# Child Labor Regulations, Orders and Statements of Interpretation

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A94-9947

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** May 13, 1994

## Text

DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 570

RIN 1215-AA09

Child Labor Regulations, Orders and Statements of Interpretation

AGENCY: Wage and Hour Division.

ACTION: Advance notice of proposed rulemaking; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (Department or DOL) is considering
proposing revisions in the child labor regulations issued pursuant to
the Fair Labor Standards Act (FLSA), 29 CFR part 570, which set forth
the criteria for the permissible employment of minors under 18 years of
age. In particular, subparts C and E of these regulations are under
review. Subpart C (Child Labor Reg. 3) specifies permissible hours and
time standards, as well as occupational limitations, for 14- and 15-
year-old employees. Subpart E identifies occupations deemed
particularly hazardous for, or detrimental to the health or well-being
of, employees under 18 years of age. This advance notice of proposed
rulemaking seeks the views of the public on needed changes to these
regulations, and also with respect to other aspects of the regulations.

DATES: Comments are due on or before August 11, 1994.

ADDRESSES: Submit written comments to the Administrator, Wage and Hour
Division, U.S. Department of Labor, room S3506, 200 Constitution
Avenue, NW., Washington, DC 20210, Attention: J. Dean Speer, Director,
Division of Policy and Analysis. Commenters who wish to receive
notification of receipt of comments are requested to include a self-
addressed, stamped post card, or to submit them by certified mail,
return receipt requested. As a convenience to commenters, comments may
be transmitted by facsimile (``FAX'') machine to (202) 219-5122 (this
is not a toll-free number). If transmitted by facsimile and a hard copy
is also submitted by mail, please indicate on the hard copy that it is
a duplicate copy of the facsimile transmission.

FOR FURTHER INFORMATION CONTACT: J. Dean Speer, Director, Division of
Policy and Analysis, Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, room S-3506, 200 Constitution
Avenue, NW., Washington, DC 20210. Telephone (202) 219-8412. This is
not a toll free number.

SUPPLEMENTARY INFORMATION: The child labor provisions of the Fair Labor
Standards Act (FLSA) establish a minimum age of 14 years for employment
in most nonagricultural occupations. The Secretary of Labor is
authorized to provide by regulation for the employment of young workers
14 and 15 years of age in suitable occupations other than manufacturing
or mining, and during periods and under conditions which will not
interfere with their schooling or with their health and well-being.
These provisions also permit 16- and 17-year-old minors to be employed
in the nonagricultural sector, without hours or time limitations,
subject to prohibitions in occupations found and declared by the
Secretary of Labor to be particularly hazardous, or detrimental to the
health or well-being of minors under age 18. In agriculture, minors 14
and older may be engaged in general employment, subject to prohibitions
on occupations declared particularly hazardous by the Secretary of
Labor. Additionally, in agriculture 12- and 13-year-olds may be
employed with written parental consent or on a farm where the minor's
parent is also employed. Under very limited waiver conditions, 10- and
11-year-olds may be employed outside of school hours in agriculture as
hand harvesters of short season crops for a maximum annual period of
eight weeks.
The regulations for 14- and 15-year olds are known as Child Labor
Regulation No. 3 (Reg. 3) and are contained in subpart C of 29 CFR part
570. Reg. 3, as amended, limits the hours that 14- and 15-year-olds may
work to:
(1) Outside school hours;
(2) Not more than 40 hours in any one week when school is not in
session;
(3) Not more than 18 hours in any one week when school is in
session;
(4) Not more than 8 hours in any day when school is not in session;
(5) Not more than 3 hours in any day when school is in session; and
(6) between 7 a.m. and 7 p.m., except during the summer (June 1
through Labor Day) when the evening hour is extended to 9 p.m.

Summer school sessions are considered to be ``outside school hours,''
i.e., nonschool weeks. Also, 14- and 15-year-olds enrolled in a State-
approved, school-supervised Work Experience and Career Exploration
Program (WECEP) may be employed for up to 23 hours in school weeks, 3
hours on school days, and during school hours.\1\
---------------------------------------------------------------------------

\1\Twelve States had Departmental approval to operate WECEP
programs in the 1992-94 school-years.
---------------------------------------------------------------------------

