Superior Forestry Service Case ID: 1618392

Superior Forestry Service, Inc.
dba: Superior Forestry Service
36462 Highway 27
P.O. Box 25
Tilly, AR 72679-0025

Case File: 2011-297-00273
Case ID: 1618392
Federal Tax ID: 71-0652136

Personnel Manager: Enrique L. Gonzalez
870-496-2442
Employer's Agent: Daniel W. Bremer
Agworks, Inc.
498 W. Marion Ave.
P.O. Box 580
Lake Park, GA 31636
229-559-6879

H-2B NARRATIVE
Reason for Investigation
This case action was conducted as 7E
The investigation sought to determine the compliance status under the H-2B and MSPA provisions.
MODO
The main office for Superior Forestry Service, Inc. is located at 36462 Highway 27, Tilly, Arkansas 72679.
The MODO is the Dallas District Office. The case was associated as instructed (See D-1-a to D-1-c & D-2-a
to D-2-c).
Prior History
WHISARD reports that the company was investigated by the Richmond DO in:




1999 – failed to provide wage statements under MSPA
2000 – no violations
2005 - no violations

Page 1

 Superior Forestry Service Case ID: 1618392

Period of Investigation
The period of investigation focused on the contract length as listed on the Application for Temporary
Employment Certification (TEC) ETA Form 9142 from 03/16/11 to 07/27/11, 12/30/10 to 04/15/11, 10/01/09 to
07/28/10 (C-1-a to C-3-z).
COVERAGE
Nature of the business
Superior Forestry Service, Inc is a farm labor contract employer engaged in reforestation activities such as
tree planting, especially pine seedlings, brush clearing, herbicide application, timber stand improvement, and
corn detasseling. The company began as a partnership in 1980 and it incorporated in August of 1987 in the State
of Arkansas. Since then the company has become the largest commercial forestry contractor in the US with an
annual gross revenue of4
. Michael E. Loup serves as President; Michael H. Foley as Vice President;
Hayley M. Tester as Treasurer/Secretary; and Enrique Gonzalez as Personnel Manager (D-17-f).
During the period of the investigation, the company was certified under 3 separate TECS (C-1-a to C-3-z):
1) ETA Case Number: C-11053-5416
Nature of Temporary Need: Seasonal
Case Status: Certified
Validity Period: 03/16/2011 to 07/27/2011
Number of openings: 4
Job Title: Forest and Conservation Workers
Rate of Pay: 7C, 4 to (optional) 7C, 4
Hours of Work: 40
Overtime: Varies
Overtime Rate: 4

Page 2

 Superior Forestry Service Case ID: 1618392

Place of Employment Information : Section C 7 of the TEC indicates the area of intended employment
to include the following MSA's: Southwest Alabama nonmetropolitan area, Southeast Alabama
nonmetropolitan area, Northwest Alabama nonmetropolitan area, Tuscaloosa, AL, Huntsville, AL,
Pensacola-Ferry Pass-Brent, FL, Northeast Florida nonmetropolitan area, South Georgia nonmetropolitan
area, Columbus, GA-AL, Middle Georgia nonmetropolitan area, East Georgia nonmetropolitan area,
Macon, GA, Albany, GA, South Central Kentucky nonmetropolitan area, Cincinnati-Middletown,
OH-KY-IN, Northwestern Virginia nonmetropolitan area, Southside Virginia nonmetropolitan area,
Virginia Beach-Norfolk-Newport News, VA-NC, Danville, VA, Harrisonburg, VA, Burlington, NC,
Hickory-Lenoir-Morganton, NC, Charlotte-Gastonia-Concord, NC-SC, Northeastern North Carolina
nonmetropolitan area, Western Central North Carolina nonmetropolitan area, Winston-Salem, NC,
Greensboro-High Point, NC, Jacksonville, NC, Greenville, NC, Western North Carolina nonmetropolitan
area, Upper Savannah South Carolina nonmetropolitan area, Anderson, SC, Pee Dee South Carolina
nonmetropolitan area, Charleston-North Charleston, SC, Florence, SC, Low Country South Carolina
nonmetropolitan area, Greenville, SC, Lower Savannah South Carolina nonmetropolitan area, Columbia,
SC.
2) ETA Case Number: C-10362-52844
Nature of Temporary Need: Seasonal
Case Status: Certified
Validity Period: 12/30/2010 to 04/15/2011
Number of openings:4
Job Title: Forest and Conservation Workers
Rate of Pay: 4
Hours of Work: 40
Overtime: Varies
Place of Employment Information : Section C 7 of the TEC indicates that the areas of intended

