99-30776. Child Labor Regulations, Orders and Statements of Interpretation Child Labor ViolationsCivil Money Penalties  

  • [Federal Register Volume 64, Number 229 (Tuesday, November 30, 1999)]
    [Proposed Rules]
    [Pages 67130-67145]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-30776]
    
    
    
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    _______________________________________________________________________
    
    Part VI
    
    
    
    
    
    Department of Labor
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Wage and Hour Division, Employment Standards Administration
    
    
    
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    29 CFR Parts 570 and 579
    
    
    
    Child Labor Regulations, Orders and Statements of Interpretation Child 
    Labor Violations--Civil Money Penalties; Proposed Rules
    
    Federal Register / Vol. 64, No. 229 / Tuesday, November 30, 1999 / 
    Proposed Rules
    
    [[Page 67130]]
    
    
    
    DEPARTMENT OF LABOR
    
    Wage and Hour Division, Employment Standards Administration
    
    29 CFR Parts 570 and 579
    
    RIN 1215-AA09
    
    
    Child Labor Regulations, Orders and Statements of Interpretation 
    Child Labor Violations--Civil Money Penalties
    
    AGENCY: Wage and Hour Division, Employment Standards Administration, 
    Labor.
    
    ACTION: Notice of proposed rulemaking and request for comments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Department of Labor (Department or DOL) is proposing to 
    revise the child labor regulations in order to implement two amendments 
    of the Fair Labor Standards Act's child labor standards--the Compactors 
    and Balers Safety Standards Modernization Act, Public Law 104-174 
    (August 6, 1996) (The Compactor and Baler Act); and the Drive for Teen 
    Employment Act, Public Law 105-334 (October 31, 1998). The Compactor 
    and Baler Act sets conditions which permit 16- and 17-year-old workers 
    to load, but not operate or unload, certain scrap paper balers and 
    paper box compactors. The Act also specifies that civil money penalties 
    may be assessed for violations of these conditions. The Drive for Teen 
    Employment Act prohibits minors under 17 years of age from driving 
    automobiles and trucks on public roadways on the job, and establishes 
    the conditions and criteria under which 17-year-olds may drive 
    automobiles and trucks on public roadways on the job.
        The Department is also proposing to revise regulation concerning 
    government-issued Certificates of Age. Presently, the regulation 
    requires that the employer return the certificate to the issuing 
    agency, except that a certificate issued for employment in agriculture 
    may be given to the named minor and a certificate issued to an 18- or 
    19-year-old shall be given to the named worker. The Department proposes 
    to modify the regulation so as to allow all workers to retrieve the 
    certificates from their employers when their employment ends.
        Further, the Department is proposing revisions regarding the types 
    of cooking that 14- and 15-year-olds may perform. The Department 
    proposes to update the regulation and modify a long-standing DOL 
    interpretation of this child labor standard.
        Finally, the Department is proposing revisions to certain 
    provisions which prescribe certain hazardous employment for 16- and 17-
    year-olds. Currently, the regulation prohibits these minors from 
    working in roofing operations. The Department is proposing to revise 
    the regulation to prohibit all work on roofs. In addition, the 
    Department is proposing to revise the regulation to update the 
    definition of the terms explosives and articles containing explosive 
    components in the prohibition on employment of minors in establishments 
    which manufacture or store explosives.
    
    DATES: Comments are due on or before January 31, 2000.
    
    ADDRESSES: Submit written comments to John R. Fraser, Deputy 
    Administrator, Wage and Hour Division, Employment Standards 
    Administration, U.S. Department of Labor, Attention: Child Labor and 
    Special Employment Team, Room S-3510, 200 Constitution Avenue, NW., 
    Washington, DC 20210. Commenters who wish to receive notification of 
    receipt of comments are requested to include a self-addressed, stamped 
    postcard, or to submit comments by certified mail, return receipt 
    requested. As a convenience, commenters may transmit comments by 
    facsimile (``FAX'') machine to (202) 693-1432. This is not a toll free 
    number. If comments are transmitted by FAX and a hard copy is also 
    submitted by mail, please indicate on the hard copy that it is a 
    duplicate copy of the FAX transmission.
    
    FOR FURTHER INFORMATION CONTACT: Arthur M. Kerschner, Jr., Office of 
    Enforcement Policy, Child Labor and Special Employment Team, Wage and 
    Hour Division, Employment Standards Administration, U.S. Department of 
    Labor, Room S-3510, 200 Constitution Avenue, NW., Washington, DC 20210; 
    telephone: (202) 693-0072. This is not a toll free number. Copies of 
    this proposed rulemaking may be obtained in alternative formats by 
    calling (202) 693-0072 or (202) 693-1461 (TTY). The alternative formats 
    available are large print, electronic file on computer disk (Word 
    Perfect, ASCII, Mates with Duxbury Braille System) and audio-tape.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Paperwork Reduction Act
    
        Title: Form WH-14, Application for Federal Certificate of Age.
        Summary: Section 3(l) of the Fair Labor Standards Act (FLSA), 29 
    U.S.C. 203(l), provides, in part, that an employer may protect against 
    unwitting employment of ``oppressive child labor'' (as defined in 
    section 3(l)) by having on file a certificate issued pursuant to DOL 
    regulations, certifying that the named person meets the FLSA minimum 
    age requirements for employment.
        Section 11(c) of the FLSA, 29 U.S.C. 211(c), requires that all 
    employers covered by the Act make, keep and preserve records of wages, 
    hours and other conditions and practices of employment with respect to 
    their employees. The employer is to maintain the records for such 
    period of time and make such reports as prescribed by regulations 
    issued by the Secretary of Labor.
        Regulations, at 29 CFR Part 570, subpart B, set forth the 
    requirements for obtaining certificates of age from the Department. The 
    regulations provide that State-issued age, employment or working 
    certificates, which substantially meet the Federal regulatory 
    requirements for certificates of age, are an acceptable alternative to 
    obtaining a Federal certificate of age. The regulations contain a list 
    of States that may issue such acceptable certificates. Since age 
    certificates are issued by most States, these are widely used as proof 
    of age for FLSA child labor purposes.
        Federal certificates of age are issued by the Department upon 
    request by the youth and the prospective employer. Form WH-14 is the 
    DOL application form. As a practical matter, it is used in those States 
    where no State certificates are issued or State certificates do not 
    meet the Federal regulatory requirements. The Wage and Hour Division 
    reviews each WH-14 application and the accompanying proof of age, which 
    is identified in the regulation as sufficient to establish the young 
    applicant's age and thus to achieve the intended purpose of the 
    statutory provision (i.e., to assure that the employer is protected 
    against unwitting violations of the child labor restrictions). As 
    appropriate, a Federal certificate of age is issued and forwarded to 
    the employer (if the youth is under 18 years of age) or to the youth 
    (if he/she is 18 or 19 years of age). The supporting evidence of age is 
    returned to the applicant(s). The 18- or 19-year-old presents the 
    certificate to his/her employer upon entering employment.
        The employer is required to keep the certificate on file for the 
    duration of the youth's employment, in order to achieve the intended 
    purpose of the FLSA provision (i.e., to protect the employer in 
    situations where compliance with the child labor standards is 
    questioned). The estimated average employment period is 6 months. When 
    a youth under 18 years of age leaves employment, the employer is 
    directed by the current regulation to return the certificate to the 
    office that issued it, except that a
    
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    certificate for employment in agriculture may be given to the youth; 
    any subsequent certificate of age requested for that youth may be 
    issued without additional proof of age. A certificate of age issued for 
    a youth 18 or 19 years of age is to be given by the employer to the 
    youth upon his/her leaving employment.
        Need: In August 1998, the Office of Management and Budget (OMB), in 
    its review and approval of the Form WH-14 under the Paperwork Reduction 
    Act, approved this information collection (OMB No. 1215-0083). OMB's 
    approval was contingent upon DOL's agreement to eliminate the 
    requirement for an employer to return the certificate to the issuing 
    official in certain circumstances. The Department is proposing, as 
    agreed with OMB, to revise the regulation at Sec. 570.6(b)(1), to 
    direct employers to give to each employee, upon termination of 
    employment, any Federal age certificate issued in his/her name. This 
    would occur regardless of the age of the employee and regardless of the 
    type of employment (i.e., agriculture or nonagriculture). This proposed 
    regulatory revision will enable young workers to provide future 
    employer(s) with a properly issued age certificate without having to 
    make another application to a government official. The Department is 
    also proposing to revise the statement at the end of Sec. 570.6(b)(2) 
    to reflect the new OMB control number.
        Respondents and proposed frequency of response: It is estimated 
    that 45 such WH-14 applications will be submitted annually.
        Estimated total annual burden: It is estimated that each such 
    application will take approximately ten minutes to complete for a total 
    annual burden of seven and one-half hours (45 reports x 10 minutes).
        Employees and employers of any of a wide variety of businesses, 
    from small farms or retail stores to large manufacturing plants, may 
    request Federal certificates of age. Absent specific wage data 
    regarding applicants, respondent costs are estimated utilizing the 
    average hourly rate of nonsupervisory workers on nonfarm payrolls of 
    $12.26 for 1997 (Monthly Labor Review, U.S. Department of Labor, Bureau 
    of Labor Statistics, June 1998). Total annual respondent hour costs are 
    estimated at $91.95 ($12.26 x 7.5 hours).
        Total estimated annual postage and envelope costs for transmitting 
    these applications are $16.20 (45 reports x $.33 postage+$.03 per 
    envelope).
        Total annual respondent costs for form WH-14, application for 
    federal certificate of age--$108.15 ($91.95+$16.20).
        Request for comments: The public is invited to provide comments on 
    this information collection requirement so that the Department may:
        (1) Evaluate whether the proposed collections of information are 
    necessary for the proper performance of the functions of the agency, 
    including whether the information will have practical utility;
        (2) Evaluate the accuracy of the agency's estimates of the burdens 
    of the collections of information, including the validity of the 
    methodology and assumptions used;
        (3) Enhance the quality, utility and clarity of the information to 
    be collected; and
        (4) Minimize the burden of the collections of information on those 
    who are to respond, including through the use of appropriate automated, 
    electronic, mechanical, or other technological collection techniques or 
    other forms of information technology, e.g., permitting electronic 
    submission of responses.
        Written comments should be sent to the Office of Information and 
    Regulatory Affairs, Office of Management and Budget, Attention: Desk 
    Officer for Employment Standards Administration, U.S. Department of 
    Labor, Washington, DC 20503.
    
    II. Background
    
        The child labor provisions of the Fair Labor Standards Act (FLSA) 
    establish a minimum age of 16 years for employment in nonagricultural 
    occupations, but the Secretary of Labor is authorized to provide by 
    regulation for 14- and 15-year-olds to work in suitable occupations 
    other than manufacturing or mining, and during periods and under 
    conditions that will not interfere with their schooling or health and 
    well-being. These FLSA provisions permit 16- and 17-year-olds to work 
    in the nonagricultural sector, without hours or time limitations, 
    except in certain occupations found and declared by the Secretary to be 
    particularly hazardous, or detrimental to the health or well-being of 
    persons under age 18.
        The regulations for 14- and 15-year-olds are known as Child Labor 
    Regulation No. 3 (Reg. 3) and are contained in subpart C of part 570 
    (29 CFR 570.31-.38). Reg. 3 limits the hours and times of day that such 
    minors may work, and identifies occupations that are either permitted 
    or prohibited for such minors. Under Reg. 3, 14- and 15-year-olds may 
    work in certain occupations in retail, food service, and gasoline 
    service establishments, but are not to work in certain other 
    occupations (including all occupations found by the Secretary to be 
    particularly hazardous for 16- and 17-year-olds). Reg. 3, originally 
    promulgated in 1939, was revised to reflect the 1961 amendments to the 
    FLSA which extended the Act's coverage to include enterprises engaged 
    in commerce or the production of goods for commerce. These amendments 
    opened up new areas of employment for young workers in retail, food 
    service, and gasoline service establishments.
        The regulations concerning nonagricultural hazardous occupations 
    are contained in subpart E of 29 CFR part 570 (29 CFR 570.50-.68). 
    These Hazardous Occupations Orders (HOs) apply either on an industry 
    basis, specifying the occupations in the industry that are prohibited, 
    or on an occupational basis, irrespective of the industry in which 
    performed. The seventeen HOs were adopted individually during the 
    period of 1939 through 1963.
        Because of changes in the workplace, the introduction of new 
    processes and technologies, the emergence of new types of businesses 
    where young workers may find employment opportunities, the existence of 
    differing Federal and State standards, and divergent views on how best 
    to correlate school and work experiences, the Department has long been 
    reviewing the criteria for permissible child labor employment. In this 
    review, the Department published a Proposed Rule in 1982, a Final Rule 
    in 1991, both an Advance Notice of Proposed Rulemaking and a Proposed 
    Rule in 1994, and a Final Rule in 1995.
        On July 16, 1982, a Proposed Rule was published in the Federal 
    Register (47 FR 31254) which proposed to revise several elements of 
    Reg. 3, including the permissible hours and times of employment for 14- 
    and 15-year-olds and the types of cooking operations those minors would 
    be permitted to perform. The Proposed Rule generated considerable 
    public interest and controversy, most having to do with the expansion 
    of the hours and times of work for this age group. The Department 
    subsequently suspended the proposal from further consideration and no 
    final rule was implemented (50 FR 17434, April 29, 1985; DOL's 
    Semiannual Regulatory Agenda).
        The Department continued to receive communications from the public 
    suggesting that certain changes should be made to the child labor 
    regulations on a number of issues. In 1987, the Department established 
    a Child Labor Advisory Committee (CLAC) composed
    
