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.
PL 104-174 (H.R.1114), enacted 08/06/1996

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 
Aug. 6, 1996 
into balers and compactors that meet appropriate American National Standards 
FH R 11141 
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 i
f
— 
"(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 
110 STAT. 1554 
PUBLIC LAW 104-174—AUG. 6, 1996 
Federal Register, 
publication. 
Reports. 
"(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); 
"(11) 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 emplo3anent 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 maJiing 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— 
PUBLIC LAW 104-174—AUG. 6, 1996 
110 STAT. 1555 
(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. 
29 USC 213 note. 
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. 
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.