[104th Congress Public Law 174]
[From the U.S. Government Printing Office]
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[DOCID: f:publ174.104]
[[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:
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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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