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    of 21 members representing employers, education, labor, child guidance 
    professionals, civic groups, child advocacy groups, State officials and 
    safety groups. The mission of the CLAC was to give advice and guidance 
    in developing possible proposals to change existing standards. After 
    reviewing a number of issues, the CLAC proposed making certain changes 
    to the child labor regulations. In December 1991, the Department 
    promulgated a Final Rule which revised three HOs (56 FR 58626).
        The Department continued to review the child labor regulations and, 
    in an effort to accumulate data concerning all aspects of the 
    provisions, published both a Notice of Proposed Rulemaking (NPRM) (59 
    FR 25164) and an Advance Notice of Proposed Rulemaking (ANPRM) (59 FR 
    25167) on May 13, 1994.
        The NPRM proposed to exempt 14- and 15-year-olds from Reg. 3 hours 
    standards when employed under certain restrictions as sports attendants 
    for professional sports teams, to standardize the Reg. 3 process for 
    issuing occupational variances for Work Experience and Career 
    Exploration Program (WECEP) participants, to remove an outdated 
    exemption for enrollees in certain work training programs, and to 
    revise the process by which HOs are promulgated. A Final Rule on these 
    issues was published April 17, 1995 (60 FR 19336).
        The 1994 ANPRM requested public comment on several specific topics 
    as well as all aspects of the child labor provisions. Several 
    individuals and organizations submitted comments. The National 
    Institute for Occupational Safety and Health (NIOSH) provided the 
    Department with epidemiological data on a number of issues related to 
    both Reg. 3 and the HOs. NIOSH also provided the Department with 
    statistics regarding occupational injuries and made several 
    recommendations. A number of child guidance professionals, educators, 
    unions and child labor advocates also commented and made various 
    recommendations. Among these were the Child Labor Coalition (CLC); the 
    National Consumers League (NCL); the Defense for Children International 
    USA (DCI); the National PTA (PTA); the United Food & Commercial Workers 
    International Union, AFL-CIO (UFCW); the Food & Allied Service Trades 
    Department, AFL-CIO (FAST); Letitia K. Davis, Sc.D, Ed.M, of the 
    Massachusetts State Department of Health, Occupational Health 
    Surveillance Program; the American Academy of Pediatrics (AAP); 
    Professor Laurence Steinberg of Temple University; and Susan H. 
    Pollack, M.D., Assistant Professor, Department of Pediatrics and 
    Preventive Medicine, University of Kentucky. Comments to the ANPRM are 
    discussed below in the pertinent sections of this preamble.
        Twice in the last three years, Congress has amended the child labor 
    provisions of the FLSA. The Compactors and Balers Safety Standards 
    Modernization Act, Public Law 104-174 (Compactor and Baler Act), was 
    signed by the President on August 6, 1996. This legislation adds a 
    section 13(c)(5) to the FLSA, permitting minors 16 and 17 years of age 
    to load, but not operate or unload, certain scrap paper balers and 
    paper box compactors if certain requirements are met. The Drive for 
    Teen Employment Act, Public Law 105-334, was signed by the President on 
    October 31, 1998. This legislation adds a section 13(c)(6) to the FLSA, 
    prohibiting minors under 17 years of age from driving automobiles and 
    trucks on public roadways on the job and establishing the conditions 
    and criteria for 17-year-olds to drive automobiles and trucks on public 
    roadways on the job.
        In the present Notice of Proposed Rulemaking, the Department 
    proposes revisions of regulations to implement the recent legislation 
    and to update certain regulatory standards. The Compactor and Baler Act 
    affects the HO 12 standards (Occupations involved in the operation of 
    paper-products machines) (29 CFR 570.63) and certain other related 
    regulations; amendments of those regulations are proposed. The Drive 
    for Teen Employment Act affects the HO 2 standards (Occupations of 
    motor-vehicle driver and outside helper) (29 CFR 570.52); an amendment 
    of that regulation is proposed. As a result of its ongoing review of 
    the child labor provisions, the Department is also proposing changes to 
    HO 1 (Occupations in or about plants or establishments manufacturing or 
    storing explosives or articles containing explosive components) (29 CFR 
    570.51), HO 16 (Occupations in roofing operations) (29 CFR 570.67), the 
    Reg. 3 limitations on cooking (29 CFR 570.34), and 29 CFR 570.6(b)(1) 
    which deals with the disposition of a Certificate of Age when the named 
    individual's employment ends. The proposals are discussed below.
    
    III. Proposed Regulatory Revisions
    
    A. Certificates of Age (29 CFR 570.5-.27)
    
        Section 3(l) of the FLSA provides an affirmative defense against 
    the citation of child labor violations for employers who ``have on file 
    an unexpired certificate issued and held pursuant to regulations of the 
    Secretary of Labor certifying that such [employee] is above the 
    oppressive child labor age'' (29 U.S.C. 203(l)). The use of such 
    certificates is not mandatory under the FLSA. As described above (Item 
    I), the Department's regulations, at 29 CFR 570.5-.27, set out the 
    procedures for application, issuance, retention and disposition of 
    certificates of age. The regulations authorize the issuance of 
    certificates by most of the States as well as by the Wage and Hour 
    Division. Most certificates are, in fact, requested from and issued by 
    the States.
        Section 570.6(b) currently directs the employer to return the 
    certificate to the issuing authority when the named worker's employment 
    terminates, except that a certificate issued for employment in 
    agriculture may be given to the worker and a certificate issued to an 
    18-or 19-year-old shall be given to the worker. The Department proposes 
    to revise Sec. 570.6(b) to specify that the worker's certificate issued 
    by DOL be given to him/her when employment ends, regardless of the 
    worker's age or type of employment. The youth may then provide the 
    certificate to any future employer(s). This regulatory amendment, 
    suggested by the Office of Management and Budget, would preclude 
    unneeded repetition of the certification process and reduce paperwork 
    burdens on employers.
    
    B. Reg. 3 Occupations: Cooking (29 CFR 570.34)
    
        Reg. 3 established restrictions on the type of cooking and cooking-
    related work which 14- and 15-year-olds may perform as employees of 
    retail, food service, and gasoline service establishments. At 
    Sec. 570.34(b)(5), the regulation prohibits these minors from ``cooking 
    (except at soda fountains, lunch counters, snack bars, or cafeteria 
    serving counters) and baking.'' Under Sec. 570.34(a)(7), however, 14- 
    and 15-year-olds are permitted to perform ``kitchen work and other work 
    involved in preparing and serving food and beverages, including the 
    operation of machines and devices used in the performance of such work, 
    such as but not limited to, dish-washers, toasters, dumbwaiters, 
    popcorn poppers, milkshake blenders, and coffee grinders.''
        These regulatory standards were added to Reg. 3 after the 1961 FLSA 
    amendments which extended the child labor provisions to certain 
    enterprises engaged in commerce or in the production of goods for 
    commerce. New areas of employment in retail, food service, and gasoline 
    service establishments were opened to minors.
    
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    The regulations were the Department's response to the challenge of 
    identifying those food preparation activities which 14- and 15-year-
    olds could safely perform without interfering with their schooling, 
    health or well-being.
        In establishing these standards, the Department recognized that 
    some forms of cooking were not appropriate for persons under 16 years 
    of age. Lifting large containers of hot materials, working over a hot 
    stove for long periods of time, cooking over an open flame, and 
    operating pressure cookers were all considered too dangerous for young 
    workers. On the other hand, preparing an occasional hamburger or 
    grilled cheese sandwich or performing simple cooking functions like 
    those which minors might do in their own homes did not seem to place 
    young workers at risk. The Department determined that the type of 
    cooking performed at a snack bar or soda fountain, where the worker 
    would not only take the customer's order but also prepare and serve the 
    light fare, did not pose serious risks to the minor's health or well-
    being. The work was not strenuous, did not require continuous cooking 
    at a grille or stove, and did not require the minor to use complicated 
    or dangerous equipment.
        The Department's promulgation and interpretation of the Reg. 3 
    standards were based, to some extent, upon a factor common to snack 
    bars and soda fountains--namely, that the cooking performed in such 
    food service operations was performed ``in plain view'' of the 
    customer. This factor, in and of itself, did not make the activity 
    safer, but it did tend to limit the scope of the cooking to activities 
    that were relatively free of risk. By limiting cooking work to soda 
    fountains and snack bars, Reg. 3 barred the ``heavy duty'' and more 
    strenuous types of cooking performed in full-service restaurants, while 
    permitting other, less strenuous types of ``light'' cooking. Over a 
    period of time in the l960's, the Department developed an ``in plain 
    view'' interpretation of the regulation, making the Reg. 3 standard 
    dependent upon whether the 14- and 15-year-olds are performing their 
    cooking duties within the customers' sight. Under this interpretation, 
    cooking performed ``in plain view'' would be permissible even if the 
    minor was not working at a traditional soda fountain or snack bar, and 
    cooking performed out of plain view (i.e., in the kitchen or behind a 
    partition) would not be permissible.
        The snack bars and soda fountains upon which the Reg. 3 standards 
    were established have been largely, if not entirely, replaced by 
    different kinds of fast food establishments during the decades of the 
    1970's, 1980's and 1990's. In recognition of the changing nature of the 
    retail food service industry, the Wage and Hour Division examined fast 
    food restaurants in 1977 and conducted a survey of fast food 
    establishments in 1979 to determine what, if any, changes were needed 
    in the cooking prohibitions. Interested parties, including major fast 
    food chains, organized labor, and child labor advocates, were 
    consulted.
        In 1982, the Department published a Proposed Rule (47 FR 31254) 
    which would have revised several elements of Reg. 3, including the 
    permissible hours and times of employment for 14- and 15-year-olds and 
    the types of cooking operations they would be allowed to perform. Under 
    the proposal, all cooking would have been permitted except: cooking 
    with hot oils at temperatures over 140  deg.F; cooking over an open 
    flame; and cooking involving the use of pressure cookers without proper 
    safety valves. The ``in plain view'' interpretation would no longer 
    have been applied. The Proposed Rule generated considerable public 
    interest and controversy, most having to do with the expansion of the 
    hours and times of employment standards. The Department subsequently 
    suspended the proposal from further consideration and no final rule was 
    implemented (50 FR 17434, April 29, 1985; DOL's Semiannual Regulatory 
    Agenda).
        The Department continues to receive communications from the public 
    suggesting that certain changes should be made to the regulations 
    concerning cooking. A general consensus seems to have developed that 
    the ``in plain view'' interpretation no longer serves as an important 
    safety standard as it did in the 1960's, because the activities 
    involved are no longer limited to ``light'' cooking. Nor does the 
    interpretation provide sufficient guidance to employers, parents, and 
    working teens. The proscription of tasks mainly on the basis of place 
    of performance complicates the regulation and leads to confusion. For 
    example, in one fast food establishment, 14- and 15-year-olds may 
    perform most cooking jobs because all cooking is performed in the plain 
    view of the customers; but at another food service establishment, those 
    minors would not be able to perform the identical functions because all 
    cooking is done in a closed kitchen away from the customer's view. 
    Complications may also exist within a single establishment when some 
    cooking equipment is placed so customers may view the cooking operation 
    and additional pieces of the same equipment are placed outside of the 
    customer's line of sight.
        The Department recognizes the need to review and update the Reg. 3 
    standards. New generations of cooking devices have been introduced 
    since the cooking regulation was published in the 1960s, including 
    microwaves, automatic cooking machines and systems, and computerized 
    equipment and systems. Any proposed changes to the cooking 
    prohibitions--to take into account all of these changes in the food 
    service industry--must carefully consider the safety risks to young 
    workers.
        In an effort to accumulate data concerning all aspects of the child 
    labor provisions, the Department in 1994 published an Advance Notice of 
    Proposed Rulemaking (ANPRM) (59 FR 25167). The ANPRM requested public 
    comment on many aspects of the child labor provisions, specifically 
    including the Reg. 3 cooking standards. The Department received 
    numerous comments on this matter.
        The National Institute for Occupational Safety and Health (NIOSH) 
    submitted epidemiological data supporting its recommendation of a 
    general prohibition against 14- and 15-year-old minors cooking and 
    working in close proximity of cooking appliances. NIOSH provided 
    statistics regarding numbers and risks of burns. NIOSH cited as 
    especially dangerous the contact burns associated with the cooking 
    process, servicing the cooking equipment and working in the general 
    area of cooking appliances. NIOSH also cited the hazard of slipping 
    into or against equipment, particularly when floors near deep fryers 
    and grilles become slippery from the oil. NIOSH cited the specific 
    types of accidents that occur and noted that occupational burns to 
    adolescents are frequently severe. NIOSH estimated that 5,200 
    adolescents sought emergency room treatment for work-related burns 
    associated with cooking or working in a place where food was being 
    prepared during the eighteen-month period of July 1992 through December 
    1993, and noted that the rate of burns in eating and drinking places--
    2.1 per 100 fulltime workers--was over 10 times greater than the rate 
    for all other industries (0.2 per 100 fulltime workers). Citing that 
    teenagers comprise nearly one-quarter of total employment in eating and 
    drinking places, and stating that the ``in plain view'' policy provides 
    no additional safety factors for teens, NIOSH recommended that cooking 
    be prohibited regardless of where performed.
        The Child Labor Coalition opposed 14- and 15-year-olds performing 
    any
    
