oversight

Child Labor: Increases in Detected Child Labor Violations Throughout the United States

Published by the Government Accountability Office on 1990-04-30.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

                                                                                                                          .A
                                            _...I’nitcd    States       General   Accounting   office
         I


                 _ __.-- -.--.---.                                                                 --.   .--__        I
                                               Rep xt. t.c) the Honorable
GiO                                            Don *J. Pease, House of Representatives


                                                          . .---__-._   ---__--     -   ___-
April   1990
                                               CHILD LABOR
                                               Increases in
                                               Detected Child Labor
                                               Violations Throughout
                                               the United States




          _-__     .- ._.- ..-_ _.__-...-    -_.                                                                 --
GAO~,JHRD-~~-I       ici
                   united
                     states
GAO                General Accounting  Office
                   Washington, D.C. 20648

                   Human Resources        Division

                   B-239180
                   April 30, 1990
                   The Honorable Don J. Pease
                   Houseof Representatives
                   Dear Mr. Pease:
                   Becauseof your concern regarding illegal child labor in the United
                   States, you asked us to investigate the recent increase in child labor vio-
                   lations. In November 1989, we provided you somepreliminary national
                   information.’ In this report we provide national, regional, and state data
                   on child labor violations and on workplace fatalities, injuries, and ill-
                   nessessuffered by child workers. We also provide information concern-
                   ing the Department of Labor’s enforcement activities to limit child labor
                   violations.
                   We analyzed data from the Department of Labor on violations, penalties,
                   and enforcement resources,primarily for fiscal years 1983 through
                   1989. We also analyzed data from the Department of Labor on work-
                   related fatalities the Department investigated and data from state labor
                   departments on injuries and illnesses for 1987 and 1988. To determine
                   the processfor identifying and reporting child labor violations we inter-
                   viewed headquarters and regional Department of Labor officials.

                   Our analysis shows that since fiscal year 1983 there has been an overall
Results in Brief   increase in detected child labor violations nationwide-a trend that can
                   be seenin most regions and states. We could not determine the causesof
                   this increase nor could we identify any reliable statistics or estimates on
                   the number of work-related injuries and illnesses suffered by minors
                   nationwide or over time. However, about one-half of the states provided
                   data for workers under age 18 for 1988, and they reported at least
                   30,008 illnesses and iqjuries. The Department of Labor investigated at
                   least 29 work-related fatalities of minors in fiscal years 1987 and 1988.




                   1Wiiiam J. Gainer,Director of Educationand EmploymentIssues,“Sweatshops”and Child Labor
                   Violations: A Growing Problemin the United States,presentationbeforethe 1Capitol Hill Forumon the
                   Rxploltation of Children in the Workplace,November21,1989. In addition, with your agreement,we
                   provided summaryinformation on child labor violations in testimony beforethe Subcommitteeon
                   Employmentand Housing,HouseGovernmentOperationsCommittee.SeeChild Labor Violations and
                   Sweatshopsin the U.S.(GAO/T-HRD-90-18,Mar. 16,1990>.



                   P8ge 1                                      GAO/IiRDBM16      Inaease in Child Labor Violations
             Information in the inspection reports and review by Labor officials indi-
             cated that 11 of these casesinvolved both violations of safety and
             health standards and likely violations of child labor laws2

             The Department of Labor has about 1,000 compliance officers who
             enforce wage-related legislation. About five percent of the agency’s
             enforcement resourcesare devoted to child labor regulations. The law
             permits Labor to levy civil monetary penalties of up to $1,000 per viola-
             tion; however, Labor has acknowledged that such penalties have not
             been sufficient to deter violators. Labor has announced plans to increase
             penalties, and we believe doing so may help curtail violations. Addi-
             tional steps, including legislative action, may be necessaryif Labor’s
             changesfail to raise penalties sufficient to deter violators.

             The Fair Labor Standards Act (FL&Qis the primary federal law regulat-
Background   ing wages and working conditions of American workers, including chil-
             dren. The act sets minimum age standards for work (minimum age
             regulations), limits the hours and occupations in which youth aged 14
             and 16 can work (hours regulations), and restricts employment in spe-
             cific hazardous occupations for youth under age 18 (hazardous order
             regulations).

