[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR500.122]



[Page 40]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 500_MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of 

Contents

 

   Subpart D_Motor Vehicle Safety and Insurance for Transportation of 

Migrant and Seasonal Agricultural Workers, Housing Safety and Health for 

                             Migrant Workers

 

Sec.  500.122  Adjustments in insurance requirements when workers' 

compensation coverage is provided under State law.



    (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]