[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.
____________________