             The Wageand Hour Division (~HD), within Labor’s Employment Stan-
             dards Administration, is responsible for the administration and enforce-
             ment of M’S child labor standards. WHDhas fewer than 1,000
             compliance officers nationwide to enforce FBA, including its child labor
             provisions, and other wage-related statutes. In fiscal year 1989, ~HD
             inspected about 1.6 percent of all establishments Labor estimates as cov-
             ered by FUN.
             Since 1974, FLM has permitted Labor to assessa civil monetary penalty
             for each violation of federal child labor laws. Although the penalty can
             be as high as $1,000, the act also requires Labor to consider factors such
             as the size of the businesscharged with the violation and the gravity of
             the violation when determining the penalty amount.

             Workers, including child workers, also receive workplace protection
             from Labor’s Occupational Safety and Health Administration (OSHA),


             ‘The 29 casea include fataiitiea investiepted by stateoperated safety and health programs that are
             approvedandmonitmedbytheDqmmentofLabor.



             P8ge 2                                       GA0/HpDQo116       hcreue    in Child Labor Vlokiom


-.
                                E333130




                                which establishes mandatory safety and health standards for employ-
                                ers, investigates workplace fatalities, and enforces compliance with
                                those standards through inspections and penalties for violations. States
                                also protect employed children through their own enforcement of state
                                child labor laws.

                       The Department of Labor detected about 22,600 illegally employed
More Illegally         minors in fiscal year 1989, up from over 9,200 in fiscal year 1983 (seep.
Employed Minors        16). Somereasonsthat Labor officials gave for the increase include (1)
Detected in Most       low unemployment rates, which have led to a shortage of adult workers
                       in some areaq3and (2) Labor’s increased emphasis on child labor issues.
States and Regions     We were unable to determine the extent to which these or other factors
Since Fiscal Year 1983 have contributed to the growth of detected child labor violations (seep.
                                23).
                                The number of minors found to be working illegally in fiscal year 1989
                                was higher than in fiscal year 1983 in all 10 Labor regions and in 42
                                states.*(Seep. 17.) However, somestates and regions have experienced
                                significant annual fluctuations in the number of detections. Regional
                                Labor officials explained that these are likely causedby the occurrence
                                of several very large casesin somestates during a particular year and
                                by variations in the regions in enforcement emphasis (seep. 18).
                                Nationwide, Labor detects most illegally employed minors in the retail
                                and service industries, and, in particular, in restaurants and grocery
                                stores. The data on most regions and states illustrate a similar concen-
                                tration of illegally employed minors in retail trade industries. The per-
                                centageof illegally employed minors in retail trade industries ranged
                                from 46 to 92 percent among the 10 regions in fiscal year 1989 (seep.
                                21). In over 40 states, at least 46 percent of all illegally employed minors
                                worked in the retail trade industry in fiscal year 1989 (seep. 22).

                                Detected child labor violations have grown from about 10,000 in fiscal
                                year 1983 to nearly 25,000 in fiscal year 1989, an increase of almost 150




                                3ThenationaI totaI civilian unemploymentrate dechnedfrom 9.6 percentIn 1983to 5.3 percentin
                                1989.Somestates,such as Massachusetts,recordedeven lower rates,with the total civilian unem-
                                ployment rate falling to 3.2 percentIn 1987beforerising to 4.0 percentin 1989.
                                *The Departmentof Labor divides the United Statesinto 10 regional areas(seefig. 1.1).



                                P8ge 3                                      GA0/IiBD60.116     Inermae in Child Labor Violationa
                     B239199




                     percent.” The increase in violations has occurred in all types of child
                     labor standards: hours, minimum age, and hazardous order restrictions.
                     The number of work-hour violations in fiscal year 1989 was three times
                     what it had been in fiscal year 1983 (over 15,000 compared with about
                     5,000), and the number of minimum age and hazardous order violations
                     doubled. Again, with some fluctuation, this growth has occurred in all
                     Labor regions and in most states. (Seep. 22.)

                     No comprehensive national work-related injury and illness data for
Children Are Being   minors exist. However, available evidence suggeststhat children are fre-
Injured, Sometimes   quently the victims of injuries in the workplace. Data provided to us by
Fatally, at Work     26 states show that in 1988, children under age 18 suffered over 31,500
                     work-related injuries and illnesses (seep. 25). (States differ in their defi-
                     nition of a reportable injury or illness.)
                     Our review of 29 child fatality casesinspected by OSHAin fiscal years
                     1987 and 1988 identified 11 casesthat Labor officials said probably
                     involved child labor violations and violations of health or safety stan-
                     dards. The fatalities in these 11 casesoccurred in activities covered by
                     agricultural and nonagricultural hazardous orders, such as roofing,
                     excavating, and using power-driven hoisting equipment and woodwork-
                     ing machinery, and minimum age standards. (Seep. 26.) We were only
                     able to confirm that 4 of the 11 caseswere referred by OSHAto state
                     labor departments or WHD for action on child labor violations (see pp.
                     28-29).




