Transportation of Migrant and Seasonal Workers

Seasonal farm work is gearing up quickly now, and seasonal workers are flowing into the region. Farm employers who utilize migrant and seasonal labor, including H2A workers, commonly provide transportation for workers from their housing locations to work sites and sometimes to stores and other public places. Federal regulations, including the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), provide specific requirements to help ensure the safe transportation of workers. A few reminders are in order to be sure that farm-provided transportation is safe and legal. 

The U.S. Department of Labor provides “Factsheet #50: Transportation under the Migrant and Seasonal Agricultural Worker Protection Act.” This publication covers a range of topics including: vehicle safety standards, licensing, insurance requirements, and more. Specific regulations, including those addressing transportation, can be found here in the U.S. Code of Federal Regulations. These regulations are extensive and we cannot cover everything in this article, but following are a few notable items to bring to your attention:

  • Employers are required to carry vehicle liability insurance against damage to persons or property of at least $100,000 per vehicle seat, up to a maximum of $5,000,000. That means a van with seating for 12, including the driver, needs $1.2 million of insurance coverage.
  • Passenger automobiles, station wagons, and pickup trucks used only to transport workers within the cab fall under a different set of rules than those governing larger, commercial vehicles that can transport more people. These vehicle requirements mainly fall under the category of common sense safety such as operable brakes, tires with sufficient tread, unobstructed views for the driver, and not loading beyond gross vehicle weight restrictions, etc. Other considerations, especially for older vehicles, include no leaking fuel or exhaust systems, no holes or rusted areas that might injure passengers, and operational windows to allow fresh air to the passengers.
  • Operation of larger, commercial vehicles to carry more passengers includes more stringent requirements including:
    • Compliance with state laws, including commercial driver licensing (CDL). New York requires a CDL for various situations including transporting more than 14 passengers and having a gross vehicle weight of more than 26,000 lbs.
    • Physical requirements for drivers’ ability to use their hands and feet to drive, vision, hearing, limitation of alcohol and drug use, and certification by a doctor of driving qualification at least every three years.
    • Age of at least 21 years and no less than one year of driving experience in all four seasons.
    • Also required is a knowledge of driving regulations, enough English ability to read and understand signs, and an appropriate driving permit.
  • In all vehicles, a securely fastened seat is required for each vehicle occupant or rider. The code includes specific measurements and dimensions for seats. And, of course, New York law requires all drivers and passengers to wear seat belts at all times so that is also required by MSPA.
  • Under MSPA Licensing rules, driver’s are required to have a currently valid driver’s license or permit. If the state requires a commercial driver’s license (CDL) for a particular vehicle, then MSPA also requires the CDL. It’s important to note here that the Mexican federal CDL “Licensia Federal de Conductor,” is valid in the U.S. The governments of the U.S. and Mexico have an active Memorandum of Understanding (MOU) that CDL’s are valid in each others countries. This only means the federal Mexican CDL, not one issued by any Mexican states. A copy of the U.S.-Mexico MOU is posted on this Federal Motor Carrier Safety Administration website. It is a good practice to print this document and have any drivers you employ who use a federal Mexican CDL keep it with them when driving so they can show it to any authorities who might question the validity of their license.
  • For passenger automobiles, New York recognizes foreign driver licenses, the state also recommends but does not require that foreign drivers obtain an International Driving Permit. See more information here.
  • The only foreign CDL’s that are recognized in the U.S. are those from Mexico and Canada. Workers from any other country need to obtain a CDL from the U.S. in order to operate a commercial vehicle.

A few incidences of worker transportation are not covered by MSPA. Carpooling arrangements that are set up by workers, using a worker’s vehicle, and not under the direction of the employer are not regulated by the MSPA transportation rules. Generally, transportation of workers in fields on farm machinery or trucks while engaged in farm work is not covered by these transportation requirements.

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By Richard Stup, Cornell University. Permission granted to repost, quote, and reprint with author attribution.
The post Transportation of Migrant and Seasonal Workers appeared first on Cornell Agricultural Workforce Development.

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