of Pub. L. 99–603, as amended, set out as a note under section 1802 of this title. EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title.