[Congressional Record Volume 142, Number 104 (Tuesday, July 16, 1996)]
[Senate]
[Pages S7912-S7914]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        BALERS AND COMPACTORS SAFETY STANDARDS MODERNIZATION ACT

  Mr. LOTT. Mr. President, I ask unanimous consent the Labor Committee 
be immediately discharged from further consideration of H.R. 1114, and 
that the Senate proceed to its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A 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 PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 4587

            (Purpose: To provide for a substitute amendment)

  Mr. LOTT. I understand there is a substitute amendment at the desk 
offered by Senators Harkin and Craig. I ask for its immediate 
consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       The Senator from Mississippi [Mr. Lott], for Mr. Harkin, 
     for himself and Mr. Craig, proposes an amendment numbered 
     4587.

       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 keylock 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 that--
       ``(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.''.

     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.

  Mr. HARKIN. Mr. President, I am pleased that we are taking action on, 
H.R. 1114, a common-sense bill that has broad bipartisan support. I 
especially want to thank my colleague, Senator Craig, from the State of 
Idaho for his hard work with me on this issue.
  Use of scrap paper balers and paper box compactors in the grocery 
industry has expanded since the 1970's due to the increase in recycling 
of cardboard boxes. The balers and compactors that are prevalent today 
have gone through significant safety design improvements over the last 
20 years-design features that, for example, prevent compression action 
unless a gate over the loading area is shut.
  In other words, modern balers and compactors cannot be loaded while 
the machine is operating. Such safety features have, since 1982, been 
codified in design safety standards now recognized as the norm by the 
waste equipment industry as well as the insurance industry.
  Back in 1954, however, balers did not have such safety features. 
Because they could be loaded while they were being operated they 
presented a significant danger to individuals unfamiliar with the 
machines. In response to this concern, the Labor Department issued 
hazardous occupation order No. 12 (HO 12), prohibiting 16- and 17-year-
olds from loading, operating, or unloading balers.
  Unfortunately, HO 12 has not been updated to account for the advances 
in baler and compactor safety. Modern balers cannot be operated when 
the loading gate is open and are shut off by a key lock held by the 
store manager or adult supervisor. They are safe, yet

[[Page S7913]]

16- and 17-year-olds are still prohibited from even placing cardboard 
boxes into balers.
  As a result, grocery stores all over the country have been fined when 
16- and 17-year-old part-time and summer-time workers inadvertently 
toss cardboard into dormant balers. Millions of dollars in fines have 
been collected, resulting in a reluctance on the part of grocers to 
hire anyone under the age of 18. A survey of its members by the Food 
Marketing Institute showed that 60 percent of grocers reduce the 
employment opportunities for teenagers because of HO 12. Some simply no 
longer hire anyone under 18--a needless loss of teen employment. H.R. 
1114 addresses this problem.
  H.R. 1114 allows 16- and 17-year-olds simply to load--not operate or 
unload--balers and compactors that meet the safety standards 
established by the American National Standards Institute. Other 
provisions dealing with proper notice to employees and safety signs on 
the equipment further protect the safety of minors.
  In order to track the safety impact of this bill, for 2 years 
employers would be obligated to report to the Secretary of Labor any 
injury or fatality of an employee under the age of 18 within 10 days of 
when the incident occurred. The maximum penalty for failure to file 
such a report would be $10,000 per violation.
  Under these reporting requirements, it is not the intention of 
Congress to have an employer subjected to a fine of any amount if there 
is an inadvertent error, such as a wrong street number in an address, 
or a misspelled name.
  Mr. President, I am especially pleased that the bill was negotiated 
with the United Food and Commercial Workers Union as well as the 
grocery industry, represented by the Food Marketing Institute and the 
National Grocers Association. These groups came together and were able 
to come up with a win-win scenario while still addressing each other's 
concerns.
  This bill passed the House on a voice vote with several members 
speaking in favor. We are continuing in this bipartisan spirit today. I 
urge the immediate adoption of H.R. 1114.
  Mr. CRAIG. Mr. President, I am pleased to join with the Senator from 
Iowa [Mr. Harkin] in offering a substitute amendment to H.R. 1114, and 
I rise in support of that amendment and that bill. Last year, I 
introduced the companion bill in the Senate, S. 744.
  This legislation, also referred to as the Balers and Compactors 
Safety Standards Modernization Act, is simple, common-sense legislation 
to end a regulatory prohibition on minor employees loading balers and 
compactors that are safe and locked in the off position. These machines 
commonly are used in supermarkets, grocery stores, and other retail 
establishments, for preparing and bundling cardboard and paper waste 
materials for recycling purposes.
  Almost 2 years ago, Senator Harkin and I stood on the floor of this 
Senate and engaged in a colloquy on this same issue. Then, we were 
demonstrating one last round of patience with the Department of Labor 
and discussing a congressional directive, in the Labor-HHS-Education 
appropriations bill, that DOL reevaluate and take action to update the 
rule in question.
  Today, we urge the Senate to join the House of Representatives in 
passing a simple bill to accomplish this end.
  The amendment offered today by Senator Harkin and myself addresses 
concerns that some have had about continuing to ensure the safety of 
minor employees. This bill, with our amendment, is a balanced, 
bipartisan approach that has achieved consensus among employers, labor 
unions, and safety experts.
  I commend the Senator from Iowa for his consistent efforts on this 
issue, and have appreciated working with him.
  The Balers and Compactors Safety Standards Modernization Act will 
make long-overdue revisions to safety standards set by the Department 
of Labor [DOL] in its hazardous occupation order No. 12 (HO 12).
  HO 12 is a regulation issued by DOL in 1954 and intended to protect 
employees who are under 18 years of age. In brief, it specifically 
prohibits minors from operating more than a dozen different types of 
equipment in the workplace. I certainly agree with the underlying 
purpose of HO 12, which is that younger workers should not be allowed 
to operate certain types of machinery when doing so would place them in 
harm's way.
  DOL's current interpretation of HO 12 goes so far as to prohibit 
minors from placing, tossing, or loading cardboard or paper materials 
into a baler or compactor. Such activities take place during a loading 
phase that is prior to, and separate from, the actual operation of the 
machine. While such a loading-phase prohibition may have made sense 42 
years ago, when HO 12 was originally issued, such is not the case 
today.

