[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1326 Introduced in Senate (IS)]

  1st Session
                                S. 1326

Respecting the relationship between workers' compensation benefits and 
  the benefits available under the Migrant and Seasonal Agricultural 
                         Worker Protection Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 17 (legislative day, October 10), 1995

Mrs. Feinstein introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
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        Act, 1993 (Public Law 102-392) is repealed.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 provisions 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 workers' 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 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' 
        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 proceeding 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 
        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 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 contractor possessed a valid certificate of 
                registration authorizing the performance of the farm 
                labor contracting activities which the contractor was 
                requested by 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 Seasoned Agricultural Worker 
Protection Act (29 U.S.C. 1854), as amended by section 2, is amended 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 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 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 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 
        provided, and, if so, the name of the State workers' 
        compensation insurance carrier, the name of the policyholder of 
        such insurance, 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 insurance 
required by law of the State in which such worker is employed. Such 
worker shall be given such disclosure 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 in insurance is 
        provided, and, if so, the name of the State workers' 
        compensation insurance carrier, the name of the policyholder of 
        such insurance, 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 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 similar 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 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.
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