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    cooking, grilling, or frying, citing some of the same studies as NIOSH 
    showing that burns are a leading cause of injuries among young workers. 
    The Defense for Children International USA (DCI) stated that no cooking 
    by 14- and 15-year-olds should be permitted in retail and food 
    establishments, citing accident and injury data reporting that such 
    work is dangerous. The DCI also endorsed the information provided by 
    NIOSH as to the physical dangers of cooking.
        The Food and Allied Service Trades Department, AFL-CIO (FAST) 
    opposed any change that would relax or remove the restrictions against 
    workers under the age of 18 cooking in retail and food establishments. 
    The FAST based its comments on the incorrect premise that cooking is 
    prohibited for those under 18 (i.e., in fact, all cooking and baking 
    are permitted for 16- and 17-year-olds unless included in the HO 10 and 
    11 prohibitions (food slicers and bakery machines)). The FAST cited the 
    accident data regarding fast food workers, and noted that teenage cooks 
    suffer more burns than adult cooks and that the most common sources of 
    burns are cooking oils, grilles, and other cooking equipment.
        An official of the Massachusetts Department of Health, Occupational 
    Health Surveillance Program, recommended prohibiting cooking by all 14- 
    and 15-year-olds irrespective of where the cooking takes place. The 
    recommendation was based on a study of injury data from emergency 
    departments in fourteen Massachusetts communities during 1979-1982. The 
    estimated occupational injury rate for all employed teens was 16 per 
    100 fulltime equivalent employees. Burns accounted for 6 percent of 
    occupational injuries to teens (but the study source data did not 
    contain information about the industries in which injured teens were 
    working). In an ongoing analysis of worker's compensation claims for 
    teens in Massachusetts, the official reported that burns accounted for 
    6 percent of all occupational injuries to teens and that burns also 
    accounted for 6 percent of cases of lost workdays of five or more days 
    leading to Worker's Compensation claims. The official also reported 
    that occupational burn injuries to teens are often severe, finding that 
    12 percent of occupational burns to teens covered multiple parts of the 
    body.
        The National Consumers League opposed 14- and 15-year-olds 
    performing any cooking and cited several studies regarding the risks of 
    cooking. The Washington State Child Labor Committee and the Washington 
    State Department of Labor and Industries recommended that the 
    Department use the Washington State law as a model for Federal 
    regulations; those State child labor regulations contain a provision 
    banning cooking and baking by workers under 16 years of age.
        The Ohio State Department of Education opposed any changes to the 
    cooking provisions and was the only commenter to recommend retaining 
    the ``in plain view'' interpretation. The agency also recommended 
    continuing the current policy of issuing variances to allow students in 
    Work Experience and Career Exploration Programs (WECEP) to cook under 
    certain conditions, as those students receive safety instruction and 
    are closely supervised throughout their WECEP participation.
        The National Restaurant Association (NRA) supported allowing 14- 
    and 15-year-old minors to perform cooking, including immersing foods in 
    grease or tending cooking foods. The NRA suggested prohibiting minors 
    from handling hot grease (140  deg.F or higher) before or after 
    cooking, working over an open flame which is not contained in such a 
    way as to prevent the flame from igniting clothing, and cooking with 
    containers under pressure which have no safety valve. The NRA cited the 
    current regulations as ``a product of a bygone era'' and stated that 
    cooking and baking should be permitted regardless of where they are 
    performed. The NRA's proposal was similar to the Department's 1982 
    Proposed Rule.
        The National Council of Chain Restaurants (NCCR) also supported 
    allowing 14- and 15-year-old minors to cook and bake. It labeled the 
    current regulations as outdated and stated that the ``in plain view'' 
    interpretation does not lend itself to practical and consistent 
    application in the restaurant industry. The NCCR commented that modern 
    technology and equipment make cooking and baking safer than at any time 
    in the past. Six other comments, those from a State restaurant 
    association, a city government, and four restaurants or chains, urged 
    that cooking be permitted under conditions which make it safer (such as 
    under adult supervision or after safety training).
        With respect to the types of cooking equipment that may be used and 
    temperatures of such equipment, one restaurant recommended allowing the 
    use of all cooking equipment but added that stricter reporting of 
    occupational injuries would be necessary. The Child Labor Coalition 
    (CLC) recommended a complete review of all machines and injury data, in 
    particular those which can cause burns from hot water and steam. The 
    CLC cited its research which showed that burns often occur in 
    connection with work involving deep fat fryers, dishwashers, and 
    cooking liquids.
        The North Carolina State Department of Labor proposed that a 
    hazardous occupations order be adopted which would ban all minors under 
    age 18 from using deep fat or oil fryers not equipped with automated 
    food lowering devices, cleaning or removing of grease or oil filters 
    from any deep fat or oil fryer, and lifting, moving or carrying 
    receptacles or containers of hot grease or oil.
        In addition to the comments summarized above, the Department also 
    received--in response to the 1994 ANPRM--several articles, studies, and 
    papers that discuss dangers associated with cooking.
        The Department has carefully considered all the comments and 
    materials received, and has reviewed the Reg. 3 standards. The 
    Department recognizes the delicate balance between the value of jobs 
    that provide positive, formative experiences and the negative effects 
    that the wrong type of jobs can have on the health and well-being of 
    young workers. Just as in 1962, there are still some types of cooking 
    that are not appropriate for minors under 16 years of age because of 
    safety considerations. But as mentioned by several organizations that 
    commented on the ANPRM, the Department believes that there are certain 
    cooking duties minors can safely perform in modern food service 
    establishments. The Department has preliminarily concluded that the 
    current regulations should be revised so that 14- and 15-year-olds may 
    perform a limited number of cooking activities--i.e., only those that 
    are safe and appropriate for their age group. The Department believes 
    that this regulatory revision can be done without negatively impacting 
    employment opportunities for young workers.
        The Department is proposing to establish standards for cooking 
    duties which the Department believes are safe and appropriate for these 
    minors regardless of where the cooking is performed within the food 
    service establishment. Thus, the current ``in plain view'' 
    interpretation would be eliminated.
        The proposal would permit 14- and 15-year-olds to: (1) Cook with 
    electric or gas grilles which do not involve cooking over an open 
    flame; (2) use deep fat fryers which are equipped with devices which 
    automatically raise and lower the ``baskets,'' but not pressurized 
    fryers; (3) clean, maintain (including the changing, cleaning, and 
    disposing of oil or grease and oil or grease filters) and repair 
    cooking devices (other than power-
    
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    driven equipment) when the surfaces of the equipment or liquids do not 
    exceed a temperature of 140  deg.F.
        The maximum temperature of 140  deg.F was originally proposed in 
    1982 because it had been established as the minimum temperature at 
    which a first-degree burn can occur. Recent consultations between the 
    Wage and Hour Division and the Occupational Safety and Health 
    Administration (OSHA) have led the Department to believe that this 
    maximum temperature will protect minors who clean, maintain and repair 
    non-power-driven equipment and handle cooking oils and grease.
        The proposal would prohibit 14- and 15-year-olds from cleaning 
    equipment such as grilles, deep fat fryers, and steam tables; removing 
    grease filters; and lifting, moving or carrying receptacles or 
    containers of hot grease or oil when the minor would be exposed to or 
    working with liquid or equipment surfaces which exceed a temperature of 
    140  deg.F. This ban on carrying hot oil would apply regardless of the 
    type of oil.
        The ban on all baking activities by those under 16 years of age 
    would continue. These minors would still be prohibited from performing 
    all jobs that are part of the baking process, such as weighing and 
    mixing ingredients; operating ovens, including convection ovens, 
    microwave ovens (except those used for warming food as described 
    below), pizza ovens, and automatic feeding ovens; removing items from 
    ovens to cooling trays; and finishing baked products. This ban on 
    baking tasks exists because of the dangers to young workers in 
    activities such as lifting heavy bags of ingredients, filling hot pans, 
    moving hot pans and trays into and out of ovens, emptying hot pans and 
    trays, having clothing or fingers entangled in conveyors or other 
    mechanisms of ovens, and operating power-driven equipment. However, the 
    Department is reviewing this position and is seeking evidence regarding 
    whether certain activities would be safe for 14- and 15-year-olds to 
    perform in the baking process in retail establishments, and if so, 
    whether we should therefore consider modifying the ban on the baking 
    process performed in retail establishments by 14- and 15-year-olds. 
    Specifically, the Department seeks evidence and comments on whether 
    such youths should be permitted to perform certain prescribed 
    activities such as measuring and weighing ingredients and finishing 
    baked goods, provided that operation of power-driven equipment is not 
    performed. The weighing and measuring of ingredients could entail 
    lifting and moving large containers of materials. NIOSH, in its October 
    24, 1994 comments on the 1994 ANPRM, recommended certain weight limits 
    be adopted for jobs requiring lifting to reduce occupational 
    musculoskeletal injuries (sprains and strains) to workers. 
    Specifically, NIOSH recommended that the Department consider issuing a 
    Hazardous Occupation Order imposing the following restrictions on 
    manual handling jobs performed by minors under 18 years of age: ``(1) 
    Frequent lifting/lowering rates (not to exceed 6 lifts per minute), 
    maximum weight should not exceed 15 lbs per lift; (2) Infrequent 
    lifting/lowering rates (not to exceed once per minute), maximum weight 
    should not exceed 30 lbs per lift; (3) in all cases, maximum lifting 
    work duration should not exceed two continuous hours of work.'' The 
    Department therefore seeks evidence and comments as to whether, if the 
    Department does amend the rules to allow certain backing activities to 
    be performed, there should be a weight limit, such as 10 pounds, for 
    jobs requiring lifting by 14- and 15-year-olds.
        Additionally, the proposal would continue the current ban against 
    minors under 16 using such equipment as rotisseries, pressurized 
    equipment including fryolators, and cooking devices that operate at 
    extremely high temperatures such as ``Neico broilers.''
        This proposal would incorporate the Department's long-standing 
    policy of permitting 14- and 15-year-olds to operate microwave ovens 
    that are used only to warm prepared food and do not have the capacity 
    to warm above 140  deg.F, and to use, dispense, and serve food from 
    warmers, steam tables, and other warming devices (even if the 
    temperatures exceed 140  deg.F). The proposal would also preserve the 
    current Reg. 3 standard allowing 14- and 15-year-olds to perform 
    kitchen work and other work to prepare and serve food and beverages.
        Finally, the proposal would preserve the current Reg. 3 process 
    whereby State agencies operating approved Work Experience and Career 
    Exploration Programs (WECEP) (in which students are closely supervised 
    and receive safety instruction) may seek variances from the Department 
    to authorize students to cook and to perform certain jobs that would 
    otherwise be banned.
    