Labor Laws           with regard to referrals, and (2) increased penalties sufficient to deter
                     violations. Enforcement efforts might be improved by a greater empha-
                     sis on exchanging information about employers violating different agen-
                     cies’ laws. For example, OSHAcould refer casesinvolving potential child
                     labor violations to WHD or state labor departments, as it did in some,but
                     not all, of the fatality investigations we reviewed.
                     5Thenumberof detectedviolations is slightly greaterthan the numberof illegally employedminors
                     becausea minor may be employedin violation of morethan one child labor standard.In fiscal year
                     1989,there were 1.1violations per illegally employedminor.
                     “U.S.GeneralAccountingOffice, “Sweatsho ” in the U.S.: inions on Their Extent and Possible
                     l$&-~t10p~;(GAO/HR6                           30 19S$and “Sweathops” in New York City: A
                               p e o a ationwide Problem(GA@kD&-IOlBR,         June 8,1989).



                     Pyle 4                                     GA0/IiRD99.116 ln-         in Child Labor Violationsi
                 B-239180




                 Labor has recently taken somesteps in this direction. In April 1990,
                 OSHA and the  Employment Standards Administration signed a memoran-
                 dum of understanding increasing interagency cooperation and facilitat-
                 ing the cross-referral of violations between CBHAinspectors and
                 Employment Standards Administration compliance officers.

                 We have also recommendedthat the Congressamend the Fair Labor
                 Standards Act to provide penalties that are sufficient to deter violations
                 of minimum wage, overtime, and recording requirements, for which in
                 most casesthere are no civil monetary penalties7 We believe that penal-
                 ties should also be sufficiently large to deter child labor violations.

                 Although there are specified penalties for child labor violations, the
                 maximum penalty of $1,000 has not been changed since 1974. Because
                 of inflation, a maximum $1,000 penalty in 1989 is worth only $428 in
                 1974 dollars (seep. 26). Moreover, in many cases,the penalty assessed
                 is far less than $1,000 and is further reduced through negotiations and
                 employer appeals to administrative law judges (seep. 26.)

                 Labor has acknowledged that the existing penalty structure has been
                 inadequate to deter child labor law violators, and announced on Febru-
                 ary 7, 1990, a new program of increased fines that it believes will better
                 deter child labor violations (seep. 28). The administrative change allows
                 the assessedpenalty to be as high as $1,000 per violation rather than
                 capping the amount at $1,000 per child as Labor had done in the past.
                 However, given that the number of violations is only slightly larger than
                 the number of illegally employed minors, this change alone will not sig-
                 nificantly increase the total penalties assessed(seep. 28). Labor also
                 announced that it will consider other changes,such as assessinga larger
                 penalty if the employer is a repeat offender of FBA’Schild labor provi-
                 sions, but it has not yet implemented these additional changes.

                 We believe that the increased interagency cooperation reflected in the
    Conclusion   new memorandum of understanding between OSHAand the Employment
                 Standards Administration should contribute to increased protection for
                 children who work. We agree with Labor that penalties that have been
                 assessedfor child labor violators have not been sufficient to deter viola-
                 tors. It remains to be seenwhether Labor’s increased penalties will pro-
                 vide sufficient deterrence for violators.

                 7ChangesNeededto DeterViolations of the Fair Labor StandardsAct (GAO/HRDSlBO, May 29,
                 1~w


                 Page s                                  GAO/JXRDWll6    Immaoe in Child Labor Violations



-
                 If Labor’s administrative actions do not result in penalties sufficient to
 Matter for      deter child labor violations, the Congressmay wish to consider legisla-
 Consideration   tive changesto set higher penalties (seep. 29).

                 As discussedwith your staff, we did not obtain written agency com-
                 ments on this report. We did, however, discuss its contents with WHD and
                 OSHA officials and incorporated their suggestionswhere appropriate, As
                 arranged with your office, we plan no further distribution of this report
                 until 15 days after its issue date. At that time, we will send copies to the
                 Secretary of Labor and other interested parties. If you have any ques-
                 tions concerning this report please call me at (202) 275-1793.Other
                 major contributors to this report are listed in appendix X.

