[Congressional Record Volume 141, Number 165 (Tuesday, October 24, 1995)]
[House]
[Pages H10661-H10667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       FAIR LABOR STANDARDS ACT REVISIONS REGARDING PAPER BALERS

  The Clerk called the bill (H.R. 1114) to authorize minors who are 
under the child labor provisions of the Fair Labor Standards Act of 
1938 and who are under 18 years of age to load materials into balers 
and compacters that meet appropriate American National Standards 
Institute design safety standards.
  The Clerk read the bill, as follows:

                               H.R. 1114

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AUTHORITY FOR 16 AND 17 YEAR OLDS TO LOAD 
                   MATERIALS INTO BALERS AND COMPACTORS.

       In the administration of the child labor provisions of the 
     Fair Labor Standards Act of 1938, individuals who are 16 and 
     17 years of age shall be permitted to load materials into 
     cardboard balers and compactors that are safe for the 16 and 
     17 year olds loading the equipment and which cannot operate 
     while being loaded. for purposes of this section, such balers 
     and compactors shall be considered safe for 16 and 17 year 
     olds loading such equipment if they are in compliance with 
     the most current safety standard established by the American 
     National Standards Institute.


    amendment in the nature of a substitute offered by mr. goodling

  Mr. GOODLING. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Goodling:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. AUTHORITY FOR 16 AND 17 YEAR OLDS TO LOAD 
                   MATERIALS INTO SCRAP PAPER BALERS AND PAPER BOX 
                   COMPACTORS.

       (a) General Rule.--In the administration and enforcement of 
     the child labor provisions of the Fair Labor Standards Act of 
     1938, employees who are 16 and 17 years of age shall be 
     permitted to load materials, but not operate or unload 
     materials, into scrap paper balers and paper box compactors--
       (1) that are safe for 16 and 17 year old employees loading 
     the scrap paper balers or paper box compactors, and
       (2) that cannot operate while being loaded.
       (b) Definition.--For purposes of subsection (a), scrap 
     paper balers and paper box compactors shall be considered 
     safe for 16 or 17 year old employees to load only if--
       (1) such scrap paper balers and paper box compactors are in 
     compliance with the current safety standard established by 
     the American National Standards Institute;
       (2) such scrap paper balers and paper box compactors 
     include an on-off switch incorporating a keylock or other 
     system and the control of such system is maintained in the 
     custody of employees who are 18 years of age or older;
       (3) the on-off switch of such scrap paper balers and paper 
     box compactors is maintained in an off condition when such 
     scrap paper balers and paper box compactors are not in 
     operation; and
       (4) the employer of 16 and 17 year old employees provides 
     notice, and posts a notice, on such scrap paper balers and 
     paper box compactors stating that--
       (A) such scrap paper balers and paper box compactors meet 
     the current safety standard established by the American 
     National Standards Institute;
       (B) 16 and 17 year old employees may only load such scrap 
     paper balers and paper box compactors; and
       (C) any employee under the age of 18 may not operate or 
     unload such scrap paper balers and paper box compactors.
     
[[Page H 10662]]


     SEC. 2. CONSTRUCTION.

       Section 1 is not to be construed as affecting the exemption 
     for apprentices and student learners published at 29 Code of 
     Federal Regulations 570.63.

  Mr. GOODLING (during the reading). Mr. Speaker, I ask unanimous 
consent that the amendment in the nature of a substitute be considered 
as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania [Mr. Goodling] will be recognized for 30 minutes, and the 
gentleman from New York [Mr. Owens] will be recognized for 30 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. Goodling].
  Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1114 partially reverses Hazardous Occupation Order 
12 [HO 12]. Hazardous occupational orders have been issued by the 
Department of Labor under the authority of the Fair Labor Standards 
Act. HO 12 was issued by the Department of Labor in 1954. Under HO 12, 
minors under the age of 18 may not load or operate any paper baler or 
compactor.

  Again, I want to emphasize to my colleagues that HO 12 was issued in 
1954, when paper balers and compactors were significantly more 
hazardous machines than the state of the art machines being built 
today.
  H.R. 1114 would create an exception to HO 12 by allowing 16 and 17 
year olds to load, but not operate or unload, paper balers and 
compactors that meet certain safety standards. As passed by the 
Opportunities Committee on July 20, 1995, H.R. 1114 specified that 16 
and 17 year olds would be permitted to load only those paper balers 
that meet the current standards for such equipment issued by the 
American National Standards Institute [ANSI], a private standards-
setting organization. It also specified that such machines must be 
designed and maintained so as to prevent their operation while they are 
being loaded. In other words, when the loading door is open, the 
machine cannot operate. The exception to HO 12 applies only to those 
machines.
  Subsequent to the committee's markup several additional protections 
were agreed to, and are included in the substitute which I am offering 
today. The substitute provides that 16 and 17 year olds would be 
permitted to load, but not to operate or unload, a paper baler or paper 
compactor, provided that all of the following are met:
  First, the equipment meets the current ANSI standard;
  Second, the equipment includes an on-off switch with some type of 
locking system, control of which is kept in the custody of a person 
over the age of 18;
  Third the on-off switch is maintained in an off position when the 
machine is not being operated; and
  Fourth, the employer provides notice and posts notice on the machine 
that the machine meets the ANSI standard, that 16 and 17 year olds may 
only load the equipment, and that no employee under age 18 may operate 
or unload the equipment.
  Mr. Speaker, the bill before us is a reasonable resolution and 
correction for the current overly rigid regulation that flatly 
prohibits 16 or 17 year olds from loading boxes into paper balers, no 
matter how safe those balers or compactors are. Unlike that current 
rigid regulation, the legislation takes into account the advances in 
technology that have made these machines safe, specifically provides 
that the machine cannot be operated while being loaded, and it will 
encourage more employers to put the newer and safe technology into 
their workplaces. The opponents of the legislation say that people are 
still being injured by paper balers, but there is no evidence that 
those injuries and accidents are occurring on machines that meet the 
standards specified this legislation.
  I urge my colleagues to support the substitute and that I am offering 
today.

