Thursday, January 19, 2012

New Labor Laws Anger Michigan Farmers

First appeared in Up North Live
The Michigan Farm Bureau and its members are worried about new rules the U.S. Labor department is considering on children working in agriculture. A Raleigh Employment Attorney has been following the story closely.

The new rules would  would prohibit most children under age 16 from driving tractors, using power equipment, working with livestock in certain circumstances and doing work at heights over 6 feet. A Memphis Employment Lawyer sees these changes having impact.

At the bureau's annual meeting this week in Grand Rapids the organization collected 488 comments and signatures from farmers opposing the new rule proposal and submitted them to the Department of Labor.
Farm Bureau members also adopted policy denouncing " all efforts by the DOL to restrict the ability of young workers to obtain appropriate employment in agriculture if they desire to work."

Federal officials say the rules are needed because farming is one of the nation's most dangerous occupations, but many farmers say children learn important life lessons and might develop an interest in agriculture by working on farms or ranches. A Denver Employment Lawyer is interested in this argument.

Michael Hancock, the assistant administrator for policy at the Labor Department's Wage and Hour Division, said the rules covering child farm workers haven't been updated in more than 40 years and that changes are needed to address the dangers of working with tractors and other large farm machines, and large Ag Tires.
Farming, he said, is "the single-most hazardous occupation, as measured by fatalities, for children."

Nearly 29 out of every 100,000 farm workers in the U.S. die on the job, according to the National Safety Council. Among workers ages 15 to 24, the rate is about 21 deaths per 100,000 workers. Statistics for workers younger than 15 aren't available because there isn't enough data on them.

Hancock compared the proposed rules, which mostly apply to farm employees between the ages of 12 and 16, to those prohibiting a teenager from operating a meat slicer in a restaurant or a cardboard compactor in a grocery store.  A Raleigh Employment Lawyer thinks about that argument.

"Farm Bureau takes the safety of all agricultural employees, particularly youth, very seriously," said Sarah Black, director of the MFB Public Policy and Commodity Division.

"In fact, the Michigan Farm Bureau has a department devoted to agricultural labor and safety services and we firmly believe safety precautions have a place and purpose on farms.

The proposed DOL rule, however goes too far and we worry that the changes could jeopardize opportunities for youth to gain valuable work experience on Michigan Farms."

"There's any number of things kids can do on a farm that will be totally unaffected by these regulations," Hancock said. For instance, he said, they can still detassle corn, haul hay and feed cattle.

Hancock also said he supports the proposed exemptions in the rules for children working on their parents' farms or on farms where a parent is a main operator.

"If the parents are responsible for what goes on on that farm, they're uniquely able to judge those risks," Hancock said.

Agricultural groups say the parental exemption raises a lot of questions because many farms or ranches today are technically owned by limited liability corporations or other entities even if they are run by families.
They say the proposed rules simply aren't clear about how they would apply to various ownership structures. A Boston Employment Lawyer is also thinking about these things.

The Labor Department can only regulate employer-employee relationships, so Hancock said the proposed rules shouldn't affect 4-H, Future Farmers of America or other educational programs. And, they may not keep children from helping on their grandparents' or uncle's farms if they aren't paid.

"I think there is a clear path forward for kids who want to pursue agriculture as a career," Hancock said.

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