Home > 104th Congressional Bills > H.R. 1114 (ih) 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...

H.R. 1114 (ih) 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...


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        H.R.1114

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 An Act


 
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 compactors that meet appropriate American 
          National Standards Institute design safety standards.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

Pages: 1

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