                              {time}  1545

  Mr. Speaker, I reserve the balance of my time.
  Mr. OWENS, Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in opposition to H.R. 1114. While the amendment 
offered by the gentleman from Pennsylvania [Mr. Goodling] is an 
improvement upon the bill as reported by committee, there are still 
reasons to be concerned about this legislation.
  First, this legislation may not adequately protect the safety of 
minors. Current regulations applicable to balers and compactors, 
commonly referred to as H.O. 12, prohibit minors from being employed to 
load, operate, or unload balers or compactors. The effect of H.O. 12 is 
to eliminate any occupational justification for a minor to otherwise be 
in the vicinity of a baler or compactor when it is operating. The 
amendment before us permits 16 and 17-year-olds to load balers and 
compactors in certain circumstances. As a consequence, a 16 and 17-
year-old is now likely to be the closest person to the machine when it 
is operating. If the machine malfunctions, it is the minor who is 
likely to be at greatest risk.
  The corrections calendar is a wholly inappropriate forum in which to 
consider this legislation. The purpose of corrections day is supposed 
to be to repeal senseless or silly regulations. The contention that 
hazardous occupation order number 12, which is intended to protect the 
safety of minors, is either senseless or silly is both inappropriate 
and false. There were six fatalities involving paper baling machines 
between 1993 and 1995. Further, while I firmly believe H.O. 12 has 
saved lives, minors have been seriously injured and killed by these 
machines.
  Typically, a stock clerk will take shopping carts full of boxes back 
to the baler or compactor to be crushed. The clerk will load the boxes 
into the baler or compactor. At the point that the loading bin of the 
baler or compactor is full, an adult operator will cause the door to 
the loading bin to be closed, unlock the ignition, and engage the ram 
or plunger to crush the boxes in the loading bin.
  A machine in compliance with current American National Standards 
Institute [ANSI] standards and this legislation must have an interlock 
device, a mechanical device intended to prevent the ram from 
functioning unless the loading bin door is completely closed. However, 
interlock devices are not fail-safe and, as OSHA citations have 
demonstrated, are known to malfunction. Most injuries associated with 
these machines occur when the loading bin door fails to close 
completely, the ram or plunger operates anyway, and an employee gets 
caught by the ram because the employee reached into the machine to 
clear a jam or ensure a box is fully inside the loading bin. As a 
result of this legislation, the individual most likely to reach into 
the machine in the event the interlock device malfunctions may be the 
16- or 17-year-old stock clerk.

  I had sought a provision in the legislation requiring employers to 
take reasonable steps to ensure that 16- and 17-year-olds remain at an 
arm's length distance, 3 feet, from the machine when it is in 
operation. Such a requirement would have addressed the most serious 
safety concern raised by this legislation. The failure of this 
legislation to include a requirement to remain 3 feet from the machine 
when it is in operation needlessly increases the risk of minors being 
grievously injured or killed.
  While my most serious concern about the legislation is the potential 
risk of serious injury or death to minors, I have additional 
reservations regarding the legislation. The amendment appears to 
unconstitutionally delegate governmental authority to a private 
organization, the American National Standards Institute, or ANSI. Under 
this legislation, a machine is deemed safe so long as it is in 
compliance with whatever the then current ANSI standards applicable to 
balers and compactors happen to be. In other words, this legislation 
delegates to ANSI, a private organization, sole regulatory authority to 
determine what is a safe baler or compactor for 16- and 17-year-olds to 
load. The provisions of the Administrative Procedures Act and other 
laws intended to ensure that regulations are developed fairly and 
openly are effectively circumvented.
  In addition, whereas current regulations provide clear and easily 
understood obligations on employers, this new legislation does not. 
H.R. 1114 purports to permit employers to allow 16- and 17-year-olds to 
load balers and compactors, but only if the machine is 

[[Page H 10663]]
in full compliance with ANSI standards. Compared to government 
regulations, ANSI standards are both broader and more prescriptive than 
those typically adopted by agencies. However, at the same time, because 
legal liability typically does not directly depend upon compliance with 
voluntary standards, ANSI standards are more vague and less precise 
than agency regulations.