                 Sincerely yours,




                 Franklin Frazier
                 Director, Education
                   and Employment Issues




                 P8ge 6                             GAO/ERD40416   Inseam   in Child L&or Viobtbna



-..
        P8ge 7   GA0/liRDs@116   In-   in Child Labor Violations



---..                                                              --.
Contents


Letter
Appendix I                                                                                                12
Child Labor: Increases   Background                                                                       12
                         Objectives, Scope,and Methodology                                                14
in Detected Child        Increase in the Detected Illegal Employment of Children                          16
Labor Violations         Most Illegally Employed Minors Found in Retail Trade                             20
                              Industries
Throughout the           Increase in All Types of Violations                                              22
United States            Reasonsfor the Increase in Violations                                            23
                         Injuries, Illnesses, and Fatalities Sustained by Children at                     24
                              Work
                         Penalties May Be Inadequate to Deter Violations                                  26
                         Options to Improve Enforcement of Child Labor Laws                               28
                         Conclusion                                                                       29
                         Matter for Consideration by the Congress                                         29

Appendix II
Hazardous
Occupations Orders in
Nonagricultural
Occupations
Appendix III
Detected Illegally
Employed Minors, by
State and Region
(Fiscal Years 1983-89)
Appendix IV
Detected Illegally
Employed Minors in
Fiscal Year 1989, by
Industry, for All
States and Regions

                         P8ge 8                            GAO/liBD9&116   Increase in Child Labor Violations
                           Contents




Appendix V                                                                                        36
State and Regional
Trends in Types of
Violations (Fiscal
Years 1983-89)
Appendix VI                                                                                        42
Differences Among
States in Definitions of
Injuries and Illnesses
Appendix VII                                                                                       43
State Injury and
Illness Data                                                                                      -

Appendix VIII                                                                                      45
                           Case 1. Jefferson, Alabama-Wrecking and Demolition                      45
Detailed Data on the          Work (Standard Industrial Code-1795)
11 OSHA Fatality           Case2. Juneau, Alaska-Lumber and Wood Products                             46
CasesThat Involved            (Standard Industrial Code-2441)
                                                                                                      47
                           Case3. Los Angeles, California-Business Services/
an Apparent Federal           Janitorial Services(Standard Industrial Code-7349)
Child Labor Violation      Case4. Atlanta, Georgia-Landscape and Horticultural                        47
                              Services(Standard Industrial Code-0783)
                           Case5. Indianapolis, Indiana-Heavy Construction                            48
                              (Standard Industrial Code-1623)
                           Case6. Nye, Nevada-Administration of Social and Other                      48
                               Programs (Standard Industrial Code-9441)
                           Case7. Clifton, Virginia-Construction General                              49
                               Contractor (Standard Industrial Code-1621)
                           Case8. Santa Ana, California-Direct Mail Advertising                       50
                               (Standard Industrial Code-7331)
                           Case9. Woodstock, Georgia-Heavy Construction                               50
                               (Standard Industrial Code-1623)
                           Case 10. Hallowell, Maine--Fuel Dealers                                    51
                               (Standard Industrial Code-5989)



                            Page 9                       GAO/HRlb9@1l6 In-   in Child Labor Violations



                                                                                                           --.
                        contenta




                        Case11. Scurry, Texas-Oil and GasField Services                             51
                           (Standard Industrial Code-1389)

Appendix IX                                                                                         52
Data Points for
Figures I.1
Through I.7
Appendix X                                                                                           66
Major Contributors to
This Report
Related GAO Products                                                                                 60

Tables                  Table I. 1: Hours Expended Nationwide by WHD on Labor                        14
                            Enforcement Activities
                        Table 1.2:Work-Related Injuries to Youth as Reported by                      25
                            34 States, 1987-88
                        Table 1.3:Child Labor Civil Monetary Penalty                                 27
                            Assessmentsby WHD (Fiscal Years 1983-89)
                        Table V.l: Violations of Hours Standard                                      36
                        Table V.2: Violations of Age Standard                                        38
                        Table V.3: Violations of Hazardous Orders                                    40
                        Table IX. 1: Data for Figure I. 1                                            52
                        Table M.2: Data for Figure I.2                                               52
                        Table IX.3: Data for Figure I.3                                              53
                        Table IX.4: Data for Figure I.4                                              63
                        Table IX.5: Data for Figure I.5                                              54
                        Table IX.6: Data for Figure I.6                                              54
                        Table IX.7: Data for Figure I.7                                              56