Page 3

 Superior Forestry Service Case ID: 1618392

employment include: Richmond, VA, Southside Virginia nonmetropolitan area, Upper Eastern Shore
nonmetropolitan area, Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Division,
Virginia Beach-Norfolk-Newport News, VA-NC, Danville, VA, Salisbury, MD.
3) ETA Case Number: C-09175-45325
Nature of Temporary Need: Seasonal
Case Status: Certified
Validity Period: 10/01/2009 to 07/28/2010
Number of openings: 4
Job Title: Forest and Conservation Workers
Rate of Pay: 4
Hours of Work: 40
Overtime: Varies
Place of Employment Information : Section C 7 of the TEC indicates that workers will plant tree seedlings
and perform forestry services in North and South Carolina, Virginia, Maryland, and Delaware.
STATUS OF COMPLIANCE
Attestation 1 – Job Opportunity (20 C.F.R. § 655.22(h)
The job opportunity is a bona fide, full-time temporary position, the qualifications for which are
consistent with the normal and accepted qualifications required by non-H-2B employers in the same or
comparable occupations.
No violations were charged. Subject employer attested in the Application for Temporary Employment
Certification – ETA Form 9142, Appendix B, Section B – 4. that the position being requested is a full-time
position. ETA Form 9142 further states in Section B – 5. that the “Period of Intended Employment” is 03/16/11
to 07/27/11, 12/30/10 to 04/15/11, 10/01/09 to 07/28/10; and under Section F – 2. states that the “Number of
hours of work per week” will be 40.

Page 4

 Superior Forestry Service Case ID: 1618392

An analysis of the company's time and payroll records determined that workers regularly worked over 40 hours
per week (A-0). During the period of employment 03/16/11 to 07/27/11, 12/30/10 to 04/15/11 10/01/09 to
07/28/10 and the SIP of 7/11/09 to 07/01/11, workers were paid on weekly basis. Employee interviews
corroborated that all employees were expected to work overtime as needed (B-1 to B-6).
Attestation 2 – Job Opportunity (20 C.F.R. § 655.22(b))
The job opportunity is not vacant because the former occupants are on strike or locked out in the course
of a labor dispute involving a work stoppage.
No violations were charged. There was no strike/ lockout in effect at Superior Forestry Service. The
company did not seek H-2B certification for a specific job opportunity that was vacant because the
former occupants were on strike/lockout in the course of a labor dispute involving a work stoppage (C3-z-11).
Attestation 3 – Recruitment (20 C.F.R. § 655.22(c))
The job opportunity is open to any qualified U.S. worker regardless of race, color, national origin, age,
sex, religion, handicap, or citizenship, and the employer has conducted the required recruitment, in
accordance with regulations, and has been unsuccessful in locating sufficient numbers of qualified U.S.
applicants for the job opportunity for which certification is sought. Any U.S. workers who applied or
apply for the job were or will be rejected only for lawful, job related reasons, and the employer must
retain records of all rejections.
No violations were charged. Subject employer attested in the Application for Temporary Employment
Certification – ETA Form 9142, Appendix B, Section H – 1. that the name of State Workforce Agency
(SWA) serving the area of intended employment is The Employment Security Commission of North
Carolina and The Virginia Employment Commission; that the start and the end date for the SWA job
order # 10003132 was 01/24/11 to 02/03/11; # 187869 was 11/18/10 to 11/28/10; and # NC 6525869
was 06/08/09 to 06/18/09; and that the name of the Newspaper/Publication where the classified adds
appeared included: The Suffolk News Herald, The Daily Reflector, The Union Daily Times, The
Madison County Carrier, The Clinch County News, The Crittenden Press, The West Alabama
Classifieds, The Richmond Times-Dispatch, The Star Democrat, The Morning Star, The Bedford
Bulletin, The Aiken Standard, and The Fayetteville Observer (D-11-b to D-11-q).
The company provided copies of SWA job listings showing the appropriate PWR indicated on ETA

