Duane A. Lienemann,UNL Extension Educator,
Webster County
December 8, 2011 Edition I decided that we need to revisit a topic that has over the last couple of weeks taken on a life of its own. The Department of Labor (DOL) has proposed new child labor regulations applicable to agriculture. What is really troubling that this is being done without going through the legislative process and Congressional oversight. I, of course, believe in supporting safety in agriculture and especially for our youth but sometimes things go a little too far. In their defense, the DOL says that children working in agriculture are some of the most vulnerable workers in America. I understand that we do work in a dangerous occupation. It has always been, but it also one of the most satisfying and rewarding. The people who are involved know those risks, and are willing to take them on, as well as the responsibility of the safety of their own kids.
I believe that the new changes of regulations under the child labor laws proposed in Washington could have a major impact on family farms at home. In my opinion if the proposed child labor law changes go into effect, the lives of many aspiring farmers may never be the same. The proposals have several stipulations that prohibit individuals under 16 from being hired to work with animals including the following: Working on a farm in a yard, pen, or stall occupied by an intact (not castrated) male equine, porcine, bovine, or bison older than six months, a sow with suckling pigs, or cow with new born calf (with umbilical cord present); Engaging or assisting in animal husbandry practices that inflict pain upon the animal and/or are likely to result in unpredictable animal behavior such as, but not limited to, branding, breeding, dehorning, vaccinating, castrating, and treating sick or injured animals; Handling animals with known dangerous behaviors; Poultry catching or cooping in preparation for slaughter or market; Herding animals in confined spaces such as feed lots or corrals, or on horseback, or using motorized vehicles such as trucks or all terrain vehicles. They would also not be able to have any electronic devices while at work. That would as I understand it include cell phones, and music players.
Other revisions would prohibit teens under 16 from working in places six feet above the ground such as hay lofts in barns, grain elevators or scaffolds. They also wouldn't be able to operate power driven machines, with a few exceptions and around anything with hoists. On top of that, anyone under 18 years old would not be allowed to work at places like feed lots, livestock auctions or stock yards. These new regulations would not allow young people under 16 to work in “arduous” conditions and would limit the amount of time spent under the sun, which would certainly include corn detasseling. It could eliminate detasseling jobs for kids under 16. Current laws allow kids as young as 12 to work as corn detasselers in this state. It affects thousands of young people who depend on this summer job to help their families, pay for the things that they want as young adults and more importantly for their college education. I have never heard kids complain and there certainly is no shortage of kids wanting these jobs. Think about the sale barns and detasseling and what they mean to our area.
These proposals will also have a significant negative impact on the agricultural education programs in high schools. Many high schools that have ag departments have programs like Supervised Agricultural Experience programs where students work for money on farms or ranches getting hands on experience for class credit and for income to help put them in college. Many of the "student-learner exemptions" will be taken away in the new revisions. The proposal does not give any exemption (that I know of) to organizations like FFA and 4-H. Some animal projects, as well as other projects in these clubs would literally become illegal. I see these rule changes as a huge affront on the agricultural youth of this nation.
It's going to drastically impact all of us in agriculture. It is important to remember that kids working in agriculture learn to be hard working and responsible. That is where we get that Nebraska work ethic. They also learn to be passionate about what they're doing, and they learn about an industry that truly drives our country and our world. Children working on their parent’s or guardian's farm (if it is not under a corporation, LLC or partnership) would be exempt from these rules, but these rules would apply if they were helping a neighbor or other relative. Sometimes it's the grandparents that own the farm, and the grandkids are coming out and helping on the farm. It affects all sorts of family members that get together on the farm. It's not just the kids and their parents working out there, it is cousins, neighbors and friends. The grandparents, or aunt and uncle, and even the neighbor cannot be a supervisor. And in our world, that still works the best. In the Department of Labor world the “actual biological parent” is the only one that can supervise the children. That troubles me because it takes one of the mainstays of farming education away, the contact with other family members, especially grandparents.
I believe that it should be up to the farmer or organization that is working on the farm to decide who can and can't take part in farm chores. Safety procedures are always stressed on the farm, and accidents can happen to anyone at any age. You can't really make an across-the-board generalization on everything. You cannot legislate safety! It is an educational process, best learned “hands-on”! In the end, it is really about teaching kids the common sense they will use for years to come. It would really affect the livelihood of the farm and the people living on the farm as well as mess with our traditions! Here is the real kicker, if the regulations go into effect, farmers could be fined up to $11,000 if they are found in violation!
The public comment time ended last week, but I do suggest that you call your senator and/or representative about your concerns on this topic and support any efforts they may put forward to curtail this ill-conceived change in regulations!
The preceding information comes from the research and personal observations of the writer which may or may not reflect the views of UNL or UNL Extension. For more further information on these or other topics contact D. A. Lienemann, UNL Extension Educator for WebsterCounty in Red Cloud, (402) 746-3417 or email to: dlienemann2@unl.edu or go to the !website at: http://www.webster.unl.edu/me
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