  As often happens, technology has overtaken regulation. Significant 
safety advances have been made in the design and manufacture of balers 
and compactors. Much like a household microwave oven or trash 
compactor, the newest generation of balers now in use in grocery stores 
and other locations cannot be engaged and operated during the loading 
phase.
  This important design feature is a result of safety standards issued 
by the American National Standards Institute [ANSI]. An employee is not 
at risk when placing cardboard materials into a baler that is in 
compliance with ANSI standard Z.245.5 1990, or putting paper materials 
into a compactor that is in compliance with ANSI standard Z245.2 1992.
  Nonetheless, DOL treats all balers and compactors the same, and 
considers the placement of materials into these machines, if performed 
by a minor, to be a clear-cut violation of HO 12. Each violation can 
result in a fine of $10,000 against an employer.
  If DOL could produce injury data showing that workers are at risk 
when loading materials into a machine that meets current ANSI 
standards, I might agree that the current interpretation and 
enforcement of HO 12 is warranted. However, DOL has acknowledged that 
it has no injury data for balers that meet current ANSI standards.
  Despite the complete lack of evidence that workers are at risk in 
these situations, DOL has cited numerous supermarkets throughout the 
United States and has assessed several million dollars in fines against 
grocery owners in recent years.
  It is difficult to understand the logic behind this kind of 
enforcement. It benefits no one, especially workers. Worker protection 
is not enhanced by issuing large fines against employers that use 
balers meeting current safety standards.
  Such a policy also is clearly inconsistent with the goal of creating 
employment opportunities for young people. Because so many grocers have 
been fined by DOL for loading violations, the industry has become less 
inclined to hire younger workers.
  Originally, DOL applied this interpretation of HO 12 to cardboard 
balers. As burdensome and objectionable as this policy has been, 
concerning cardboard balers, DOL more recently went a step farther and 
now is applying the same interpretation to compactors, a similar piece 
of equipment that retail establishments use to recycle paper materials.
  Without the benefit of formal rulemaking and the opportunity for 
interested parties to file comments, DOL extended the jurisdiction of 
HO 12 to compactors at the beginning of 1994, and employers found 
themselves subjected to fines when it was documented that a minor had 
placed materials into a compactor.
  This is one more example of the speed trap mentality of Federal 
agencies, and the Department of Labor, in particular. Balers and 
compactors are both governed by ANSI safety standards and cannot be 
engaged or operated during the loading phase. This means, to 
reemphasize, that employees loading machines meeting ANSI standards are 
not at risk.
  Clearly, DOL's position on HO 12, as it relates to cardboard balers 
and compactors, is not in step with the technology being used in the 
workplace. In view of the fact that this equipment can not be operated 
during the loading phase, there is no compelling reason to continue 
treating the placement of materials by minors a violation of HO 12.
  The old joke goes that, when something is difficult to accomplish, 
you compare it to passing an Act of Congress. If there is one process 
more intractable, it must be modernizing Federal agency regulations.

