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Published: Nov 13, 2008 12:30 AM
Modified: Nov 13, 2008 05:29 AM
 

Child labor crackdown promised

Officials say fines must be tougher increased needed

Federal and state lawmakers said this week they will push to strengthen the government's power to keep youths out of dangerous jobs and punish employers who violate child labor laws.

In Washington, some members of Congress want to beef up child labor inspections. In Raleigh, some legislators -- along with the current and incoming governors -- said they will move to stiffen fines for violating child labor laws. The maximum penalty of $250 per violation in North Carolina hasn't changed in nearly three decades.

"The employment of underage workers in high-risk, physically dangerous jobs as uncovered by the Charlotte Observer is alarming," Governor-elect Beverly Perdue said. "The need is clear -- there must be tougher enforcement of our state's child labor laws and stiffer penalties for any business or industry caught breaking them."

Their comments came in response to Charlotte Observer stories this week showing that federal child labor enforcement has declined, despite new evidence that employers are ignoring the laws. As part of its investigation, the Observer interviewed more than 20 current and former House of Raeford Farms workers who said the poultry company often hired underage workers.

Gov. Mike Easley said he would instruct his staff to try to address the problems before he leaves office in January.

"It's hard to believe that's going on in this century and in this state," he said. "You're really talking about a form of child abuse here. We're not a state that wants children abused and endangered."

More inspectors

With a stronger majority in Congress and their party's candidate preparing to enter the White House, Democrats say they will soon find it easier to make federal workplace safety changes.

U.S. Rep. Lynn Woolsey, D- Calif., who heads the House Subcommittee on Workforce Protections, said she'll push to increase the number of inspectors who can investigate child labor complaints and update rules to keep juveniles out of hazardous jobs.

"Your story, I thought, was just heartbreaking," said Woolsey, who held a hearing in September about federal efforts to protect working children. "Nobody should face dangerous working conditions -- particularly our children. ...We have a great deal of work to do."

Federal child labor investigations have dropped by nearly half since fiscal year 2000.

Recent studies have found that a large percentage of young workers are taking on jobs deemed unsafe for people their age. On a typical day, more than 400 juveniles are hurt on the job.

Stiffer state fines

In North Carolina, state Senate leader Marc Basnight said he has directed his staff to work with the N.C. Department of Labor and the Attorney General to look at the issues the newspaper raised. He questioned whether the state's $250 fine was enough.

"You could be penalized more for throwing trash out the window than you could for abusing the laws that are in place as it pertains ... to kids and young folks," he said. "And that should not be."

State Rep. Paul Luebke, a Durham Democrat, called for stiffer penalties and oversight of the Department of Labor, headed by Commissioner Cherie Berry, a Republican.

"This could require some legislation if she doesn't do more on her own," said Luebke, who heads the House Finance Committee.

Berry said it's up to the General Assembly to amend child labor laws, but she's willing to work with legislators.

Berry, recently elected to her third term, said her department has limited authority to investigate large employers for child labor violations, and said that parents have the "ultimate responsibility" to determine what type of work their children do.

Federal child labor law covers large employers. Most states, including North Carolina, have their own laws to cover smaller employers.

The N.C. Labor Department has 14 field investigators who spend most of their time examining complaints about wages and overtime, but also investigate child labor violations.

The U.S. Labor Department has 750 investigators who look into both kinds of complaints. The number of investigators has declined more than 20 percent since 2001, Woolsey noted.

U.S. Rep. Joe Wilson of South Carolina, the ranking Republican on the work force protections subcommittee, said he's not sure the labor department needs additional inspectors because advances in technology should make age verification easier.

But he agreed that stiffer penalties are needed.

Under federal law, the maximum penalty for most child labor violations is $11,000, but in 2006, the average penalty was less than $1,000.

"With child labor, you're really stunting a child's ability to fully perform in American society," Wilson said. "They need to be in school, they need to be given assistance to reach their highest level ... and then go to work."

Next year President-elect Barack Obama will appoint a labor secretary, who some workplace safety experts hope will push the department to take a firmer hand in enforcement.

Once every 10 days, on average, a worker under the age of 18 is killed. Although agricultural work accounts for most workplace deaths among children younger than 15, child labor rules are looser in agriculture than for other U.S. employers.

One federal bill likely to be considered next year would raise protections for young farm workers to the same level as youths working in other industries.

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YOUNG AND AT WORK

Federal and state laws prohibit anyone under 18 from working in jobs deemed hazardous, including poultry processing. But three young workers told the Charlotte Observer they were under 18 when they held jobs at House of Raeford plants requiring them to make thousands of cuts a day with sharp knives.

The U.S. Labor Department is investigating possible child labor violations at the company's Greenville, S.C. plant after a federal immigration raid uncovered more than 330 workers suspected of being in the country illegally -- including six juveniles. House of Raeford has said it follows the law, requiring job applicants to show documentation that they are at least 18. The company said some applicants are dishonest about their age.

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