Contact Us   |  
Skip Navigation Links
Skip Navigation Links
News
New Labor Proposals Would End Farm Work for Kids
Farmers are being encouraged to submit public comments as soon as possible regarding The U.S. Department of Labor's (DOL) proposed revisions to child labor regulations.

Touted by DOL as a move "that will strengthen the safety requirements for young workers employed in agriculture and related fields," the reality is that the move discourages development of the work ethic, said Craig Anderson, manager of the Ag Labor and Safety Services division of Michigan Farm Bureau.

The proposal would strengthen current child labor regulations prohibiting agricultural work with animals and in pesticide handling, timber operations, manure pits and storage bins. It would prohibit youth in both agricultural and nonagricultural employment from using electronic devices, including communication equipment, while operating power-driven equipment.

In other words," Anderson said, "kids would not be allowed to be on a two-way radio while they're trying to guide a wagon hitch onto a tractor. They might not even be able to do this task, as it could be deemed to be assisting in the operation of a tractor."

Anderson said there are still some very vague areas in the proposals, but these, on the surface, appear to go way too far.

"These proposals would prohibit grandchildren from working on their grandparent's farm, would prevent farmers from instilling a solid work ethic in their children and would leave the farmers liable for fines and penalties just for giving their children chores that involve power equipment," he said. "For example, having your kids pick up sticks and branches while you're cutting firewood would be a banned practice if you're in partnership with your brother."

The agricultural hazardous occupations orders under the Fair Labor Standards Act (FLSA) that bar young workers from certain tasks have not been updated since they were promulgated in 1970, the DOL said in a press release.

The department is proposing updates based on the enforcement experiences of its Wage and Hour Division, recommendations made by the National Institute for Occupational Safety and Health, and a commitment to bring parity between the rules for young workers employed in agricultural jobs and the more stringent rules that apply to those employed in nonagricultural workplaces.

"Children employed in agriculture are some of the most vulnerable workers in America," said Secretary of Labor Hilda L. Solis. "Ensuring their welfare is a priority of the department, and this proposal is another element of our comprehensive approach."

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 grain elevators, grain bins, silos, feed lots, stockyards, livestock exchanges and livestock auctions.

Anderson said such rules could mean that children under age 18 would be prohibited from exhibiting and selling animals at county fairs, but it was unclear if the rules would go that far.

"The definition of employ is 'to suffer or permit to work," he said, "and therefore could include 4-H animal care."

The proposal would prohibit farm workers 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.

The FLSA establishes a minimum age of 18 for hazardous work in nonagricultural employment and 16 in agricultural employment. Once agricultural workers reach age 16, they are no longer subject to the FLSA's child labor provisions. The FLSA also provides a complete exemption for youths employed on farms owned by their parents.

Even with that exemption, Anderson said, the DOL is barking up the wrong tree.

"The loss of life is always devastating and should be preventable," he said. "Agriculture has made huge improvements in equipment safety and practices used on the farm. We can and are improving the farm workplace. Simply prohibiting employment will lead to more youth on the streets."

The public is invited to provide comments on the proposal, which must be received by Nov. 1. CLICK HERE to send your comment to the Department of Labor on this proposal.
Reader Comments
Comments posted do not express the viewpoint of Dairy Agenda Today or its staff members.
Phil Specht
September, 27 2011
Almost all of us who farm grew up doing chores and and it might make us complacent of the fact that statistically we are one of the most dangerous occupations, right up there with underground mining and active military. it sure doesn't hurt to be reminded to teach our children to respect the hazards.Farm kids learn to make decisions of conscequence earlier than most but their brains are still maturing and would do things a more prudent adult wouldn't and that is before those risk taking teenage years kick in. We on the farm know how much knowledge we absorbed in childhood, and how much we have learned from mistakes, but I don't view putting children at risk to be a necessary part of our occupation.There have been too many tragic accidents to just reject out of hand the concern.
RMC
September, 26 2011
Rob..Just keep watching what Obama continues to do. He wants to erode our freedoms to the point we have to depend on the government for everything. It's called socialism.
Just Sayin
September, 26 2011
I can now add another govt. agency to the list that are trying to suck the breath out of this country! And I thought everyone evil worked for the EPA and other various state DNR type organizations! Kids involved in ag or other various pursuits need to experience more, not less in todays fastly evolving world. We are becoming a nanny state, and I believe this type of thinking is what has eroded dynastys over the centuries. Surely what we need is more welare and higher taxes on those that do the employing, to go along with all of this other nonsense.
Dean Christianson, D.V.M.
September, 25 2011
This is crazy. Kids have a greater chance of getting injured on the streets than they do working on a farm and they will learn more life skills in three months of a summer working for a farmer or rancher than they would in the other nine months in school. You cannnot legislate carelessness, but agricultural labor will gernerally make kids less careless in all they do.
Mike
September, 25 2011
Great, one of the few businesses you can work with your family on a dialy is now becoming illegal. This is one of the main reasons I chose my occupation. Maybe we'll just buy our kids a new X-box and let them sit infront of a tv for 6 hours a day.
Greg Andersen
September, 25 2011
Wow. More government control. Why do bureaucrats think they always know what is best for everyone. Sure, accidents should be minimized, but don't squash freedom in the name of safety. Let families be families.
Rob
September, 25 2011
Great! All I needed was another story about this once strong nation going down the toilet. Working on my grand parents farm as a child made me fall in love with farming. I guess that our government will only be happy when everyone knows nothing and all are on welfare. China or someone else will take us without firing a shot while we waste government money burning corn in our gas tanks!