LD 1380
pg. 9
Page 8 of 10 An Act To Promote Safety and Fair Labor Practices for Forestry Workers Page 10 of 10
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LR 266
Item 1

 
This bill enacts provisions to protect forestry workers from
unsafe, unhealthy or unfair working conditions. The bill
applies to workers engaged on a temporary or seasonal basis to
perform reforestation activities, such as clearing brush and
thinning and planting trees.

 
The bill defines "employer" to ensure that all persons and
entities that directly benefit from the labor performed by
forestry workers are simultaneously and jointly responsible
for the decent treatment of workers. The current practice of
using contracting and subcontracting mechanisms can have the
effect of causing some business owners and managers to avoid
responsibility for the treatment of the workers in their
business operations. That lack of responsibility can lead to
substandard conditions that harm workers and also result in
unfair competition for the businesses that do pay the costs
associated with accepting responsibility for complying with
labor laws. The definition of "employer" in this bill
prevents the shifting of responsibility for fair treatment.

 
The bill requires the employer to provide and pay for
protective clothing and gear and the equipment necessary to
perform the work.

 
The bill also requires employers to provide safe
transportation to the work site, at no cost to the worker, and
requires that the transportation meet the standards provided
in the federal Migrant and Seasonal Agricultural Worker
Protection Act. It provides additional standards, including a
requirement for seat belts, first aid kits and emergency
communication equipment. It limits the amount of time a
worker can drive and prohibits use of vehicles, other than
buses, that carry more than 10 persons. It requires a certain
level of insurance coverage.

 
The bill also requires employers to offer housing near the
work site to any forestry worker whose permanent residence is
more than 50 miles from the work site. It prohibits the
employer or any other person from selling goods or services to
workers in employer-provided housing for an amount that
constitutes an unjust or unreasonable profit. The bill
requires the employer to ensure that workers residing in
employer-provided housing have the right to receive visitors
and that visitors have access to roadways used to reach the
housing. The decision in State v. DeCoster, 653 A.2d 891 (Me.
1995), makes it clear that farm workers who live in employer-
provided housing are considered tenants under Maine law and
have the same rights as all other tenants to invite and
receive visitors. This bill is not intended to modify or
affect the court's decision in State v. DeCoster in any way,
but is rather intended to ensure that access is guaranteed
even though visitors must utilize private roadways,


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