    C. Explosives and Articles Containing Explosive Materials (HO 1) (29 
    CFR 570.51)
    
        Hazardous Occupations Order No. 1, originally issued in 1939, 
    greatly restricts the employment of minors in any establishment which 
    manufactures or stores explosives or articles containing explosive 
    components (e.g., plants that manufacture dynamite, fireworks, or 
    gunpowder). HO 1 also prohibits minors from handling and transporting 
    primers and blasting caps.
        The regulation's definition of the crucial terms ``explosives and 
    articles containing explosive components'' has become, in part, 
    obsolete. The definition states that these terms ``mean and include 
    ammunition, black powder, blasting caps, fireworks, high explosives, 
    primers, smokeless powder, and all goods classified and defined as 
    explosives by the Interstate Commerce Commission in regulations for the 
    transportation of explosives and other dangerous substances by common 
    carriers * * * issued pursuant to the (Interstate Commerce Act) * * 
    *''. Congress abolished the Interstate Commerce Commission in 1995. The 
    HO 1 incorporation of ICC regulatory standards is, therefore, no longer 
    feasible and the Department proposes to revise the definition to 
    eliminate this ICC reference.
        The Department considers it to be essential that the HO 1 
    definition of ``explosives and explosive components'' be as complete, 
    clear, and user-friendly as possible, so as to best serve the FLSA's 
    purpose of protecting young workers from hazards. Therefore, while 
    preparing to delete the incorporation of ICC standards, DOL has sought 
    an alternate source of expertise in the identification of explosives 
    and explosive components. After careful consideration, the Department 
    is of the view that the appropriate source of expertise is the Bureau 
    of the Alcohol, Tobacco and Firearms, Department of the Treasury (ATF). 
    Under statutory and regulatory mandates (18 U.S.C. 841(d); 27 CFR 
    55.23), the Director of ATF must revise and publish at least annually 
    in the Federal Register a list of explosives covered by the U.S. Code 
    Title 18 provisions concerning importation, manufacture, distribution 
    and storage of explosive materials. The ATF list, which covers 
    explosives, blasting agents and detonators, is intended to include any 
    and all mixtures containing any of the materials on the list. The most 
    recent list was published in the Federal Register on May 1, 1998 (63 FR 
    24207). The Department proposes to revise the HO 1 definition of 
    ``explosives and articles containing explosive components'' to include 
    the materials identified in the 1998 ATF list, which will appear in an 
    appendix to the HO 1 subsection. By comparing this alphabetical list to 
    the product information for materials that are used or stored at the 
    work site (e.g, the list
    
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    of contents found on the product package), employers and other parties 
    can readily determine whether any product or material is an explosive 
    or contains explosive components, so as to be within the HO 1 
    prohibition.
    
    D. Driving on Public Roads or Highways (HO 2) (29 CFR 570.52).
    
        Hazardous Occupations Order No. 2, originally issued in 1940, 
    generally prohibits minors under 18 years of age from employment in the 
    occupations of motor-vehicle driver and outside helper on any public 
    road or highway; in or about any mine, logging or sawmilling 
    operations; or in any excavation covered by HO 17 (which includes 
    excavation in trenches, building construction, or tunnels; 29 CFR 
    570.68). The occupational dangers specifically identified by the 
    original HO 2 included the high degree of accident risk for persons of 
    any age in these occupations, the fact that 16- and 17-year-old drivers 
    experience a proportionately larger number of fatal accidents than 
    older drivers, and the restrictions that numerous States placed on 
    employees who perform as drivers and driver helpers.
        HO 2 contains two limited exemptions to the prohibition on minors 
    driving on public roads and highways: ``Incidental and occasional'' 
    driving under certain restrictions; and, school bus drivers for a 
    limited period under certain restrictions. These two exemptions are 
    addressed in this proposed rule, and are discussed separately below.
    1. ``Incidental and Occasional Driving'' (Sec. 570.52(b)(1))
        HO 2 provides a limited exemption (Sec. 570.52(b)(1)) permitting 
    16- and 17-year-olds to drive automobiles and trucks on public roads 
    and highways on an ``incidental and occasional'' basis when all the 
    following criteria are met:
         The automobile or truck being driven does not exceed 6,000 
    pounds gross vehicle weight;
         The driving is restricted to daylight hours;
         The minor holds a State driver's license valid for the 
    type of driving involved in the job performed and has completed a 
    State-approved driver education course; and
         The vehicle is equipped with a seat belt or similar 
    restraining device for the driver and for each helper, and the employer 
    has instructed each minor that such belts or other devices must be 
    used.
         The limited exemption is not applicable to any occupation 
    of motor-vehicle driver that involves towing a vehicle.
        The term ``incidental and occasional''--while not defined in the 
    regulations--was for many years interpreted by the Department to mean 
    only driving that involves emergency-type situations or that happens at 
    rare intervals. Thus, the Department enforced the exemption as not 
    including driving which, even if only infrequent or sporadic, is an 
    integral part of the job. The Department's interpretation excluded from 
    the exemption any situations where a minor's employment requires 
    routine and regular driving, such as to deliver auto parts, make pizza 
    deliveries, or run errands.
        The Department reviewed HO 2 in 1984 and concluded, based upon data 
    involving vehicle-related injuries and fatalities, that HO 2 should be 
    retained in its current form. The Department found that 16-year-olds 
    were involved in a disproportionate share of accidents and tended to be 
    responsible for fatal accidents more often than other drivers. 
    Seventeen-year-old drivers were the next most likely to be involved in 
    such accidents. Teenagers accounted for 8 percent of the population at 
    the time but sustained 17 percent of fatal injuries in automobile 
    accidents.
        In 1987, concerned that some of the child labor regulations needed 
    updating, the Department created the Child Labor Advisory Committee 
    (CLAC), a committee whose mandate was to consider, among other things, 
    the appropriate scope of ``incidental and occasional'' driving in the 
    HO 2 exemption. In 1989, after careful consideration of HO 2, the CLAC 
    recommended clarification of the term ``incidental and occasional'' 
    driving. The committee's recommendation, discussed below, was later 
    adopted with modifications and issued by the Department as 
    interpretative guidance.
        In 1994, in its continuing effort to review its child labor 
    regulations, the Department published an Advance Notice of Proposed 
    Rulemaking (59 FR 25167) seeking the views of the public on possible 
    changes in the child labor regulations, including the Hazardous 
    Occupations Orders. Although HO 2 was not specifically mentioned in the 
    ANPRM, the Department received comments from various groups with 
    differing views of HO 2. For example, the National Automobile Dealers 
    Association (NADA), individual automobile dealerships, and florists 
    requested more flexibility in the Department's interpretation of 
    ``incidental and occasional'' driving and urged a change to HO 2 to 
    permit minors to spend more time driving on the job. Child advocacy 
    groups, on the other hand, sought to further limit or abolish 
    completely job-related teenage driving. The Child Labor Coalition, for 
    example, supported a definition of ``incidental and occasional'' which 
    permitted emergency-situation driving only. The Washington State Child 
    Labor Advisory Committee recommended a complete ban on teenagers 
    driving on-the-job.
        As a result of comments received in response to the ANPRM, the 
    Department decided to review HO 2. In 1995, in order to clarify the 
    appropriate scope of ``incidental and occasional'' driving until 
    further rulemaking could be completed, the Wage and Hour Division 
    adapted the Child Labor Advisory Committee's 1989 recommended 
    interpretation. Under this Departmental interpretation of the 
    regulatory language, driving was deemed ``incidental'' if it was 
    limited to no more than 20% of the minor's work in any workday and did 
    not exceed 5% of the minor's work time in any workweek when performed. 
    Driving was deemed ``occasional'' if the minor drove on average no more 
    than once in a workweek and no more than four times in a calendar 
    month. A ``single episode'' of driving meant an occurrence when the 
    employee was working and operated a motor vehicle on behalf of the 
    employer. Although the Child Labor Advisory Committee also recommended 
    that the HO 2 exception should be permitted only for 17-year-olds, the 
    Department did not address this point because it was considered too 
    substantive to be adopted without rulemaking.
        The Drive for Teen Employment Act (Pub. L. 105-334) was signed by 
    the President on October 31, 1998. The Act amended the FLSA by adding a 
    new subsection 13(c)(6). This provision prohibits employees under 17 
    years of age from performing any on-the-job driving of automobiles and 
    trucks on public roadways. It permits 17-year-old minors to drive 
    automobiles and trucks on public roadways only if such driving meets 
    all of the following conditions:
        ``(A) such driving is restricted to daylight hours;
        ``(B) the employee holds a State license valid for the type of 
    driving involved in the job performed and has no records of any moving 
    violation at the time of hire;
        ``(C) the employee has successfully completed a State approved 
    driver education course;
        ``(D) the automobile or truck is equipped with a seat belt for the 
    driver and any passengers and the employee's employer has instructed 
    the employee
    
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    that the seat belts must be used when driving the automobile or truck;
        ``(E) the automobile or truck does not exceed 6,000 pounds of gross 
    vehicle weight;
        ``(F) such driving does not include--
        ``(i) the towing of vehicles;
        ``(ii) route deliveries or route sales;
        ``(iii) the transportation for hire of property, goods, or 
    passengers;
        ``(iv) urgent, time-sensitive deliveries;
        ``(v) more than two trips away from the primary place of employment 
    in any single day for the purpose of delivering goods of the employee's 
    employer or to a customer (other than urgent, time-sensitive 
    deliveries);
        ``(vi) more than two trips away from the primary place of 
    employment in any single day for the purpose of transporting passengers 
    (other than employees of the employer);
        ``(vii) transporting more than three passengers (including 
    employees of the employer); or
        ``(viii) driving beyond a 30 mile radius from the employee's place 
    of employment; and
        ``(G) such driving is only occasional and incidental to the 
    employee's employment.
    
    ``For purposes of subparagraph (G), the term `occasional and 
    incidental' is no more than one-third of an employee's worktime in any 
    workday and no more than 20 percent of an employee's worktime in any 
    workweek.''
        While the Drive for Teen Employment Act affects the current HO 2 
    exemption for ``occasional and incidental'' driving, the Act does not 
    affect any other parts of HO 2. The HO applies to driving on public 
    roadways and has no effect on driving of motor vehicles by 16- and 17-
    year-old employees when performed exclusively on private property 
    (except in or about any mine, logging or sawmilling operations, or any 
    excavation covered by HO 17). The HO 2 prohibition regarding the 
    employment of 16- and 17-year-olds to drive motor vehicles other than 
    cars and truck--such as truck-tractors, trailers, semitrailers, and 
    motorcycles--on public roads remains the same. The HO 2 prohibition 
    concerning the employment of 16- and 17-year-olds as ``outside 
    helpers'' on motor vehicles is unchanged. The Act also leaves unchanged 
    the applicability of HO 2 regardless of the registration or ownership 
    of the vehicle being driven by the minor. Further, the Act has no 
    effect on the relationship between the FLSA, HO 2, and State laws. Many 
    States have laws setting standards for child labor and teen drivers. 
    When both Federal and State laws apply, the law setting the more 
    stringent standard must be observed.
        The Department proposes to revise HO 2 to incorporate the 
    provisions of the Drive for Teen Employment Act and to provide guidance 
    regarding what constitutes ``urgent, time-sensitive deliveries.'' The 
    Department is of the view that such deliveries--prohibited by the Act--
    would include trips which, because of such factors as customer 
    satisfaction, the rapid deterioration of the quality or change in 
    temperature of the product, and/or economic incentives, are subject to 
    time-lines, schedules, and/or turn-around times which might impel the 
    driver to hurry in the completion of the delivery. Such trips would 
    include, but are not limited to, the delivery of pizzas and prepared 
    foods to the customer; the delivery of materials under a deadline (such 
    as deposits to a bank at closing); and the shuttling of passengers to 
    and from transportation depots to meet transport schedules. ``Urgent, 
    time-sensitive deliveries'' would not depend on the delivery's points 
    of origin and termination, and would include the delivery of people and 
    things to the employer's place of business as well as from that 
    business to some other location.
        The Department notes that the employer bears the burden of proving 
    compliance with several conditions contained in the Drive for Teen 
    Employment Act that must be met before a 17-year-old employee may drive 
    automobiles and trucks on public roadways in his/her job performance. 
    These conditions include--the employee must have a State license valid 
    for the type of driving being performed; the employee must have 
    successfully completed a State approved driver education course; and 
    the employee must have no records of any moving violations at the time 
    of hire. The Department does not propose to require that employers 
    create or maintain any records with regard to compliance with the Drive 
    for Teen Employment Act.
        In order to better protect themselves against unwitting violations 
    of HO 2, employers may wish to obtain, at the time of hire, sufficient 
    documentation from 17-year-old employees who will be expected to drive 
    on-the-job. This documentation could include such things as an age 
    certificate issued in accordance with the child labor regulations (29 
    CFR 570.5-.27), photocopies of the minor's driver license and his/her 
    certificate of completion or diploma issued by the State approved 
    driver education course, and correspondence from State or local 
    authorities and/or the minor's insurance company verifying that the 
    minor has no records of moving violations. The Department also notes 
    that the Drive for Teen Employment Act limits the type and extent of 
    driving a 17-year-old may perform on-the-job. In order to better 
    protect themselves against unwitting violations of these HO 2 
    restrictions, employers may wish to maintain logs to keep track of on-
    the-job driving performed by 17-year-old employees. These logs could 
    identify the driver and show such things as the starting and stopping 
    times of each trip, the destination of each trip, the purpose of each 
    trip, the number of miles driven, the vehicle driven, and the number of 
    passengers riding in the vehicle.
    2. School Bus Drivers (Sec. 570.52(b)(2))
        Hazardous Occupations Order No. 2 provides a limited exemption for 
    driving on public roads and highways by certain youths employed as 
    school bus drivers (Sec. 570.52(b)(2)). This exemption has been 
    included in HO 2 for decades, but was revised to its present form in 
    1991. The Department conducted a review of the school bus driver 
    exemption in 1990, and gave particular attention to the views of the 
    Child Labor Advisory Committee (discussed above). A Proposed Rule was 
    published in 1990, addressing this exemption along with some other 
    issues concerning other HOs (55 FR 42812). A Final Rule was issued in 
    1991 (56 FR 58626), revising the school bus drivers exemption to permit 
    employment of young workers as school bus drivers only through the 
    1995-1996 school year, for certain schools that were already employing 
    young drivers under authorizations previously issued by the Department.
        The Department proposes to delete from HO 2 the now-expired school 
    bus driver exemption. The exemption was available only to certain 
    ``grandfathered'' school districts and, by the explicit language of the 
    regulation, expired with the 1995-1996 school year. The Department sees 
    no justification for a revival of the exemption, since our records 
    reflect that this exemption was last used by a school district in the 
    1994-1995 school year, one year before the exemption's last available 
    school term under the regulation.
    
