You’ve likely heard the chatter and may have even read the headlines about serious changes that may be on the way for children working in agriculture. So what is exactly going on? The first thing to point out is that, so far, this is just a proposal from the U.S. Department of Labor. A comment period is currently open on the proposal and it will remain so until DECEMBER 1 (a 30-day extension was granted).
WHY is the U.S. Department of Labor (DOL) proposing these changes?
According to an article from Dow Jones (READ IT HERE), Purdue University research shows that 26 people died in U.S. grain-elevator accidents in 2010. Six of the fatalities involved children under the age of 16. Statistics such as this have prompted the DOL to look for the first time in four decades at a list of jobs that could be to hazardous for children to perform.
WHAT jobs to they think could be too hazardous?
A news release from the DOL (READ IT HERE) states that:
“The department also is proposing to create a new nonagricultural hazardous occupations order that would prevent children under 18 from being employed in the storing, marketing and transporting of farm product raw materials. Prohibited places of employment would include country grain elevators, grain bins, silos, feed lots, stockyards, livestock exchanges and livestock auctions.”
“Additionally, the proposal would prohibit farmworkers under 16 from operating almost all power-driven equipment. A similar prohibition has existed as part of the nonagricultural child labor provisions for more than 50 years. A limited exemption would permit some student learners to operate certain farm implements and tractors, when equipped with proper rollover protection structures and seat belts, under specified conditions. “
Along with that statement from the DOL, the United Horsemen has announced that, in reading the proposal, children under 16 would also be unable to herd animals on horseback as they lack the “cognitive ability” to herd animals on horseback. For more details, read “Under 16? Forget Gathering Cows Horseback…”
WHO would be the children affected by the proposal?
A lot of initial skepticism on this proposal came from farmers and ranchers who depend on their own children for help on the farm or ranch. It is stated, however, that the Fair Labor Standards Act that this proposal is looking to modify provides a complete exemption for youths employed on farms owned by their parents. In a United Horseman press release, Craig Anderson of the Michigan Farm Bureau is quoted as saying that “If you farm with a brother or sister, an uncle or aunt, grandparents or cousins, the exception does not apply to any of the families’ youth under 16.” It is also important to note here that this is for children “employed” on a farm or ranch.
HOW do you comment on this proposal?
The comment period for this proposal closes on DECEMBER 1. You can read the formal proposal online and give your official comments by visiting THIS REGULATIONS.GOV PAGE.
If you would like to mail in comments, they must be mailed to: Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue, NW., Washington, DC 20210.
Those mailed-in comments must include the agency name (including “Wage and Hour Division”) and the regulatory information number (1235-AA06).
© Northern Ag Network 2011
Haylie Shipp
