[Congressional Record Volume 150, Number 52 (Wednesday, April 21, 2004)]
[Extensions of Remarks]
[Pages E582-E583]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              AMUSEMENT PARK RIDE CHILD LABOR ACT OF 2004

                                 ______
                                 

                         HON. EDWARD J. MARKEY

                            of massachusetts

                    in the house of representatives

                       Wednesday, April 21, 2004

  Mr. MARKEY. Mr. Speaker, I rise to introduce ``The Amusement Park 
Ride Child Labor Act of 2004, an act that directs the Secretary of 
Labor to prohibit the employment of minors as ride operators. For the 
sake of both the young employees and the park patrons, who are 
disproportionately children themselves, the Department of Labor should 
recognize that operating roller coasters and thrill rides requires 
split-second judgments that, if mishandled, can injure both the 
operator and dozens of riders. Let minors take the non-hazardous jobs 
in our parks--let adults run the rides.
  If it were ever wise to allow minors to operate amusement park rides, 
it is not a safe practice today. Based on the National Electronic 
Information Surveillance System (NEISS), the Consumer Product Safety 
Commission (CPSC) estimates that, nationwide, 800 employees are injured 
operating amusement park rides each year. This is in addition to the 
estimated 6,800-10,700 patrons injured on amusement park rides each 
year. The potential for dangerous, debilitating and sometimes deadly 
consequences when persons operating amusement park rides make 
misjudgments, either in the operation of the ride itself or in the 
reaction to a situation brought on by rider error or ride malfunction, 
is very serious.
  According to the Bureau of Labor Statistics, 114 employees died while 
attending to amusement and recreation facilities during the 10-year 
period 1992-2002, and 7 of those fatalities involved children under the 
age of 18.
  During 2001, nonfatal injuries suffered by amusement ride attendants 
totaled 2,475, and nearly one out of every five injuries was suffered 
by a child employee.
  The fact is that in the past 15 years, the speed and complexity of 
amusement park rides has risen dramatically. All of the nation's 15 
fastest coasters have been built in the last 10 years. But clearly, the 
margin for error is much narrower for the operator of a ride traveling 
at 100 mph than on a ride traveling 50 mph. People make mistakes, and 
the riders often act like children, because they often are children. 
This situation is dangerously compounded by allowing young teenagers to 
be put in charge of running these high-tech, high-speed machines.
  The following are just a few examples of tragedies involving ride 
operators under the age of eighteen.
  In August 1999, a 16-year-old boy ride attendant died from injuries 
he suffered at Lake Compounce amusement park in Bristol, Connecticut. 
The boy was working as a ride attendant on the ``Tornado,'' a spinning 
ride more commonly known as the ``Scrambler.'' The accident happened 
when the boy stepped onto the ride before it had come to a complete 
stop. His legs got caught underneath the ride and he was dragged until 
the operator activated the emergency stop. The boy was left pinned 
underneath the ride from the waist down. Firefighters used inflatable 
devices to lift the ride off of the victim. After the boy was freed, he 
was transported by helicopter to a

[[Page E583]]

hospital, where he underwent surgery. His injuries included a head 
wound and broken bones, in addition to possible broken arms, dislocated 
shoulders, and multiple internal injuries.
  In June 1997, a 17-year-old ride operator at Celebration Station in 
Tulsa, Oklahoma was killed while operating a swinging boat ride. The 
teen fell into the frame of the ride in an area underneath the boat 
while the ride was in motion. He was crushed and died within 15 
minutes. Five children were passengers on the ride at the time of the 
accident. Investigators from the Oklahoma Department of Labor ruled the 
death accidental, saying that the ride had not experienced any 
mechanical failure.
  In June 1996, a 16-year-old ride operator at Bonkers 19 Amusement 
Park in Weymouth, Massachusetts started the Mini Himalaya ride without 
notice. A 5-year-old girl's foot was gashed when it was trapped against 
the ride's track. Later that same year, in September, during the 
operation of the same ride by a different 16-year-old, part of the 
scalp of an 8-year-old girl was torn off when her hair became entangled 
in the motor powering the Mini Himalaya.
  At least nine states have recognized that it is per se hazardous to 
employ children 17 years of age or younger as ride operators and have 
included provisions in their laws to restrict such employment. Alaska, 
Connecticut, Iowa, Massachusetts, Minnesota, New York, Rhode Island, 
West Virginia, Wisconsin all have 18-year-old age limits. Some include 
exemption for ``kiddie rides,'' but all have adopted state standards 
that make it the rule, not the exception, that minors shall not operate 
the vast majority of park rides in their states.
  In addition, the Walt Disney Corporation has already recognized the 
wisdom of avoiding having youngsters placed in charge of the safe 
operation of their park rides. As a matter of park policy, Disney will 
not allow anyone younger than 18 years of age to operate a Disney ride.
  The Department of Labor has jurisdiction over the safety of child 
amusement park employees. This legislation would be unnecessary if the 
DOL would simply use its existing authority to restrict this kind of 
employment. The Fair Labor Standards Act (FLSA), 29 U.S.C. Chapter 8, 
Sec. 212, directs the Secretary of Labor to carry out the objectives of 
the child labor provisions, namely, to prohibit ``oppressive child 
labor.'' ``Oppressive child labor'' is defined by the FLSA, 29 U.S.C. 
Chapter 8, Sec. 203, as a condition of employment which the Secretary 
finds and declares as ``particularly hazardous for the employment of 
children between such ages [16 and 18] or detrimental to their health 
or well-being.''

  Under this provision, the Secretary has issued 17 Hazardous 
Occupation Orders restricting children from certain hazardous jobs. For 
example, Order 7 declares ``hazardous'' the operation of most power-
driven hoisting apparatus, including nonautomatic elevators exceeding 
one ton, 29 CFR Sec. 570.58. Most people would agree that an amusement 
park ride has all the characteristics of a ``power-driven hoist'' that 
lead to its designation as ``hazardous''--with the exception of the 
people at the DOL. With the support of the industry, the DOL has 
helpfully issued guidance to the public that specifically carves out 
amusement parks rides from this ``hazardous'' designation. It is 
difficult to understand how the DOL could conclude that operating an 
elevator is hazardous to a minor, while operating amusement park rides 
is not.
  Due to the seasonal nature of the amusement park business, many 
teenagers under the age of 18 seek summer employment at the parks, 
something that I applaud and encourage. Most jobs at the parks have 
nothing to do with hazardous machinery. Teenagers can safely fill jobs 
such as selling tickets, waiting on tables, or guiding patrons. But 
when it comes to filling a job as safety-critical as the loading and 
operation of ride machinery, it is simply irresponsible to risk the 
health of the employee or the park patrons by giving such a job to a 
minor.
  As the amusement park season commences, I urge my colleagues to 
cosponsor this important legislation and to help improve the safety of 
our nation's parks.

                          ____________________