    E. Scrap Paper Balers and Paper Box Compactors (HO 12) (29 CFR 570.63)
    
        Hazardous Occupations Order No. 12 generally prohibits minors under 
    18 years of age from working in occupations involving the operation of 
    paper-products machines. The HO prohibits the loading, operation and
    
    [[Page 67138]]
    
    unloading of scrap paper balers, including paper box balers and 
    compacting machines, and other power-driven machines used in the 
    remanufacture or conversion of paper or pulp into a finished product. 
    When HO 12 was promulgated in 1954, the dangers specifically associated 
    with the operation of scrap paper balers involved being caught in the 
    plungers during the compression process and suffering strains and other 
    injuries while moving the compressed bales.
        The Department has consistently interpreted HO 12 to apply to any 
    establishment that used such paper-products machines, including retail 
    stores. The Department has long interpreted the regulation as applying 
    to paper box compactors (which generally perform the same function, 
    utilize the same processes of compacting, and present the same dangers 
    as scrap paper balers) although paper box compactors are not 
    specifically named in the HO. The Department has also interpreted the 
    prohibitions of HO 12 as applying to equipment used exclusively to 
    process paper products, even though machines used to process other 
    solid materials, in addition to paper products, share the identical 
    machine designs, operation methods, and potential risks.
        As a result of reports the Department received in the 1980s of 
    injuries to minors employed in retail stores involving paper balers, in 
    1990-91 the Wage and Hour Division conducted a review of HO 12 as it 
    applied to grocery stores and other retail operations. Through a 
    Proposed Rule (55 FR 42812), followed by a Final Rule (56 FR 58626), HO 
    12 was amended in December 1991. The regulation was clarified as 
    applying where the baled paper products were recycled, as well as where 
    they were disposed of as trash. Further, the regulation's prohibition 
    on ``operation'' was clarified as not including the stacking of 
    materials in areas adjacent to the machine. Finally, the regulation was 
    revised to explicitly state that HO 12 applied to all establishments 
    that used such machines, consistent with long-established Departmental 
    interpretation.
        The Department published an Advance Notice of Proposed Rulemaking 
    in 1994 (59 FR 25167), seeking the public's views on possible changes 
    in the child labor regulations, including the Hazardous Occupations 
    Orders. Although HO 12 was not specifically mentioned in the ANPRM, the 
    Department received comments from representatives of the grocery 
    industry asserting that recent technological changes have rendered 
    certain new balers and compactors safe for minors to load. The Food and 
    Allied Service Trades Department, AFL-CIO, opposed any relaxation of 
    the prohibitions contained in HO 12. The Child Labor Coalition also 
    opposed any relaxation of HO 12 and suggested that it should be 
    expanded to include all compactors.
        The Compactor and Baler Act was signed by the President on August 
    6, 1996 (Pub. L. 104-174). This legislation amends the FLSA by adding a 
    new subsection 13(c)(5) to permit 16- and 17-year-olds to load, but not 
    operate or unload, scrap paper balers and paper box compactors only if 
    all of the following conditions are met:
        ``(A) (the loading involves) * * * scrap paper balers and paper box 
    compactors--
        ``(i) that are safe for 16- and 17-year-old employees loading the 
    [machines]; 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- and 17-year-old 
    employees to load only if :
        ``(i)(I) the scrap paper balers and paper box compactors meet the 
    American National Standard 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 system 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
        ``(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);
        ``(II) 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 Department notes that the employer bears the burden of proving 
    compliance with the conditions established by the Compactor and Bailer 
    Act which allow 16- and 17-year-olds to load certain scrap paper balers 
    and paper box compactors.
        The amendment also required that all employers subject to the FLSA 
    submit a report to the Secretary of Labor when an employee under 18 
    years of age died or suffered an injury requiring medical treatment 
    (other than first aid) as a result of contact with a scrap paper baler 
    or a paper box compactor during the loading, operation, or unloading of 
    the equipment. (Sec. 13(c)(5)(C)). This reporting obligation, which 
    expired on August 6, 1998, required that the report be submitted within 
    ten days of the occurrence of the injury or death. Only one report, 
    involving the serious injury of a minor in Cass County, Texas, was 
    received by the Department during the mandatory reporting period.
        The Compactor and Baler Act also modified section 16(e) of the 
    FLSA--concerning civil money penalties--to specify that such penalties 
    may be assessed for violations of the new subsection 13(c)(5) as well 
    as other child labor provisions. The Act did not modify the amount of 
    the penalty under section 16(e), which sets a maximum of $10,000 per 
    violation for each minor who was the subject of the violation.
        The Department proposes to amend HO 12 to incorporate the 
    provisions of the Compactor and Baler Act. The regulation's prohibition 
    on 16- and 17-year-olds operating and unloading compactors and balers 
    would not be changed, and the regulation would specify that these 
    minors may load machines only in accordance with the following 
    standards set by the Act. The Department notes that employers bear the 
    burden of proving compliance with these standards.
        (1) The equipment must meet the ANSI standards imposed by the Act. 
    The Department recognizes that Congress explicitly applied certain 
    industry standards for the determination of which balers and/or 
    compactors are safe for minors to load: American National Standards 
    Institute's (ANSI) Standard ANSI Z245.5-1990 for scrap paper balers or 
    Standard ANSI Z245.2-1992 for paper box compactors. ANSI is a national 
    organization that coordinates the development of voluntary, consensus 
    standards in a wide range of areas, including product and worker 
    safety. Congress has used ANSI standards in other contexts as 
    expressions of the best available
    
    [[Page 67139]]
    
    technology in the safety area. For example, the Occupational Safety and 
    Health Act of 1970 directed the Department of Labor to adopt the then-
    existing ANSI standards, rather than delay any activity until the 
    agency promulgated particular occupational safety and health standards 
    (see section 6(a) of the Occupational Safety and Health Act, 29 U.S.C. 
    655(a)). The ANSI standards for scrap paper balers and paper box 
    compactors govern the manufacture and modification of the equipment, 
    the operation and maintenance of the equipment, and employee training. 
    Because these ANSI standards are copyright-protected, the Department 
    cannot include them in the regulations or reproduce them for 
    distribution to the public. Copies of the applicable ANSI standards are 
    available for inspection at the Office of the Federal Register, 800 
    North Capitol Street, NW., Suite 700, Washington, DC, 20408, at the 
    Occupational Safety and Health Administration Docket Office at Room 
    N2625, U.S. Department of Labor, 200 Constitution Avenue, NW, 
    Washington, DC 20210, and at any of the OSHA regional offices. Copies 
    of these standards are available for purchase at the American National 
    Standards Institute, 11 West 42nd Street, New York, New York 10036.
        The Department proposes that the employer will be required to make 
    an initial determination of whether its machine(s) meet the ANSI 
    standards, and that the Wage and Hour Division may make a final 
    determination in any investigation concerning minors' work with the 
    machines.
        The Compactor and Baler Act applies specific ANSI standards, issued 
    by the organization in 1990 and 1992. However, the Act also provides 
    that any new standard(s) adopted by ANSI would be sufficient for the 
    determination of safety of the balers and compactors if the Secretary 
    of Labor certifies the new standards to be at least as protective of 
    the safety of minors as Standard ANSI Z245.5-1990 for scrap paper 
    balers or Standard ANSI Z245.2-1992 for paper box compactors. The 
    Department is at this time proposing a regulation which incorporates 
    only the two ANSI standards specified by Congress.
        The Department is aware that ANSI has adopted newer standards for 
    scrap paper balers (Standard ANSI Z245.5-1997) and for paper box 
    compactors (Standard ANSI Z245.2-1997). The Department is reviewing 
    these standards to determine if they are at least as protective of the 
    safety of minors as those standards cited in the Compactor and Baler 
    Act. A preliminary review indicates the new standards are as protective 
    as those cited in the Compactor and Baler Act and we are considering 
    whether to include them along with the older standards when the final 
    rule is promulgated. The public is invited to provide comment on 
    whether Standard ANSI Z245.5-1997 is as protective of the safety of 
    minors as Standard ANSI S245.5-1990 and whether Standard ANSI Z245.2-
    1997 is as protective of the safety of minors as Standard ANSI Z245.2-
    1992.
        (2) Notice is provided and posted on each piece of equipment. The 
    Compactor and Baler Act requires that, before any 16- or 17-year-olds 
    may load materials into scrap paper balers and paper box compactors, 
    the employer must provide notice and post a notice on each piece of 
    equipment stating that 16- and 17-year-olds may only load the 
    equipment, and any employee under age 18 may not operate or unload such 
    equipment. The Department is proposing that the employer meets this 
    statutory requirement by posting a permanent notice--containing the 
    necessary information--in a place on the machine that is prominent and 
    easily visible to any persons loading, operating, or unloading it. The 
    Department proposes no specific form of notice but proposes specific 
    language taken from the statutory requirements to be included in the 
    notice.
        (3) The equipment must have certain controls and locks. The 
    Compactor and Baler Act requires that the equipment must include an on-
    off switch incorporating a key-lock or other system, that the control 
    of the system must be maintained in the custody of employees who are 18 
    years of age or older, and that the on-off switch must be maintained in 
    an off position when the equipment is not in operation. The Department 
    proposes to include these explicit requirements in the regulation.
        The Department also proposes to include in the regulation a 
    specific identification of paper box compactors among the types of 
    equipment subject to HO 12. This addition is required by the 
    legislation, which explicitly includes paper box compactors. In 
    addition, this regulatory change will communicate the Department's long 
    held position that HO 12 also applies to paper box compactors which 
    perform the same function, operate in a similar manner, and present the 
    same risks as scrap paper balers, which are explicitly listed in the 
    current regulation.
        In addition to the regulatory changes necessitated by the Compactor 
    and Baler Act, the Department proposes to modify HO 12 to include scrap 
    paper balers and paper box compactors that are used to process other 
    materials in addition to paper products. In the past, HO 12 has 
    prohibited minors from loading, operating, and unloading only those 
    scrap paper balers and paper box compactors that are used exclusively 
    to process paper products. This narrow application ignored the fact 
    that these machines are used to compress materials other than paper 
    without any changes in design or procedures for loading, operating and 
    unloading, and that the risks to minors associated with the loading, 
    operating, and unloading of the machines remain the same regardless of 
    the materials. Such other materials which may be processed by scrap 
    paper balers and paper box compactors include, but are not limited to, 
    plastics, rubber, foam rubber and aluminum cans. This modification of 
    HO 12 is needed to prevent injuries to minors and, in addition, is 
    supported by the definitions of both balers and compactors contained in 
    the ANSI Standards which Congress adopted in the Compactor and Baler 
    Act. We have preliminarily concluded that occupations involving the 
    loading, operating and unloading of scrap paper bailers and paper box 
    compactors that process other materials in addition to paper are 
    particularly hazardous for minors between 16 and 18 years of age. The 
    proposal would also revise the title of the HO to reflect its expanded 
    coverage.
        The proposed rule also amends the regulations in part 579 
    concerning civil money penalties, to implement the Compactor and Baler 
    Act's explicit authorization for penalties not to exceed $10,000 for 
    each employee who was the subject of a violation of new subsection 
    13(c)(5) of the FLSA.
    
