Chapter 8, Section 213, Subsection (c) · 29 U.S.C. Chapter 8

Contents

(c)

(1)Except as provided in paragraph (2) or (4), the provisions of section 212 of this title relating to child labor shall not apply to any employee employed in agriculture outside of school hours for the school district where such employee is living while he is so employed, if such employee—

(A)is less than twelve years of age and (i) is employed by his parent, or by a person standing in the place of his parent, on a farm owned or operated by such parent or person, or (ii) is employed, with the consent of his parent or person standing in the place of his parent, on a farm, none of the employees of which are (because of subsection (a)(6)(A)) required to be paid at the wage rate prescribed by section 206(a)(5) 1 of this title,

(B)is twelve years or thirteen years of age and (i) such employment is with the consent of his parent or person standing in the place of his parent, or (ii) his parent or such person is employed on the same farm as such employee, or

(C)is fourteen years of age or older.

(2)The provisions of section 212 of this title relating to child labor shall apply to an employee below the age of sixteen employed in agriculture in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children below the age of sixteen, except where such employee is employed by his parent or by a person standing in the place of his parent on a farm owned or operated by such parent or person.

(3)The provisions of section 212 of this title relating to child labor shall not apply to any child employed as an actor or performer in motion pictures or theatrical productions, or in radio or television productions.

(4)

(A)An employer or group of employers may apply to the Secretary for a waiver of the application of section 212 of this title to the employment for not more than eight weeks in any calendar year of individuals who are less than twelve years of age, but not less than ten years of age, as hand harvest laborers in an agricultural operation which has been, and is customarily and generally recognized as being, paid on a piece rate basis in the region in which such individuals would be employed. The Secretary may not grant such a waiver unless he finds, based on objective data submitted by the applicant, that—

(i)the crop to be harvested is one with a particularly short harvesting season and the application of section 212 of this title would cause severe economic disruption in the industry of the employer or group of employers applying for the waiver;

(ii)the employment of the individuals to whom the waiver would apply would not be deleterious to their health or well-being;

(iii)the level and type of pesticides and other chemicals used would not have an adverse effect on the health or well-being of the individuals to whom the waiver would apply;

(iv)individuals age twelve and above are not available for such employment; and

(v)the industry of such employer or group of employers has traditionally and substantially employed individuals under twelve years of age without displacing substantial job opportunities for individuals over sixteen years of age.

(B)Any waiver granted by the Secretary under subparagraph (A) shall require that—

(i)the individuals employed under such waiver be employed outside of school hours for the school district where they are living while so employed;

(ii)such individuals while so employed commute daily from their permanent residence to the farm on which they are so employed; and

(iii)such individuals be employed under such waiver (I) for not more than eight weeks between June 1 and October 15 of any calendar year, and (II) in accordance with such other terms and conditions as the Secretary shall prescribe for such individuals’ protection.

(5)

(A)In the administration and enforcement of the child labor provisions of this chapter, 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 August 6, 1996, 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 212 of this title relating to oppressive child labor or a regulation or order issued pursuant to section 212 of this title. The Secretary shall, prior to making such a determination, conduct an investigation and inspection in accordance with section 212(b) of this title.

(vi)The reporting requirements of this subparagraph shall expire 2 years after August 6, 1996.

(6)In the administration and enforcement of the child labor provisions of this chapter, employees who are under 17 years of age may not drive automobiles or trucks on public roadways. Employees who are 17 years of age may drive automobiles or trucks on public roadways only if—

(A)such driving is restricted to daylight hours;

(B)the employee holds a State license valid for the type of driving involved in the job performed and has no records of any moving violation at the time of hire;

(C)the employee has successfully completed a State approved driver education course;

(D)the automobile or truck is equipped with a seat belt for the driver and any passengers and the employee’s employer has instructed the employee that the seat belts must be used when driving the automobile or truck;

(E)the automobile or truck does not exceed 6,000 pounds of gross vehicle weight;

(F)such driving does not involve—

(i)the towing of vehicles;

(ii)route deliveries or route sales;

(iii)the transportation for hire of property, goods, or passengers;

(iv)urgent, time-sensitive deliveries;

(v)more than two trips away from the primary place of employment in any single day for the purpose of delivering goods of the employee’s employer to a customer (other than urgent, time-sensitive deliveries);

(vi)more than two trips away from the primary place of employment in any single day for the purpose of transporting passengers (other than employees of the employer);

(vii)transporting more than three passengers (including employees of the employer); or

(viii)driving beyond a 30 mile radius from the employee’s place of employment; and

(G)such driving is only occasional and incidental to the employee’s employment.

For purposes of subparagraph (G), the term “occasional and incidental” is no more than one-third of an employee’s worktime in any workday and no more than 20 percent of an employee’s worktime in any workweek.

(7)

(A)

(i)Subject to subparagraph (B), in the administration and enforcement of the child labor provisions of this chapter, it shall not be considered oppressive child labor for a new entrant into the workforce to be employed inside or outside places of business where machinery is used to process wood products.

(ii)In this paragraph, the term “new entrant into the workforce” means an individual who—

(I)is under the age of 18 and at least the age of 14, and

(II)by statute or judicial order is exempt from compulsory school attendance beyond the eighth grade.

(B)The employment of a new entrant into the workforce under subparagraph (A) shall be permitted—

(i)if the entrant is supervised by an adult relative of the entrant or is supervised by an adult member of the same religious sect or division as the entrant;

(ii)if the entrant does not operate or assist in the operation of power-driven woodworking machines;

(iii)if the entrant is protected from wood particles or other flying debris within the workplace by a barrier appropriate to the potential hazard of such wood particles or flying debris or by maintaining a sufficient distance from machinery in operation; and

(iv)if the entrant is required to use personal protective equipment to prevent exposure to excessive levels of noise and saw dust.

United States Government work; public domain under 17 U.S.C. § 105.