| | | "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. |
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| | | 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. |
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| | | 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. |
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| | | 4.__Permanent residence.__"Permanent residence" has the same | | meaning as provided in 29 Code of Federal Regulations, Section | | 500.20(p)(2). |
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| | | §643.__Transportation of workers |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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 |
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