Page 5

 Superior Forestry Service Case ID: 1618392

Form 9141, including the job duration, and the number of hours of work per week (D-7-b to D-7-z-76).
A “recruitment results log” was also provided, wherein the company documents all the applicant
contacts and whether or not the applicant was hired. Records of all rejections, and the reason as to why
applicants were not hired was also provided (D-8-b to D-9-z-15).
An analysis of the company's records indicated that multiple referrals were made by the corresponding
SWA in response to the various job orders. WHI attempted to contact several American workers who
submitted an application, were offered a job, accepted or turned down the offer. The interviews taken
disclosed no violations. It became apparent that these prospective employees turned down the offer once
they learned that they would have to spend an extended time away from home, were expected to pay for
food, lodging, and transportation to the job sites (B-2, B-4, B-5, B-6).
Attestation 4 – Job Opportunity (20 C.F.R. § 655.22(a))
Offer terms and working conditions normal to U.S. workers similarly employed in the area of
intended employment and are not less favorable than those offered to H-2B workers.
No violations were charged. The investigation did not disclose that the working conditions of US workers and
H-2B workers were disparate. Everyone was paid on a weekly basis. Payroll records indicated that OT hours
were worked regularly by all workers (A-0, B-1, B-3).
Attestation 5 – Required/Offered Wages (20 C.F.R. § 655.22(e))
Offer a wage that equals or exceeds the highest of the prevailing wage, the applicable Federal,
State or local minimum wage and pay the offered wage during the entire period of the approved
Labor Certification.
Employer attested in the Application for Temporary Employment Certification, ETA Form 9142, Section G – 1.,
that the basic rate of pay offered on job order # 10003132 would be from $ 7.35 to $10.38 per hour; $10.02 on job
order #187869; and $12.61 on job order # NC 6525869 (C-1-a to C-3-z).
This attestation states that employer must offer a wage that equals or exceeds the highest prevailing wage, the
applicable Federal, State or local minimum wage. The investigation disclosed that the employer paid a piece
rate of 4
per 1000 seedlings planted correctly or the hourly wage in the area of intended employment,
whichever was higher (A-0, C-1-a to C-3-h).

Page 6

 Superior Forestry Service Case ID: 1618392

Attestation 6 – Job Opportunity (20 C.F.R. § 655.22(a))
The offered wage is not based on commissions, bonuses or other incentives, unless the employer
guarantees a wage paid on a weekly, biweekly, or monthly basis that equals or exceeds the prevailing
wage, or the legal Federal or State minimum wage, which ever is highest.
No violations were charged. The offered wage was not based on commissions or bonuses. However, workers
were offered a piece rate incentive, which exceeded the prevailing wage, the legal Federal or State minimum
wage (A-0, B-1, B-3, C-1-a to C-3-h).
Attestation 7 – Compliance with Other Applicable Laws (20 C.F.R. § 655.22(h))
During the period of employment that is the subject of the TEC, the employer will comply with
applicable Federal, State, and local employment-related laws and regulations, including
employment-related health and safety laws .
No violations were charged. Superior Forestry Service is in compliance with applicable Federal, State, and
local employment-related laws and regulations, including employment-related health and safety laws.
Moreover, workers were paid T1/2 the piece rate or the basic rate when they worked over 40 hrs/wk (A-0, B-1,
B-3, C-3-z-10).
Attestation 8 – Displacement / Layoff (20 C.F.R. § 655.22(i))
The employer has not laid off and will not lay off any similarly employed U.S. worker in the occupation
that is the subject of the Application for Temporary Employment Certification in the area of intended
employment within the period beginning 120 days before the date of need, except where the employer
also attests that it offered the job opportunity that is the subject of the application to those laid off U.S.
workers and the U.S. workers either refused the job opportunity or was rejected for the job opportunity
for lawful, job related reasons .
No violations were charged. Subject employer attested in the Application for Temporary Employment
Certification, ETA Form 9142, Section B – 8, that it has not laid off and will not lay off U.S. workers within the
period beginning 120 days before the date of need of the H-2B workers. Superior Forestry Service did no lay
off any worker within 120 calendar days before the date of need of 03/16/11, 11/18/10, and 10/01/09 (D-10-b to
D-10-d).