  In order to comply with this legislation and use minors to load 
balers and compactors, an employer must comply with, and the Department 
of Labor must ascertain compliance with, cumbersome requirements that 
are not directly related to the safety of workers. At a time when 
agency resources are being cut, this legislation increases enforcement 
burdens on the Department of Labor.
  More importantly, because of the vague and uncertain requirements 
contained in the ANSI standards, an employer, despite good faith 
efforts, will have difficulty determining with certainty weather or not 
he or she has met the requirements of the legislation. Far from 
immunizing employers from enforcement vagaries, this legislation only 
increases them. Further, because compliance is now dependent upon the 
state of the machine at the time a minor loads it, this bill also 
potentially increases the liabilities for noncompliance. That is, a 
violation will now occur each and every time a minor loads a machine 
that is not in full compliance with ANSI standards. Finally, the 
failure of the legislation to provide any regulatory authority to any 
government agency, or anyone outside of ANSI, means the Department of 
Labor cannot specify permissible activity for employers. Particularly 
where employee safety is at issue, it is in no one's interest to enact 
a statute imposing confusing and imprecise requirements.
  I have never contended that it is not possible to craft legislation 
permitting minors to load balers and compactors in a manner that both 
clearly states the obligation of employers and fully states the 
obligations of employers and fully protects the safety of workers. My 
concern with the bill before us is that it does not adequately do 
either. Therefore, I oppose H.R. 1114.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOODLING. Mr. Speaker, I yield 2 minutes to the gentleman from 
Illinois [Mr. Ewing], who was very active in bringing this legislation 
before us.
  (Mr. EWING asked and was given permission to revise and extend his 
remarks.)
  Mr. EWING. Mr. Speaker, I would like to thank Chairman Goodling for 
his assistance in passing this legislation through his committee and 
bringing it to the floor today. I would like to thank my colleagues 
Larry Combest, whom I have worked closely with over nearly 3 years to 
resolve this issue, and Rob Andrews, who was instrumental in helping to 
bring labor and management together to address concerns raised by both 
sides.
  Many of my colleagues are aware that the Labor Department in its 
enforcement of H.O. 12 has been levying fines on grocery store owners 
of up to $10,000 per violation because teenage employees merely tossed 
empty boxes into paper balers.
  Many of us have visited grocery stores in our district and have seen 
how safe the modern machines are. It is impossible to load a modern 
machine when it is operating. These machines include an on-off switch, 
a key lock, and a lift gate which must be completely closed before the 
machine may operate. When the gate is lifted the slightest bit, the 
machine automatically shuts down. In order to load the machine, the 
machine must be shut down, non-operable, dormant.
  The Labor Department, in my opinion, has misused their power by 
fining grocers huge amounts of money for a casual violation, when there 
is not a real safety concern. This is an example of what has become a 
hated symbol of excessive and needless government regulation. For 
example, I recently heard from a chain of stores which was requested by 
the Department to pay over $500,000 for H.O. 12 violations. To arrive 
at that figure, the Department tracked down isolated violations of H.O. 
12 during their investigation of a small number of the chain's stores, 
asked some employees if they had ever thrown some items into a company 
paper baler, thereby a technical violation of H.O. 12, then multiplied 
that number by the number of stores the chain owned to come up with the 
fine. This chain did not have a single injury involving a paper baler 
in any of their stores.

  Our legislation brings a common-sense approach to this regulation and 
I think it is extremely reasonable. We allow 16- and 17-year-olds to 
load machines meeting the modern safety features, but not to operate or 
unload any paper balers, even the modern ones.
  We require that grocers wishing to allow teenagers to load balers 
always maintain the most modern machines and therefore provide an 
important incentive for grocers to get rid of the old, potentially 
dangerous machines that are out there. This is the best way to enhance 
the safety of all workers.
  We worked very hard to accommodate the concerns raised by the 
minority members of this Committee and the United Food and Commercial 
Worker's Union.
  In fact, the manager's amendment which has been offered would make 
nine major changes to the original legislation which we wrote. Every 
single one of these provisions were requested by labor union 
representatives. For example, under this amendment, we explicitly 
require that machines to be loaded by 16- and 17-year-olds must not be 
operable while being loaded, we require them to have a key-lock system 
and that the key be maintained in the custody of adult employees. We 
also require employers to provide notice to employees that the machine 
meets current ANSI standards and post notice on the machine that this 
is the case and that the teenage employees are therefore permitted to 
load, but not operate or unload the machines.

  We believe that we have accommodated every reasonable request made by 
all the parties interested in this issue.
  Mr. Speaker, the American people want us to put an end to government 
policies which kill jobs and harm small businesses without any benefit 
to worker safety. The Labor Department's policies on paper balers is a 
perfect example of why people are so frustrated. I want to thank 
Speaker Gingrich for establishing this corrections day process which 
provides us an opportunity to alter this outdated and costly 
regulation.
  Mr. OWENS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New Jersey [Mr. Andrews].
  (Mr. ANDREWS asked and was given permission to revise and extend his 
remarks.)
  Mr. ANDREWS. Mr. Speaker, I thank the ranking member of the 
subcommittee for yielding me the time. I thank him and the staff for 
their outstanding cooperation throughout this process in trying to 
improve this bill.
  Mr. Speaker, with all due respect to my friend, I rise in support of 
the bill. It has been a long-standing tradition in our country that 
very often someone's first job was in a grocery store or a supermarket. 
It is a way that they helped to pay their way through school or help 
their family meet its family obligations. That is a tradition that I 
think we should support and promote, and that is what we are doing by 
this legislation today.
  I would not support this legislation if I thought it was going to 
take jobs away from full-time adult workers. I do not believe there is 
any evidence that says that it does. Nor would I support this 
legislation if I thought that it raised significant risks of safety 
hazards to younger workers. I believe it does not for the following 
reasons:
  First of all, it is very important to note that this statute, this 
bill, does not permit minors to engage in operating or unloading a 
paper baler or compactor, a cardboard compactor. It only permits the 
minor, 16 or 17-year-old, to engage in the practice of loading the 
cardboard baler or cardboard compactor.
  Second, it is important to note that any compactor or baler, to be in 
compliance with this law, must meet these standards that are set forth 
by the national organization. I believe that national organization has 
every vested and appropriate interest in making sure that the standards 
are very high and the standards will, in fact, protect people using the 
machine.
  Finally, it is very important to note that each of these balers and 
compactors, to be in compliance with this bill, must have a locking 
device. The locking device must be in the locked position before the 
minor may load the baler or compactor, and the key that 

