Under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), employers using, or causing to be used, any vehicle to transport migrant or seasonal workers must ensure the vehicle meets insurance and safety standards, and drivers are properly licensed and certified.
MSPA regulations donít apply to individual workers when the sole occupants of the workerís vehicle are family (spouse, children, parents, brothers, and sisters). MSPA rules donít apply to carpools workers voluntarily arrange, with one of their own vehicles, and not specifically directed or requested by an employer.
Carpooling doesnít include arrangements in which a farm labor contractor participates. Where an FLC or other employer organizes or helps organize the carpool(s), or makes carpooling a condition of employment, the activity is deemed to be "causing to be transported" and requires MSPA compliance.
The workers may contribute to offset actual transportation costs. Any compensation exceeding actual costs means the transportation provider is considered an FLC subject to MSPA transportation rules. The driver must be able to show how charges are reasonable and directly related to the transportation provided to the carpool. (On rare occasions they do.)
Persons not subject to MSPA also include those transporting any migrant or seasonal agricultural worker within a 25 mile intrastate radius of such person's permanent place of residence and for not more than 13 weeks per year.
Under MSPA, even automobiles used or caused to be used by any FLC or grower to transport any migrant or seasonal agricultural worker must meet prescribed safety standards.
Vehicles must have an operational horn and leak-free brake systems that can stop and hold on an incline. Steering systems must safely and accurately turn the vehicle.
Front tires must not be recapped, and have at least 1/16-inch tread depth and no sidewall cracks. Californiaís Vehicle Code requires at least 2/16-inch tread depth on front tires.
Windshield wipers, turn signals and hazard, head, brake, and tail lights must work. Windshields must not have cracks obscuring vision. Mirrors must give the driver vision of the sides and to the rear.
Fuel lines and tank must be leak-free. The tank must have a cap. Exhaust systems must be leak-free under the passenger compartment.
All passengers must have a seat securely fastened to the vehicle. Sharp-edged tools may be carried in the passenger compartment only if they are kept in covered containers. Other tools must be secured.
Windows must allow fresh air to occupants. Windshields should be clean. Door handles and latches must permit exiting.
Passenger compartments must not have defects, openings, or rusted areas which could injure passengers. Total passenger and property weight canít exceed the manufacturerís vehicle gross weight rating. For the purpose of establishing passenger capacity in California, weight per passenger and driver is calculated at 150 lb.
Although MSPA exempts van drivers transporting workers on trips of 75 miles or less from physical examinations, the Vehicle Code requires that "farm labor vehicle" drivers complete, each 2 years, a medical examination (DMV Form DL-51) certifying they meet minimum eyesight and other requirements. A farm labor vehicle is defined in the Vehicle Code as any motor vehicle designed, used, or maintained for the transportation of 9 or more farmworkers, in addition to the driver, to or from a place of employment or employment-related activities (regardless of number of miles traveled).
A farm labor vehicle excludes any vehicle carrying only the ownerís or driverís immediate family. Currently, farm labor vehicles (just like tour buses) need not have seat belts for passengers.
Every farm labor vehicle as defined by the Vehicle Code must be inspected annually by the California Highway Patrol. An inspection approval certificate, specifying the vehicleís seating capacity rating, must be posted in the driverís compartment.
Farm labor vehicles not meeting the Vehicle code threshold of design, use, or maintenance for transportation of at least 9 farmworkers in addition to the driver must be inspected under MSPA by "a Federal or State inspector or by a responsible garage or mechanic."
Before operation, farm labor vehicles must be inspected daily to assure theyíre in safe condition with proper equipment that is in good working order. Carrying hazardous materials or extra fuel in a farm labor vehicle is illegal.
The Vehicle Code requires that farm labor vehicles have a clearly-marked, mounted, properly charged fire extinguisher with at least a 4B:C rating, 3 red reflective triangles, and a readily visible, accessible, and plainly marked first aid kit. First aid kits (containing prescribed minimum contents) must be constructed to prevent moisture from reaching the contents, maintained in good condition, and be removable from the place secured.
Under MSPA, farm labor contractors engaged in transportation activities must have a (green) transportation authorization supplement card listing the vehicles involved. FLCs and FLC employees driving these vehicles must have an (orange) FLC registration card (WH-411) or (blue) FLC employee identification card (WH-413) indicating driving authorization.
Federal Form WH-514 (or CHP Form 350) is used to furnish proof of compliance with vehicle safety requirements when applying for MSPA transportation authorization. For information on farm labor vehicle inspection sites and times, call your local CHP School Pupil Safety Officer.
