Farm employees in the H-2A program are subject to regulations in the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Among other things, MSPA regulates motor vehicle safety and insurance requirements for the transportation of workers. Under certain circumstances, any person who drives migrant agricultural workers is required to have a valid doctor’s certificate (WH515) with them while driving workers.
U.S. Department of Labor (DOL) provides a Fact Sheet 50 that gives guidance on which set of rules apply based on the distance traveled and type of vehicle. Fact Sheet 50 contains a table showing when DOL standards at 29 CFR § 500.104 “104” or the Department of Transportation (DOT) standards incorporated at 29 CFR § 500.105 “105.” Both of these standards “104” and “105” contain important information about safety standards for vehicles used to transport migrant and seasonal workers. The key point to this article is that when “105” applies, a doctor’s certificate (WH515) is required as well some other specific driver qualifications.
When “105” is in effect
Refer to the table in Fact Sheet 50 for details, but essentially “105” is in effect when migrant workers will be transported more than 75 miles roundtrip in a single day in certain vehicle types, or in a “day haul” situation. (Day haul is when a farmer picks up workers to hire and employ for a day that are not regular employees of the farm.) The vehicle type for “105” to apply includes: those hauling 10+ passengers, buses, big trucks, workers riding in a truck bed, or on a low-speed vehicle. If these “105” conditions exists, then the employer must have a current physical exam certificate on file, and the driver must carry a copy with him, as follows:
(H) Certificate of physical examination. Every person shall have in his files at his principal place of business for every driver employed or used by him a legible certificate of a licensed doctor of medicine or osteopathy based on a physical examination as required by paragraph (b)(1)(ii)(G) of this section or a legible photographically reproduced copy thereof, and every driver shall have in his possession while driving, such a certificate or a photographically reproduced copy thereof covering himself.
This certification requirement is fulfilled by a licensed doctor using form WH-515. The form contains instructions for the doctor to complete the exam and it is valid for three years. Of course, in addition to the doctor’s certification, proper driver licensing is also required for every driver, including a CDL in some situations. So, if “105” is in effect, every driver must have the appropriate license in their possession AND a copy of the valid WH-515 physical certificate.
Other driver qualifications under “105”
There are several driver “age and experience” requirements that apply under “105.” The law states as follows:
(iii) Minimum age and experience requirements. No person shall drive, nor shall any person require or permit any person to drive, any motor vehicle unless such person possesses the following minimum qualifications:
- (A) Age. Minimum age shall be 21 years.
- (B) Driving skill. Experience in driving some type of motor vehicle (including private automobiles) for not less than one year, including experience throughout the four seasons.
- (C) Knowledge of regulations. Familiarity with the rules and regulations prescribed in this part pertaining to the driving of motor vehicles.
- (D) Knowledge of English. Every driver shall be able to read and speak the English language sufficiently to understand highway traffic signs and signals and directions given in English and to respond to official inquiries.
- (E) Driver’s permit. Possession of a valid permit qualifying the driver to operate the type of vehicle driven by him in the jurisdiction by which the permit is issued.
Fact Sheet 50 contains a wealth of other information about requirements for transporting migrant and seasonal workers. Be sure to review the insurance requirements to make sure you have everything needed. Have a safe and successful season!
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By Richard Stup, Cornell University. Permission granted to repost, quote, and reprint with author attribution.
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