[[Page H 10664]]
would activate the machine must be in the custody of an adult who is 
supervising the minor worker.
  In short, I think that this legislation is common sense, I think it 
is sensible, I think it has very excellent safeguards for the young 
workers who are involved, and I believe it helps us to continue that 
tradition of a young person, a 16 of 17-year-old, getting his or her 
first job in the supermarket or the grocery store.
  I thank the majority staff, the chairman and subcommittee chairman 
for their work on this. Again, I thank our ranking subcommittee member 
for his cooperation and his staff's cooperation. I support the measure. 
I urge its adoption.
  Mr. GOODLING. Mr. Speaker, I yield the balance of my time to the 
gentleman from North Carolina [Mr. Ballenger], and I ask unanimous 
consent that he be permitted to control that time.
  The SPEAKER pro tempore (Mr. Foley). Is there objection to the 
request of the gentleman from Pennsylvania?
  There was no objection.
  Mr. BALLENGER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Maryland [Mr. Ehrlich].
  (Mr. EHRLICH asked and was given permission to revise and extend his 
remarks.)
  Mr. EHRLICH. Mr. Speaker, I rise in strong support of H.R. 1114, the 
Ewing-Combest bill, which will bring about one modest but long overdue 
change to a 1954 Labor Department regulation. This bill will bring 
fairness and good dose of common sense to a 40-year-old child labor law 
clearly out of step with today's workplace technology.
  In 1954, the Department of Labor issued an order to prohibit minors 
from working in occupations involving the operation of power-driven 
paper product machines, including the cardboard balers and compactors. 
These balers are primarily found in supermarkets and grocery stores.
  This order was issued more than 40 years ago, and despite the 
advancement in safety standards, designs, and mechanisms made since 
then, it is still enforced. Regulations are necessary, but they must 
reflect the safety technology currently in use in the workplace. The 
prohibition does not embrace or promote safety standards. It simply 
prohibits minors from loading materials into a baler, even balers which 
meet the highest standards of safety in the industry.
  An employer can be fined as much as $10,000 for a violation of this 
order. Some companies have even been fined as much as $250,000--
clearly, an excessive burden to small businesses where there is no 
longer a safety threat. Since 1989, the Department of Labor, has 
assessed an estimated $6 million against employers.
  Does it make sense to penalize employers when there is no longer a 
risk to the young worker? As a result many food retailers no longer 
hire young people or have to cut back on the number of jobs offered to 
teenagers. If I owned a grocery store making a net profit of less than 
a penny on the dollar--the industry average--would I hire young people 
and run the risk of a $10,000 fine from the Labor Department? Of course 
not, it would not be worth it.
  Mr. Speaker, on August 8, upon the request of a constituent, Harold 
Graul, I visited Graul's, a small, family owned supermarket which is 
the mainstay of a northern Baltimore County community within my 
district. Graul's is a typical, locally owned business which tries to 
reach out to its community and give young people their first job 
opportunity. Graul's baler is a modern piece of equipment with up-to-
date safety devices. Harold Graul, the proprietor, has no intention of 
expecting his young employees to operate this machinery. However, he 
would like to be able to allow 16- and 17-year-old employees to just 
toss cardboard into a machine, which isn't even turned on at the time. 
He would like to avoid unreasonable fines for having cardboard tossed 
into what is essentially a glorified trash bin.
  It was this visit which clearly illustrated to me how mistakes made 
here in Washington can reach all the way out to my congressional 
district and have a real effect on the small businessman and even a 
teenager.
  Let me add that--this problem is by no means limited to the small 
markets--many large-volume grocers, such as Giant, Mars, Santoni's, are 
equally adversely impacted.
  Mr. Speaker, the sad thing about this whole issue is that because of 
large fines against grocery stores, job opportunities for young people 
have been curtailed significantly in recent years to the extent that 
some grocers no longer hire anybody under 18 yeas of age.
  Lawmaking is simply not the means to which the Federal Government 
must aspire to anticipate with precision every possible situation, 
obligation, and exception. Laws and regulations must be built upon a 
foundation of practicality and common sense.
  Corrections day is precisely a vehicle which will push the kind of 
change Americans demanded last November. Corrections day will prove 
that changes can take place, corrections can be put into force quickly, 
and Federal Government can remove burdens from individuals, families, 
and small businesses.
  Mr. Speaker, let's correct this bureaucratic mess. Let's reform 
Hazardous Occupation Order No. 12, and let's be fair to both 
supermarket employers and young people who want job opportunities. We 
can all do this enacting H.R. 1114. I urge my colleagues to vote for 
this common sense legislation.

