[104th Congress Public Law 49]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ49.104]
MIGRANT AND SEASONAL AGRICULTURAL WORKERS' COMPENSATION
[[Page 109 STAT. 432]]
Public Law 104-49
104th Congress
An Act
Respecting the relationship between workers' compensation benefits and
the benefits available under the Migrant and Seasonal Agricultural
Worker Protection Act. <<NOTE: Nov. 15, 1995 - [H.R. 1715]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress
assembled, <<NOTE: Intergovernmental relations.>>
SECTION 1. WORKERS' COMPENSATION.
(a) Amendments.--
(1) Section 325 of the Legislative Branch Appropriations
Act, 1993 (Public Law 102-392) <<NOTE: 29 USC 1854 note.>> 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repealed.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) <<NOTE: 29 USC 1854 note.>> 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. <<NOTE: Courts.>>
(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
workers while under the influence of alcohol or a controlled
substance (as defined in section 102 of the Controlled
Substances
[[Page 109 STAT. 433]]
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 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) <<NOTE: 29 USC 1854 note.>> 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 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
[[Page 109 STAT. 434]]
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 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
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) <<NOTE: Regulations. 29 USC 1821 note.>> 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
[[Page 109 STAT. 435]]
set forth in paragraph (2)(B) and similar farmworker transportation
requirements under State law.''.
(b) <<NOTE: 29 USC 1841 note.>> 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) <<NOTE: 29 USC 1841 note.>> 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.
Approved November 15, 1995.
LEGISLATIVE HISTORY--H.R. 1715:
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CONGRESSIONAL RECORD, Vol. 141 (1995):
Oct. 17, considered and passed House.
Oct. 31, considered and passed Senate.
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