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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1114 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  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:

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
            ``(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 
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--
            (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. 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.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 1114

_______________________________________________________________________

                               AMENDMENT
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