                              {time}  1600

  Mr. OWENS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Minnesota [Mr. Peterson].
  Mr. PETERSON of Minnesota. Mr. Speaker, I am pleased to be here today 
in support of the manager's amendment to H.R. 1114, which will revise 
the Federal Department of Labor's Hazardous Occupation Order No. 12.
  Mr. Speaker, this legislation is somewhat unusual by congressional 
standards. It delivers a common sense solution to a real world problem. 
Furthermore, it was developed in a collegial and bipartisan manner with 
input from all concerned parties. No one walked away from the table, no 
one refused to work in good faith, and in the end a consensus was 
reached.
  Mr. Andrews, Mr. Ewing, Mr. Combest, and Chairman Goodling are all to 
be commended for their work on this legislation. Their efforts should 
set the standard by which we develop all future corrections day 
legislation.
  For Members on my side of the isle I would note that H.R. 1114 was 
developed with the full participation of the United Food and Commercial 
Workers, and they are not actively opposed to this legislation.
  To put it simply, H.R. 1114 will allow 16- and 17-year-old grocery 
store employees to throw cardboard boxes into a compacting or baling 
machine. The only time that this will be allowed is when the doors to 
the machine are locked open, and the machine itself is turned off with 
the key removed and in the possession of an adult supervisor. In 
addition, the machines themselves will be required to meet the most 
current design safety standards of the American National Standards 
Institute. That's it.
  The bill will not damage current standards for workplace safety in 
the retail food marketing industry. But it will eliminate an 
unnecessary regulatory burden on employers in the retail grocery 
business who often provide that important first job to 16- and 17-year-
old young men and women in all of our home towns.
  The manager's amendment to H.R. 1114 addresses all of the pertinent 
safety questions satisfactorily. It will insure maintenance of a 
rational workplace safety standard while getting the Federal Government 
out of the silly business of regulating who throws away cardboard boxes 
in the back of the supermarket.
  Mr. Speaker, H.R. 1114 solves a specific problem in a rational and 
responsible manner. In my opinion, Congress should take on more issues 
in this manner--responsibly and rationally. I urge the Members to 
support this consensus legislation, and I yield back the balance of my 
time.
  Mr. BALLENGER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Texas [Mr. Bonilla].

[[Page H 10665]]

