Pub.L. 104-175 To authorize a circuit judge who has taken part in an in banc hearing of a case to continue to participate in that case after taking senior status, and for other purposes. <> ...

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[[Page 110 STAT. 1553]]

Public Law 104-174
104th Congress

                                 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. <<NOTE: Aug. 6, 
                         1996 -  [H.R. 1114]>> 

    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

[[Page 110 STAT. 1554]]

            ``(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.

<<NOTE: Federal Register, publication.>> 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) <<NOTE: Reports.>> 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--

[[Page 110 STAT. 1555]]

            (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. <<NOTE: 29 USC 213 note.>> 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.

    Approved August 6, 1996.

LEGISLATIVE HISTORY--H.R. 1114:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-278 (Comm. on Economic and Educational
Opportunities).
CONGRESSIONAL RECORD:
                                                        Vol. 141 (1995):
                                    Oct. 24, considered and passed 
                                        House.
                                                        Vol. 142 (1996):
                                    July 16, considered and passed 
                                        Senate, amended.
                                    July 25, House concurred in Senate 
                                        amendment.

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