In the Senate of the United States,
July 16, 1996
Resolved, That the bill from the House of Representa-
tives (H.R. 1114) entitled ‘‘An Act to authorize minors who
are under the child labor provisions of the Fair Labor Stand-
ards 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 stand-
ards’’, 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
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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 em-
ployees 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 com-
pactors 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 com-
pactors include an on-off switch incorporating a key-
lock or other system and the control of the system is
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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 em-
ployees 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 de-
scribed 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 stand-
ard 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).
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‘‘(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 com-
pactor; 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 implemen-
tation 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 employ-
ment where the incident occurred;
‘‘(II) the name, telephone number, and address of
the employee who suffered an injury or death as a re-
sult of the incident;
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‘‘(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 sub-
mitted 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 determina-
tion 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 sec-
tion 12. The Secretary shall, prior to making such a deter-
mination, conduct an investigation and inspection in ac-
cordance with section 12(b).
‘‘(vi) The reporting requirements of this subparagraph
shall expire 2 years after the date of enactment of this sub-
paragraph.’’.
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 ‘‘sec-
tion 12 or section 13(c)(5),’’; and
(2) by striking ‘‘that section’’ and inserting ‘‘sec-
tion 12 or section 13(c)(5)’’.
SEC. 3. CONSTRUCTION.
Section 1 shall not be construed as affecting the exemp-
tion for apprentices and student learners published in sec-
tion 570.63 of title 29, Code of Federal Regulations.
Attest:
Secretary.