  Mr. BONILLA. Mr. Speaker, I rise in strong support of this 
legislation to repeal one of the dumbest rules we have on the books 
today.
  Going back to the 1950's when this rule was written with good intent 
at the time, how could they have seen back then in the 1950's and 
foreseen that in the 1990's we would have good machines, good balers 
that worked very effectively and are perfectly safe? I speak from 
firsthand knowledge of having put my arms, put my head and shoulders in 
these machines to examine the safety precautions that are now part of 
these balers, and they are perfectly safe. I would allow my child to 
operate one of these balers, if properly employed at a supermarket, and 
would feel perfectly fine with them doing so.
  What has happened is the Labor Department, taking this ancient law, 
is now using it as a punitive measure to fine grocery stores, in many 
cases small grocery stores but big employers in communities, $10,000 a 
pop when they are having teenagers throw these boxes into the balers, 
and in most cases they are not even putting their hands or their arms 
into the balers. They are just taking the box and throwing it in the 
baler. The baler, then the safety mechanism, if operating properly, 
will smash the cardboard boxes and dispose of them.
  The old machines not covered under these safety standards would not 
be affected in any way by this law. This is an important piece of 
legislation. It is also very important for those who believe we need to 
put teenagers to work in neighborhoods across this country.
  It is an effort that we have been working on for a long time. Labor 
Secretary Reich has told us he is going to try to get rid of this dumb 
old law. He has not done a thing about it.
  Here today we have an opportunity to correct a wrong that has been in 
existence for too long. I am proud to be a strong supporter of this 
effort to repeal this cardboard baler law.
  Mr. OWENS. Mr. Speaker, I yield myself 2 minutes to point out that we 
have worked out some language for this bill which I hope we will all 
reach agreement on, but let us not call the regulations dumb.
  In 1991 alone, more than 50 baler accidents among employees were 
reported nationwide. Although minors at that time were prohibited, as 
they are now, by law from operating balers and compactors, there have 
been very serious injuries. A minor working in a supermarket had his 
arms severely crushed when he reached into a baler to remove a catsup 
bottle. A minor was seriously injured when his hand was caught in a 
baler. He broke several fingers and underwent surgery to install pins 
in the knuckles. A 17-year-old worker in Pennsylvania was killed when 
he reached into a baler to free some jammed paper. A 13-year-old minor 
was killed when he became caught in a paper compactor. At the time the 
injury occurred, he was stuffing cardboard boxes into the baler.
  This is not a dumb regulation. We are going to make some changes. We 
are not dealing with a dumb regulation. Lives were saved by this 
regulation, I assure you.
  Mr. EWING. Mr. Speaker, will the gentleman yield?
  Mr. OWENS. I yield to the gentleman from Illinois.
  Mr. EWING. The question I have is what type of balers were they 
operating? We have these statistics. We cannot get from the department 
one statistic that shows that the accidents which the gentleman 
referred to happened to the new, modern balers, and that is all we are 
talking about here. The latest, up-to-date baler is the only one that 
would be exempt. Can you tell me?
  Mr. OWENS. Reclaiming my time, I think the gentleman reinforces my 
point. We had a regulation which dealt with a serious problem which 
currently deals mostly with the old balers. In this bill, we are saying 
we want only the new balers to operate when this law is going to be 
adapted from that new condition and new standards by ANSI. The 
gentleman is saying what I am saying. It is not a dumb law. This 
applies now because we have new machines under new standards.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Maryland [Mr. Hoyer].
  Mr. HOYER. Mr. Speaker, I thank my friend, the distinguished ranking 
member of the committee, the gentleman from New York. I want to say to 
the gentleman from New York [Mr. Owens] is one of the real fighters in 
this Congress in behalf of working men and women, the safety and 
welfare of our people, and I am privileged to be speaking with him. I 
think his point is well taken as well that the safety of young people 
and all workers is of paramount importance, I think, on both sides of 
the aisle.
  Mr. Speaker, I rise today in support of H.R. 1114, a bill to reform 
the Department of Labor's hazardous occupation order No. 12 and allow 
workers, age 16 and 17, to load paper balers and compactors.
  This bill is a good compromise between both sides of the aisle, the 
grocers and the unions.
  Several months ago, Mr. Speaker, I met with the grocers from Maryland 
and then visited a grocery store in my district to see a baler, first 
hand.
  While I understood the inconvenience of minors being prohibited from 
loading the balers, I was very concerned about the union's objections 
and the safety of our Nation's young workers.
  I was pleased to work with Members on both sides of the aisle to 
ensure that the final product that the House will vote on today 
embodied this approach.
  The manager's amendment, offered by Mr. Goodling, will guarantee that 
every baler and compactor loaded by minors meets the most current ANSI 
standards.
  Further, to ensure that minors will only be loading the balers, the 
machines must include an on-off switch with a key-lock system which 
will be maintained by employees over 18.
  Mr. Speaker, I am pleased that we can offer commonsense reform today 
to the grocers of America, while protecting the health and safety of 
our young workers. This is a good compromise which brought the grocers 
and the unions together to help craft a bill which protects everyone's 
interests and makes sense for America's businesses.
  I urge my colleagues to support H.R. 1114.
  Mrs. MINK of Hawaii. Mr. Speaker, I rise today in opposition to H.R. 
1114, a bill which will allow minors 16 and 17 years of age to load 
paper balers--dangerous machinery used in a variety of businesses 
including grocery stores, department stores, hospitals, and recycling 
operations.
  I oppose the contents of the bill as it will gut vital protections 
for youth in the retail industry, and I also oppose the manner in which 
this matter is being considered by the Congress.
  As I understand this new corrections day procedure it is meant to 
bring up noncontroversial bills which seek to eliminate frivolous and 
useless regulations that are contrary to basic common sense.
  H.R. 1114 weakens a child labor law regulation that is neither 
frivolous or useless. Protecting the lives and limbs of the countless 
number of teenagers working in grocery stores or other retails outlets 
as part-time jobs, sounds like pretty good common sense to me. 
Hazardous Occupation Order 12, which prohibits minors under 18 years of 
age from loading paper balers limits the participation of young people 
in a fluid, mechanized process that has proven to be dangerous and 
life-threatening.
  Even with HO 12 in place there have been serious injuries and 
fatalities when the law has been ignored. Between 1993 and 1995, there 
were six fatalities involving paper baling machines, including two 
cases where the victims fell into the compacting area of a machine 
while attempting to clear jams that occurred during the loading 
process.
  A paper baler is not merely a trash or recycling bin. It is a large, 
dangerous machine, with a large power-driven steel plunger which 
crushes and compresses paper into a tight mass. These machines are 
almost always located in the basement or backroom of a retail outlet, 
away from supervision.
  HO 12 is based on the same kind of common sense that parents use 
everyday in telling their children to not play with matches. When you 
play with matches you get burned.
  And the more time minors spend around dangerous, complicated 
machinery the more apt they are to get hurt.
  The flaw in this legislation is clear. It replaces a straightforward 
directive to businesses on how to keep its younger employees safe, with 
a standard that will be difficult to enforce and that is based on 
engineering design rather than health and safety standards.
  H.R. 1114 as amended by the manager's amendment will allow 16- and 
17-year-olds to load paper balers as long as the machine meets current 
American National Standards Institute [ANSI] standards, the machine has 
an on-off locking ignition system, and notices are posted regarding 
these regulations.

[[Page H 10666]]

