On April 29, 2024, The U.S. Department of Labor published a final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States.” The final rule is effective on June 28, 2024. At this time, the information on this page may not yet reflect the changes implemented by the final rule. The Department is currently reviewing its guidance and will soon update the information on this page, if necessary.
The Wage and Hour Division, along with our agency partners, is committed to farmworker safety, including safe transportation of migrant or seasonal agricultural workers. The resources below include information on minimum standards for compliance with regulations and other applicable federal and state safety standards as well as tips and best practices to increase agricultural worker transportation safety from the Wage and Hour Division and the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA).
The primary mission of the FMCSA is to reduce crashes, injuries, and fatalities involving large trucks and buses.
Driving Tips
FMCSA provides guidance, tips, and best practices for a wide array of transportation safety issues.
- Commercial Motor Vehicle Driving Tips cover driver fatigue and unsafe driving practices
- Driver Distraction Vehicle Driving Tips cover distractions inside and outside of vehicle to be aware of
- FMCSA’s Distracted Driving website outlines the handheld phone ban for commercial drivers
Our Roads, Our Safety Campaign, and Partnership
Road safety is everyone’s responsibility - passenger vehicle drivers, truck drivers, bus drivers, bicyclists, and pedestrians. FMCSA developed Our Roads, Our Safety, a national safety campaign shaped to raise awareness about sharing the road safely with large trucks and buses.
The Our Roads, Our Safety online toolkit includes social media graphics related to distracted driving, and a suite of material to help educate drivers about road safety.
North American Fatigue Management Program (NAFMP)
The purpose of the NAFMP is to address the issue of driver fatigue with a comprehensive approach that includes:
- Information on how to develop a corporate culture that facilitates reduced driver fatigue
- Fatigue management education for drivers, drivers’ families, carrier executives and managers, shippers/receivers, and dispatchers
- Information on sleep disorders screening and treatment
- Driver and trip scheduling information
- Information on Fatigue Management Technologies
The NAFMP is a collaborative initiative to develop a comprehensive, integrated FMP for the commercial motor carrier industry, operating under various regulatory jurisdictions of North America. Partners in this collaborative research project are:
- FMCSA
- Transport Canada
- Alberta Transportation
- Alberta Employment and Immigration
- Commission de la santé et de la sécurité du travail du Québec
- Société de l'assurance automobile du Québec
- Canadian Council of Motor Transport Administrators
FMCSA Registration
FMCSA monitors and ensures compliance with motor carrier safety and commercial regulations for companies transporting products and people. After reviewing FMCSA’s information, companies may find they are subject to registration requirements to obtain a U.S. DOT number and interstate operating authority. The FMCSA registration process requires that companies define the type of business operation they operate or plan to establish. Please see the Getting Started with Registration page for additional information.
Contact FMCSA
For questions or additional information on FMCSA programs, please contact fmcsa.outreach@dot.gov.
The primary mission of the Wage and Hour Division (WHD) is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce.
Migrant and Seasonal Agricultural Worker Protection Act
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) protects migrant and seasonal agricultural workers by establishing employment standards related to:
- Wages
- Housing
- Transportation
- Disclosures
- Recordkeeping
Transportation and Vehicle Safety
WHD enforces motor vehicle safety standards found in 29 CFR Part 500 Subpart D. Specifically, WHD enforces the standards set forth in 29 CFR § 500.104 (referred to as the Department of Labor standards) and in 29 CFR § 500.105 (referred to as the Department of Transportation standards). The criteria for determining whether the standards in 29 CFR § 500.104 or the standards in 29 CFR § 500.105 apply can be found in 29 CFR § 500.102. Separate vehicle inspection forms are available depending on the applicable safety standards.
- Form WH-514 is used when Department of Transportation standards apply.
- Form WH-514a is used when the Department of Labor standards apply.
- Transportation Safety Checklist
WHD’s Fact Sheet #50 and Wage and Hour Advisory Memorandum 2006-1 provide general guidance on transportation requirements and vehicle safety standards under MSPA.
Farm Labor Contractor Registration
In order to legally operate as a farm labor contractor (FLC) or farm labor contractor employee (FLCE) under MSPA, individuals and companies must register with the U.S. Department of Labor. There are special registration requirements for FLCs and FLCEs that intend to house, transport, or drive a migrant or seasonal agricultural worker for a fee or other valuable consideration.
The MSPA Registered Farm Labor Contractor and MSPA Registered Farm Labor Contractor Employee lists contain information for current certificate holders including the name, address, expiration date of the certificate, and whether the FLC or FLCE has been authorized to house workers, use vehicles to transport workers, or drive such vehicles.
Contact WHD
For questions or additional information on MSPA, or to find the nearest Wage and Hour office to contact, please consult the WHD Local Office Directory.