U.S. Department of Labor’s Proposed Child Labor Rule
Many have voiced concerns over the Department of Labor’s (DOL) proposed child labor rule and the effects it could have on 4-H and FFA students.
First, it should be noted this is a very complicated issue. The rule proposes drastic changes to the current structure of youth working in agricultural areas. It is important to not rely on the preamble of the proposed rule, but the actual proposed rule. The preamble and the proposed rule say different things.
Ability of youth to show and care for animals
To address concerns regarding 4-H and FFA, youth should still be allowed to show and care for their animals as long as the youth or parent has exclusive ownership of the animal. However, if a youth is hired to care for or show an animal, restrictions on what tasks a youth can in fact perform will be very limited.
How would this rule affect a youth’s ability to participate in 4-H and FFA activities?
The proposed rule would impact the supervised agricultural experience programs (work-based learning) component of 4-H and FFA and any activities that would place a youth in a hired position.
Current law and regulations
Currently, there are two areas of law and regulations regarding child labor – agricultural and non-agricultural. In the area related to agriculture, there are categories of Agricultural Hazardous Occupations (H.O.).
In order to employ an individual under the age of 16 in one of these H.O. categories, the employee must be a student learner or receive a certification. Currently there are six H.O. categories in which an employer can hire an individual under the age of 16 if they qualify for a student learner exemption. There are two H.O. categories in which an employer can hire an individual under the age of 16 if they qualify for a certification exemption.
A student learner is one who is enrolled in a vocational education program in agriculture under a recognized state or local education authority or in a substantially similar program conducted by a private school. This exemption currently applies to H.O.s 1-6.
A certification is received by youth who have completed certain required training modules and demonstrated certain knowledge by successfully completing written and practical examinations under the auspices of the Federal Extension Service. This applies to only Agricultural H.O.s 1 and 2.
Limiting exemptions
The proposed rule would not allow student learner exemptions for Agricultural H.O.s 3 through 6. The student learner exemptions would only apply to Agricultural H.O.s 1 and 2. Furthermore, additional categories of Agricultural H.O.s would be added, further narrowing the activities a youth with or without an exemption could perform.
Additionally, depending on the DOL’s interpretation of the rule, many activities otherwise allowed with an exemption would not be allowed if the youth employee would be in contact or around activities listed in one the Agricultural H.O.s in which the exemption does not apply.
Although youth will still be allowed to obtain an exemption, it will be more difficult to get the exemption and the exemption will apply to a more narrow range of activities.
Qualifying for an exemption
In order for a student to qualify for an exemption, they will now have to be enrolled in a vocational agriculture program while engaging in the employment. Therefore, if the program is not offered year round, many students will be excluded from employment in the summer months and winter break.
Many terms are left open for interpretation by the DOL
Many terms are left up to interpretation by the DOL. For instance, if a certificate to operate a tractor is obtained, the use of the tractor has to be incidental to the other training on the farm. It can be operated only for a short period of time and a qualified adult in direct and close supervision must be present. How the DOL will interpret “incidental to”, “short period of time” and “direct and close supervision” is unknown.
Proposes to prohibit workers under the age of 18 in certain areas
The proposed rule would prohibit the employment of workers under the age of 18 in occupations in the farm-product raw materials wholesale trade industries. This includes but is not limited to country grain elevators, grain elevators, grain bins, silos, feed lots, feed yards, stockyards, livestock exchanges, and livestock auctions. No student learner exemption would be available for these occupations.
Interpret post-harvest activities as non-agricultural tasks
Anything post-harvest is not considered an agricultural task. For instance, on farm grain storage is not an agricultural activity.
Impacts to other areas of agriculture
Restricting the “Parental Exemption” rule so that farms operated by partnerships and corporations may not benefit. As a result, the rule does not take into account the ownership patterns and operations of family farms because many family farms involve different members and generations of the same family working on the farm. DOL wants to limit the “family farm” exemption solely to the children of the owner or operator of a farm. Other family youth—nieces, nephews or grandchildren–would be restricted in what jobs they could do on the family farm by this rule.
Calling into question longstanding practices in agriculture, including livestock welfare, planting, operating a tractor, and harvesting of fruits and vegetables, working near grain bins & elevators, silos, and livestock barns.
Affecting standard education and training for future farmers by reducing on-farm learning opportunities. A student-learner on a farm must satisfactorily complete at least 90 hours of systematic school instruction in agricultural education at or above the 8th grade level before working on the farm.
Setting a maximum height restriction of 6 feet, thereby limiting young hired workers from working in areas such as barn lofts.
Prohibiting young hired workers from engaging and assisting in many animal husbandry practices, such as herding of animals on horseback.
Potentially preventing youth from working under “extreme temperatures” (e.g., harvesting fruit) or being paid piece rate wages for such jobs. DOL contends it is seeking input to prevent heat-related illnesses and injury to workers in the field, but does not take in to account that many children choose to work alongside their family. This helps to raise family income; in other instances, parents grant permission for their children to work in the fields or orchards as a way of learning about agriculture.
How to submit comments
Comments can be submitted electronically at http://www.regulations.gov/#!submitComment;D=WHD-2011-0001-0001
Deadline
Deadline for submitting comments has been extended to December 1. The previous deadline was November 1.
Take action and submit comments to DOL
Submit comments to address not only the negative impacts this will have on 4-H and FFA students, but also on agricultural operations in general. Currently, only 1055 comments have been submitted. Oklahoma, let’s try to get 5000 comments submitted. Let DOL know this rule doesn’t work for Oklahoma and it doesn’t work for agriculture.