Child Labor Reg. 3 permits work by 14- and 15-year-olds in certain
occupations in retail, food service, and gasoline service
establishments, and prohibits their employment in certain other work,
including work prohibited by hazardous occupational orders.
Pursuant to the FLSA child labor provisions, the Secretary has
issued standards governing employment of minors under 18 years of age
in nonagriculture occupations. The 17 nonagricultural hazardous
occupations orders (HOs) now in effect are contained in 29 CFR part
570, subpart E. Prohibitions established by these HOs apply either on
an industry basis, specifying the occupations in the industry that are
not covered, or on an occupational basis irrespective of the industry
in which performed. The current nonagricultural HOs deal with
manufacturing and storing explosives (HO 1); motor-vehicle driving and
outside helper (HO 2); coal mining (HO 3); logging and sawmilling (HO
4); power-driven woodworking machines (HO 5); exposure to radioactive
substances (HO 6); power-driven hoisting apparatus (HO 7); power-driven
metal-forming, punching, and shearing machines (HO 8); mining, other
than coal mining (HO 9); slaughtering, or meat-packing, processing, or
rendering (HO 10); power-driven bakery machines (HO 11); power-driven
paper-products machines (HO 12); manufacturing brick, tile, and kindred
products (HO 13); power-driven circular saws (HO 14); wrecking,
demolition, and ship-breaking operations (HO 15); roofing operations
(HO 16); and excavation operations (HO 17).
Occupations in agriculture found particularly hazardous and,
consequently, prohibited by the Secretary for children below the age of
16 are contained in subpart E-1 of 29 CFR part 570.
Because of changes in the workplace and the introduction of new
processes and technologies since the adoption of current regulatory
standards, as well as changes in places where young workers find
employment opportunities, the existence of differing Federal and State
standards, and the divergent views on how best to correlate school and
work experiences, the Department is undertaking a comprehensive review
of the criteria for child labor employment, and is considering
proposing revisions to Regulations, 29 CFR part 570. Accordingly, this
advance notice of proposed rulemaking is being published to obtain the
views of the public with respect to the matters set out below as well
as to any other issues of interest under this regulation.

I. Permissible Hours, Time-of-day, and Occupational Standards Under
Child Labor Reg. 3

Since the regulations relating to hours, time and occupations were
last amended, the Department has engaged in periodic reviews of the
appropriateness of these regulations.
Thus, for example, in 1982, the Department published a proposal in
the Federal Register to, among other things, modify the permissible
periods of work for 14- and 15-year-olds.\2\ This proposal would have
increased the maximum daily hours from 3 to 4 hours on a school day,
and increased the maximum weekly hours of employment when school is in
session from 18 to 24 hours. The proposal would have further permitted
14- and 15-year-olds to work up to 36 hours in any week when school was
in session for only a portion of the week due to holidays or vacation
periods. Finally, this proposal would have generally expanded the end-
of-day time restriction from 7 to 9 p.m. on school days, and would have
established a 10 p.m. end-of-day limit on any day during the summer
months or preceding a nonschool day. The 1982 proposal generated
considerable public interest and controversy. The Department
subsequently suspended the proposal from further consideration, and it
was not implemented as a final rule.\3\
---------------------------------------------------------------------------

\2\47 FR 31254, July 16, 1982; 47 FR 34166, August 6, 1982
(extending the comment period to January 13, 1983).
\3\50 FR 17434, April 29, 1985 (DOL's Semiannual Regulatory
Agenda).
---------------------------------------------------------------------------

In August 1987, the Department established a Child Labor Advisory
Committee (CLAC)\4\ to provide advice and guidance in the development
of possible proposals to change existing standards. In its review of
hours and time of work issues, the Committee recommended that existing
hours and time of work standards be retained without modification.
---------------------------------------------------------------------------

\4\The CLAC was composed of 21 members representing employers,
education, labor, child guidance professionals, civic groups, child
advocacy groups, State officials, and safety groups.
---------------------------------------------------------------------------

In the U.S. Congress, bills have been introduced in the House and
Senate that include, among other things, hours and time restrictions
for 14- and 15-year-old employees. Bills to reform the FLSA's child
labor provisions, H.R. 1106, introduced February 24, 1993, and S. 86,
introduced January 21, 1993, would allow 14- and 15-year-olds to work
only for 3 hours a day and 15 hours a week, or between the hours of 7
a.m. and 7 p.m. when school is in session. Under H.R. 1106, 16- and 17-
year-old minors could not, for the first time, work more than 4 hours a
day or 20 hours a week, or before 6 a.m. or after 10 p.m. when school
is in session. These hours and time restrictions for 14- and 15-year-
olds are similar to the existing regulations, except that the bills set
a 15 hours-per-week limit (rather than the current, regulatory 18).
Under a model State child labor law drafted by the Child Labor
Coalition (a child labor advocacy group of 35 organizations interested
in updating child labor laws), the maximum hours of employment for 14-
and 15-year-olds would be set at 15 hours a week while in school, and
30 hours a week when school is not in session. For 16- and 17-year-
olds, the maximum work hours would be 30 when school is in session and
40 hours when it is not.
The Department has also continued to receive input from the public
suggesting that certain changes be made in the regulations.5 The
National Restaurant Association (NRA), the International Association of
Amusement Parks and Attractions (IAAPA), and the Fresno (California)
Private Industry Council, among others, have requested that the
Department change the regulations. Correspondence has also been
received from individual employers, Members of Congress, and members of
State legislatures.
---------------------------------------------------------------------------

