Transportation Rights: Safe Travel to and From Work Sites

The van's brakes had been grinding for weeks, but the driver kept cramming 20 workers into a vehicle built for 12. No seatbelts. Bald tires. Windows that wouldn't open. Every morning at 4 AM, they bounced down dark rural roads, workers sitting on milk crates and each other's laps, praying they'd make it to the fields alive. Then came the foggy morning when the driver dozed off. The van flipped three times. Six workers died. Fourteen were hospitalized. The tragedy made headlines for a day, then disappeared. But for the families destroyed and survivors permanently disabled, the nightmare continues. What they didn't know—what might have saved lives—was that they had legal rights to safe transportation. The overcrowding was illegal. The vehicle condition violated multiple laws. They could have refused to ride and reported the dangers. Instead, they stayed silent, fearing job loss more than death. This chapter exists to ensure no worker ever has to make that choice again.

Transportation dangers kill more agricultural workers than any other single cause except heat. Every year, thousands of farm workers are injured or killed traveling to and from work sites in unsafe vehicles, with unqualified drivers, in conditions that would horrify most Americans. Yet transportation to work sites isn't just a practical necessity—it's a heavily regulated area where workers have specific, enforceable rights. Whether you're packed into a labor contractor's van, riding in the back of a pickup truck, or driving your own vehicle to distant fields, this chapter will teach you what safety standards apply, how to document violations, and where to get help before tragedy strikes.

Understanding Your Basic Transportation Rights

Federal and state laws protect farm workers during work-related travel:

Department of Transportation (DOT) Rules: When crossing state lines or traveling more than 75 miles: - Vehicle must pass annual inspection - Driver must have commercial license (CDL) - Seatbelts required for every passenger - Insurance minimums must be met - Hours of service limits apply - Vehicle capacity cannot be exceeded OSHA Transportation Standards: - Seats firmly secured for each rider - Protection from weather - Safe entry and exit points - Equipment properly secured - No riders on equipment not designed for passengers - Emergency exit requirements Migrant and Seasonal Worker Protection Act (MSPA): - Vehicle insurance required - Driver authorization necessary - Doctor's certificate for driver - Vehicle must be properly equipped - Passenger limits enforced - Posted regulations in vehicle Your Rights Include: - Refuse unsafe transportation - Report violations without retaliation - Compensation for travel time (in some cases) - Safe vehicles meeting standards - Qualified, rested drivers - Appropriate insurance coverage Emergency Numbers: - Accident Emergency: 911 - Federal Motor Carrier Safety: 1-888-DOT-SAFT (368-7238) - DOL Wage and Hour: 1-866-487-9243 - OSHA Safety: 1-800-321-6742

Step-by-Step Guide: Protecting Yourself During Work Transportation

Safety requires vigilance and action:

Step 1: Inspect Before Riding

Check for: - Working seatbelts for everyone - Current inspection sticker - Proper tires and brakes - Functioning lights - Clear emergency exits - Posted capacity limits

Step 2: Know Your Driver

Verify: - Valid driver's license displayed - Medical certificate current - Driver appears rested/sober - No texting while driving - Following speed limits - Making required stops

Step 3: Document Problems

- Photo vehicle problems - Video overcrowding - Record license plates - Note driver behavior - Track routes/times - Get witness contacts

Step 4: Report Violations

- Tell employer about dangers - File complaint with DOL - Report to DOT if interstate - Contact OSHA for safety issues - Call state authorities - Seek legal help

Step 5: Protect Yourself

- Sit near exits when possible - Wear seatbelts always - Stay alert during travel - Have emergency contacts ready - Know your location - Plan alternatives if needed

Real Examples: Workers Who Fought for Safe Transportation

The California Victory: After a coworker died in a van crash, 30 grape pickers documented the contractor's dangerous vehicles—broken seatbelts, bald tires, overcrowding. They refused to ride and filed complaints. Investigation revealed the contractor had no insurance, no vehicle inspections, and unlicensed drivers. He faced criminal charges, lost his license, and paid $250,000 in fines. Workers won safe transportation and compensation for past dangerous travel. The Florida Organizing Win: Tomato pickers were forced to ride in the back of open trucks, exposed to weather and risk of falling. After documenting injuries and near-misses, workers organized with the Coalition of Immokalee Workers. They won covered vehicles with seats and seatbelts, professional drivers, and payment for travel time. The victory spread across the industry through the Fair Food Program. The Cross-Country Case: H-2A workers traveling from Mexico to North Carolina documented their 36-hour journey in dangerously overcrowded vans with drivers working 20-hour shifts. Video evidence showed workers sleeping on floors and drivers nodding off. The DOT investigation led to the contractor losing operating authority. Workers received compensation and proper buses for future travel. The School Bus Solution: Washington apple workers negotiated to use decommissioned school buses for field transportation. The buses had seats, seatbelts, emergency exits, and regular inspections. Injury rates dropped 90%. The model spread to other farms, proving safe transportation is both possible and practical.

