Visa system under review

PORTLAND – The federal visa program for foreign forestry workers is under scrutiny by state labor officials in the wake of an accident that killed 14 Central Americans on their way to jobs clearing brush in a remote area of northern Maine.

Unlike migrant agricultural workers, forestry workers like those who died are not guaranteed housing or transportation to work sites, said Adam Fisher, spokesman for the Maine Department of Labor.

State labor officials will evaluate whether the H-2B visa program, under which about 1,200 logging workers entered Maine this year, offers workers enough protection, Fisher said. It would be up to Congress to determine whether any changes are necessary, he said.

The 10 Hondurans and four Guatemalans who drowned in the Sept. 12 crash lived in Caribou and sometimes spent up to six hours a day commuting to job sites in northern Maine.

Juan Turcios-Matomoros was driving at an estimated 70 mph before the workers’ van plunged off a bridge into the Allagash Wilderness Waterway. It was the worst traffic accident in Maine history.

Gov. Angus King asked the state Department of Labor and Public Safety Department to investigate the circumstances surrounding the accident.

The Labor Department’s inquiry will look at differences in the H-2B program for forestry workers and the H-2A programs through which agriculture and hospitality workers enter the country, Fisher said.

Under the rules for forestry workers, the company that recruited and employed the men, Evergreen Forestry Services, was able to hire foreign workers only after advertising the positions in the United States. Evergreen, based in Sandpoint, Idaho, obtained visas for 332 foreign forestry workers in Maine this year, the Labor Department said.

The Labor Department’s role in the H-2B program is limited to ensuring that American workers are adequately considered for the jobs, he said. The federal Immigration and Naturalization Service issues the visas.

Fisher said the Labor Department’s inquiry is still in its preliminary stages, and he cautioned against jumping to any conclusions. “There could be very legitimate reasons why forestry companies are not required to make these provisions for workers,” he said.

Rep. John Baldacci, D-Maine, said the H-2B program and its enforcement should be evaluated. He expressed specific concerns about current provisions on transportation, housing and wages. “I will encourage appropriate federal officials to conduct this needed review,” Baldacci said.

Meanwhile, the Public Safety Department’s inquiry will focus on the physical circumstances of the crash.

A review of Turcios-Matomoros’ driving record showed he had a valid Maine license, which had been suspended from March to May 2001 for one earlier violation in Connecticut.