In the Senate of the United States,

July 16, 1996

Resolved, That the bill from the House of Representatives (H.R. 1114) entitled ‘‘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 compacters that meet appropriate

American National Standards Institute design safety standards’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. AUTHORITY FOR 16- AND 17-YEAR-OLDS TO

2 LOAD MATERIALS INTO SCRAP PAPER

3 BALERS AND PAPER BOX COMPACTORS.

4 Section 13(c) of the Fair Labor Standards Act of 1938

5 (29 U.S.C. 213(c)) is amended by adding to the end thereof

6 the following new paragraph:

7 ‘‘(5)(A) In the administration and enforcement of the

8 child labor provisions of this Act, employees who are 16

9 and 17 years of age shall be permitted to load materials
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1 into, but not operate or unload materials from, scrap paper

2 balers and paper box compactors—

3 ‘‘(i) that are safe for 16- and 17-year-old em4 ployees loading the scrap paper balers or paper box

5 compactors; and

6 ‘‘(ii) that cannot be operated while being loaded.

7 ‘‘(B) For purposes of subparagraph (A), scrap paper

8 balers and paper box compactors shall be considered safe

9 for 16- or 17-year-old employees to load only if—

10 ‘‘(i)(I) the scrap paper balers and paper box

11 compactors meet the American National Standards

12 Institute’s Standard ANSI Z245.5–1990 for scrap

13 paper balers and Standard ANSI Z245.2–1992 for

14 paper box compactors; or

15 ‘‘(II) the scrap paper balers and paper box com16 pactors meet an applicable standard that is adopted

17 by the American National Standards Institute after

18 the date of enactment of this paragraph and that is

19 certified by the Secretary to be at least as protective

20 of the safety of minors as the standard described in

21 subclause (I);

22 ‘‘(ii) the scrap paper balers and paper box com23 pactors include an on-off switch incorporating a key24 lock or other system and the control of the system is
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1 maintained in the custody of employees who are 18

2 years of age or older;

3 ‘‘(iii) the on-off switch of the scrap paper balers

4 and paper box compactors is maintained in an off

5 position when the scrap paper balers and paper box

6 compactors are not in operation; and

7 ‘‘(iv) the employer of 16- and 17-year-old em8 ployees provides notice, and posts a notice, on the

9 scrap paper balers and paper box compactors stating

10 that—

11 ‘‘(I) the scrap paper balers and paper box

12 compactors meet the applicable standard de13 scribed in clause (i);

14 ‘‘(II) 16- and 17-year-old employees may

15 only load the scrap paper balers and paper box

16 compactors; and

17 ‘‘(III) any employee under the age of 18

18 may not operate or unload the scrap paper

19 balers and paper box compactors.

20 The Secretary shall publish in the Federal Register a stand21 ard that is adopted by the American National Standards

22 Institute for scrap paper balers or paper box compactors

23 and certified by the Secretary to be protective of the safety

24 of minors under clause (i)(II).
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1 ‘‘(C)(i) Employers shall prepare and submit to the

2 Secretary reports—

3 ‘‘(I) on any injury to an employee under the age

4 of 18 that requires medical treatment (other than first

5 aid) resulting from the employee’s contact with a

6 scrap paper baler or paper box compactor during the

7 loading, operation, or unloading of the baler or com8 pactor; and

9 ‘‘(II) on any fatality of an employee under the

10 age of 18 resulting from the employee’s contact with

11 a scrap paper baler or paper box compactor during

12 the loading, operation, or unloading of the baler or

13 compactor.

14 ‘‘(ii) The reports described in clause (i) shall be used

15 by the Secretary to determine whether or not the implemen16 tation of subparagraph (A) has had any effect on the safety

17 of children.

18 ‘‘(iii) The reports described in clause (i) shall

19 provide—

20 ‘‘(I) the name, telephone number, and address of

21 the employer and the address of the place of employ22 ment where the incident occurred;

23 ‘‘(II) the name, telephone number, and address of

24 the employee who suffered an injury or death as a re25 sult of the incident;
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1 ‘‘(III) the date of the incident;

2 ‘‘(IV) a description of the injury and a narrative

3 describing how the incident occurred; and

4 ‘‘(V) the name of the manufacturer and the

5 model number of the scrap paper baler or paper box

6 compactor involved in the incident.

7 ‘‘(iv) The reports described in clause (i) shall be sub8 mitted to the Secretary promptly, but not later than 10

9 days after the date on which an incident relating to an

10 injury or death occurred.

11 ‘‘(v) The Secretary may not rely solely on the reports

12 described in clause (i) as the basis for making a determina13 tion that any of the employers described in clause (i) has

14 violated a provision of section 12 relating to oppressive

15 child labor or a regulation or order issued pursuant to sec16 tion 12. The Secretary shall, prior to making such a deter17 mination, conduct an investigation and inspection in ac18 cordance with section 12(b).

19 ‘‘(vi) The reporting requirements of this subparagraph

20 shall expire 2 years after the date of enactment of this sub21 paragraph.’’.

22 SEC. 2. CIVIL MONEY PENALTY.

23 Section 16(e) of the Fair Labor Standards Act of 1938

24 (29 U.S.C. 216(e)) is amended in the first sentence—
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1 (1) by striking ‘‘section 12,’’ and inserting ‘‘sec2 tion 12 or section 13(c)(5),’’; and

3 (2) by striking ‘‘that section’’ and inserting ‘‘sec4 tion 12 or section 13(c)(5)’’.

5 SEC. 3. CONSTRUCTION.

6 Section 1 shall not be construed as affecting the exemp7 tion for apprentices and student learners published in sec8 tion 570.63 of title 29, Code of Federal Regulations.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 1114

AMENDMENT