| "Employer" does not include a retailer, restaurant__provider | of personal services or any other similar person or entity | that indirectly benefits from the employment of forestry | workers. |
|
| The terms contained in paragraph A must be given the same | meaning as under the Migrant and Seasonal Agricultural Worker | Protection Act, 29 United States Code, Section 1801, et seq. | Decisions under that Act interpreting such terms are entitled | to substantial deference. |
|
| The terms contained in paragraph B must be given the same | meaning as under the Fair Labor Standards Act of 1938, 29 | United States Code, Section 201, et seq. and the child labor | laws from which the term "suffer or permit" is drawn.__ | Decisions under the federal Fair Labor Standards Act and under | appropriate child labor laws interpreting such terms are | entitled to substantial deference. |
|
| | 4.__Permanent residence.__"Permanent residence" has the same | meaning as provided in 29 Code of Federal Regulations, Section | 500.20(p)(2). |
|
| §643.__Transportation of workers |
|
| | 1.__Requirement.__The employer must provide safe | transportation for forestry workers between the worker's home | and the work site each day at no cost to the worker. |
|
| A.__The vehicle used to transport workers must meet the | standards set forth in 29 Code of Federal Regulations, | Section 500.105, regardless of the number of miles | traveled or the type of vehicle used, and must include a | working seat belt for each worker being transported.__Any | vehicle used to transport forestry workers may not have | any apparatus attached to the rear of the vehicle that | interferes with the operation of the rear door.__Equipment | or any other materials may not be attached to or stored in | the vehicle that interferes with the operation of any | doors or windows.__No vehicle other than a bus used to | transport forestry workers shall have more than 10 | passengers, including the driver. |
|
| B.__Any person driving the vehicle must meet the driver | qualifications and must follow the standards for driving | set forth in 29 Code of Federal Regulations, Section | 500.105. |
|
| C.__Each vehicle must be equipped with first aid equipment, a | radio and a satellite telephone that enables the workers to | contact the employer and emergency services if needed.__A | vehicle equipped with such equipment and a driver must be |
|
|