Page 7

 Superior Forestry Service Case ID: 1618392

Attestation 9 – Kickbacks Contractor/Recruiter/Attorney/ Agent (20 C.F.R. § 655.22(g)(2) & (j))
The employer and its agents and/or attorneys have not sought or received payment of any kind from the
employee for any activity related to obtaining labor certification, including payment of the employer's
attorneys' fees, application fees, or recruitment costs. Payment includes, but is not limited to, monetary
payments, wage concessions (including deductions from wages, salary, or benefits), kickbacks, bribes,
tributes, in kind payments, and free labor.
No violations were charged. Superior Forestry Service engages Daniel Bremer of AgWorks as an agent to
procure its H-2B workers from Mexico. Bremer files the TEC annually on behalf of the company without
seeking or receiving payment of any kind from the workers for an activity related to obtaining the labor
certification (C-1-c, C-2-c, C-3-c).
Attestation 10 – Separation of Employment Notification (20 C.F.R. § 655.22(m))
Unless the H-2B worker is being sponsored by another subsequent employer, the employer will inform
H-2B workers of the requirement that they leave the U.S. at the end of the period certified by the
Department or separation from the employer whichever is earlier, as required under 20 C.F.R. § 655.35,
and that if dismissed by the employer prior to the end of the period, the employer is liable for return
transportation.
No violations were charged. Superior Forestry Service informed its H-2B workers verbally of the
requirement that they leave the U.S. at the end of the authorized period of stay provided by USCIS or
separation from the employer (B-1, B-3).
There were no H-2B worker employed by Superior Forestry Service that were dismissed before the end of the
authorized period of employment. Therefore the employer was not is liable for the return transportation of the
worker.
Attestation 11 – Separation of Employment Notification (20 C.F.R. § 655.22(f))
Upon the separation from employment of any foreign workers employed under the labor certification
application, if such separation occurs prior to the end date of the employment specified in the application,
the employer will notify the Department and DHS/USCIS in writing or any other method specified of the
separation from employment not later than two workdays after such separation is discovered by the
employer.

Page 8

 Superior Forestry Service Case ID: 1618392

No violations were charged. The H-2B workers employed by Superior Forestry Service worked for the entire
length of the certified period of employment. There was no H-2B employment separation occurring prior to the
end date of employment specified in the TEC, therefore there was no obligation for Superior Forestry Service
to notify ETA and USCIS in writing.
However, the employer documented the separation of domestic workers and notified the respective SWA and
USCIS within 2 workdays of discovering the separation (D-16-b to D-16-z-9).
Attestation 12 – Area of Intended Employment (20 C.F.R. § 655.22(l))
The employer will not place any H-2B workers employed pursuant to this application outside the area of
intended employment listed on the Application for Temporary Employment Certification unless the
employer has obtained a new temporary labor certification from the Department .
No violations were charged. Subject employer attested in the Application for Temporary Employment
Certification, ETA Form 9142, in Section F – c. 1. - that the worksite address will be “Multiple worksites within
Virginia and various states. Subject employer's TEC also states in Section F – c. 7. - that work will be
performed in multiple worksites within an intended area of employment (B-1, B-3, C-1-d, C-2-d, C-3-d).
The investigation did not find out the H-2B workers were instructed to work outside the locations identified on
the TEC.
Attestation 13 – Temporary Need (20 C.F.R. § 655.22(h))
The dates of temporary need, reasons for temporary need, and number of worker positions being
requested for certification have been truly and accurately stated on the application.
No violations were charged. The employer adhered to the terms stated on the TEC. Despite the great number of
workers and worksites, the investigation did not disclose that workers worked outside the “Period of Intended
Employment” or were misinformed of the contract stipulations (B-1, B-3).
Attestation 14 – Secondary / Other Employer Inquiry (20 C.F.R. § 655.22(k))
The employer (job contractor) will not place any H-2B workers employed pursuant to the Application for
Temporary Certification with any other employer or at another employer's worksite unless a bona fide

