Wage and Hour Division (WHD)

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BOSTON -- A federal investigation of the accident in northern Maine on Sept. 12 that killed 14 migrant forestry workers has resulted in the U.S. Department of Labor citing Evergreen Forestry Services of Sandpoint, Idaho, for violations of Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The department also has begun proceedings to revoke the right of the company, as well as that of president and owner Peter Smith III, to do further business as a farm labor contractor.

"The Department of Labor has charged Evergreen and Mr. Smith with failing to provide workers with safe transportation, failing to properly register the driver of the van involved in the accident, transporting workers without a certificate of authorization and failing to amend their certificate to include the van involved in the accident," said Corlis Sellers, northeast regional administrator of the Labor Department's Wage and Hour Division. "Additionally, we have taken action to revoke the right of the company and Mr. Smith to future operation as a farm labor contractor for these violations, as well as for other violations of MSPA committed in other states."

Letters taking action to revoke the farm labor contractor certificate of the company and Smith and assessing civil money penalties totaling $17,000 for the alleged violations were mailed on Dec. 30, 2002.

Sellers explained that the $17,000 civil money penalty is the maximum amount the Labor Department could possibly assess under the law and its regulations.

"This penalty amount is in no way meant to place a value on the tragic loss of life in this case," Sellers said. "Each human life is priceless."

Evergreen Forestry Services and Peter Smith III have a right to request a hearing in order to appeal the Labor Department's enforcement actions in this case. The request for a hearing must be filed within 30 days from the date of the letters issued by the department.

For more information about the provisions of MSPA, call the Department of Labor's toll-free help line at 1-866-4USWAGE (1-866-487-9243), or the Wage and Hour Division's Manchester Office at 603-666-7716.

Information is also available on the Internet at www.wagehour.dol.gov.

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