\5\ Section 570.38 of the regulations provides that persons
desiring revisions of subpart C of part 570 may submit in writing to
the Secretary of Labor a petition setting forth the changes desired
and the reasons for proposing them. In response, the Secretary may
either schedule hearings or make other provisions for affording
interested parties an opportunity to be heard.
---------------------------------------------------------------------------

In 1992, for example, the NRA noted that nearly 20 percent of
employed teens work in food service occupations and that roughly 25
percent of the industry's hourly workers are in their teens. The NRA
also pointed to a high overall teen unemployment rate and suggested a
number of reforms to the regulations, including:

(1) Allowing 14- and 15-year-olds to work up to 24 hours a week
when school is in session for four days or less due to holiday or
vacation breaks (currently limited to 18 hours during weeks when
school is in session for one or more days);
(2) Expanding the limit to 4 hours on Sundays through Thursdays,
i.e., days followed by school days, and to 8 hours on Fridays and
Saturdays (currently limited to 3 hours on school days);
(3) Changing the 7 p.m. limitation during the school year to 9
p.m. on Sundays through Thursdays and to 11 p.m on Fridays and
Saturdays; and
(4) Changing the 9 p.m. limitation during the summer vacations
(from June 1 to Labor Day) to 11 p.m.

Reforms suggested by the International Association of Amusement Parks
and Attractions (IAAPA) include:

(1) Allowing 14- and 15-year-olds to work up to 24 hours a week
when school is in session for 5 days, and up to 36 hours a week when
school is in session for any part of a week due to holidays or
vacation (with the actual hours limit determined by subtracting from
40 hours, 4 hours for each day that school is in session during the
partial school week);
(2) Changing the current 3-hours-per-day limit when school is in
session to 4 hours; and
(3) Changing the 9 p.m. end-of-day limitation during the summer
period to 11 p.m.

