[Congressional Record Volume 142, Number 111 (Thursday, July 25, 1996)]
[House]
[Pages H8517-H8518]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page H8517]]



    AUTHORIZING MINORS TO LOAD MATERIALS INTO BALERS AND COMPACTERS

  Mr. BALLENGER. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table 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, with a Senate amendment thereto, and concur in 
the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     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 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. BALLENGER (during the reading). Mr. Speaker, I ask unanimous 
consent that the Senate amendment be considered as read and printed in 
the Record.
  The SPEAKER pro tempore (Mr. Hobson). Is there objection to the 
request of the gentleman from North Carolina?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the initial request of 
the gentleman from North Carolina?
  Mr. ANDREWS. Mr. Speaker, reserving the right to object, I do not 
intend to object. I ask the gentleman from North Carolina, the 
subcommittee chairman, if he would explain the legislation.
  Mr. BALLENGER. Mr. Speaker, will the gentleman yield?
  Mr. ANDREWS. I yield to the gentleman from North Carolina.
  Mr. BALLENGER. Mr. Speaker, H.R. 1114 amends regulations which the 
Department of Labor has issued and which prohibit employers from 
allowing teenage employees from loading, operating, or unloading paper 
balers and paper compactors, such as are normally used by grocery 
stores and other facilities that receive a lot of items in boxes and 
similar paper based containers.
  The House of Representatives passed H.R. 1114 on October 24 of last 
year. The Senate has returned the bill with an amendment that 
essentially makes two changes to bill which we in the House passed last 
year.
  The first change addresses a concern which some had with the 
constitutionality of one aspect of the House-passed bill. Under the 
House bill, teenagers would be allowed to load paper balers and 
compactors which meet the most current safety standard issued by the 
American National Standards Institute, or ANSI, so long as certain 
other protections were also provided. While it is clear that Congress 
may, by reference, incorporate the current ANSI standard, there was 
concern about incorporating by reference future standards by a 
nongovernmental entity. Under the Senate amendment, future ANSI 
standards would apply only if the Secretary of Labor certifies that the 
standard is at least as protective of the safety of minors as the 
current ANSI standards are.
  Second, the Senate amendment adds a reporting requirement to the 
legislation. During the 2 years following enactment, employers will be 
required to report any injuries and fatalities to employees under age 
18 to the Department of Labor, if those injuries or fatalities result 
from contact with a paper baler or compactor during the loading, 
operating, or unloading of the machine. The purpose of this reporting 
requirement is to provide the Department of Labor and Congress with 
information on the impact, if any, on teenage injuries, of this 
legislation and of allowing teenagers to load materials into certain 
paper balers and compactors. I might add here a note that under the 
bill, a violation of the reporting requirement is considered a child 
labor violation and therefore subject to a fine of up to $10,000 per 
violation. Given the way in which the Department of Labor has sometimes 
enforced paperwork and recordkeeping requirements in other contexts, I 
want to add to something that Senator Harkin said in presenting this 
amendment in the Senate: The purpose of the reporting requirement is to 
get information on injuries, if any, to teenagers from paperbalers over 
the next 2 years. Employers should not be fined for relatively minor or 
inadvertent errors in following the reporting requirements. The purpose 
of this requirement is to collect information not to have another 
reason to fine employers.
  Mr. Speaker, I support the Senate amendment and I thank the gentleman 
for yielding.

[[Page H8518]]