[[Page S7914]]

  Our bill provides a narrow amendment to the Fair Labor Standards Act, 
to revise the application of HO 12, so that the placement of paper or 
cardboard materials into a baler or compactor that meets current ANSI 
safety standards by an employee under age 18 is no longer a violation 
of the regulation. It affects only the loading phase, which is 
completely distinguished from the operating phase of the machine.
  I have seen these grocery store balers operate. What is needed is a 
simple, common-sense change, and the bill we are passing today will 
make that change in a simple, straightforward way.
  This bill will open up thousands of youth summer job opportunities 
without relying on Government programs and grants. The jobs will be 
there. The young people want them. This bill will remove one 
significant, unnecessary, regulatory wall between them.
  This bill will not change the critically important safety focus of 
the regulation. In fact, I agree that DOL should remain vigilant and 
enforce the regulation in cases when the safety of young workers is 
compromised by use of equipment that does not meet current ANSI safety 
standards.
  This bill would provide only that young workers would be allowed to 
load balers and compactors that meet the current industry standards 
that ensure complete safety in their operation. The safety record of 
this new approach will be borne out by a compromise provision in this 
amendment that includes specific, modest reporting requirements.
  I urge passage of H.R. 1114, with adoption of the amendment offered 
by Senator Harkin and myself.
  Mr. KENNEDY. Mr. President, I support the substitute for H.R. 1114 
that Senator Harkin and Senator Craig have proposed. This legislation 
is needed to clarify the prohibition in our child labor laws banning 
the employment of minors in the loading, unloading, or operation of 
paper balers and paper box compactors. The substitute retains the 
general prohibition in current law that applies to all such machines. 
However, where a baler or a compactor meets the current safety 
standards of the American National Standards Institute, and has an on-
off switch with a key lock system in which the key is always in the 
possession of an adult, then 16- and 17-year-olds will be permitted to 
load, but not to operate or unload, such machines.
  Paper balers have been responsible for the injury and death of too 
many minors. There is a real danger that the grocery stores that use 
these machines will allow minors to load balers and compactors that do 
not meet strict safety standards. Store managers may well assume their 
machines are safe and allow minors to load them without learning what 
the standards require.
  To reduce that danger, the sponsors of the substitute have included a 
provision to require reports to the Secretary of Labor of all 
significant injuries to minor caused by these machines during the 2 
years following enactment. The reports must be filed within 10 days of 
any injury or death, which will provide adequate time for the 
Department of Labor or the National Institute for Occupational Safety 
and Health to investigate the accident and determine its cause. If this 
change in the law leads to increased injuries or deaths of minors, 
Congress will have the information to act to require whatever 
additional prohibition is needed. Failure to make timely and complete 
injury reports will be penalized by fines up to $10,000.
  We have also received written assurances from the Food Marketing 
Institute, the largest trade association representing stores that use 
balers and compactors, that it will undertake a thorough educational 
campaign to inform its members about the requirements of the standards 
and the legislation. They have agreed to supply warning labels for the 
machines their members own and operate that will distinguish between 
approved machines and those that do not meet the standards. Clearly, we 
must do all we can to protect those who use these machines.
  Finally, the substitute makes two other changes. The bill is drafted 
as an amendment to the Fair Labor Standards Act, and all of the normal 
burdens of proof and interpretive principles that apply to exceptions 
to the act will apply to this amendment. To prevent an unconstitutional 
delegation of authority to a private organization, the substitute 
requires the Secretary of Labor to certify that any new standards must 
be at least as protective of the safety of minors as the current 
standards, before they take can effect.
  The goal of this legislation is to make new--and safe--employment 
opportunities available for young men and women in grocery stores 
across the Nation.
  In closing, I want to thank Dr. Linda Rosenstock and the staff of 
NIOSH for all of their help in increasing our understanding of the 
safety problems associated with these machines. Their expertise in 
occupational safety issues is truly invaluable.
  Mr. LOTT. Mr. President, I ask unanimous consent the amendment be 
considered read and agreed to, the bill be deemed read the third time 
and passed, the motion to reconsider be laid upon the table, and any 
statement relating to the measure be printed at the appropriate place 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4587) was agreed to.
  The bill (H.R. 1114), as amended, was deemed read the third time and 
passed.

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