[Congressional Record Volume 149, Number 176 (Tuesday, December 9, 2003)]
[Extensions of Remarks]
[Pages E2501-E2502]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DEDICATING H.R. 3139, THE YOUTH WORKER PROTECTION ACT TO THE MEMORY OF 
                               ADAM CAREY

                                 ______
                                 

                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                        Monday, December 8, 2003

  Mr. LANTOS. Mr. Speaker, according to the National Institute for 
Occupational Safety and Health (NIOSH) an average of 230,000 teenagers 
are injured on the job each year and even more shocking is the fact 
that an average of 67 teen workers die each year from injuries 
sustained while on the job. That means a teen worker dies from work 
related injuries in this country every 5 days.
  These are horrific statistics, and I believe that Congress must enact 
legislation to prevent these unnecessary deaths. The grave nature of 
these unfortunate accidents is made clearer when given a human face. 
While I was preparing this legislation, I discovered the story of Adam 
Carey, a 16 year-old boy who died while working on a golf course in 
Massachusetts. Adam's death was the result of an accident while he was 
driving a golf cart between the clubhouse and the driving range. Under 
Massachusetts state law, youths Adam's age were prohibited from driving 
golf carts.
  I was honored to stand by Adam's mother, Maggie Carey when I 
introduced H.R. 3139, the Youth Worker Protection Act, to modernize our 
nation's child labor laws. Among other things, the Youth Worker 
Protection Act would increase the penalties for employers who violate 
laws designed to protect children.
  I am proud to dedicate this legislation to her son's memory and I ask 
that her poignant story be included in the Congressional Record so that 
my colleagues can humanize statistics of young workers who die from 
injuries suffered on the job once every 5 days.

                       Statement of Maggie Carey

       Good Morning. I'd like to begin by telling you a little bit 
     about myself, my family, and what has brought me here today. 
     Again, my name is Maggie Carey. I am from Beverly, 
     Massachusetts, a small city on the north shore of Boston. I 
     have worked as an Obstetrical Register Nurse, with my focus 
     being Labor and Delivery, for over 30 years. My husband 
     Richard works in maintenance and grounds keeping for a local 
     hotel chain. We have been married for 30 years and were the 
     proud parents of 3 beautiful children. Our oldest daughter 
     Robin is 28 years old and has met the challenge of Downs 
     Syndrome, Leukemia and open-heart surgery. Our son Jonathan 
     who will be 27 in November has had open-heart surgery as a 
     child as well, now works successfully in the computer 
     software field in California. Our youngest son Adam would 
     have been 19 this past March.
       Through the years as parents, one of our roles was to teach 
     our children the importance of responsibility for themselves 
     and as part of a community. We hoped to show them through 
     example, what that means and how to achieve it. In that way 
     they would become successful, productive, and ethical young 
     adults.
       We began at an early age encouraging them to have their own 
     paper routes. Even our daughter Robin was able to have one 
     with our assistance. As they got older, we encouraged them to 
     have part time jobs after school, on weekends and during 
     summer vacations. Our daughter as a volunteer would come to 
     work with me on weekends and collate blank charts to be used 
     when new patients arrived. My son Jonathan worked as a bagger 
     and cashier at a local grocery store. We continued to teach 
     them the value of a dollar, how to earn it, save it, and 
     manage it appropriately. Little did we know that by trying to 
     teach these important values it would cost us dearly.
       In August of 2000, our then 16-year-old son Adam began 
     working at a local country club as a bag room attendant. On 
     September 16, 2000, only 3\1/2\ weeks later, his life would 
     come to an end while working at a job that seemed so perfect 
     for him. Adam loved golf, people and being outdoors. He was 
     driving a golf cart as part of the job. He was using the cart 
     to retrieve golf balls, wash them, and return them to the 
     golf barn. He had been in the pro shop just prior to the 
     accident and we were told that when he got back on the cart 
     he hit a deck that was only about 10 feet away. On impact 
     Adam's heart was ruptured. Supposedly no one witnessed the 
     accident even though it was the busiest day of the season at 
     the club and it was right near the practice green, so exactly 
     what happened is unknown.
       What we do know is the devastating effect that the loss of 
     our son has had on our entire family. What we also know is 
     that child labor laws had been violated and continues to be 
     violated every day in our country. Approximately 20 or so 
     violations were found that day alone. Most importantly the 
     one affecting Adam under Massachusetts General Laws, which 
     prohibits anyone under the age of 18 from operating any type 
     of motor vehicle of any description while employed.
       Many people and agencies investigated the accident, but the 
     only action taken against the employer was a $1000 fine by 
     OSHA for having failed to report the accident within 8 hours. 
     The Attorney Generals Office opted not to pursue any action, 
     because the only avenue they have is through the criminal 
     courts. They rarely prosecute unless the company is guilty of 
     grossly repetitive behavior. Supposedly this was the 
     employer's first offense, but in reality it was the only time 
     they were caught. Even though the law is clear, it has become 
     acceptable practice for teens to operate these carts for many 
     years now due to non-enforcement. Since when can a death not 
     be considered serious enough to pursue charges? So, is it the 
     second, third or one-hundredth death they may pay attention 
     to.

[[Page E2502]]

       From what I have learned, even if they had pursued the case 
     and had found them guilty, the punishment is so minimal that 
     it is not financially sensible to spend the money and 
     resources to enforce these laws.
       Most of the child labor laws have not been updated since 
     the 1930's. As we all know the world we live in is very 
     different 70+ years later. What few changes that have been 
     made have been to weaken the laws. We as a society have had 
     much to say about child labor in other countries, yet we do 
     nothing about our own. SHAME ON US!!! We spend a lot of time 
     looking at issues, making laws, but that is wasted time and 
     energy if we aren't out there enforcing them. It is vital for 
     our children's future to have adequate ways and means to 
     penalize the offenders.
       And then there are workman's compensation laws, which you 
     would think would encourage employers to put child safety 
     first. Again this is not true. For teens, the employers 
     financial liability is minimal because the majority of them 
     do not have dependents and their jobs are temporary and part 
     time. This again is not an incentive for employers to obey 
     the laws. I am not saying all employers are not concerned 
     about teens safety. Some are very responsible. Others aren't 
     even aware of most of these laws, although it is their 
     responsibility.
       Our family has endured many trials and tribulations through 
     the years. We have always been able to pick up the pieces and 
     continue on with the help of loving, supportive family and 
     friends. The death of our beloved son Adam has been almost 
     too much to bear. How do we fill the huge gap in our hearts 
     that used to be Adam? He was so full of life and had so much 
     love to give. His friends describe him as always happy with a 
     smile on his face. He would do anything to make people laugh. 
     We miss that smile! We miss his energy! We miss his whole 
     being!
       What do we tell his special needs sister Robin when she 
     asks almost every day, why can't we bring him back? There are 
     really no words that can express fully to anyone what losing 
     a child does to your soul. I hope that none of you will ever 
     know how this feels. We go on each day. We go to work. We 
     maintain our home, because we must, for the rest of our 
     family. But nothing will ever be the same.
       What I am here today to say is that this should never have 
     happened and that there are many ways that we can address 
     these issues. The availability and easy access to educational 
     materials for parents, young workers and especially employers 
     must be improved.
       The proposed legislation that Congressman Lantos is 
     submitting today will address some of these issues. One of 
     these being civil penalties in an amount that would have a 
     significant impact on employers. If there is anything that we 
     can do in memory of our son it would be to somehow prevent 
     this from happening to another child, another family.
       Thank you and God bless and guide you in all the decisions 
     you make.

                          ____________________