The Department is also aware of the child labor standards
established by State governments. In this regard, nearly all States
have employment restrictions applicable to young workers and, although
many have adopted standards similar to the Federal standards for 14-
and 15-year-olds, the restrictions vary significantly. For example,
most States limit the number of hours that may be worked in a day when
school is not in session to 8 hours; only three States allow more than
8 hours of work in a day when school is not in session. Most States
limit the number of hours that may be worked in a week when school is
not in session to 40 hours; fifteen States, however, permit work in
excess of 40 hours when school is not in session, with the number of
hours allowed ranging from 44 to 56. With respect to the number of
hours that may be worked in a week when school is in session, a large
number of the States do not have any specific restrictions. Eighteen
States restrict work to no more than 18 hours; two States restrict work
to 16 and 15 hours, respectively; two States restrict work hours to 18
hours but allow more hours when school is not in session for a full
week; and seven other States have provisions that allow work in excess
of 20 hours a week when school is in session.
Of the States that restrict daily work hours, 20 provide for a 3-
hour limitation on a school day, whether or not the following day is a
school day; one State sets a 3-hour limit on days followed by a school
day; and one State permits longer hours on Saturdays and Sundays. A
daily limit of 4 hours is allowed by seven States, with one of these
States permitting additional hours on Fridays and on a school day
preceding a day when school is not in session.
Four States have established maximum permissible daily and/or
weekly combined school and work hours, i.e., 10 total hours of combined
school and work on a daily basis, or 48 total hours of combined school
and work on a weekly basis.
In 28 States, work beyond 7 p.m. is prohibited except during the
summer, on a holiday, or on a day preceding a day when school is not in
session, when work until 9 p.m. is allowed in 26 of these States, and
until 10 p.m. in the other two States. Two additional States prohibit
work after 7 p.m. at all times. An additional 19 States allow work at
least until 8 p.m.; another five States permit work until 10 p.m.
In addition to allowing more working hours during the summer, State
standards often distinguish between days preceding a school day from
those preceding a non-school day. Several States also make a
distinction between full school weeks and weeks when school is in
partial session because of holiday and vacation time, permitting more
hours to be worked in partial school weeks.
Under the Department's Work Experience and Career Exploration
Program (WECEP), which began in 1969, 14- and 15-year-old enrollees
were initially permitted to work up to 28 hours per week when school
was in session and up to 4 hours on a school day, any portion of which
could be during school hours. Studies of WECEP indicated that limited
labor market experience in a controlled school setting had a definite
positive impact on the scholastic performance and school attendance of
participating 14- and 15-year-old students. These studies also
established that the optimum hours--at which students attained the
greatest educational benefits--were fewer than the maximum hours
originally allowed. As a result, in 1975, the permissible hours of
employment under WECEP were reduced to 3 hours per day and 23 hours per
week, and these revised standards were adopted in final regulations
published in the Federal Register on September 3, 1975. See 29 CFR
570.35a(d).
The Department is also aware that some employers of young workers
have adopted special programs designed to achieve complementary
integration of educational and work experiences. Such employers may,
for example, ascertain young workers' grade point averages (GPA) at the
time of hiring; arrange work schedules, subject to parental consent, to
accommodate the scholastic needs of students; allow young workers to
study at the workplace; give bonuses for superior academic achievement
or school attendance; monitor young workers' academic performance and
school attendance during employment; and ensure that students, prior to
hiring, know their employment rights and the regulations applicable to
minors.
The Department seeks comments on whether there is a need for
changes in the requirements of Child Labor Reg. 3 for students
participating in programs under statewide School-to-Work Opportunities
systems advocated by the School-to-Work initiative jointly sponsored by
the Departments of Education and Labor (see 59 FR 5266 (February 3,
1994) and 59 FR 11154 (March 9, 1994)). Programs developed under this
initiative are intended to give youth access to education and training
opportunities that will prepare them for high-skill, high-wage careers.
The Department, for the reasons discussed above, is particularly
interested in obtaining public comment on the appropriateness and
feasibility of the following matters:
1. Should greater flexibility be allowed in the permissible hours
of work for 14- and 15-year-olds whose employers have a formal
``employer-parent-school'' program that links meaningful work
experiences with support for the attainment of the student-employee's
educational goals and ongoing academic performance? Commenters are
requested to include specific recommendations as to the standards or
criteria that should be considered for inclusion in any future
rulemaking to define such special programs, and as to the changes in
permissible work hours that would be appropriate for 14- and 15-year-
olds whose employers maintain such programs. Commenters are also
requested to provide information regarding the implications for
employer recordkeeping that might be necessary for the Department to
monitor compliance with the standards for any such programs, and
recommendations for how these recordkeeping requirements should be
addressed.
2. The current regulations contain an end-of-day restriction of 7
p.m. on days when school is in session. A less restrictive time of 9
p.m. is permitted during the summer vacation period defined in the
regulations as June 1 through the Labor Day holiday. When school is in
session, the regulations make no distinction between a day preceding a
school day and one preceding a non-school day, i.e., typically Fridays,
Saturdays, and days before a school holiday. Should there be different
restrictions on times of work on days preceding a non-school day and,
if so, why? Would any such changes interfere with the schooling,
health, or well-being of young workers? If an end-of-day restriction
different from 7 p.m. is appropriate on days preceding a non-school
day, what should the time restriction be on such days, and why? Should
the Department consider a later end-of-day time for work during the
summer months when school is not in session? If so, what should that
time be and why?
3. The regulations currently limit the daily hours that may be
worked by 14- and 15-year-olds to 3 hours on days when school is in
session; 8 hours when school is not in session. Should a distinction be