Effective May 16, 1996, federal FLC registration certificates will indicate on their face the maximum number of workers authorized to be transported under the FLCís vehicle liability policy.
In California, "day haulers" must have a state farm labor contractors license. A day hauler is a person employed by a farm labor contractor to transport, or who for a fee transports workers to perform agricultural services to, for, or under the direction of a third person.
State farm labor contractor license application forms may be requested on (415) 975-2065. Application forms for federal FLC and FLC employee registration may be requested on (415) 975-4521.
In California, no one may operate a farm labor vehicle unless the person has in his or her possession a valid commercial Class B driverís license with a "passenger vehicle endorsement," and a DMV-issued certificate to permit the operation of farm labor vehicles when transporting one or more farmworker passengers.
An original applicant for a California certificate to drive a farm labor vehicle (DL-45) must have successfully completed a 20-hour course which includes 10 hours of classroom instruction and 10 hours of applicant behind-the-wheel training, driving vehicles comparable to those that will be driven by the applicant to transport farm laborers. Drivers must be trained by certified farm labor vehicle driver instructors.
Applicants seeking to renew a DL-45 certificate must have successfully completed 2 hours of classroom instruction for each 12 months of certificate validity covering, but not limited to, current laws and regulations, accident prevention, and defensive driving.
When you employ farm labor vehicle drivers, keep a record of each driverís certificate number, restrictions, and expiration date, continuing education requirements, medical certification, license class, number, restrictions, and expiration date, daily vehicle inspection reports and maintenance records.
Drivers who work shifts over 12 hours or drive beyond a 100-mile radius must keep an official driverís log. Employers whose drivers operate within 100 miles of his or her normal work reporting location, or work a maximum 12 consecutive hours (which must end at their work reporting location and be followed by 8 consecutive hours off duty), must keep records on file for 6 months showing: the driverís reporting time each day; total hours the driver is on duty each day; the time the driver is released from duty each day; and the total time for the preceding 7 consecutive days if the driver is a first-time hire or only works occasionally.
Employers of farm labor vehicle drivers must participate in DMVís "Pull Notice Program" which provides the driverís current public driving record. A farm labor vehicle carrying passengers may not be driven over 55 miles per hour. Driving a farm labor vehicle with a blood alcohol content of .01 percent or greater is prohibited.
The Federal Highway Administration, DOT controlled substances
and alcohol use and testing regulations apply to drivers subject
to commercial driverís license requirements while operating
vehicles "designed to transport 16 or more passengers, including
the driver."
Californiaís Labor Code requires farm labor vehicles to be insured for personal injury and property damage. Farm labor contractors who supply labor, have workers compensation, and donít charge transportation fees must insure vehicles carrying 15 or fewer passengers for $15,000/$30,000 for personal injury. For more than 15 passengers the minimum coverage is $30,000/$60,000 for personal injury. Minimum property damage coverage is $50,000.
Higher federal minimum levels of financial security under MSPA were recently revised. Effective May 16, 1996, an FLC, agricultural employer, or agricultural association who provides transportation only, and who may or may not charge a transportation fee, must carry at least $100,000 of vehicle liability coverage for each "seat" in the vehicle, with total insurance capped at $5 million for any one vehicle, regardless of seating capacity.
Prior to May 16, 1996, the minimum coverage for vehicles carrying 15 or fewer passengers was 1.5 million for personal injury. For more than 15 passengers the minimum coverage was $5 million. The new insurance levels should provide adequate protection for farmworkers while lowering the minimum insurance levels for most transportation providers, presumably making coverage more available and affordable.
Employers who are certain worker transportation will occur only under circumstances covered by workersí compensation must obtain only $50,000 of property damage insurance. They arenít obligated to secure additional bodily injury coverage, but they do so at their own risk. In such circumstances, the employer would be in violation of MSPA insurance obligations if they transport workers outside the scope of workersí compensation coverage, and would be exposed to suits for actual damages.
According to MSPA, seats must be provided for each worker transported and must be: "securely attached to the vehicle during the course of transportation; not less than 16 inches not more than 19 inches above the floor; at least 13 inches deep; equipped with backrests extending to a height of at least 36 inches above the floor, with at least 24 inches of space between the backrests or between the edges of the opposite seats when face to face; designed to provide at least 18 inches of seat for each passenger; without cracks more than two inches wide, and the exposed surfaces, if made of wood, planed or sanded smooth and free of splinters."