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WASHINGTON, D.C.
— As many young people return to school this fall, many of whom
will juggle after-school jobs with classes and homework, a
recent tragedy in Utah reminds advocates of the need for better
child labor laws, as well as better enforcement.
The
recent death of a young worker in Utah demonstrates the need for
stronger protections for working minors in the United States,
says the National Consumers League (NCL), a Washington, DC-based
organization that advocates for consumers’ and workers’ rights.
On August 10, a 16-year-old teen died in a Salt Lake
City business while illegally operating a forklift. The young
worker was killed when the forklift tipped over, pinning him to
the ground. He was using the machine to move rolled up sheet of
aluminum.
“It’s
a vivid reminder that there’s a very real problem with our child
labor laws and how they are enforced,” said Darlene Adkins, NCL
vice president. The National Consumers League educates young
workers and their parents about dangerous jobs to avoid, and
advocates for updates to American child labor laws, many of
which have not been revised for 70 years or more.
Based
on statistics from the National Institute for Occupational
Safety and Health, a teen American worker is injured on the job
every two minutes, and one teen dies from a workplace injury
every five days. In this particular incident, a 16-year-old was
operating a forklift – a machine prohibited by federal child
labor laws for operation by any worker under the age of 18.
Just
two months ago, NCL issued its 2007 Five Worst Teen Jobs
Report, in which forklift and other dangerous equipment
operator was listed as the fourth most dangerous teen job.
The full report is available at
www.nclnet.org/labor/childlabor.
“The
laws that are in place to protect our youngest workers are in
crucial need of an update, and, even worse, those few
protections aren’t enforced sufficiently, as evidenced by this
terrible tragedy,” said Adkins. “We must improve our child labor
laws, we must demand that employers commit to observing them,
and we must ensure the federal government will enforce them.
In a study released earlier this year by University of North
Carolina researchers, American teen workers were found to be a
particularly vulnerable group, often in great danger, managed by
employers who neglect to follow protective labor laws, and there
is weak enforcement of the law. The study of 928 teen workers
found that U.S. youth who work at retail and service jobs “are
exposed to multiple hazards, use dangerous equipment despite
federal prohibitions, and work long hours during the school
week.” The report also found that these teen workers “lack
consistent training and adult supervision on the job.”
The findings are consistent with recent concerns expressed in a
report released last year by the Child Labor Coalition (CLC),
which NCL co-chairs. The CLC tracked DOL's declining
enforcement and dismal penalty assessments against employers
found in violation of child labor laws. Findings from the CLC
report,
Protecting Working Children in the United States: The
Government’s Striking Decline in Child Labor Enforcement
Activities,
show
a decade of persistent decline in child labor enforcement and
penalties, with a marked decrease between fiscal years 2004 and
2005:
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A
31.5 percent decline in the number of child labor
investigations by DOL in comparing fiscal years 2004 and
2005. The 1,784 child labor investigations in fiscal year
2005 represent the lowest number of investigations in the
last decade.
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A
20.2 percent decline in time DOL spends conducting child
labor investigations in comparing fiscal years 2004 and
2005. In person hours, the 2005 figure represents the
equivalent of 23 full time employees.
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Only 9.2 percent of the maximum penalty allowed was assessed
against employers who violated child labor laws in fiscal
year 2005. During that time period, the average civil money
penalty assessed by DOL per violation was $1,011 – while the
maximum penalty allowed under law is $11,000 per violation.
“These findings are alarming,” said Adkins. “When you have
little enforcement and paltry penalties for violations, it can
only send a message that protecting working children just isn’t
a priority. Meanwhile, every year, 230,000 children are injured
in the workplace and between 60-70 die.” |
