[Congressional Record Volume 142, Number 104 (Tuesday, July 16, 1996)]
[Senate]
[Pages S7907-S7908]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      THE FAIR LABOR STANDARDS ACT OF 1938 CHILD LABOR PROVISION 
                       AUTHORIZATION ACT OF 1996

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                 HARKIN (AND CRAIG) AMENDMENT NO. 4587

  Mr. LOTT (for Mr. Harkin, for himself and Mr. Craig) proposed an 
amendment to 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 compactors 
that meet appropriate American National Standards Institute design 
safety standards; as follows:

       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.

       Section 13(c) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 213(c)) is amended by adding to the end thereof the 
     following new paragraph:
       ``(5)(A) In the administration and enforcement of the child 
     labor provisions of this Act, employees who are 16 and 17 
     years of age shall be permitted to load materials into, but 
     not operate or unload materials from, scrap paper balers and 
     paper box compactors--
       ``(i) that are safe for 16- and 17-year-old employees 
     loading the scrap paper balers or paper box compactors; and
       ``(ii) that cannot be operated while being loaded.
       ``(B) For purposes of subparagraph (A), scrap paper balers 
     and paper box compactors shall be considered safe for 16- or 
     17-year-old employees to load only if--
       ``(i)(I) the scrap paper balers and paper box compactors 
     meet the American National Standards Institute's Standard 
     ANSI Z245.5-1990 for scrap paper balers and Standard ANSI 
     Z245.2-1992 for paper box compactors; or
       ``(II) the scrap paper balers and paper box compactors meet 
     an applicable standard that is adopted by the American 
     National Standards Institute after the date of enactment of 
     this paragraph and that is certified by the Secretary to be 
     at least as protective of the safety of minors as the 
     standard described in subclause (I);
       ``(ii) the scrap paper balers and paper box compactors 
     include an on-off switch incorporating a key-lock or other 
     system and the control of the system is maintained in the 
     custody of employees who are 18 years of age or older;
       ``(iii) the on-off switch of the scrap paper balers and 
     paper box compactors is maintained in an off position when 
     the scrap paper balers and paper box compactors are not in 
     operation; and
       ``(iv) the employer of 16- and 17-year-old employees 
     provides notice, and posts a notice, on the scrap paper 
     balers and paper box compactors stating--
       ``(I) the scrap paper balers and paper box compactors meet 
     the applicable standard described in clause (i);
       ``(II) 16- and 17-year-old employees may only load the 
     scrap paper balers and paper box compactors; and
       ``(III) any employee under the age of 18 may not operate or 
     unload the scrap paper balers and paper box compactors.

     The Secretary shall publish in the Federal Register a 
     standard that is adopted by the American National Standards 
     Institute for scrap paper balers or paper box compactors. and 
     certified by the Secretary to be protective of the safety 
     of minors under clause (i)(II).
       ``(C)(i) Employers shall prepare and submit to the 
     Secretary reports--
       ``(I) on any injury to an employee under the age of 18 that 
     requires medical treatment (other than first aid) resulting 
     from the employee's contact with a scrap paper baler or paper 
     box compactor during the loading, operation, or unloading of 
     the baler or compactor; and
       ``(II) on any fatality of an employee under the age of 18 
     resulting from the employee's contact with a scrap paper 
     baler or paper box compactor during the loading, operation, 
     or unloading of the baler or compactor.
       ``(ii) The reports described in clause (i) shall be used by 
     the Secretary to determine whether or not the implementation 
     of subparagraph (A) has had any effect on the safety of 
     children.
       ``(iii) The reports described in clause (i) shall provide--
       ``(I) the name, telephone number, and address of the 
     employer and the address of the place of employment where the 
     incident occurred;
       ``(II) the name, telephone number, and address of the 
     employee who suffered an injury or death as a result of the 
     incident;
       ``(III) the date of the incident;
       ``(IV) a description of the injury and a narrative 
     describing how the incident occurred; and
       ``(V) the name of the manufacturer and the model number of 
     the scrap paper baler or paper box compactor involved in the 
     incident.
       ``(iv) The reports described in clause (i) shall be 
     submitted to the Secretary promptly, but not later than 10 
     days after the date on which an incident relating to an 
     injury or death occurred.
       ``(v) The Secretary may not rely solely on the reports 
     described in clause (i) as the basis for making a 
     determination that any of the employers described in clause 
     (i) has violated a provision of section 12 relating to 
     oppressive child labor or a regulation or order issued 
     pursuant to section 12. The Secretary shall, prior to making 
     such a determination, conduct an investigation and inspection 
     in accordance with section 12(b).
       ``(vi) The reporting requirements of this subparagraph 
     shall expire 2 years after the date of enactment of this 
     subparagraph.''.

[[Page S7908]]

     SEC. 2. CIVIL MONEY PENALTY.

       Section 16(e) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 216(e)) is amended in the first sentence--
       (1) by striking ``section 12,'' and inserting ``section 12 
     or section 13(c)(5),''; and
       (2) by striking ``that section'' and inserting ``section 12 
     or section 13(c)(5)''.

     SEC. 3. CONSTRUCTION.

       Section 1 shall not be construed as affecting the exemption 
     for apprentices and student learners published in section 
     570.63 of title 29, Code of Federal Regulations.

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