made in the number of hours that may be worked on a day preceding a
non-school day (typically Friday, Saturday, and the day before a school
holiday) and, if so, how many hours should be permitted and why?
4. Weekly hours for 14- and 15-year-olds are limited by the
regulations to 18 hours when school is in session. While some States
permit more hours, only two limit permissible weekly hours to less than
the 18-hour standard, one to 16 and another to 15. On the other hand,
the child labor reform bill pending in the U.S. House of
Representatives (H.R. 1106) and the Model state law drafted by the
Child Labor Coalition would limit the number of hours that may be
worked each week to 15. Should the existing Federal standard be changed
and, if so, how many hours should be permitted and why? Should a
distinction be made for those weeks when school is in session less than
five days?
5. Traditionally, schools were not ``in session'' during the summer
months and the regulations reflected this common schedule by providing
less-restrictive hours and time limitations during the summer vacation
period between June 1 and the Labor Day holiday. School systems,
however, have begun converting to non-traditional attendance schedules
and remain open year-round. For example, some public and private
schools have implemented academic quarter-year, trimester, or other
alternative attendance schedules under which the schools schedule
classes year-round, but not all students are attending school at any
point in time. For these schools, the traditional concept of the
``summer vacation break'' between June 1 and Labor Day has become
irrelevant. Additionally, home education programs are now more common,
not only in school jurisdictions where the public schools operate on
uniform attendance calendars applicable to all students, but also in
school jurisdictions where the public schools operate year-round or on
a platoon system. Should the regulations be changed to accommodate
different structures for when school is ``in session'' and what are the
particular changes that should be made to reflect the characteristics
of alternative school schedules? If the concept is based on the
schedule for school attendance of individual student-employees (rather
than the entire school system), how do employers and student-employees
determine when different hours restrictions are applicable and what
records would have to be maintained to ensure compliance?
The Department is also reviewing the occupational provisions
contained in Reg. 3 to determine what changes, modifications, or
clarifications, if any, are appropriate for 14- and 15-year-old
employees. The Department is interested in obtaining public comment on
all aspects of these provisions, including the following matters:
1. Section 570.34(b)(5), promulgated prior to the advent of the
fast food industry, prohibits cooking by 14- and 15-year-olds employed
by retail and food establishment cooking at soda fountains, lunch
counters, snack bars, or cafeteria serving counters. This prohibition
has been interpreted by the Department to allow cooking only when the
activity is in ``plain view'' of customers. Thus, the cooking
prohibition applies to full service restaurants and certain fast food
restaurants where the cooking configuration does not permit customers
to plainly view the cooking activity. Should cooking be permitted in
retail and food establishments, and, if so, what restrictions, if any,
would be appropriate to ensure the safety and health of young workers?
Should all cooking be prohibited, and, if so, why?
2. Section 570.33(b) prohibits the employment of 14- and 15-year-
olds in any occupation which involves ``* * * any power-driven
machinery other than office machines.'' The operation of certain power-
driven devices, equipment, and tools in retail, food service, and
gasoline service establishments is expressly permitted by Sec. 570.34.
In such industries, 14- and 15-year-olds may, for example, operate
vacuum cleaners, floor waxers, dishwashers, toasters, dumbwaiters,
popcorn poppers, milk shake blenders, and coffee grinders. Fourteen-
and 15-year-olds are also permitted to operate office machines in
connection with office and clerical work and cash registers in
connection with retail sales work. Should any of the machines, etc.,
expressly permitted in Reg. 3 be reconsidered because their use
adversely affects the health and well-being of such workers? If so,
why? Are there power-driven machines, etc., in the contemporary
workplace not now expressly permitted by Reg. 3 which 14- and 15-year-
olds should be allowed to operate? If so, identify the machines and
explain why their use should be permitted. Also, questions periodically
arise about the meaning of ``power-driven'' and whether the term
includes tools, equipment, etc., that are activated by battery power,
i.e., many tools and devices are now power-activated by rechargeable
battery units. Should the term ``power-driven'' include equipment,
tools, etc. powered by such sources, and why or why not?
3. In addition, consideration is being given to two clarifying
modifications which would incorporate existing Departmental enforcement
policy into the regulations. Section 570.34(b)(7) prohibits 14- and 15-
year-olds from working in freezers and meat coolers. Such workers are
prohibited from working as dairy stock clerks, meat clerks, deli
clerks, produce clerks, or frozen-food stock clerks where their duties
would require them to enter and remain in coolers or freezers for
prolonged periods. Inventory and cleanup work involving prolonged stays
in freezers and coolers also is prohibited. On the other hand, food
preparers in fast food restaurants or cashiers in grocery stores whose
duties require entry to such refrigeration equipment only momentarily
to retrieve items are not considered as working in coolers and freezers
for enforcement purposes. Because this traditional interpretation of
the ``cooler and freezer'' prohibition is not specifically contained in
the regulations, a regulatory clarification may be appropriate.
Similarly, a regulatory clarification to reflect longstanding
policy concerning solicitations for newspaper subscriptions may be
appropriate. Section 13(d) of the FLSA exempts from the minimum wage,
overtime, and child labor provisions (Secs. 6, 7, and 12) ``* * * any
employee engaged in the delivery of newspapers to the consumer.''
Accordingly, such work is outside the scope of the child labor
regulations. However, the Department has held, on the basis of a legal
opinion from the Solicitor, that the ``newspaper'' exemption does not
apply when the minor is performing nonexempt work such as participation
in a sales blitz where newspaper subscriptions are solicited outside
the assigned paper route for delivery by other delivery persons. Should
this enforcement position be incorporated in the provisions of Child
Labor Reg. 3?
The Department recognizes the delicate balance between the value of
jobs that provide positive, formative experiences, and the negative
effects that excessive hours of employment of youth can have on their
academic performance, and their health and well-being. Public comments,
which should include supporting data whenever available, are
specifically invited on such relevant factors as:

