PUBLIC LAW 104–174—AUG. 6, 1996 110 STAT. 1553

Public Law 104–174

104th Congress

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 compactors that meet appropriate American National Standards

Institute design safety standards.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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-yearold 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

Aug. 6, 1996

[H.R. 1114]
110 STAT. 1554 PUBLIC LAW 104–174—AUG. 6, 1996

‘‘(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—

Reports.

Federal Register,

publication.
PUBLIC LAW 104–174—AUG. 6, 1996 110 STAT. 1555

LEGISLATIVE HISTORY—H.R. 1114:

HOUSE REPORTS: No. 104–278 (Comm. on Economic and Educational

Opportunities).

CONGRESSIONAL RECORD:

Vol. 141 (1995): Oct. 24, considered and passed House.

Vol. 142 (1996): July 16, considered and passed Senate, amended.

July 25, House concurred in Senate amendment.

Æ

(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.

Approved August 6, 1996.

29 USC 213 note.