  This so-called compromise bill attempts to make a bad bill better, 
but it falls far short of this goal.
  Reliance on ANSI standards is a basic flaw that is unworkable and 
unenforceable.
  The National Institute of Occupational Safety and Health, this 
Nation's primary authority on occupational safety, determined that only 
one out of five balers currently in use were safe to load and that the 
ANSI standards are not sufficient to protect minors. NIOSH further 
determined that HO 12 should be maintained as is.
  Of particular concern to NIOSH was the great number of older machines 
being used, and the necessity for periodic equipment inspection and 
maintenance to ensure safe working conditions for all employees.
  H.R. 1114 does nothing to address this major concern raised by NIOSH. 
It does not address how adherence to ANSI standards will be enforced, 
does not include specific requirements on maintenance, and does not 
include assurances that young people will be properly trained in 
loading the machine and avoiding any dangerous situations.
  I fear that H.R. 1114 simply opens the door for allowing minors to 
utilize this machinery without appropriate safeguards.
  Proponents of H.R. 1114 argue that HO 12 is preventing thousands of 
young people from getting jobs in supermarkets and retail stores, yet 
there is no solid evidence that this is the case. We have solid 
evidence that HO 12 protects the lives and limbs of our young people.
  We have responsibility to maintain this protection of health and 
safety, I urge my colleagues to vote no on H.R. 1114.
  Mr. STENHOLM. Mr. Speaker, passing this measure simply makes good 
common sense. Think about it.
  Hazardous Occupation Order No. 12 has been on the books for 41 years. 
In 1954, heavy-duty industrial machinery, like the paper baler, was 
substantially more dangerous than today. Since that time, technology 
and concern for worker safety have helped create a much safer 
workplace. As a matter of fact, the Waste Equipment Technology 
Association's 7 year review of 8,000 compensation cases involving 
injuries could not identify a single injury attributable to a baler or 
compactor failing to meet acceptable standards. Unfortunately, H.O. 12 
has never been updated to reflect the changes brought about by advances 
in workplace safety. It's time we updated this regulation.
  The economic effects of this measure have been substantial. Fines in 
excess of $250,000 have been levied against grocery store owners. Faced 
with this kind of punishment, is it any wonder that store owners are 
less likely to hire 16 and 17 year olds?
  Mr. Speaker, to put things in perspective, I was 16 when this 
regulation took effect. I remember needing extra money to pay the 
insurance on my car and to take care of other necessities. Young people 
today are no different and we should be doing everything we can to 
encourage employers to hire them.
  The bottom line is this: H.R. 1114 is a proemployer, prolabor, 
proyoung person, projobs bill. We don't see this kind of measure too 
often, and when we do, we ought to support it.
  Mr. LANTOS. Mr. Speaker, I rise in strong opposition to H.R. 1114, 
legislation which would overturn existing child labor protections 
prohibiting young people under the age of 18 from loading paper balers 
and compactors. I oppose this legislation because I believe that any 
weakening of current child labor standards will only lead to more 
exploitation and endangerment of our Nation's most precious resource--
our youth.
  As the former Chairman of the House Subcommittee on Employment and 
Housing which investigated workplace injuries of minors, including the 
death in 1988 of a 17-year-old boy who was crushed while operating a 
paper baler at the direction of his supervisor, I am appalled that this 
Congress is about to take this dangerous and ill-conceived step. This 
legislation will unfortunately result in more tragic deaths and 
injuries involving our Nation's teenagers.
  In 1989, my subcommittee found that, although minors are prohibited 
by law from operating balers and compactors, serious injuries and 
deaths occur because the law is ignored by employers. According to the 
latest figures available from the Department of Labor, this tragedy 
continues. There were six fatalities involving paper baling machines 
between 1993 and 1995. In 1991, the most recent statistical year 
available, more than 50 accidents were reported involving minors and 
paper balers. Children have suffered amputated limbs and crushed bones. 
I do not want to imagine how many more of our children will suffer once 
these regulations are loosened.
  Mr. Speaker, it has become popular these days to question regulations 
without considering the important reasons behind the regulation. Some 
regulations are out-dated and should be repealed; this regulation 
emphatically should not be repealed.
  A paper baler is not merely a recycling bin or a waste paper bin. It 
is a large, dangerous machine that can severely injure a careless, 
untrained, or inexperienced worker. It has a power-driven steel plate 
which crushes and compresses paper into a tight mass. The paper is then 
secured by steel straps or wire. When the baler is hand-fed, an arm or 
a hand can get caught and crushed. A worker can receive serious 
lacerations to the face or other parts of the body if there is an 
accidental release of the baling steel or wire.
  The legislation before us today would amend the Fair Labor Standards 
Act to permit minors to load balers and compactors and provides a legal 
and occupational justification for minors to be present while a baler 
is being operated. I oppose any effort which will increase the 
proximity of minors to these machines, even if minors are not actually 
turning the machines on. It does not take a genius to figure out that 
permitting children to work in and near these machines will increase 
the likelihood of serious injury and death.
  Let me cite a few examples of the horrific injuries which can occur 
when minors were allowed or were directed to work illegally in the 
vicinity of paper balers and compactors:
  An 11-year-old boy was loading paper boxes in a paper baler at the C-
Town Food Corporation in the Bronx, NY, when his arm got caught in the 
baler which pulled his body up against the machine and crushed him. He 
died as a result of internal injuries.
  A 16-year-old girl at an IGA Supermarket in Michigan was loading 
cardboard boxes into a paper baler and started the machine. When she 
reached down to pick up a loose piece of cardboard, her smock became 
entangled in the machine. The baler dragged her right arm in and tore 
muscle and tendon.
  A 16-year-old material handler in Yadkinville, NC, got his hand 
caught in a baler while loading it and suffered a crushing injury to 
his hand.
  A 16-year-old lost the tip of his index finger while operating a box 
compactor at Gordy's IGA in Chippewa Falls, WI.
  These accidents occurred despite a regulation that prohibits minors 
from loading or operating paper balers.
  It is our duty to ensure that our youth are employed in occupations 
which do not expose them to unnecessary safety risks. The Congress can 
do much more to provide our young people with opportunities which 
provide safe and sound work experience which contribute to their 
development into responsible, confident, and able-bodied adults. I will 
not support legislation which will expose our children to needless risk 
or put them in harm's way. I urge my colleagues to oppose this 
legislation.
  Mr. MARTINI. Mr. Speaker, I rise today in support of H.R. 1114. This 
bill is a bipartisan bill to authorize minors who are under the child 
labor provisions of the Fair Labor Standards Act of 1938 and who are 
under 18 years of age to load materials into balers and compactors that 
meet appropriate American National Standards Institute design safety 
standards.
  At the base of this bill is the 104th Congress' firm commitment to 
reform outdated Federal regulations. A commitment that is reiterated 
every day by the electorate who have sent us here to Washington. They 
do not merely ask for reform, rather they demand reform, and they 
deserve reform. They deserve reform from a Congress which has pledged 
to act in a different manner from the Congresses of the past.
  We can no longer sit by the wayside and suffer the consequences that 
are inherent in out-of-date legislation. Too often technological 
reforms outpace legislative reforms; it is time for us to take a step 
and catch up. Clearly, we can no longer afford to be shackled to the 
past by antiquated laws that preclude technological innovations. H.R. 
1114 is just one of the many bills that this Congress has proposed to 
level the playing field and increase productivity for this Nation. This 
legislation recognizes the safety enhancements that are now being 
incorporated into the design and manufacturing of balers and 
compactors, and adjusts the current law accordingly.
  The feedback that I have received from companies in my congressional 
district has provided me with a clear understanding of why we need to 
pass H.R. 1114. David Maniaci, president and chief executive officer of 
Nicholas Markets in Haldon, NJ, has written me and documented how the 
present law has affected his company. As a businessman in my 
congressional district, Mr. Maniaci has shown me the inadequacies of 
the system and why we need to pass this measure. This constituent has 
shown me that H.R. 1114 will not only affect business on a national 
level, but will help small businesses in local communities in this 
country.
  Mr. Speaker, small business provides the backbone of the U.S. economy 
as 97 percent of the Nation's employers. We cannot sit idly and allow 
outdated regulations to continue to slow the economic growth of this 
Nation. The time for change and reform is upon us. 

