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H.R. 9347IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 101 · H.R. 9347

Definition of oppressive child labor; hazardous occupations

Title I — Strengthening protections against child labor violations under the Fair Labor Standards Act of 1938

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(a) Oppressive child labor Subsection (l) of section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended to read as follows: (l) (1) Oppressive child labor means a condition of employment under which— (A) any employee under 18 years of age is employed in— (i) manufacturing; (ii) mining; (iii) trenching or excavation; (iv) meat processing; (v) demolition; or (vi) explosives; (B) any employee under 18 years of age is employed by an employer in an occupation, or in or around a place of work, that the Secretary shall find and by order declare to pose a danger or risk of injury or to be detrimental to the health, safety, or well-being of children under 18 years of age; (C) any employee who is 14 or 15 years of age is employed by an employer (other than a parent or a person standing in place of a parent employing his or her own child or a child in his or her custody)— (i) in an occupation, or in or around a place of work, that the Secretary shall find and by order declare to pose a danger or risk of injury or to be detrimental to the health, safety, or well-being of children who are such ages; or (ii) in such employment that is not confined to periods that will not interfere with their schooling and to conditions that will not interfere with their health, safety, or well-being; or (D) any employee is under 14 years of age employed by an employer (other than a parent or a person standing in place of a parent employing his or her own child or a child in his or her custody). (2) For purposes of paragraph (1)— (A) the term occupation means work performed by a person, including all jobs, duties, tasks, and tools or equipment typically utilized in that work; and (B) the term place of work means the entire worksite, including any facility, factory, plant, grounds, campus, site, or physical location (whether fixed or mobile) where the work is performed.. (b) Hazardous occupations and places of work Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following: (e) Hazardous occupations and places of work (1) In general Not later than 180 days after the date of enactment of the Children Harmed In Life-threatening or Dangerous Labor Act, the Secretary shall issue— (A) regulations with respect to occupations in the industries described in subparagraph (A) of section 3(l)(1); (B) regulations and orders with respect to occupations and places of work covered under subparagraph (B) of such section; (C) regulations and orders with respect to occupations and places of work covered under subparagraph (C)(i) of such section; and (D) regulations with respect to occupations covered under section 13(c)(2) as particularly hazardous for the employment of children below the age of 16. (2) Updates Not less than every 5 years, the Secretary shall— (A) review all regulations and orders issued under paragraph (1) to determine whether such regulations and orders need to be revised, which revisions may include updating such regulations or orders to include additional occupations or places of work, as applicable; and (B) revise any such regulations or orders the Secretary so determines need to be revised..

Sec. 101: Definition of oppressive child labor; hazardous occupations · Public Law Tracker