The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“INTRODUCTION OF THE MSPA CLARIFICATION ACT OF 1999” mentioning the U.S. Dept of Labor was published in the Extensions of Remarks section on pages E1041 on May 20, 1999.
The publication is reproduced in full below:
INTRODUCTION OF THE MSPA CLARIFICATION ACT OF 1999
______
HON. CHARLES T. CANADY
of florida
in the house of representatives
Thursday, May 20, 1999
Mr. CANADY of Florida. Mr. Speaker, America's farming community plays a vital role in the prosperity of the nation. Our growers are facing tremendous challenges as the world economy changes--changes in international competition, environmental stewardship, and providing for the nutritional needs of the planet's growing population. Given these pressures, farmers should not have to contend with government agencies that overstep regulatory boundaries set by Congress. Unfortunately, this is precisely what is happening.
Agriculture is a labor-intensive industry, particularly during the planting and harvesting seasons. This is especially true for specialty crops such as citrus, vegetables, apples, and peaches, which are grown in many different regions of the country. Temporary and migrant workers are critical to meeting the need for farm labor. Congress, through the Migrant and Seasonal Workers Protection Act (MSPA) and other initiatives, created a national standard to ensure safe working conditions for these workers and entrusted enforcement of these laws and regulations, primarily with the Department of Labor.
The need for effective migrant worker protections is well recognized; however, current federal policies are placing an unfair burden upon agricultural employers. In 1997, the Department of Labor issued a new interpretation of the joint employer rule found in MSPA that holds farmers to a stricter standard than other employers. The new regulation is written so broadly that virtually any grower can be classified as a joint employer for liability purposes. This is in spite of several court rulings that struck down the Department's attempts to interpret the joint employer rule in such a fashion. Because the new guidelines would apply to MSPA alone, only agriculture employers are subject to them. This action, combined with overlapping housing regulations, Department of Labor initiatives to classify year-round employees as seasonal workers, onerous federal transportation insurance requirements, and other policies are selectively punitive and unfair to agriculture.
The MSPA Clarification Act, which I am introducing today, seeks to ease the inequitable burden on farmers. The bill would restore the original definition of joint employer and make other common sense changes in the regulatory structure governing agricultural labor. It would clarify that farm workers who enter into voluntary carpool arrangements should not be classified by the Department of Labor as licensed farm labor contractors in violation of MSPA; grant farmers a 10-day grace period in which they may correct MSPA violations; streamline worker housing regulations; and require federal investigators to confer with growers prior to entering the farm operation.
The MSPA Clarification Act does not weaken or do away with the basic protections afforded to migrant workers under MSPA. It merely seeks to provide for a reasonable relationship between growers and the government by returning to the original intent of Congress for MSPA. The legislation is supported by the American Farm Bureau Federation and other agricultural groups from around the country. It has the bipartisan support of many in Congress. I look forward to working with my colleagues to ensure a safe and productive farm workplace through this important piece of legislation.
____________________