[[Page H 10667]]

  This legislation currently has over 140 cosponsors; it indisputably 
serves to maintain a balance of fairness in the increasingly 
competitive global marketplace. The penalties of the past that have 
been imposed on industries for allowing teenagers to toss boxes into 
balers are not only astronomical for the company, but also detrimental 
to the teenagers of today. There is no incentive to employ our youth 
and instill a work ethic that they will carry with them from job to job 
if companies are constantly wary of prosecution. H.R. 1114 allows 
companies to employ our youth and it gives teenagers additional 
employment opportunities. Without it our youth will lose.
  Mr. Speaker, I ask my fellow colleagues to support H.R. 1114.
  Mr. KOLBE. Mr. Speaker, I rise today in support of H.R. 1114 and the 
managers amendment, a bill to reform Hazardous Occupation Order No. 12.
  I first heard about this issue in the late 1980's, when food stores 
in my own district were being punished based on a simple statement by a 
former teenage employee who would truthfully tell a Department of Labor 
investigator: ``Yeah, I tossed a box into a baler once.'' Huge fines 
were being levied against supermarket companies--large chains as well 
as independent operators. Efforts to reform Hazardous Occupation Order 
12 through the regulatory process were unsuccessful. The Labor 
Department showed an amazing--though not surprising--lack of common 
sense. So, I am pleased to vote today for legislation which will 
correct this longstanding problem for Arizona grocers.
  In 1992, I saw this problem first hand. I toured a supermarket's back 
room and looked at a cardboard baler with members of the Arizona Food 
Marketing Alliance. These balers operate much like your home 
dishwasher. If the door is open you can't run the machine, even if you 
press the ``on'' button. The cardboard baler operates under the same 
principle. When the gate is open it can be filled with cardboard boxes. 
When it is time to run the machine, an authorized adult can close the 
gate and turn the key to operate the equipment. Only an adult has the 
operating key. The gate has a lock-out device which prevents it from 
operating when the gate is opened, even if the machine is in the 
operating position. This is much the way a microwave oven works. If you 
open it while it's on, the machine stops. It is beyond comprehension 
why able 16- and 17-year-olds must stack cardboard by the baler--
possibly causing a greater hazard and encumbrance to workers moving 
around in the area, not to mention health hazards as they attract rats 
and roaches--and wait for someone 18-years-old or older to place the 
boxes in the baler.
  The owners and store managers of the Nation's supermarkets who don't 
want to harm these young people entering the work world or working 
their way through school. They have a good financial incentive to look 
after the safety anyhow--their insurance costs. But, as it stands now, 
if minors are stocking shelves, they cannot toss empty, cardboard boxes 
into an open and locked baler. This is absurd.
  I urge my colleagues to support this bill which includes a compromise 
worked out to address safety concerns. It is a perfect Corrections Day 
item to fix an outdated 41-year-old regulation while keeping young 
people safe.
  Mr. OWENS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. BALLENGER. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Foley). Pursuant to the rule, the 
previous question is ordered on the amendment and the bill.
  The question is on the amendment in the nature of a substitute 
offered by the gentleman from Pennsylvania [Mr. Goodling].
  The amendment in the nature of a substitute was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and (three-fifths having voted in favor 
thereof) the bill was passed.
  A motion to reconsider was laid on the table.

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