Department of Labor Code and Publications

The US DOL cites their Fact Sheet #63: Application of Federal Labor Laws to Reforestation as the reason they apply the MSPA to wildland fire contractors. In it, there is a statement that reads: “The MSPA applies to any person who solicits, recruits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. The MSPA applies to reforestation workers engaged in predominately manual work (e.g., tree-planting, brush-clearing, pre-commercial thinning, forest fire-fighting) if they otherwise meet the definition of a migrant or seasonal agricultural worker.” 

There are 3 reasons that Fact Sheet #63 does not stipulate that the MSPA applies to wildland fire contractors.  

(1) Wildland fire contractors do not do reforestation work as part of their VIPR agreement obligations. 

(2) The phrase “if they otherwise meet the definition of a migrant or seasonal agricultural worker” is problematic for the DOL argument because this very fact sheet is the reason that they say wildland firefighters otherwise meet the definition of migrant or seasonal agricultural workers. In other words, they otherwise do not meet the definition. 

(3) Fact Sheet #63 also states “This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.” If the Code of Federal Regulations does not contain language applying the MSPA to wildland firefighters, this fact sheet is irrelevant.

Applicability to Wildland Fire 

Fact Sheet #63 – Not Applicable

The full text of Title 29, Part 500 of the Code of Federal Regulations, pertaining to the MSPA, contains no mention of firefighting in any of its forms.

Applicability to Wildland Fire 

Fact Sheet #63 – Not Applicable 

29 CFR 500 – Not Applicable 

The full text of the MSPA law found in Title 29 USC 1801 et seq. also contains no mention of firefighting in any of its forms.

Applicability to Wildland Fire 

Fact Sheet #63 – Not Applicable 

29 CFR 500 – Not Applicable 

29 USC 1801 et seq. – Not Applicable 

If it is the opinion of the DOL that wildland firefighting is agricultural in nature, one would think they would have also applied the H-2A Temporary Agricultural Worker Program for any workers who are not US citizens. The DOL has instead applied the H-2B Temporary Non-Agricultural Worker Program to VIPR contracts. Similarly, if it is the opinion of the DOL that wildland firefighters are forestry workers, the appropriate wage determination for wildland firefighters would be an occupation code and title from Service Contract Act category 08000 Forestry and Logging Occupations. The DOL instead has applied a wage determination for occupation code and title 27070 Firefighter from the category 27000 Protective Service Occupations. This shows clear arbitrary and capricious application of various federal laws to wildland fire contractors.

Applicability to Wildland Fire 

Fact Sheet #63 – Not Applicable 

29 CFR 500 – Not Applicable 

29 USC 1801 et seq. – Not Applicable 

Consistent Application of Agricultural Laws – No Consistency