Many have voiced concerns over the Department of Labor’s (DOL) proposed child labor rule and the effects it could have on 4-H and FFA students.
First, it should be noted this is a very complicated issue. The rule proposes drastic changes to the current structure of youth working in agricultural areas. It is important to not rely on the preamble of the proposed rule, but the actual proposed rule. The preamble and the proposed rule say different things.
Ability of youth to show and care for animals
To address concerns regarding 4-H and FFA, youth should still be allowed to show and care for their animals as long as the youth or parent has exclusive ownership of the animal. However, if a youth is hired to care for or show an animal, restrictions on what tasks a youth can in fact perform will be very limited.
How would this rule affect a youth’s ability to participate in 4-H and FFA activities?
The proposed rule would impact the supervised agricultural experience programs (work-based learning) component of 4-H and FFA and any activities that would place a youth in a hired position.
Current law and regulations
Currently, there are two areas of law and regulations regarding child labor – agricultural and non-agricultural. In the area related to agriculture, there are categories of Agricultural Hazardous Occupations (H.O.).
In order to employ an individual under the age of 16 in one of these H.O. categories, the employee must be a student learner or receive a certification. Currently there are six H.O. categories in which an employer can hire an individual under the age of 16 if they qualify for a student learner exemption. There are two H.O. categories in which an employer can hire an individual under the age of 16 if they qualify for a certification exemption.
A student learner is one who is enrolled in a vocational education program in agriculture under a recognized state or local education authority or in a substantially similar program conducted by a private school. This exemption currently applies to H.O.s 1-6.
A certification is received by youth who have completed certain required training modules and demonstrated certain knowledge by successfully completing written and practical examinations under the auspices of the Federal Extension Service. This applies to only Agricultural H.O.s 1 and 2.
Limiting exemptions
The proposed rule would not allow student learner exemptions for Agricultural H.O.s 3 through 6. The student learner exemptions would only apply to Agricultural H.O.s 1 and 2. Furthermore, additional categories of Agricultural H.O.s would be added, further narrowing the activities a youth with or without an exemption could perform.
Additionally, depending on the DOL’s interpretation of the rule, many activities otherwise allowed with an exemption would not be allowed if the youth employee would be in contact or around activities listed in one the Agricultural H.O.s in which the exemption does not apply.
Although youth will still be allowed to obtain an exemption, it will be more difficult to get the exemption and the exemption will apply to a more narrow range of activities.
Qualifying for an exemption
In order for a student to qualify for an exemption, they will now have to be enrolled in a vocational agriculture program while engaging in the employment. Therefore, if the program is not offered year round, many students will be excluded from employment in the summer months and winter break.
Many terms are left open for interpretation by the DOL
Many terms are left up to interpretation by the DOL. For instance, if a certificate to operate a tractor is obtained, the use of the tractor has to be incidental to the other training on the farm. It can be operated only for a short period of time and a qualified adult in direct and close supervision must be present. How the DOL will interpret “incidental to”, “short period of time” and “direct and close supervision” is unknown.
Proposes to prohibit workers under the age of 18 in certain areas
The proposed rule would prohibit the employment of workers under the age of 18 in occupations in the farm-product raw materials wholesale trade industries. This includes but is not limited to country grain elevators, grain elevators, grain bins, silos, feed lots, feed yards, stockyards, livestock exchanges, and livestock auctions. No student learner exemption would be available for these occupations.
Interpret post-harvest activities as non-agricultural tasks
Anything post-harvest is not considered an agricultural task. For instance, on farm grain storage is not an agricultural activity.
Impacts to other areas of agriculture
Restricting the “Parental Exemption” rule so that farms operated by partnerships and corporations may not benefit. As a result, the rule does not take into account the ownership patterns and operations of family farms because many family farms involve different members and generations of the same family working on the farm. DOL wants to limit the “family farm” exemption solely to the children of the owner or operator of a farm. Other family youth—nieces, nephews or grandchildren–would be restricted in what jobs they could do on the family farm by this rule.
Calling into question longstanding practices in agriculture, including livestock welfare, planting, operating a tractor, and harvesting of fruits and vegetables, working near grain bins & elevators, silos, and livestock barns.
Affecting standard education and training for future farmers by reducing on-farm learning opportunities. A student-learner on a farm must satisfactorily complete at least 90 hours of systematic school instruction in agricultural education at or above the 8th grade level before working on the farm.
Setting a maximum height restriction of 6 feet, thereby limiting young hired workers from working in areas such as barn lofts.
Prohibiting young hired workers from engaging and assisting in many animal husbandry practices, such as herding of animals on horseback.
Potentially preventing youth from working under “extreme temperatures” (e.g., harvesting fruit) or being paid piece rate wages for such jobs. DOL contends it is seeking input to prevent heat-related illnesses and injury to workers in the field, but does not take in to account that many children choose to work alongside their family. This helps to raise family income; in other instances, parents grant permission for their children to work in the fields or orchards as a way of learning about agriculture.
How to submit comments
Comments can be submitted electronically at http://www.regulations.gov/#!submitComment;D=WHD-2011-0001-0001
Deadline
Deadline for submitting comments has been extended to December 1. The previous deadline was November 1.
Take action and submit comments to DOL
Submit comments to address not only the negative impacts this will have on 4-H and FFA students, but also on agricultural operations in general. Currently, only 1055 comments have been submitted. Oklahoma, let’s try to get 5000 comments submitted. Let DOL know this rule doesn’t work for Oklahoma and it doesn’t work for agriculture.