Page 9

 Superior Forestry Service Case ID: 1618392

inquiry as to whether the other employer has displaced or intends to displace a similarly employed U.S.
worker within the area of intended employment with the period beginning 120 days before and 120 days
after the date of need, the other employer provides written confirmation that it has not so displaced and
does not intend to displace such U.S. worker; and all worksites are listed on the certified Application for
Temporary Employment Certification.
No violations were charged. Superior Forestry Service is not a job contractor and it did not place any
H-2B worker with any other employer or at another employer's worksite during the certified period of
employment.
DISPOSITION
Given the fact that forestry workers move from one location to the next almost on a daily basis, WHI 7C
contacted the company's agent, Daniel Bremer, before the start of the investigation in order to learn
when the H-2B workers would be in Virginia in July 2011. He was informed that 2 crews would be working in
the Farmville area until the 3 rd week in July.
WHIs 7C
and 7C
traveled to the Farmville Motel, located at 1911 West 3rd St., Farmville,
Virginia on July 15, 2011. They met crew 30, which was supervised by 7C
. They proceeded
to interview several workers, inspect the vehicles they used to transport themselves to the work site, and
inspected the room they rented at the motel.
Afterwards, all the contact was made through Bremer. He provided all the documentation requested, albeit with
some delays. He was very helpful and cooperative throughout the investigation.
On 11/23/11, WHI 7C
spoke to him via telephone and informed him that the H-2B investigation
disclosed no violations. However, he was informed that WHI 7C
, as the lead investigator, would contact
him to discuss the MSPA findings. He thanked WHI 7C
for her patience in obtaining all the requested
records, and informed her that his employer, Superior Forestry Service has been audited/investigated several
times by ETA and WHD and no violations have been found. He attributes that to the fact that despite the large
number of H-2B and US workers that the company hires annually, as the agent, he makes sure that all
applicable laws are “followed to a T”.
Publications Provided
H-2B Regulations - 20 CFR, Part 655

Page 10

 Superior Forestry Service Case ID: 1618392

Recommendation
File is being submitted for management review.
7C

Wage Hour Investigators

Employer:
Superior Forestry Service, Inc., dba
Superior Forestry Service
POB 25
Tilly, AR
Enrique Gonzalez, Personnel Mgr
7C

Employer's Agent:
Daniel W. Bremer
Agworks, Inc.
498 W. Marion Avenue
POB 580
Lake Park, GA
7C

MSPA NARRATIVE
COVERAGE
The subject firm is engaged in providing a variety of forestry related services to customers all across the
USA, such as tree planting, brush clearing, timber stand improvement activities and herbicide application.
The subject is currently employing forestry workers on H2B TEC #C-11053-5416 in various locations
within the state of VA for the period of time 3/16/11 to 7/27/11. This was the Apolinar crew (Apolinar is
the crew leader). These employees are engaged in applying herbicide on forest lands under said contract.

Page 11

 Superior Forestry Service Case ID: 1618392

Forestry workers engaged in such activities as mentioned above are subject to MSPA vis the Bresgal
Decision.
The subject firm is engaged in the named activities of hiring, employing and transporting migrant workers
subject to MSPA, and employed under the H2B provisions.
EXEMPTIONS
Sec 4(a)(1) Family Business Exemption is not applicable to the subject employer.
Sec 4(a)(2) Small Business Exemption is not applicable to the subject firm as it has utilized more than 500
man days of labor in the previous four calendar quarters.
Sec 4(a)(3) This exemption does not apply as the subject engaged in the named activities for more than 13
weeks and in more than a 25 mile radius from its home office.
STATUS OF COMPLIANCE
This investigation was initiated as 7E

The WHIs were able to locate the crew of workers at their temporary quarters in Farmville VA on 7/15/11
where they were quartered while engaged in herbicide application on forested property in Mecklenburg
County for the period of time 7/11/11 to7/17/11. According to documents provided by the agent, this crew
was designated as Crew #30 (see EX A-0).
At that time, vehicle inspections were made and interviews were conducted and what records were
available were examined on the spot. The MODO [Speer, Dallas] had indicated in the MODO
instructions that 2 items were of particular interest:
 Disclosure of the transportation fee to the workers.
 Whether or not the vehicle used to transport the workers was also towing a trailer loaded with
“Portable toilets”.

Page 12

 Superior Forestry Service Case ID: 1618392

As to the first issue, it was determined through EE interviews that the charge of $30/week was indeed
disclosed as a condition of employment to the workers, and they stated as much in their interviews (see
EX B, #1-6).
In regards to the second issue, this writer made the vehicle safety inspections accompanied by the crew
leader,7C
. At this time it should be noted for the record that the vehicles and trailers were
not attached at the time they were inspected. One vehicle was a 12 passenger van, which was used to
transport workers; and the other vehicle was the crew leader's POV, a extra-cab pickup truck in which he
indicated that one worker rode with him. The vehicle had a seating capacity of five, but only the crew
leader and one other passenger rode in the vehicle.
When this writer asked the crew leader which vehicle pulled the trailer with the “porta-johns”, he
indicated with his hand that the 15 passenger van did, but again this vehicle and this trailer, even though
lined up as if they had been attached at one time, were not attached at the time of the safety inspection.
This fact [was not/was] verified by interview statement.
This writer conducted vehicle safety inspections of both vehicles under DOT standards as contained in
CFR 29 500.105, since these vehicles were being utilized to transport workers across state lines and on
trips of more than 75 miles.
Both vehicles were found to be in compliance with said DOT vehicle safety standards, and after some
discussion with DD Clark and SE Ag Coordinator7C
(substituting for NE Ag Coordinator 7C
) of
how these vehicles were subject to said part 500.105, it was finally determined that since both vehicles
met the DOT safety standards, there was no violation charged just because they were both utilized to tow
trailers while transporting MSPA covered workers.
Housing Safety inspection:
At the time of the investigation, the workers were being domiciled at a commercial establishment, the
Farmville Motel located at the following address:
Farmville Motel
103 Main Street