Common Transportation Violations in Agriculture

Recognize these dangerous and illegal practices:

Vehicle Violations: - Overcrowding beyond capacity - Missing or broken seatbelts - Bald or damaged tires - Faulty brakes or steering - No emergency exits - Expired inspections - Makeshift seating - Unsecured cargo with passengers Driver Violations: - No commercial license - Driving while exhausted - Using phone while driving - Under influence of substances - No medical certification - Speeding or reckless driving - Skipping required rest breaks - Falsifying logbooks Operational Violations: - No insurance or inadequate coverage - No vehicle registration - Charging illegal fees for rides - No posted regulations - Failing to maintain vehicles - Using vehicles designed for cargo - No emergency equipment - Retaliation for complaints Payment Issues: - Not paying for travel time - Charging excessive transportation fees - Deducting gas money illegally - Making workers pay for repairs - No compensation for using own vehicle - Charging for mandatory transportation - Hidden transportation costs - Wage deductions for rides

How to Document Transportation Dangers

Evidence saves lives and wins cases:

Vehicle Documentation: - Photograph all angles of vehicle - Close-ups of safety violations - License plate clearly visible - DOT numbers if displayed - Inspection stickers (or lack) - Interior conditions - Count actual passengers - Show overcrowding Driver Documentation: - Note license displayed (or not) - Document driving behavior - Record excessive hours - Video dangerous driving - Track speeds with apps - Note rest breaks taken - Document any impairment - Keep driver communications Route Documentation: - Use GPS to track routes - Record departure/arrival times - Note road conditions - Document weather hazards - Track total hours traveling - Log rest stops (or lack) - Map dangerous routes - Calculate weekly travel time Incident Reports: - Near misses and accidents - Worker injuries during travel - Vehicle breakdowns - Driver fatigue incidents - Weather-related dangers - Mechanical failures - Emergency situations - Witness statements

Free Resources for Transportation Safety

National Resources: - Federal Motor Carrier Safety: 1-888-DOT-SAFT - National Safety Council: 1-800-621-7615 - Farmworker Justice: 202-800-2523 - DOL Transportation Standards: 1-866-487-9243 Regional Support: West Coast: - California Rural Legal Assistance: 1-800-829-0106 - Oregon Law Center: 503-224-4086 - Washington Columbia Legal: 1-800-542-0794 Southeast: - Florida Legal Services: 1-800-343-4414 - North Carolina Legal Aid: 1-866-219-5262 - Georgia Legal Aid: 1-800-822-5391 Southwest: - Texas RioGrande Legal Aid: 1-888-988-9996 - New Mexico Legal Aid: 505-814-5033 - Arizona Legal Aid: 1-800-640-9465 Reporting Agencies: - DOT Safety Violations: www.fmcsa.dot.gov - State Transportation Departments - State Labor Departments - OSHA Regional Offices - Highway Patrol

Frequently Asked Questions About Farm Worker Transportation

Q: Can I be fired for refusing unsafe transportation?

A: No. You have the right to refuse imminent danger. If fired for safety concerns: - Document the unsafe conditions - File retaliation complaint - Seek immediate legal help - You may get job back plus damages - Criminal charges possible against employer

Q: Must my employer provide transportation?

A: Not always, but if they do: - Must meet all safety standards - Cannot profit from providing rides - H-2A employers must provide free transport - Some states have additional requirements - Cannot make transportation mandatory then charge

Q: What if I'm injured during work transportation?

A: Usually covered by workers' compensation: - Report immediately - Seek medical treatment - Document how injury occurred - File workers' comp claim - May have additional legal claims - Get legal consultation

Q: Can they charge me for rides to work?

A: Depends on circumstances: - H-2A: Transportation must be free - If required: Generally cannot charge - Voluntary rides: Limited fees possible - Cannot reduce below minimum wage - Must be actual cost, not profit

Q: What about using my own car for work?