Figures                 Figure I. 1: Federally Detected Illegally Employed Minors                    16
                            (Fiscal Years 1977-89)
                        Figure 1.2:Detected Illegally Employed Minors, by Region                     17
                            (Fiscal Years 1983-89)
                        Figure 1.3:Detected Illegally Employed Minors, Labor                         18
                            RegionsI Through HI (Fiscal Years 1983-89)
                        Figure 1.4:Detected Illegally Employed Minors, Labor                         19
                            RegionsIV Through VI (Fiscal Years 1983-89)


                        P8ge 10                         GA0/mtD-6M16   Incn38se in Child Labor Viohthm
Contenta




Figure 1.5:Detected Illegally Employed Minors, Labor                          20
    RegionsVII Through X (Fiscal Years 1983-89)
Figure 1.6:Detected Illegally Employed Minors, by Major                       21
    Industry Group, for the United States
    (Fiscal Years 1983439)
Figure 1.7:Detected Federal Child Labor Violations, by                        23
    Type, for the United States (Fiscal Years 1983439)




Abbreviations

           Fair Labor Standards Act
           Occupational Safety and Health Administration
           Wageand Hour Division


-11                              GAO/ElDWll6   Iucn?aae ln Child Labor Violations
Appendix I

Child Labor: Increasesin DetectedChild Labor
Violations Throughout the United States

               The Fair Labor Standards Act (FLSA)is the primary federal law regulat-
Background     ing the wages and working conditions of child workers. The act gives the
               Department of Labor the authority to regulate child labor in the areas of
               minimum age of employment, hours of work, and hazardous
               occupations.
               In nonagricultural industries, the act generally sets a basic minimum
               working age of 16, although 14- and 15-year-old children may work in
               specified occupations in retail, food service, and certain other industries.
               The act limits the number of hours and times that 14- and 15-year-old
               children may work in these occupations. They are allowed to work only
               outside school hours and no more than 3 hours a day during a school
               day and 18 hours in a school week. During periods of the year when
               there is no school, 14- and 15-year-old youth may work up to 8 hours a
               day and 40 hours per week. They may work no earlier than 7 a.m. and
               no later than 7 p.m., except from June 1 through Labor Day, when eve-
               ning hours are extended to 9 p.m.
               In agriculture, the basic minimum working age is also 16, although the
               law permits, under certain conditions, employment of children as young
               as 10 years of age.*In addition, the law does not limit the number of
               hours children engagedin agricultural employment can work outside of
               school hours.
               The act sets a higher minimum age for children working in occupations
               determined to be particularly hazardous. Under this authority, Labor
               has issued hazardous occupations orders in 17 nonagricultural occupa-
               tion and industry areas (seeapp. II). These orders prohibit children
               under the age of 18 from working in certain occupations and industries.
               For example, youth under age 18 cannot be employed to operate meat-
               slicing machines or drive delivery vehicles on a regular basis. In agricul-
               ture, certain activities, such as operating corn pickers, are prohibited for
               children under age 16.2
               Employers found in violation of any of these provisions are subject to
               civil monetary penalties of up to $1,000 for each violation. In cases


               ‘For example,children as young as 10 and 11may work outsideof schoolhours to hand harvest
               certain cropsat their permanentresidencefor up to 8 weeksin any calendaryear. The Secretaryof
               Labor must approveapplications for suchemployment.
               ‘In both agriculture and nonagricultural indmtries, children may be exemptedfrom theseordersfor
               specifiedreasons,such as to participate in an apprenticmhip or other training program.



               P*ge 12                                    GAO/EItDWll6       Incream in Child hbor Violations
Appendix I
Child Labor Increases &I Detected Child
Labor Violations Tluoughout the
united states




where Labor has determined that a violation is willful, the act also pro-
vides for a fine of up to $10,000. For a secondwillful violation, the act
provides for a fine of up to $10,000, imprisonment for up to 6 months,
or both.
The Wageand Hour Division (WHD), a unit of Labor’s Employment Stan-
dards Administration, is responsible for the administration and enforce-
ment of federal child labor standards. WHD compliance officers
investigate child labor violations as part of their investigations for com-
pliance with other FISAprovisions, such as minimum wage and overtime
standards. In addition, WHD compliance officers investigate suspected
child labor violations in responseto complaints or referrals from sources
such as newspapers, schools,or state agencies.
Labor is only able to inspect a fraction of the workplaces covered by
FMAin any particular year. For example, in fiscal year 1989, WHD'S
nearly 1,000 compliance officers made 39,986 on-site FLSAinvestiga-
tions, representing 1.5 percent of the 2.6 million businessestablishments
Labor estimates as subject to FISA.According to data WHD gave us, the
reported number of hours spent in investigating child labor violations
has remained less than 5 percent of the overall hours spent on enforce-
ment during fiscal years 1983 through 1989. WHD'S data show the hours
that compliance officers devoted to enforcement of child labor laws was
3.9 percent of their total enforcement hours in fiscal year 1983, and 4.9
percent in fiscal year 1989. The amount of enforcement time compliance
officers spent on child labor law enforcement during fiscal years 1983
through 1989 is shown in table I. 1.

