HAZARD
Cherie Berry, Commissioner of Labor
1- 800- 625- 2267 􀂊 www. nclabor. com
Fatal Event: In September 2008 a farmworker was killed
and four others were seriously injured as a result of a traffic
accident on N. C. Highway 11.
Investigative Findings: The farmworkers, the majority of
whom were H- 2A workers, were passengers in a farm truck
and were being transported from tobacco barns to work in a
tobacco field when the crash occurred. The farm truck was
also towing two empty tobacco trailers. The driver of the farm
truck, a local resident with a North Carolina driver’s license,
turned from a state road onto Highway 11, traveling north.
An 18- wheel tractor- trailer driven by a North Carolina resident
with a North Carolina driver’s license was also traveling north
on Highway 11 and came up behind the farm truck. As the
driver of the farm truck continued on Highway 11, he moved
to turn left. At the same time, the tractor- trailer crossed over
the double yellow lines into the opposite lane of travel on the
two- lane road while attempting to pass the farm truck. The
tractor- trailer crashed into the farm truck. Five passengers riding
in the truck bed were thrown from the vehicle on impact. One
farm worker was killed instantly, and four others were seriously
injured and airlifted to area hospitals. The three employees in
the cab of the farm truck, including the driver, sustained minor
injuries. The N. C. Highway Patrol investigated the crash and
considered citations for the driver of the tractor- trailer for
improper passing.
In reviewing the crash, the N. C. Department of Labor noted
that seat belts were not provided in the bed of the farm truck, nor
were seats secured to the floor of the truck bed. The Migrant
and Seasonal Agricultural Worker Protection Act ( MSPA) ( 29
CFR 500), enforced by the Wage and Hour Division of the
U. S. Department of Labor, requires that all those transporting
farmworkers be aware of and be in compliance with provisions
governing transportation of farmworkers. H- 2A workers are
exempt from the protections of MSPA.
Recommendations:
The N. C. Department of Labor recommends that all agricultural
businesses re- evaluate their current methods of transporting
employees to ensure that passengers are adequately protected.
1. NCDOL recommends using MSPA transportation
requirements as a guideline. These recommendations cover
buses, passenger automobiles, multipurpose passenger
vehicles, pick- up trucks, vans, trailers, semi- trailers, truck
tractors and low speed vehicles. They include, but are not
limited to, the following:
If used to transport workers, the vehicle must be provided
with seats that are bolted securely to the floor.
Seat belts must be available for all riders.
Division of Occupational Safety and Health
1101 Mail Service Center; Raleigh, NC 27699- 1101
Traffic and Transportation Safety for Agriculture Industry
Passenger side view of the truck.
Driver side view of the truck. Notice the damage at the rear of the truck bed.
Pick- up trucks subject to DOT standards are not allowed
to tow trailers while transporting workers.
It is the responsibility of the vehicle owner/ operator to
ensure that the vehicle used to transport workers is properly
insured against liability for damage against people and
property.
The minimum age of a farm vehicle driver transporting
passengers is 21.
Brake lights and turn signals must be visible.
Use flashing lights if slow moving. See MSPAregulations
for more specific guidelines on coverage.
2. NCDOL recommends that slow moving vehicle signs be
placed on all farm equipment whose speed does not exceed
25 mph and are driven on state roads ( 29 CFR
1910.145( d)( 10)).
3. NCDOL recommends that farm employees driving farm
equipment have a valid North Carolina driver’s license
and comply with all traffic laws.
Employers need to maintain all farm equipment and ensure
that it is working properly in accordance to the manufacturer’s
guidelines.
All licensed farm vehicles need to be maintained and
inspected annually by a certified North Carolina inspector
to ensure proper operation.
All farm vehicle brakes, brake lights, head lights and signals
need to be in proper working order.
4. NCDOL recommends agricultural cargo be contained,
immobilized or secured to prevent shifting within the
vehicle to such an extent that the vehicle’s stability or
maneuverability is adversely affected ( 49 CFR 393.100).
Documents referenced can be obtained by phoning the
Agricultural Safety and Health office at ( 919) 807- 2923 or by
referencing the following Internet sites:
www. osha. gov
www. nclabor. com
www. dol. gov/ compliance/ laws/ comp- msawpa. htm
Printed 4/ 10 2,000 copies of this public document were printed at a cost of $ 120, or $. 06 per copy.
To ensure the safety of farmworkers, look for these signs and proceed with caution when traveling through rural areas.
Farm Machinery
This sign will be visible
on rural roadsides.
Slow- moving Vehicle
This sign will be visible
on farm equipment.
Drive safely in rural areas
and stay alert near
moving farm machinery.