Pub.L. 104-5 To amend a provision of part A of title IX of the Elementary and Secondary Education Act of 1965, relating to Indian education, to provide a technical amendment, and for other purposes. <> ...

	Web GovRecords.org

<DOC>


         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        repealed.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:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 141 (1995):
            Oct. 17, considered and passed House.
            Oct. 31, considered and passed Senate.

                                  <all>

Other Popular 104th Congressional Public Laws Documents:

Other Documents:

104th Congressional Public Laws Records and Documents