(1) The need for safe and healthy employment opportunities for
14- and 15-year-olds;
(2) The biological developmental factors, such as muscle
coordination and attention span, present in 14- and 15-year-olds
which should be considered with regard to their conditions of
employment;
(3) The educational needs of 14- and 15-year-olds and the effect
on their academic success of longer and/or later hours of work;
(4) The correlation between longer and/or later hours of work
and the safety and health of 14- and 15-year-olds;
(5) The correlation between employment opportunities for 14- and
15-year-olds and their personal and educational development; and
(6) The potential effects of specific changes in the regulations
on the employment opportunities of 14- and 15-year-olds.

II. Nonagricultural Hazardous Occupations Orders for the Employment of
Youth Under 18 Years of Age

The first seven HOs were developed under the direction of the
Children's Bureau between 1939 and 1946. In 1946, authority for the
program was transferred from the Children's Bureau to the Department of
Labor under Reorganization Plan No. 2. HOs 8 through 17 were issued by
the Bureau of Labor Standards between 1950 and 1963. In the intervening
years, the Department has made some clarifying modifications to these
HOs that largely incorporate Departmental interpretations and
enforcement policy, and hazardous occupations in agricultural were
promulgated in 1970.
As a result of various recommendations made by the Department's
Child Labor Advisory Committee (CLAC), a notice of proposed rulemaking
was published to clarify or modify HO 2, HO 10, and HO 12 on October
23, 1990 (55 FR 42812). The final rule, published on November 20, 1991
(56 FR 58626), clarified the existing HOs to:
(1) Eliminate exemption procedures contained in HO 2 which allowed
minors under 18 years of age to work as school bus drivers;
(2) Specify that restaurants, fast food establishments, and other
retail establishments are subject to HO 10 prohibiting minors under the
age of 18 from using power-driven meat processing equipment;
(3) Specifically provide that meat slicers are meat processing
equipment within the meaning of the HO 10 prohibitions; and
(4) Amend HO 12 to expressly prohibit minors under the age of 18
from using power-driven paper baling machinery in the processing of
waste paper.
The CLAC made a number of additional recommendations which were not
included in the HO 2, 10, and 12 rulemaking. For example, the CLAC
recommended that HO 10 be amended to also include bacon slicing
machines in the list of prohibited machines, and to prohibit the use of
such machines without regard to the purpose of their use, i.e., power-
driven meat processing machines used primarily for processing products
other than meat. The CLAC also was of the view that food processing in
industries other than meat processing, such as poultry, fish, and
seafood processing, should be studied by the Department to determine
the need for protecting young workers from hazardous activity. With
respect to HO 2, the CLAC made several recommendations, including
defining and delimiting the terms ``occasional and incidental'' driving
and ``outside helper,'' specifically prohibiting the operation of
trucks on private property, and specifically excluding motorcycles,
mopeds, or similar vehicles from the ``occasional and incidental''
exception. With respect to HO 11, the CLAC recommended a complete ban
on the operation of all power-driven bakery machinery, and also
recommended further study of power-driven paper products machines
addressed in HO 12.
Of particular concern to the CLAC was the lack of sufficient and
relevant data to support comprehensive review of existing HOs or
findings that certain contemporary occupations, processes, machinery
and worksites are particularly hazardous for employment of youths under
age 18, or detrimental to their health or well-being. The lack of
comprehensive statistics on minors injured in the workplace has been a
longstanding concern of the Department. Historically, some limited
information was generated, largely from secondary sources and
statistical records from the few States that compiled worker
compensation data, to support the case for each of the existing HOs.
Fundamental to some of the existing HOs (e.g., HO 15, shipbreaking),
however, was the notion that work found to be particularly hazardous or
detrimental to the health and well-being of adult workers would be
injurious to minor workers.
To address this concern, the Department is continuing its efforts
to develop reliable youth injury statistics through enhancements of
information reported by the Bureau of Labor Statistics (BLS). BLS is
redesigning its Occupational Safety and Health Statistical reporting
system to collect more comprehensive work-related injury and illness
data on all workers, including young workers. This new system, the
Survey of Occupational Injuries and Illnesses, will collect information
from about 280,000 establishments from a sampling frame of
approximately six million establishments. The new survey will include
data by occupation, age, gender, race, and length of service with
details on, among other things, the nature of the injury/illness, the
part of body affected, the primary and secondary sources of the injury/
illness, and the event or exposure leading to the injury/illness. BLS
has developed another major safety and health data reporting system
with its Census of Fatal Occupational Injuries program. This data base
includes information on fatally injured workers (industry, occupation,
age, sex, and race) and the fatal events (nature of the injury and how
it happened).
The Department believes that such injury data is essential to
support ongoing comprehensive and systematic reviews of occupations,
processes, machinery, and worksites which are particularly hazardous
for workers under 18 years of age, or detrimental to their health or
well-being. While such data will enhance the Department's ability to
pinpoint patterns of injuries and illness by various characteristics,
i.e., problems areas, specific information about workplaces, processes,
and machines causing injuries or illness must still be identified,
e.g., data can indicate that a ``machine'' was the object which
produced injuries in a particular industry, but specific information on
the type of machine and/or its peculiar characteristics may continue to
be a key part of HO determinations.
The Department's review of State child labor laws supports the view
of the CLAC that the existing HOs need to be revisited and that
contemporary circumstances may warrant new or different protections for
minors under the age of 18. The standards in those States that regulate
employment under age 18 prohibit employment on certain types of
machines, in work involving hazardous substances, in hazardous
locations, in dangerous occupations, and in specific industries. While
specific prohibitions vary widely among these States, a significant
number of States have promulgated work prohibitions in areas of
particular interest to the Department: At least nine States
(Connecticut, Florida, Iowa, Louisiana, Maryland, Minnesota, New
Jersey, New York, and Washington) prohibit exposure to carcinogenic,
corrosive or toxic substances; a number of States (Arkansas,
Connecticut, Delaware, Florida, Maryland, and Pennsylvania) prohibit
work on electric apparatus or wiring; four States (Illinois, North
Dakota, Washington and Wisconsin) now prohibit exposure to body fluids
and infectious agents; and several States (Colorado, Connecticut,
Florida, Minnesota, and Washington) place restrictions on work above
specified heights.
Further, the Department is aware of Congressional interest in the
updating of workplace protections for minors under the age of 18. The
bills referred to above, H.R. 1106 and S. 86, would direct the
Secretary of Labor to find and declare HOs prohibiting the employment
of minors in poultry processing, fish and seafood processing, and in
the handling of pesticides. In addition, H.R. 1106 would, among other
things, eliminate any exemption from the motor vehicle operation
prohibition in HO 2 except for driving by a 17-year-old that is
``secondary and incidental'' to the minor's main occupation; and
expressly apply HO 10 to restaurants and fast food establishments.
While the Department is interested in obtaining public comment on
any modifications, deletions, clarifications, or other changes that may
be appropriate in existing HOs, and any areas of work that should be
addressed by new HOs, public comment is specifically invited on the
appropriateness and feasibility of the following:

