I am writing in regards to the fatal H-2A bus accident that occurred near Little Rock, AR and our concerns about the violations and flaws in the certification process that this accident bring to light. In particular, we are concerned about the NPC’s failure to ensure that the labor contractor was adequately licensed and insured to transport these workers. We seek concrete information as to OFLC’s policies for reviewing H-2ALC’s labor certification applications to ensure compliance with the AWPA regulations regarding registration, transportation and housing. We also seek to raise our concern that DOL has recently certified an application for H-2A workers submitted by Robert Vasquez, the driver at the time of the accident and the brother of the contractor. On November 6, 2015, six H-2A workers from Mexico were killed and several other H-2A workers were injured in an accident in Arkansas. The H-2A employer responsible for transporting the workers, Vasquez Citrus & Hauling, Inc., was certified for 225 H-2A workers in Florida (ETA case # H-300-15072-540929) and Michigan (ETA case # H-300-15072-540929). As described further below, the attached insurance declarations page and the accident report indicate that Vasquez Citrus & Hauling, Inc. violated at least two requirements of the H-2A program. Specifically, Vasquez Citrus & Hauling did not have sufficient liability insurance to comply with the H-2A regulations and used a bus driver who was not properly licensed. Additionally, the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) farm labor contractor registration database indicates that Vasquez Citrus & Hauling, Inc. is not authorized to transport workers and while the driver, Roberto Vasquez, is listed as authorized to drive workers, he doesn’t have a commercial driver’s license. Liability Insurance: The H-2A regulations mandate that “[a]ll employer-provided transportation must comply with all Federal, State and local laws and regulations and must provide, at a minimum, the same transportation safety standards, driver licensure, and vehicle insurance” as required by the AWPA and the AWPA regulations.1 The AWPA regulations require that farm labor contractors that transport workers must obtain at least $100,000 per seat in liability insurance up to $5,000,000 per vehicle (29 CFR 500.120-121).2 The Vasquez Citrus & Hauling, 1 20 CFR 655.122(h)(4) Employer-provided transportation. All employer-provided transportation must comply with all applicable Federal, State or local laws and regulations, and must provide, at a minimum, the same transportation safety standards, driver licensure, and vehicle insurance as required under 29 U.S.C. 1841 and 29 CFR 500.105 and 29 CFR 500.120 to 500.128. If workers' compensation is used to cover transportation, in lieu of vehicle insurance, the employer must either ensure that the workers' compensation covers all travel or that vehicle insurance exists to provide coverage for travel not covered by workers' compensation and they must have property damage insurance. 2 20 CFR 500.121 Coverage and level of insurance required.(a) Except where a liability bond pursuant to § 500.124 of this part has been approved by the Secretary, a farm labor contractor, agricultural employer or agricultural association shall, in order to meet the insurance requirements in § 500.120, obtain a policy of vehicle liability insurance. (b) The amount of vehicle liability insurance shall not be less than $100,000 for each seat in the vehicle, but in no event is the total insurance required to be more than $5,000,000 for any one vehicle. The number of seats in the vehicle shall be determined by reference to § 500.105(b)(3)(vi). See § 500.122 regarding insurance requirements where State workers' compensation coverage is provided. (e) … A farm labor contractor must obtain such a certificate and provide a copy to the Administrator when applying for authorization to transport migrant or seasonal agricultural workers. … Inc. bus was a 40-passenger vehicle only insured for $1,000,000 (see attached insurance declarations page) instead of the required $4,000,000. This failure to have adequate insurance coverage will be devastating to the victims’ families. Licensing: The driver of the bus in the accident was Roberto Vasquez, the brother of Juan Vasquez, the owner of Vasquez Citrus & Hauling. Roberto Vasquez was not properly licensed to drive the bus. According to the police report, Roberto has a non-commercial Michigan driver’s license. Under 29 CFR 500.105(b)(1)(iii)(E), all drivers transporting farmworkers are required to have a valid license qualifying them to operate the type of vehicle in the state where they are licensed.3 Michigan requires that anyone driving a vehicle designed to carry 16 or more passengers have a commercial driver’s license.4 Despite this requirement, Roberto Vasquez is listed as registered to drive in the Wage & Hour Division’s farm labor contractor registry. Neither Vasquez Citrus & Hauling, Inc. nor Roberto Vasquez are registered to transport workers under AWPA. New Applications for H-2A workers: Vasquez Citrus & Hauling, Inc. does not have an H-2A job order listed in iCERT for this year’s Florida citrus harvest; however, Roberto Vasquez, the driver of the bus at the time of the November 6 accident and the brother of the owner of Vasquez Citrus & Hauling, has filed the attached H-2A application, operating as Vasquez Citrus & Vegetable Harvesting. The National Processing Center approved the application on December 17, 2015. The application seeks workers for a roughly equivalent time period as requested by Vasquez Citrus & Hauling, Inc. last year–December 2015 through June 2016—and seeks to house the workers in many of the same housing units as those listed in the Vasquez Citrus & Hauling, Inc. application. In Michigan, Vasquez Citrus & Hauling has begun the application process for 225 H-2A workers: (job order # 6440159). In light of the violations of the transportation requirements, we believe DOL should carefully review this application for compliance with the H-2A requirements, including applicable AWPA regulations. We are deeply troubled by the violations in this case and the long-lasting repercussions they will have on the families of the deceased workers. We urge you to make clear OFLC’s policies for reviewing H-2ALC’s labor certification applications to ensure compliance with the AWPA regulations regarding registration, transportation and housing. The increased use of the H-2A program and the rise in the number of farm labor contractors using the H-2A program make it 3 29 CFR 500.105(b)(1)(iii) Minimum age and experience requirements. No person shall drive, nor shall any person require or permit any person to drive, any motor vehicle unless such person possesses the following minimum qualifications:… (E) Driver's permit. Possession of a valid permit qualifying the driver to operate the type of vehicle driven by him in the jurisdiction by which the permit is issued. 4 See Michigan Commercial Driver’s License Manual, available at https://www.michigan.gov/documents/cdlmanul_16090_7.pdf. urgent that DOL address this issue and have clear procedures and protections in place to ensure that this does not recur. As we mentioned over the phone to James Kessler, we would like to know which Wage & Hour Division office is handling the investigation of this case. Regarding the specific violations in this case, if the Department of Labor finds that Vasquez Citrus & Hauling, Inc. made a material misrepresentation of fact or committed fraud in its application for temporary labor certification, we urge the Department of Labor to seek debarment of Vasquez Citrus & Hauling, Inc. and any future applications by Juan or Roberto Vasquez or those acting in their interest.5 Further, as it conducts its investigation, we believe DOL should seek to access to the H-2ALC’s bond to help remedy the harm suffered by the workers and their families. Finally, we hope that the Wage & Hour Division will cooperate and communicate with counsel for the injured workers or families of the deceased workers throughout its investigation. Thank you for your time and attention to this matter. If you would like to discuss this matter further, please contact Megan Horn Essaheb at 202-800-2518. 5 See 20 CFR 655.182.