Page 13

 Superior Forestry Service Case ID: 1618392

Farmville, VA 23901
434-392-9035
Owner: Satya Narayan
Purnma Corporation
POB 946
Amherst, VA 24521
This establishment was concurrently renting rooms to the workers and to the public at large at the time of
the investigative visit. It operates on a year-round basis, and some occupants are employed by
non-agricultural employers, and were concurrently occupying rooms at the establishment at the same time
as Superior Crew #10. The establishment charged the Superior Crew the same weekly rates for
double-bed rooms as charged to the public, namely $185/week.
The Innkeeper exemption under MSPA Section 203 is granted to Satya Narayan based on the
investigation findings of the above mentioned facts. The rooms in which the workers were domiciled
were inspected under OSHA safety standards (constructed or significantly remodeled after 4/3/80) and no
violations of S&H standards were charged.
DISPOSITION
Based upon the tenor of the comments made by MODO 7C
in his original MODO instructions, this
writer was under the impression that the vehicles used to transport MSPA covered workers in this case
were not to be utilized to tow trailers loaded with either Porta-johns or tools & equipment. This
misconception belongs to this writer alone, and is due to both inexperience in dealing with H2B
reforestation investigations, and also the MODO emphasis on the vehicles & trailers which was not
qualified by introduction of safe operation under DOT safety standards.
Once the H2B portion of the narrative was compete, this writer attempted to contact MODO7C
on
12/19/11 in order to clarify his concerns regarding the matter of the vehicles towing the trailers while
transporting workers, in order to solve any unresolved potential MSPA violations for this practice.
In his original MODO instructions (see EX D-1) he did not mention the reason for his concern, (which

Page 14

 Superior Forestry Service Case ID: 1618392

hinged upon whether or not such vehicles would pass DOT safety standards when inspected). At this
time this writer discovered that7C
was no longer the MODO, and had been replaced by 7C
7C
in the Dallas DO.
This writer discussed the investigation findings with 7C
, who suggested that he consult with DD
7C
Clark and the regional agricultural coordinator
in order to determine if any violations would be
charged. She also mentioned that if a violation were charged in any H2B reforestation(sic) case, then a
JRC must be held with the SOL, but she did not mentioned which one: either Arlington or the SW region
SOL.
This writer discussed these developments with DD Clark on 1/3/12 and it was decided to petition7C
for his opinion, and this writer wrote the memorandum which is enclosed at EX D-2. In the interim,
7C
was absent from duty due to health related matters, and SE Region Ag coordinator 7C
replied in his stead; his reply is enclosed at EX D-3.
The critical matter at hand regarding the issue of the vehicles towing trailers whilst transporting MSPA
covered workers came down to two matters of fact:
Had the pickup truck used to transport workers been modified from its original factory delivered
configuration by the addition of a “cap” fitted to the bed and outfitted to transport workers? (It had
not;) and
Did the vehicle used to transport workers pass inspection under DOT safety standards? (They did.)
These two facts render all other questions/considerations moot in the matter of these vehicles towing
trailers while being used to transport MSPA covered workers. Since the vehicles in question passed the
DOT safety standards inspection, no violations are charged to the subject firm for transportation related
matters. No other violations of MSPA charged to the employer.
A telephone final conference was held with the grower's agent, Daniel Bremer on 1/23/11. Coverage and
exemptions under MSPA had all been previously discussed, and the investigation findings were also
discussed briefly. He agreed to future compliance on behalf of the AGER.
RECOMMENDATIONS

Page 15

 Superior Forestry Service Case ID: 1618392

Recommend that the file be closed at the DO w/o further action.
WHI 7C
For
WHI 7C
1/24/12

e

Page 16