    F. Work in Roofing Occupations (HO 16) (29 CFR 570.67)
    
        Hazardous Occupations Order No. 16 covers ``occupations in roofing 
    operations.'' It bans all occupations in roofing, but not all work on 
    roofs. Roofing operations, as defined by the regulation, include most 
    roofing activities and related occupations whether performed at 
    elevations or at ground level. Not included are other tasks performed 
    on or near roofs such as the installation, repair and maintenance of 
    roofing sheathing, television and microwave antennas, air conditioning 
    equipment, and gutters and downspouts.
        The Department has received inquiries questioning why employees 
    under 18 years of age may perform any work on a roof. Available data, 
    such as that provided by the National Institute for Occupational Safety 
    and Health and
    
    [[Page 67140]]
    
    the Massachusetts State Department of Health, indicates that working at 
    heights is a major contributor to injuries and deaths of young workers.
        The Department's 1994 Advance Notice of Proposed Rulemaking (59 FR 
    25167) raised the issue of minors working at heights. The ANPRM 
    requested comments regarding a ban on all work performed by minors on 
    roofs. The ANPRM also requested information as to whether such a 
    prohibition should be a generic restriction or one limited to a 
    particular industry or industries. Finally, the ANPRM sought 
    information regarding exemptions from HO 16 for apprentices and student 
    learners.
        The Department received a number of comments on this issue, the 
    vast majority of which supported the prohibition of roofing work and 
    all work on a roof. The comments came from a variety of sources, 
    including industry organizations, child advocates, and State and 
    Federal agencies.
        The National Roofing Contractors Association and the United Union 
    of Roofers, Waterproofers and Allied Workers, via a single letter 
    signed by their Presidents, supported a continuation of the prohibition 
    against minors working in roofing occupations. They also recommended 
    expanding the ban to include ``any phase of roofing work, including the 
    construction or repair of roof sheathing, installation of gutters and 
    downspouts or any other related roofing work.'' They saw ``no value to 
    exchanging the safety and health of 16- or 17-year-old minors for the 
    opportunity to learn limited phases of roofing.'' They stated the risk 
    was too great and the price was too high.
        The Child Labor Coalition (CLC) and the National Consumers League 
    (NCL) supported a generic restriction with cross-industry application 
    involving all work at elevations; they recommended using the 
    Occupational Safety and Health Administration (OSHA) height standard 
    which lowered the fall protection standard from 16 feet to 6 feet and 
    which became effective on February 6, 1995 (59 FR 40672). The CLC and 
    the NCL supported a prohibition on all workplace activities by minors 
    involving elevations above 6 feet, whether on roofs, hanging out 
    windows, or working on ladders, scaffolds or other elevated surfaces. 
    The NCL cited injury and fatality data from OSHA and the Roofer's Union 
    that supported a ban on any work above 6 feet. The NCL also cited NIOSH 
    data from 1980 to 1985 which identified falls as a major cause of 
    injuries to construction workers.
        An official of the Massachusetts State Department of Public Health, 
    Occupational Health Surveillance Program, noted that falls are a 
    leading cause of occupational fatalities in Massachusetts, as they are 
    nationally. She cited 1993 statistics in which deaths involving falls 
    exceeded motor vehicle related deaths and homicides, making them the 
    leading cause of fatal occupational injuries. The majority of falls 
    occurred in the construction industry (60 percent), but falls were a 
    problem in a wide spectrum of industries. The official favored a 
    generic approach to banning working at heights and would ban all work 
    on ladders or at heights greater than 6 feet (the OSHA standard).
        Similarly, the North Carolina State Department of Labor supported a 
    ban on working at heights. It suggested banning ``any work which 
    involves the risk of falling from any elevated place located 10 feet or 
    more above the ground, including work involving the use of ladders and 
    scaffolds in which work is performed higher than 10 feet from the 
    ground surface.'' A member of the Washington State House of 
    Representatives who also served as a member of the Washington State 
    Child Labor Advisory Committee noted that the State of Washington's 
    child labor regulations contain a limit on working more than 10 feet 
    above ground or floor level and recommended that the Federal 
    regulations adopt a similar provision.
        The single commenter not in favor of prohibiting all work on a roof 
    was the Associated Builders and Contractors, Inc. (ABC), which opposed 
    a ban on 16- and 17-year-olds working at heights. ABC noted that most 
    construction jobs require working at heights, and suggested that the 
    Department should take into consideration the strides OSHA has made in 
    protecting all construction workers. ABC commented that a ban would 
    jeopardize valuable career-advancing opportunities and that proper 
    supervision, safety instructions, and training are sufficient to reduce 
    or alleviate any heightened risk of injury without sacrificing the 
    benefit of work experience. ABC also stated that such a ban would bar 
    the construction industry from participating in school-to-work 
    programs. ABC stated that any blanket prohibition on occupations 
    involving heights or working with electricity would chill potential 
    career opportunities and prevent the brightest and best of non-college-
    bound adolescents from being recruited into careers in the construction 
    industry.
        The Department has carefully considered the comments and available 
    data and has concluded that the dangers cited in the original report 
    when HO 16 was first issued still persist for youths working on roofs. 
    The main danger for such youths is from falls which, as noted by 
    several commenters, may occur in any occupation performed on a roof. We 
    have preliminarily concluded that occupations involving working on 
    roofs, as well as all occupations in roofing operations, are 
    particularly hazardous for minors between 16 and 18 years of age. The 
    Department, therefore, is proposing to amend HO 16 to expand the ban 
    from all roofing occupations to include all work performed on a roof. 
    This ban would include, but not be limited to, occupations on or in 
    close proximity to roofs such as the installation, repair, and 
    maintenance of gutters and downspouts, sheathing or roof bases, 
    television antennas, air conditioners, exhaust and ventilating 
    equipment, heating equipment, and similar appliances attached to roofs. 
    The exemption for apprentices and student-learners employed under the 
    conditions prescribed in 29 CFR 570.50 (b) and (c) would continue to 
    apply under HO 16. The Department believes that the additional 
    supervision and training required by the exemption, coupled with the 
    limited exposures provided by the exemption, will help to reduce safety 
    risks to 16- and 17-year-olds working on roofs.
    
    IV. Executive Order 12866
    
        This proposed rule is being treated as a ``significant regulatory 
    action'' within the meaning of Executive Order 12866, because of its 
    importance to the public and the Administration's priorities. 
    Therefore, the Office of Management and Budget has reviewed the 
    proposed rule. However, because this proposed rule is not 
    ``economically significant'' as defined in section 3(f)(1) of EO 12866, 
    it does not require a full economic impact analysis under section 
    6(a)(3)(C) of the Order.
        This proposal would revise the child labor regulations in response 
    to two statutory amendments enacted by the Congress that altered two of 
    the child labor hazardous occupation orders: HO 12, affecting 
    activities involving certain scrap paper balers and paper box 
    compactors; and HO 2, affecting the operation of motor vehicles. The 
    economic impact of these statutory provisions is expected to be 
    minimal. The additional revisions that are being proposed are also 
    expected to have little or no direct cost impact. The revisions 
    affecting the types of cooking and related food preparation activities 
    that 14- and 15-year-olds may perform in food service establishments 
    (Reg. 3 Occupations) are primarily clarifications of existing 
    provisions. An amendment to HO 16 to prohibit youth under age 18
    
    [[Page 67141]]
    
    from performing all work on roofs and an update of definitions for the 
    term ``explosives'' in HO 1 that prohibits minors working where 
    ``explosives'' are made or stored are expected to affect few minors. A 
    change in the regulation on government-issued certificates of age 
    intended to reduce paperwork when a minor's employment ends would 
    reduce the cost impact of the existing regulation. The proposal thus 
    overall relieves certain existing restrictions under two of the HOs and 
    Reg. 3 occupations, expands restrictions under one HO, reduces 
    paperwork burden involving age certificates, and makes other technical, 
    clarifying changes. Although a small number of employers may be 
    required to hire an older worker to perform the prohibited tasks, we 
    believe that any resulting costs directly incurred would be minimal. 
    Rules that limit permissible job activities for working youth to those 
    that are safe do not, by themselves, impose significant added costs on 
    employers, in our view. In fact, ensuring that permissible job 
    opportunities for working youth are safe and healthy and not 
    detrimental to their education, as required by the statute, produces 
    many positive benefits and actually reduces health and productivity 
    costs that employers may otherwise incur because of higher accident and 
    injury rates to young and inexperienced workers. In any event, the 
    direct, incremental costs imposed by this proposed rule are expected to 
    be minimal. Collectively, they will not have an annual effect on the 
    economy of $100 million or more or adversely affect in a material way 
    the economy or its individual sectors, productivity, jobs, the 
    environment, public health or safety, or State, local, or tribal 
    governments or communities. Therefore, this rule is not ``economically 
    significant'' and no regulatory impact analysis has been prepared.
    
    V. Small Business Regulatory Enforcement Fairness Act
    
        The Department has similarly concluded that this proposed rule is 
    not a ``major rule'' requiring approval by the Congress under the Small 
    Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et 
    seq.). It will not likely result in: (1) An annual effect on the 
    economy of $100 million or more; (2) a major increase in costs or 
    prices for consumers, individual industries, Federal, State or local 
    government agencies, or geographic regions; or (3) significant adverse 
    effects on competition, employment, investment, productivity, 
    innovation, or on the ability of U.S.-based enterprises to compete with 
    foreign-based enterprises in domestic or export markets.
    
    VI. Unfunded Mandates Reform Act of 1995; Executive Order 12875
    
        Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 
    et seq.) directs agencies to assess the effects of Federal regulatory 
    actions on State, local, and tribal governments, and the private 
    sector, ``* * * (other than to the extent that such regulations 
    incorporate requirements specifically set forth in law).'' For purposes 
    of the Unfunded Mandates Reform Act, and as noted above, this rule does 
    not include any Federal mandate that may result in increased annual 
    expenditures in excess of $100 million by State, local or tribal 
    governments in the aggregate, or by the private sector. Moreover, two 
    of the changes constitute ``regulations [that] incorporate requirements 
    specifically set forth in law'' (i.e., amendments to HO 2 and HO 12).
        For similar reasons, the proposed rule does not impose a 
    significant ``unfunded mandate'' within the meaning of Executive Order 
    12875. This order requires agencies to consult with State, local, and 
    tribal governments when developing regulatory proposals containing 
    significant unfunded mandates. By its terms, section 1 of E.O. 12875 
    applies to ``any regulation that is not required by statute and that 
    creates a mandate upon a State, local or tribal government.'' Two 
    provisions (driving and paper balers) are specifically required by 
    statutory amendments enacted by Congress. Furthermore, the Department 
    believes that there are very few if any minors employed by State, local 
    and tribal governments in the affected occupations. To the extent that 
    any minors may be so employed, the Department believes that any costs 
    that might result from using older employees to perform the prohibited 
    tasks would be minimal, and would be more than offset by reduced health 
    and productivity costs resulting from accidents and injuries to minors 
    on the job. Thus, as described above, this proposed rule does not 
    contain changes not otherwise required by statute that create 
    significant unfunded mandates on affected units of government.
    
    VII. Regulatory Flexibility Act
    
        This rule is not expected to have a significant economic impact on 
    a substantial number of small entities. Two provisions (driving and 
    paper balers) are specifically required by statutory amendments enacted 
    by Congress. It is anticipated that the other provisions would have 
    little or no cost impact on any small entities. The amendment to the 
    provisions concerning the circumstances when 14- and 15-year-olds are 
    permitted to cook is primarily a clarification of the existing 
    provision. We believe that the prohibition against work on a roof and 
    the revision to the paper balers provision would affect few minors, and 
    therefore few small businesses. Although a small number of employers 
    would be required to use an older employee to perform the prohibited 
    tasks, we believe that any resulting costs directly incurred would be 
    minimal. Indeed, we believe that the child labor regulations, by 
    fostering safer work environments for working youth, would reduce 
    health and productivity costs to employers, including covered small 
    business, resulting from accidents and injuries to minors on the job. 
    Thus, given the nature of the changes proposed by the rule, and for the 
    reasons discussed above, we do not believe the rule will have a 
    significant economic impact on a substantial number of small entities. 
    The Department has certified to this effect to the Chief Counsel for 
    Advocacy of the U.S. Small Business Administration. Therefore, no 
    Regulatory Flexibility Analysis is required.
        Document Preparation: This document was prepared under the 
    direction and control of John R. Fraser, Deputy Administrator, Wage and 
    Hour Division, Employment Standards Administration, U.S. Department of 
    Labor.
    
    List of Subjects
    
    29 CFR Part 570
    
        Child labor, Child labor occupations, Employment, Government, 
    Incorporation by reference, Intergovernmental relations, 
    Investigations, Labor, Law enforcement, Minimum age.
    
    29 CFR Part 579
    
        Child labor, Penalties.
    
        Signed at Washington, D.C. on the 22nd day of November, 1999.
    Bernard E. Anderson,
    Assistant Secretary, Employment Standards Administration.
    
        For the reasons set forth above, title 29, parts 570 and 579, of 
    the Code of Federal Regulations are proposed to be amended as follows:
    
    PART 570--CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF 
    INTERPRETATION
    
        1. The authority citation for part 570, subpart B, continues to 
    read as follows:
    
    
    [[Page 67142]]
    
    
        Authority: Secs. 3, 11, 12, 52 Stat. 1060, as amended, 1066 as 
    amended, 1067 as amended; 29 U.S.C. 203, 211, 212.
    
        2. In Sec. 570.6, the section heading, paragraph (b)(1) and the 
    parenthetical statement following paragraph (b)(2) are proposed to be 
    revised to read as follows:
    
    
    Sec. 570.6  What information is contained in Federal certificates of 
    age and how does an employer use it?
    
    * * * * *
        (b) * * *
        (1) We will send a certificate of age for a minor under 18 years of 
    age to the prospective employer of the minor. That employer must keep 
    the certificate on file at the minor's workplace. When the minor 
    terminates employment, the employer must give the certificate to the 
    minor. The minor may then present the previously issued certificate to 
    future employers as proof of age as described in Sec. 570.5.
        (2) * * *
    
    (The information collection requirements contained in paragraph (a) 
    were approved by the Office of Management and Budget under control 
    number 1215-0083.)
    