1. Food Processing

HO 10 currently prohibits the employment of youth under 18 in
certain occupations involving slaughtering, meat-packing or processing,
or rendering. There are no comparable restrictions involving poultry
processing and fish and seafood processing. Should the Department adopt
restrictions in these industries, and, if so, are there particular
machines or operations which should be restricted? To what extent are
minors under 18 employed in such industries, and what is the nature of
the work performed? Should such restrictions encompass all food
processing? Do studies, injury and illness data, etc., exist which
support prohibiting the employment of minors under the age of 18 in all
food processing activity?

2. Hazardous Wastes and Toxic Substances

Existing regulations do not address exposures to hazardous wastes
and toxic substances in nonagricultural employment. In agriculture, the
handling of or applying toxic agricultural chemicals by youth under the
age of 16 is prohibited (see Sec. 570.71(a)(9)). The model State child
labor law drafted by the Child Labor Coalition, discussed above, would
ban all occupations involving the loading, mixing, applying, handling,
or working around or near any fertilizer, herbicides, fungicides,
pesticides, insecticides, and/or any other chemical. In addition, this
model legislation would prohibit the loading, handling, mixing, or
applying of chemicals, including cleaning agents or disinfectants,
which could result in allergic reactions, poisonings, or internal or
external injuries. The use or handling of heavy metals, including
mercury and lead, would also be prohibited by the proposed model
legislation.
A number of States have adopted standards along the same lines.
Several States, for example, prohibit exposure to carcinogenic,
corrosive, or toxic substances. Working with lead, working in the
manufacturing of paint, acids or poisons, and exposure to asbestos and
related substances are other areas banned by particular States.
Is there a commonly understood definition of toxic or hazardous
substances, and what standards or criteria would be appropriate for use
in Federal standards for workers under 18 years old? Should different
standards apply to 14- and 15-year-olds? Are there data to support such
standards or criteria? Should specific substances or materials be
identified in an HO, or would a more generic framework be appropriate?
Is an occupational and/or industry framework a reasonable alternative,
and, if so, which occupations and/or industries create the greatest
concerns that such exposure is detrimental to the health and well-being
of youth under age 18? What are the compliance difficulties associated
with limiting employment in this area, and how can they be minimized?

3. Electric Apparatus and Wiring

Available injury and illness data indicate a high incidence of
fatal injuries in the construction industry resulting from electric
shock. A significant number of these deaths were suffered by workers
between the ages of 16 and 19. Construction industry accidents
involving electric shock are attributed to working directly with
electricity, using hand held power driven tools, from electric cords,
and from ladders, scaffolds and other equipment coming in contact with
overhead wires. While the current child labor regulations do not deal
with electricity, at least six States prohibit young workers from
working with electric apparatus and wiring.
Should consideration be given to establishing a prohibition of such
activity in the construction industry? Why? Should a broad-based
generic prohibition be considered as opposed to occupational-specific
prohibitions, and, if so, how should the prohibition be formulated?
Should an exemption be permitted for employment of 16- and 17-year-old
apprentices and student learners as in the case of certain other HOs
(HOs 5, 8, 10, 12, 14, 16, and 17)?