                              {time}  1700

  Mr. ANDREWS. Mr. Speaker, continuing under my reservation of 
objection, I want to concur in the comments of my friend and say this 
is really the Youth Job Protection Act. This is going to help a lot of 
young people get jobs in grocery stores and supermarkets and protect 
their health and safety at the same time.
  I want to thank the gentleman from North Carolina [Mr. Ballenger] and 
the gentleman from Illinois [Mr. Ewing] for their excellent work on 
this bill, and the other members of the committee and also 
representatives from labor and management. I concur in his remarks, am 
happy to work with him.
  Mr. EWING. Mr. Speaker, I rise in strong support of the Senate 
amendments to H.R. 1114, and urge the House to once again pass this 
important legislation and send it to President Clinton's desk for his 
quick signature. Action by the House will encourage grocery stores to 
start hiring teenagers again this summer.
  As my colleagues know from the previous consideration of this 
legislation, the Labor Department has been vigorously enforcing 
Hazardous Occupation Order 12, a regulation which hasn't been updated 
in about 40 years and which prohibits teenage workers from in any way 
coming in contact with paper balers and compactors. My colleagues know 
that the modern machines are extremely safe, but the Labor Department 
has been handing out fines up to $10,000 for a single violation of H.O. 
12.
  This final legislation will only allow 16- and 17-year-old workers to 
load modern machines, but retains the prohibition on teenagers 
operating or unloading any paper balers or compactors. Before teens 
could load a machine, it must meet modern safety standards set by the 
American National Standards Institute [ANSI] including an on-off switch 
with a key-lock system and which cannot be operated while being loaded, 
and requires the on-off switch to be in the off position when the 
equipment is not in operation. The legislation also requires the key to 
be maintained is not in operation. The legislation also requires the 
key to be maintained in the custody of adult employees and requires the 
employer to post notice that the machine meets safety standards and 
that 16 and 17 year olds may load only, but not operate or unload. In 
addition, the Senate added two additional safety provisions allowing 
the Secretary of Labor to certify that future ANSI safety standards are 
at least as protective as the current standards, and requiring that for 
2 years any injuries involving teenagers working with these machines be 
reported to the Labor Department.
  Mr. Speaker, it is unfortunate that while this Congress clearly has 
determined that H.O. 12 is outdated, the Labor Department has continued 
its excessive and unreasonable enforcement while this legislation was 
being written. For example, the Department's Wage and Hour Division 
recently cited a grocery store in the Midwest for alleged violations 
involving six teenage employees. The store is facing fines in excess of 
$14,000.
  The supermarket has a compactor which is not inside the store, but is 
located outside, on a back lot. It is connected by an 8 foot long chute 
which goes from the building to the compactor and is loaded through the 
chute from inside the supermarket. Adequate notice and safety 
precautions were posted on the door of the chute, indicating that 
minors are not to load or operate the machine. The manager told the 
employees that they were not allowed to place cardboard down the chute. 
Despite these good-faith efforts, six young employees decided that 
there was no harm in throwing boxes down the chute.
  Because the machine is outside the store, the teenagers still never 
came in contact with the compactor and there were never any injuries. 
However, the Labor Department still levied fines against this store of 
more than $14,000.
  I am told that this supermarket, which is located in a small town, is 
not profitable and the owner is considering closing the store because 
of the huge fine he is being asked to pay. If this happens, the Labor 
Department will have put more than 50 people out of work.
  Passage of this legislation is a clear statement of the intent of 
Congress. It is my hope that the Labor Department will heed this 
message and re-evaluate the pending enforcement proceedings in this 
case, withdraw the fines, and save 50 jobs.
  This legislation is a good example of how labor and management and 
Republicans and Democrats can work in a spirit of compromise to solve a 
problem. Over the past several months we have negotiated with all 
interested parties to write this legislation. I would like to thank my 
partner, Congressmen Larry Combest, who has helped lead this effort for 
over 2 years. I would also like to thank Chairmen Goodling and 
Ballenger for their assistance, and Congressman Rob Andrews for playing 
a critical role in negotiating this compromise. In addition, I would 
like to thank Senators Craig, Kassebaum, Kennedy, and Harkin for their 
assistance in moving this legislation through the Senate. I would also 
like to recognize the cooperative spirit in which the Food Marketing 
Institute, the National Grocers' Association, and the United Food and 
Commercial Workers' Union worked to come to a compromise which will put 
an end to unnecessary regulation without jeopardizing the safety of 
workers. Unfortunately, throughout this entire process the Labor 
Department played absolutely no useful role and showed zero interest in 
solving this problem.
  Mr. ANDREWS. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore (Mr. Hobson). Is there objection to the 
request of the gentleman from North Carolina?
  There was no objection.
  A motion to reconsider was laid on the table.

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