(a) If a farm labor contractor, agricultural employer or
agricultural association referred to in Sec. 500.120 is the employer of
a migrant or seasonal agricultural worker for purposes of a State
workers' compensation law and such employer provides workers'
compensation coverage for such worker in the case of bodily injury or
death as provided by such State law, the following adjustments in the
insurance requirements relating to having an insurance policy or
liability bond apply:
(1) Except as provided in Sec. 500.123, no vehicle liability
insurance policy or liability bond shall be required of the employer, if
such worker is transported only under circumstances for which there is
coverage under such State law.
(2) A liability insurance policy or liability bond shall be required
of the employer for circumstances under which coverage for the
transportation of such worker is not provided under such State law.
(b) [Reserved]
(c) A farm labor contractor, agricultural employer or agricultural
association who is the employer of a migrant or seasonal agricultural
worker may evidence the issuance of workers' compensation insurance and
passenger insurance under paragraph (a) of this section by obtaining and
making available upon request to the Department of Labor:
(1) A workers' compensation coverage policy of insurance; and
(2) A certificate of liability insurance covering transportation of
all passengers who are not employees and of workers whose transportation
by the employer is not covered by workers' compensation insurance. See
Sec. 500.121.
(d) In the absence of the insurance certificate referred to under
paragraph (c)(2) of this section, the Department of Labor will look to
the actual policy of insurance or liability bond in determining
compliance with the Act and these regulations.
[48 FR 36741, Aug. 12, 1983, as amended at 56 FR 30327, July 2, 1991; 61
FR 24866, May 16, 1996]