4. Heights

Under HO 16, all occupations in roofing operations are prohibited.
The HO's prohibition does not include gutter and downspout work; the
construction of the sheathing or base of roofs; or the installation of
television antennas, air conditioners, exhaust and ventilating
equipment, or similar appliances attached to roofs.
Several States currently restrict work above certain heights by
young workers. These standards either involve work performed at heights
above 10 feet or at heights 6 feet above ground, and include elevated
surfaces such as scaffolds and ladders.
While work in roofing occupations is specifically prohibited by HO
16, work in other occupations requiring work on a roof are not. Should
all occupations involving work on roofs be prohibited? If so, why? As
above, should consideration be given to the possible development of a
generic restriction with cross-industry application or to particular
occupations and/or industries, e.g., the construction industry? Also,
should an exemption be permitted for employment of 16- and 17-year-old
apprentices and student learners?

5. Body Fluids and Infectious Agents

The States of Wisconsin and Washington have prohibited all minors
from working in occupations involving exposure to body fluids including
blood or infectious agents, and in 1993 the States of North Dakota and
Illinois banned such employment for minors under the age of 16. Other
States accomplish a similar objective using an industry/occupation
approach. In Virginia, for example, minors under the age of 16 cannot
work as laboratory helpers, therapists, orderlies, or nurses' aides in
any hospital, nursing home, clinic, or other establishment providing
care for resident patients. Minors under the age of 18 are prohibited
by the State of Washington from employment in the occupation of nurses'
aid, except as a student or after training, and by the State of
Wisconsin from employment in hospitals and nursing homes. The model
State law drafted by the Child Labor Coalition, referred to above,
would ban all occupations involving the handling or storage of blood,
blood products, body fluids and body tissues, and medical or other
dangerous wastes.
What evidence exists to support a finding that such exposures are
particularly hazardous, or detrimental to the health or well-being of
young workers, or that they are at risk in the absence of work
prohibitions? Are other governmental safeguards, i.e., standards
established by the Occupational Safety and Health Administration
(OSHA), sufficient to protect minors? As above, would an occupation/
industry-specific approach, in contrast to a generic formulation, be
more feasible, and, if so, why?

6. Student-Learner Exceptions

Another area of the regulations under review concerns the student-
learner provisions in Sec. 570.50(c). Certain of the HOs (HO 5, 7, 10,
12, 14, 16, and 17) contain an exemption for the employment of student-
learners between the ages of 16 and 18. For the exemption to apply,
Secs. 570.50(c)(2)(i) and (ii) require a written agreement which
provides that the work of the student-learner in a vocational training
program involving these otherwise prohibited occupations and activities
must be ``incidental'' to the training and that the work is
``intermittent and for short periods of time.'' The Department is
seeking comment on whether there is a need for changes to these two
requirements for student-learners participating in programs under
statewide School-to-Work Opportunities systems advocated by the School-
to-Work initiative jointly sponsored by the Departments of Education
and Labor (see 59 FR 5266 (February 3, 1994) and 59 FR 11154 (March 9,
1994)). Programs developed under this initiative are intended to give
youth access to education and training opportunities that will prepare
them for high-skill, high-wage careers. The Department solicits public
comment on whether any changes are needed to these two requirements in
order to facilitate this objective. The changes being considered would
be limited to student-learners under School-to-Work Opportunities
programs and would affect only those HOs which have traditionally
included a student-learner exception. School-to-Work Opportunities
programs would remain subject to the requirements that the activity be
performed under the direct and close supervision of a qualified and
experienced person, that safety instructions be given by the school and
correlated by the employer with on-the-job training, and that a
schedule of organized and progressive skill development activities be
prepared. Also, work done in prohibited occupations would be an
essential and integral part of the student-learner's training program.
If there are no changes made to the student-learner exception, would
this significantly foreclose school-to-work training opportunities? If
this were the case, what other alternatives should the Department
consider to facilitate the effectiveness of employment in the School-
to-Work Opportunities program?

III. General

In soliciting comments on the above or any other aspects of the
child labor regulations considered appropriate by commenters, such as
the HO 10 exemption for bacon-slicing machines, the Department is
specifically interested in data, reports, cost-benefit analyses,
studies and other documentation which support the positions taken or
otherwise relate to the Department's objective to develop updated,
realistic health and safety standards for today's young workers. Any
impact on school-to-work transition programs should also be discussed.
This document was prepared under the direction and control of Maria
Echaveste, Administrator, Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor.

List of Subjects in 29 CFR Part 570

Child labor, Child labor occupations, Employment, Government,
Intergovernmental relations, Investigations, Labor, Law enforcement,
Minimum age.

Signed at Washington, DC, on this 4th day of May, 1994.
Maria Echaveste,
Administrator, Wage and Hour Division.
[FR Doc. 94-9947 Filed 5-12-94; 8:45 am]
BILLING CODE 4510-27-P

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-9947. Public record. Not legal advice.