Page:United States Statutes at Large Volume 110 Part 2.djvu/761

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PUBLIC LAW 104-174—AUG. 6, 1996 110 STAT. 1553 Public Law 104-174 104th Congress An Act To authorize minors who are under the child labor provisions of the Fair Labor Standards Act of 1938 and who are under 18 years of age to load materials Aug. 6, 1996 into balers and compactors that meet appropriate American National Standards FH R 11141 Institute design safety standards. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORITY FOR 16- AND 17-YEAR-OLDS TO LOAD MATE- RIALS INTO SCRAP PAPER BALERS AND PAPER BOX COMPACTORS. Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is amended by adding to the end thereof the following new paragraph: "(5)(A) In the administration and enforcement of the child labor provisions of this Act, employees who are 16 and 17 years of age shall be permitted to load materials into, but not operate or unload materials from, scrap paper balers and paper box compactors— "(i) that are safe for 16- and 17-year-old employees loading the scrap paper balers or paper box compactors; 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- or 17-yearold employees to load only if— "(i)(I) the scrap paper balers and paper box compactors meet the American National Standards 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