        3. The authority citation for part 570, subpart C, is proposed to 
    be revised to read as follows:
    
        Authority: Sec. 3, 52 Stat. 1060, as amended; 29 U.S.C. 203, 
    212.
    
        4. In Sec. 570.34, the section heading, paragraphs (a)(7) and 
    (b)(5) are proposed to be revised to read as follows:
    
    
    Sec. 570.34  Which occupations are minors 14 and 15 years of age 
    permitted to perform in retail, food service, and gasoline service 
    establishments?
    
        (a) * * *
        (7) Kitchen work and other work involved in preparing and serving 
    food and beverages, including operating machines and devices used in 
    performing such work. Examples of permitted machines and devices 
    include, but are not limited to, dishwashers, toasters, dumbwaiters, 
    popcorn poppers, milk shake blenders, coffee grinders, automatic coffee 
    machines, and devices used to maintain the temperature of prepared 
    foods (such as warmers, steam tables, and heat lamps). Minors are 
    permitted to clean kitchen equipment (not otherwise prohibited), remove 
    oil or grease filters, pour oil or grease through filters, and move 
    receptacles containing hot grease or hot oil, but only when the 
    equipment, surfaces, containers and liquids do not exceed a temperature 
    of 140  deg.F;
    * *
        (b) * * *
        (5) Baking and cooking except:
        (i) Cooking with electric or gas grilles which does not involve 
    cooking over an open flame; and
        (ii) Cooking with deep fryers which are equipped with a device 
    which automatically lowers the baskets into the hot oil or grease and 
    automatically raises the baskets from the hot oil or grease;
    * * * * *
        5. The authority citation for part 570, subpart E, is proposed to 
    be revised to read as follows:
    
        Authority: Secs. 3, 12, 13(c), 18, 52 Stat. 1060, 1069; 29 
    U.S.C. 203, 212, 213(c), 218.
    
        6. The heading of subpart E is proposed to be revised to read as 
    follows:
    
    Subpart E--What Occupations Are Particularly Hazardous for the 
    Employment of 16- and 17-Year-Olds or Detrimental to Their Health 
    or Well-Being?
    
        7. In Sec. 570.51, paragraph (b)(2) is proposed to be revised to 
    read as follows:
    
    
    Sec. 570.51  Occupations in or about plants or establishments 
    manufacturing or storing explosives or articles containing explosive 
    components (Order 1).
    
    * * * * *
        (b) * * *
        (2) The terms explosives and articles containing explosive 
    components mean and include ammunition, black powder, blasting caps, 
    fireworks, high explosives, primers, smokeless powder, and all goods 
    identified in appendix A to this section.
    * * * * *
        8. A new Appendix A to Sec. 570.51 is proposed to be added to read 
    as follows:
    
    Appendix A to Sec. 570.51--List of Explosive Materials
    
        Acetylides of heavy metals; aluminum containing polymeric 
    propellant; aluminum ophorite explosive; amatex; amatol; ammonal; 
    ammonium nitrate explosive mixtures (cap sensitive); ammonium 
    nitrate explosive mixtures (non cap sensitive)* ; aromatic nitro 
    compound explosive mixtures; ammonium perchlorate explosive 
    mixtures; ammonium perchlorate composite propellant; ammonium 
    picrate (picrate of ammonia, Explosive D); ammonium salt lattice 
    with isomorphously substituted inorganic salts; ANFO (ammonium 
    nitrate-fuel oil); * baratol; baronol; BEAF (1,2-bis (2,2-diflouro-
    2-nitroacetoxyethane)); black powder; black powder based explosive 
    mixtures; blasting agents, nitro-carbo-nitrates, including non cap 
    sensitive slurry and water gel explosives* ; blasting caps; blasting 
    gelatin; blasting powder; BTNEC (bis (trinitroethyl) carbonate); 
    bulk salutes; BTNEN (bis (trinitroethyl) nitramine); BTTN (1,2,4 
    butanetriol trinitrate); butyl tetryl; calcium nitrate explosive 
    mixture; cellulose hexanitrate explosive mixture; chlorate explosive 
    mixtures; composition A and variations; composition B and 
    variations; composition C and variations; copper acetylide; cyanuric 
    triazide; cyclotrimethylenetrinitramine (RDX); 
    cyclotetramethylenetetranitramine (HMX); cyclonite (RDX); cyclotol; 
    DATB (diaminotrinitrobenzene); DDNP (diazodinitrophenol); DEGDN 
    (diethyleneglycol dinitrate); detonating cord; detonators; 
    dimethylol dimethyl methane dinitrate composition; 
    dinitroethyleneurea; dinitroglycerine (glycerol dinitrate); 
    dinitrophenol; dinitrophenolates; dinitrophenyl hydrazine; 
    dinitroresorcinol; dinitrotoluene-sodium nitrate explosive mixtures; 
    DIPAM; dipicryl sulfone; dipicrylamine; display fireworks; DNPD 
    (dinitropentano nitrile); DNPA (2,2-dinitroprophy acrylate); 
    dynamite; EDDN (ethylene diamine dinitrate); EDNA; ednatol; EDNP 
    (ethyl 4,4-dinitropentanoate), erythritol tetranitrate explosives; 
    esters of nitro-substituted alcohols; EGDN (ethylene glycol 
    dinitrate); ethyl-tetryl; explosive conitrates; explosive gelatine; 
    explosive mixtures containing oxygen releasing inorganic salts and 
    hydrocarbons; explosive mixtures containing oxygen releasing 
    inorganic salts and nitro bodies; explosive mixtures containing 
    oxygen releasing inorganic salts and water insoluble fuels; 
    explosive mixtures containing oxygen releasing inorganic salts and 
    water soluble fuels; explosive mixtures containing sensitized 
    nitromethane; explosive mixtures containing tetranitromethane 
    (nitroform); explosive nitro compounds of aromatic hydrocarbons; 
    explosive organic nitrate mixtures; explosive liquids; explosive 
    powders; flash powder; fulminate of mercury; fulminate of silver; 
    fulminating gold; fulminating mercury; fulminating platinum 
    fulminating silver; gelatinized nitrocellolose; gem-dinitro 
    aliphatic explosive mixtures; guanyl nitrosamino guanyl tetrazene; 
    guanyl nitrosamino guanylidene hydrazine; guncotton; heavy metal 
    azides; hexanite; hexanitrodiphenylamine; hexanitrostilbene; hexogen 
    (RDX); hexogene or octogene and a nitrated N-methylaniline; 
    hexolites; HMX (cyclo-1,3,5,7-tetramethylene 2,4,6,8-tetranitramine; 
    octogen); hydrazinium nitrate/hydrazine/aluminum explosive system; 
    hydrazoic acid; igniter cord; igniters; initiating tube systems; 
    KDNBF (potassium dinitrobenzofuroxane); lead azide; lead mannite; 
    lead mononitroresorcinate; lead picrate; lead salts, explosive; lead 
    styphnate (styphnate of lead, lead trinitroresorcinate); liquid 
    nitrated polyol and trimethylolethane; liquid oxygen explosives; 
    magnesium ophorite explosives; mannitol hexanitrate; MDNP (methyl 
    4,4-dinitropentanoate); MEAN (monoethanolamine nitrate); mercuric 
    fulminate; mercury oxalate; mercury tartrate; metriol trinitrate; 
    minol-2 (40% TNT, 40% ammonium nitrate, 20% aluminum); MMAN 
    (monomethylamine nitrate), methylamine nitrate; mononitrotoluene-
    nitroglycerin mixture; monopropellants; NIBTN (nitroisobutametriol 
    trinitrate); nitrate sensitezed with gelled nitroparaffin; nitrated
    
    [[Page 67143]]
    
    carbohydrate explosive; nitrated glucoside explosive; nitrated 
    polyhydric alcohol explosives; nitrates of soda explosive mixtures; 
    nitric acid and a nitro aromatic compound explosive; nitric acid and 
    carboxylic fuel explosive; nitric acid explosive mixtures; nitro 
    aromatic explosive mixtures; nitro compounds of furane explosive 
    mixtures; nitrocellulose explosive; nitroderivative of urea 
    explosive mixture; nitrogelatin explosive; nitrogen tricloride; 
    nitrogen tri-iodide; nitroglycerine (NG, RNG, nitro, glycerlyl 
    trinitrate, trinitroglycerine); nitroglycide; nitroglycol (ethylene 
    glycol dinitrate, EGDN); nitroguanidine explosives; nitroparaffins 
    explosive grade and ammonium nitrate mixtures; nitronium perchlorate 
    propellant mixtures; nitrostarch; nitro-substituted carboxylic 
    acids; nitrourea; octogen (HMX); octol (75 percent HMX, 25 percent 
    TNT); organic amine nitrates; organic nitramines; PBX (RDX and 
    plasticizer); pellet powder; penthrinite composition; pentolite; 
    perchlorate exploxive mixtures; peroxide based explosive mixtures; 
    PETN (nitropentaerythrite, pentaerythrite tetranitrate, 
    pentaerythritol tetranitrate); picramic acid and its salts; 
    picramide; picrate of potassium explosive mixtures; picratol; picric 
    acid (manufactured as an explosive); picryl chloride; picryl 
    fluoride; PLX (95% nitromethane, 5% ethylenediamine); polynitro 
    aliphatic compounds; polyolpolynitratenitrocellulose explosive gels; 
    potassium chlorate and lead sulfocyanate explosive; potassium 
    nitrate explosive mixtures; potassium nitroaminotetrazole; 
    pyrotechnic compositions; PYX (2,6-bis(picrylamino))=3,5-
    dinitropyridine; RDX (cyclonite, hexogen, T4, cyclo-1,3,5,-
    trimethylene-2,4,6, -trinitramine; hexahydro-1,3,5-trinitro-S-
    triazine); safety fuse; salutes, (bulk); salts of organic amino 
    sulfonic acid explosive mixture; silver acetylide; silver azide; 
    silver fulminate; silver oxalate explosive mixtures; silver 
    styphnate; silver tartrate explosive mixtures; silver tetrazene; 
    slurried explosive mixtures of water, inorganic oxidizing salt, 
    gelling agent, fuel and sensitizer (cap sensitive); smokeless 
    powder; sodatol; sodium amatol; sodium azide explosive mixture; 
    sodium dinitro-ortho-cresolate; sodium nitrate-potassium nitrate 
    explosive mixture; sodium picramate; special fireworks; squibs; 
    styphnic acid explosives; tacot (tetranitro-2,3,5,6-dibenzo-1, 
    3a,4,6a tetrazapentalene); TATB (triaminotrinitrobenzene); TEGDN 
    (triethylene glycol dinitrate); tetrazene (tetracene, tetrazine, 
    1(5-tetrazolyl)-4-guanyl tetrazene hydrate); tetranitrocarbazole; 
    tetryl (2,4,6 tetranitro-N-methylaniline); tetrytol; thickened 
    inorganic oxidizer salt slurried explosive mixture; TMETN 
    (trimethylolethane trinitrate); TNEF (trinitroethyl formal); TNEOC 
    (trinitroethylorthocarbonate); TNEOF (trinitroethylorthoformate); 
    TNT (trinitrotoluene, trotyl, trilite, triton); torpex, tridite; 
    trimethylol ethyl methane trinitrate composition; trimethylolthane 
    trinitrate-nitrocellulose; trimonite; trinitroanisole; 
    trinitrobenzene; trinitrobenzoic acid; trinitrocresol; trinitro-
    meta-cresol; trinitronaphthalene; trinitrophenetol; 
    trinitrophloroglucinol; trinitroresorcinol; tritonal; urea nitrate; 
    water bearing explosives having salts of oxidizing acids and 
    nitrogen bases, sulfates, or sulfamates (cap sensitive); water-in-
    oil emulsion explosive compositions; xanthamonas hydrophilic colloid 
    explosive mixture.
        This list was published in the Federal Register by the Bureau of 
    Alcohol, Tobacco and Firearms, Department of the Treasury, pursuant 
    to 18 U.S.C. 841(d) and 27 CFR 55.23.
    
        * The asterisks indicate materials that constitute blasting 
    agents.
    
        9. In Sec. 570.52, paragraph (b) is proposed to be revised and new 
    paragraphs (c)(5) and (c)(6) are proposed to be added to read as 
    follows:
    
    
    Sec. 570.52  Occupations of motor-vehicle driver and outside helper 
    (Order 2).
    