A: Know your rights: - Mileage reimbursement may be required - Insurance issues important - Wear and tear compensation - Cannot require if reduces below minimum wage - Document all work use

Q: Are there special rules for interstate travel?

A: Yes, stricter federal rules apply: - DOT regulations enforced - CDL required for drivers - Hours of service limits - Electronic logging devices - Higher insurance requirements - Federal inspection standards

State-Specific Transportation Protections

California: - Strict vehicle standards - Cal/OSHA enforcement - Mandatory seatbelts - Payment for travel time - Heat protection during transport Florida: - Specific agricultural transport rules - County ordinances may apply - Hurricane evacuation requirements - Shade requirements for open vehicles Oregon: - Comprehensive transport standards - Required safety equipment - Driver training requirements - Strong enforcement mechanisms Texas: - Limited state protections - Federal rules still apply - Some local ordinances - Focus on DOT compliance

Taking Action: Your Transportation Safety Plan

Before Each Ride: □ Count passengers vs seats □ Check seatbelts work □ Look for inspection sticker □ Assess driver condition □ Note emergency exits □ Document any problems □ Have backup plan During Transport: □ Wear seatbelt always □ Stay alert □ Know your location □ Watch driver behavior □ Document violations □ Help others in emergency □ Be ready to act Your Transportation Rights Card:

SAFE RIDE RIGHTS

- Seatbelt for every passenger - Vehicle capacity limits - Licensed, rested driver - Regular inspections - Refuse unsafe transport - No retaliation Red Flags: - Overcrowding - No seatbelts - Tired driver - Bad brakes/tires - No insurance - Retaliation threats

Report to: 1-888-DOT-SAFT

Building a Culture of Transportation Safety

Individual courage creates collective change:

Daily Actions: - Refuse overcrowded vehicles - Document every violation - Support coworkers' safety concerns - Share information about rights - Report dangerous drivers - Demand proper vehicles Organizing Strategies: - Form transportation committees - Negotiate safe transport in contracts - Pool resources for alternatives - Document patterns of violations - File group complaints - Publicize dangers Long-term Solutions: - Push for stronger laws - Support enforcement funding - Create worker cooperatives - Develop community transport - Build political power - Change industry standards

Your Life Is Worth More Than Convenience

The six workers who died in that foggy morning crash were more than statistics. They were parents, children, dreamers, human beings whose lives had infinite value. Their deaths were not accidents—they were preventable tragedies caused by greed, neglect, and workers' lack of knowledge about their rights.

Every day you climb into unsafe transportation, you gamble with your life. Every time you stay silent about violations, you enable future tragedies. But every time you document dangers, refuse unsafe rides, or report violations, you save lives—maybe your own, maybe a coworker's, maybe someone you'll never meet.

The Real Cost of Unsafe Transportation

When workers accept dangerous transportation: - Families lose breadwinners - Children grow up without parents - Survivors face permanent disabilities - Communities lose vital members - Dangerous operators continue - More tragedies become inevitable

But when workers demand safety: - Lives are saved daily - Families stay intact - Injuries decrease dramatically - Bad operators lose licenses - Industry standards improve - Dignity replaces danger

Your Journey Matters

You wake before dawn, leave your family, and travel dangerous roads to feed America. That journey should not cost your life. The vehicle carrying you to work should be as safe as those carrying the food you harvest to market. Your life has no less value than any other traveler on those roads.

The laws exist. The standards are clear. The enforcement mechanisms wait. What's needed is your voice, your documentation, your refusal to accept death as the price of work. Every complaint filed removes dangerous vehicles from roads. Every violation reported saves future lives. Every stand for safety honors those who died needlessly.

Take Action Today: 1. Inspect your transportation 2. Document all violations 3. Know reporting procedures 4. Support coworkers' concerns 5. Refuse imminent dangers 6. Demand dignity in travel Remember: No job is worth dying for on the way to work. No paycheck justifies risking your life in unsafe vehicles. No employer has the right to gamble with your safety to save money. Final Transportation Resources: - Report Unsafe Vehicles: 1-888-DOT-SAFT - File Safety Complaint: www.fmcsa.dot.gov - OSHA Transport Standards: www.osha.gov/agriculture - Legal Help: www.farmworkerjustice.org - Know Your Rights: www.dol.gov/agencies/whd/agriculture/mspa

Your journey to work should be safe. Your return home should be guaranteed. Your life is too valuable to risk in preventable transportation tragedies. Demand safety. Report violations. Come home alive.