H. R. 1114
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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 MATE-
RIALS 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 compac-
tors—
‘‘(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 sys-
tem 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
H. R. 1114—2
‘‘(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 unload-
ing 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—
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(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.