    * * * * *
        (b) Exemption--Incidental and occasional driving by 17-year-olds. 
    Minors who are at least 17 years of age may drive automobiles and 
    trucks on public roadways when all the following criteria are met:
        (1) The automobile or truck does not exceed 6,000 pounds gross 
    vehicle weight, and the vehicle is equipped with a seat belt or similar 
    restraining device for the driver and for any passengers and the 
    employer has instructed the employee that such belts or other devices 
    must be used;
        (2) The driving is restricted to daylight hours;
        (3) The minor holds a State license valid for the type of driving 
    involved in the job performed and has no records of any moving 
    violations at the time of hire;
        (4) The minor has successfully completed a State-approved driver 
    education course;
        (5) The driving does not involve the towing of vehicles; route 
    deliveries or route sales; the transportation for hire of property, 
    goods, or passengers; urgent, time-sensitive deliveries; or the 
    transporting at any one time of more than three passengers, including 
    the employees of the employer;
        (6) The driving performed by the minor does not involve more than 
    two trips away from the primary place of employment in any single day 
    for the purpose of delivering goods of the minor's employer to a 
    customer (except urgent, time-sensitive deliveries which are completely 
    banned in paragraph (b) (5) of this section);
        (7) The driving performed by the minor does not involve more than 
    two trips away from the primary place of employment in any single day 
    for the purpose of transporting passengers (other than the employees of 
    the employer);
        (8) The driving takes place within a thirty (30) mile radius of the 
    minor's place of employment; and,
        (9) The driving is only occasional and incidental to the employee's 
    employment.
        (c) * * *
        (5) The term occasional and incidental means no more than one-third 
    of an employee's worktime in any workday and no more than 20 percent of 
    an employee's work time in any workweek.
        (6) The term urgent, time-sensitive deliveries means trips which, 
    because of such factors as customer satisfaction, the rapid 
    deterioration of the quality or change in temperature of the product, 
    and/or economic incentives, are subject to time-lines, schedules, and/
    or turn-around times which might impel the driver to hurry in the 
    completion of the delivery. Prohibited trips would include, but are not 
    limited to, the delivery of pizzas and prepared foods to the customer; 
    the delivery of materials under a deadline (such as deposits to a bank 
    at closing); and the shuttling of passengers to and from transportation 
    depots to meet transport schedules. ``Urgent, time-sensitive 
    deliveries'' would not depend on the delivery's points of origin and 
    termination, and would include the delivery of people and things to the 
    employer's place of business as well as from that business to some 
    other location.
        10. In Sec. 570.63, the section heading and paragraphs (a)(1)(i), 
    (b) and (c) are proposed to be revised to read as follows:
    
    
    Sec. 570.63  Occupations involved in the operation of paper-products 
    machines, scrap-paper balers, and paper box compactors (Order 12).
    
        (a) * * *
        (1) * * *
        (i) Arm-type wire stitcher or stapler, circular or band saw, corner 
    cutter or mitering machine, corrugating and single-or-double facing 
    machine, envelope die-cutting press, guillotine paper cutter or shear, 
    horizontal bar scorer, laminating or combing machine, sheeting machine, 
    scrap paper baler, paper box compactor, or vertical slotter.
    * * * * *
        (b) Definitions.
        (1) The term operating or assisting to operate means all work which 
    involves starting or stopping a machine covered by this section, 
    placing materials into or removing materials from a machine, including 
    clearing a machine of jammed paper or cardboard, or any other work 
    directly involved in operating the machine. The term does not include 
    the stacking of materials by an employee in
    
    [[Page 67144]]
    
    an area nearby or adjacent to the machine where such employee does not 
    place the materials into the machine.
        (2) The term paper products machine means all power-driven machines 
    used in:
        (i) Remanufacturing or converting paper or pulp into a finished 
    product, including preparing such materials for recycling; or
        (ii) Preparing such materials for disposal. The term applies to 
    such machines whether they are used in establishments that manufacture 
    converted paper or pulp products, or in any other type of manufacturing 
    or nonmanufacturing establishment. The term applies to those machines 
    which, in addition to paper products, also process other material for 
    disposal.
        (3) The term scrap-paper baler means a powered machine used to 
    compress paper and possibly other solid waste, with or without binding, 
    to a density of form that will support handling and transportation as a 
    material unit without requiring a disposable or reusable container.
        (4) The term paper box compactor means a powered machine that 
    remains stationary during operation, used to compact refuse, including 
    paper boxes, into a detachable or integral container or into a transfer 
    vehicle.
        (5) The term applicable ANSI Standard means the American National 
    Standard Institute's Standard ANSI Z245.5-1990 for scrap paper balers 
    or the American National Standard Institute's Standard ANSI Z245.2-1992 
    for paper box compactors which are incorporated by reference as 
    specified in this paragraph, or any replacement standard adopted by the 
    American National Standard Institute which the Secretary of Labor has 
    certified to be at least as protective of the safety of minors as 
    Standard ANSI Z245.5-1990 for scrap paper balers or ANSI Z245.2-1992 
    for paper box compactors. The ANSI standards for scrap paper balers and 
    paper box compactors govern the manufacture and modification of the 
    equipment, the operation and maintenance of the equipment, and employee 
    training.
        (i) The standards which are incorporated by reference in this 
    paragraph have the same force and effect as other standards in this 
    part. Only the mandatory provisions (i.e., provisions containing the 
    word ``shall'' or other mandatory language) of these standards are 
    adopted as standards under this part.
        (ii) These standards are incorporated by reference as they exist on 
    the date of the approval; if any changes are made in these standards 
    which the Secretary of Labor finds to be as protective of the safety of 
    minors as the current standards, the Secretary will publish a Notice of 
    the change of standards. These incorporations by reference were 
    approved by the Director of the Federal Register in accordance with 5 
    U.S.C. 552(a) and 1 CFR part 51.
        (iii) Copies of these standards are available for purchase from the 
    American National Standards Institute (ANSI), 11 West 42nd St., New 
    York, NY, 10036. In addition, these standards are available for 
    inspection at the Office of the Federal Register, 800 North Capitol 
    Street, NW., Suite 700, Washington, DC, 20408, and through the 
    Occupational Safety and Health Administration Docket Office, Room 
    N2625, U.S. Department of Labor, 200 Constitution Avenue, NW, 
    Washington, DC, 20210, or any of its regional offices.
        (c) Exemptions. (1)(i) Sixteen- and 17-year-old minors may load 
    materials into, but not operate or unload, those scrap paper balers and 
    paper box compactors that are safe for 16- and 17-year-old employees to 
    load and cannot be operated while being loaded. For the purpose of this 
    exemption, a scrap paper baler or a paper box compactor is considered 
    to be safe for 16- and 17-year-old to load only if all of the following 
    conditions are met:
        (A) The scrap paper baler or paper box compactor meets the 
    applicable ANSI standard (the employer must initially determine if the 
    equipment meets the applicable ANSI standard, and the Administrator or 
    his/her designee may make a final determination when conducting an 
    investigation of the employer);
        (B) The scrap paper baler or paper box compactor includes an on-off 
    switch incorporating a key-lock or other system and the control of the 
    system is maintained in the custody of employees who are 18 years of 
    age or older;
        (C) The on-off switch of the scrap paper baler or paper box 
    compactor is maintained in an off position when the machine is not in 
    operation; and
        (D) The employer posts a notice on the scrap paper baler or paper 
    box compactor (in a prominent position and easily visible to any person 
    loading, operating, or unloading the machine) stating that:
    
        The scrap paper baler or compactor meets the industry safety 
    standard applicable to the machine (Standard ANSI Z245.5-1990 for 
    scrap paper balers and Standard ANSI Z245.2-1992 for paper box 
    compactors).
        Sixteen- and 17-year-old employees may only load the scrap paper 
    baler or paper box compactor.
        Any employee under the age of 18 may not operate or unload the 
    scrap paper baler or paper box compactor.
    
        (2) This section shall not apply to the employment of apprentices 
    or student-learners under the conditions prescribed in Sec. 570.50 (b) 
    and (c).
        11. In Sec. 570.67 the heading and paragraphs (a) and (b) are 
    proposed to be revised to read as follows:
    
    
    Sec. 570.67  Occupations in roofing operations and on or about a roof 
    (Order 16).
    
        (a) Finding and declaration of fact. All occupations in roofing 
    operations and all occupations on or about a roof are particularly 
    hazardous for the employment of minors between 16 and 18 years of age 
    or detrimental to their health.
        (b) Definitions.
        (1) The term roofing operations means all work performed in 
    connection with the installation of roofs, including related metal work 
    such as flashing, and applying weatherproofing materials and substances 
    (such as waterproof membranes, tar, slag or pitch, asphalt prepared 
    paper, tile, composite roofing materials, slate, metal, translucent 
    materials, and shingles of asbestos, asphalt, wood or other materials) 
    to roofs of buildings or other structures. The term also includes all 
    jobs on the ground related to roofing operations such as roofing 
    laborer, roofing helper, materials handler and tending a tar heater.
        (2) The term on or about a roof includes all work performed upon a 
    roof, including carpentry and metal work, alterations, additions, 
    maintenance and repair, including painting and coating of existing 
    roofs; the construction of the sheathing or base of roofs (wood or 
    metal); gutter and downspout work; the installation and servicing of 
    television and communication equipment such as cable and satellite 
    dishes; the installation and servicing of heating, ventilation and air 
    conditioning equipment or similar appliances attached to roofs; and any 
    similar work that is required to be performed upon or about roofs.
    * * * * *
    
    PART 579--CHILD LABOR VIOLATIONS--CIVIL MONEY PENALTIES
    
        12. The authority citation for part 579 is proposed to be revised 
    to read as follows:
    
        Authority: 29 U.S.C. 203, 211, 212, 213, 216; Reorg. Plan No. 6 
    of 1950, 64 Stat. 1263. 5 U.S.C. App; secs. 25, 29, 88 Stat. 72, 76; 
    Secretary of Labor's Order No. 1371, 36 FR 8755; sec. 3103, Pub. L. 
    101-508; sec. 2, Pub. L. 104-174.
    
    
    [[Page 67145]]
    
    
        13. In Sec. 579.1, the section heading and paragraphs (a), (a)(1), 
    (a)(6) and (b) are proposed to be revised to read as follows:
    
    
    Sec. 579.1  What does this regulation cover?
    
        (a) Section 16(e), added to the Fair Labor Standards Act of 1938, 
    as amended, by the Fair Labor Standards Amendments of 1974, and as 
    further amended by the Fair Labor Standards Amendments of 1989, the 
    Omnibus Budget Reconciliation Act of 1990, and the Compactors and 
    Balers Safety Standards Modernization Act of 1996, provides that--
        (1) Any person who violates the provisions of section 12 relating 
    to child labor, section 13(c)(5), or any regulation issued under those 
    sections shall be subject to a civil penalty of not to exceed $10,000 
    for each employee who was the subject of such a violation.
    * * * * *
        (6) Except for civil money penalties collected for violations of 
    sections 12 and 13(c)(5), sums collected as penalties pursuant to this 
    section shall be applied toward reimbursement of the costs of 
    determining the violations and assessing and collecting such penalties 
    in accordance with the provision of section 2 of an Act entitled ``An 
    Act to authorize the Department of Labor to make special statistical 
    studies upon payment of the cost thereof, and for other purposes'' (29 
    U.S.C. 9a).
    * * * * *
        (b) This part explains our procedures for issuing a notice of civil 
    penalty to an employer that has violated section 12 or section 13(c)(5) 
    of the Act, or any regulation issued under those sections; describes 
    the types of violations for which we may impose a penalty and the 
    factors we will consider in assessing the amount of the penalty; 
    outlines the procedure for a person charged with violations to file an 
    exception to the determination that the violations occurred; and 
    summarizes the methods we will follow for collecting and recovering the 
    penalty.
        14. In Sec. 579.5, the section heading and paragraph (a) are 
    proposed to be revised to read as follows:
    
    
    Sec. 579.5  How is the amount of the penalty determined and how is the 
    penalty assessed?
    
        (a) The administrative determination of the amount of the civil 
    penalty, not to exceed $10,000 for each employee who was the subject of 
    a violation of section 12 or section 13(c)(5) of the Act, or of any 
    regulation issued under those sections, shall be based on the available 
    evidence of the violation or violations and shall take into 
    consideration the size of the business of the person charged and the 
    gravity of the violation as provided in paragraphs (b) through (d) of 
    this section.
    
    
    Sec. 579.9  [Removed]
    
        15. Section 579.9 is proposed to be removed.
    
    [FR Doc. 99-30776 Filed 11-29-99; 8:45 am]
    BILLING CODE 4510-27-P
    
    
    

Document Information

Published:
11/30/1999
Department:
Employment Standards Administration
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking and request for comments.
Document Number:
99-30776
Dates:
Comments are due on or before January 31, 2000.
Pages:
67130-67145 (16 pages)
RINs:
1215-AA09: Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H)
RIN Links:
https://www.federalregister.gov/regulations/1215-AA09/child-labor-regulations-orders-and-statements-of-interpretation-esa-w-h-
PDF File:
99-30776.pdf
CFR: (9)
29 CFR 570.6
29 CFR 570.34
29 CFR 570.51
29 CFR 570.52
29 CFR 570.63
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