The U.S. Department of Labor (DOL) is proposing revisions to child labor regulations that it hopes will strengthen the safety requirements for young workers employed in agriculture and related fields. The agricultural hazardous occupations orders under the Fair Labor Standards Act (FLSA) that bar young workers from certain tasks have not been updated since they were promulgated in 1970.
The department is basing its proposed updates on the enforcement experiences of its Wage and Hour Division (WHD), recommendations made by the National Institute for Occupational Safety and Health, and a commitment to bring parity between the rules for young workers employed in agricultural jobs and the more stringent rules that apply to those employed in nonagricultural workplaces. The proposed regulations would not apply to children working on farms owned by their parents.
"Children employed in agriculture are some of the most vulnerable workers in America," said Secretary of Labor Hilda L. Solis. "Ensuring their welfare is a priority of the department, and this proposal is another element of our comprehensive approach."
The proposal would strengthen current child labor regulations by prohibiting agricultural work with animals and in pesticide handling, timber operations, manure pits and storage bins. It would prohibit farmworkers under age 16 from participating in the cultivation, harvesting and curing of tobacco. And it would prohibit youth in both agricultural and nonagricultural employment from using electronic, including communication, devices while operating power-driven equipment.
The department also is proposing to create a new nonagricultural hazardous occupations order that would prevent children under 18 from being employed in the storing, marketing and transporting of farm product raw materials. Prohibited places of employment would include country grain elevators, grain bins, silos, feed lots, stockyards, livestock exchanges and livestock auctions.
Additionally, the proposal would prohibit farmworkers under 16 from operating almost all power-driven equipment. A similar prohibition has existed as part of the nonagricultural child labor provisions for more than 50 years. A limited exemption would permit some student learners to operate certain farm implements and tractors, when equipped with proper rollover protection structures and seat belts, under specified conditions.