In correspondenceto GAO, the Assistant Secretary of Labor for Employ-
ment Standards concluded that this analysis underestimates the amount
of effort put into the Employment Standards Administration’s overall
child labor enforcement program. The Secretary believes that compli-
ance officers usually do not record the time they spend looking for child
labor violations if they do not find apparent violations during an FBA
investigation for minimum wage or overtime violations, In fiscal year
1989, compliance officers recorded hours spent on child labor enforce-
ment in 13,719 casesor about 34 percent of all cases.However, the Sec-
retary contends that compliance officers routinely check for child labor
violations on all FUA investigations although they do not record such
activity. In addition, Labor notes that 3,271 of the 39,986 on-site FUA
investigations (about 8 percent) in fiscal year 1989 were child labor
investigations, which accounted for all of the detected illegally
employed minors.


Page 13                                   GAO/ERD3O-116 Incmase in Child Labor Violations



                                                                                            -
                                         Appendix     I
                                         Child I&cm hmtues        inDetectedChild
                                         Labor violations   Throughout    the
                                         united states




Tabk 1.1: Hours ExPended Nationwide by   - .-,_.
                                              -. ,_
WHO on Labor Enforcement Activities                                                     Total   Total chili labor      Percen       dthe
                                                                                enforcement        enforcement        spent onT c ild labor
                                         Fiscal year                                   hOWS                 hours            enforcement
                                         1983                                       1,195,004             46,327                            3.9
                                         1984                                       1.231.648             43,572                            3.5
                                         1985                                       112651264             48:177                            3.8
                                         1986                                       1,311,985             46,933                            3.6
                                         1987                                       1.191.858             58.972                            4.9
                                         1988                                       1,286,188             591907                            4.7
                                         1989                                       1,252,729             61,687                            4.9
                                         Total                                      8,724,676            365,575                            4.2


                                         Although we have not attempted to assesswhether the level of enforce-
                                         ment effort is adequate to addressthe child labor violation problem,
                                         recent actions by Labor demonstrate the difference in the number of
                                         violations that can be found with increased enforcement activity. During
                                         a 3-day period in March 1990, approximately 600 IVHDfederal investiga-
                                         tors participated in Operation Child Watch, an effort Labor described as
                                         a crack down on child labor violations. As of April 3,1990, Labor
                                         reported that the effort resulted in the identification of 11,000 illegally
                                         employed minors, about one-half the number detected in all of fiscal
                                         year 1989.
                                         Children also receive workplace protection from Labor’s Occupational
                                         Safety and Health Administration (0s~~). OSHAenforces employer com-
                                         pliance with mandatory safety and health standards through workplace
                                         inspections by its compliance officers in 28 states and through inspec-
                                         tions conducted by 22 state-operated safety and health programs, which
                                         @HAapproves and monitors. OSHAcompliance officers investigate sus-
                                         pected violations in responseto complaints and referrals, target particu-
                                         lar high-risk workplaces and assesspenalties for violations. States also
                                         protect employed children through enforcement of their own state child
                                         labor laws.

                                         Cur objective in this review was to develop information on the extent of
Objectives, Scope,and                    child labor violations in the United States. Basedon discussionswith
Methodology                              staff from Representative Pease’soffice, we agreed to provide informa-
                                         tion on (1) trends in detected child labor violations, (2) data on injuries
                                         and fatalities sustained by children at work, and (3) Labor’s enforce-
                                         ment of child labor provisions of FL&.



                                         Page 14                                        GAO/HRDB&ll6     In-        in Child IAmr   Violations


                                                                                                                                                  --.
bpendix 1
Child-=       Increuea inDet.ectedCMld
Labor Violations Thmughout the
united states




To provide a nationwide perspective on trends in detected violations
and children illegally employed, we obtained and analyzed Wageand
Hour ManagementInformation System data from the Department of
Labor for fiscal years 1983 through 1989. We limited our review to
these years becausea previous GAO report focused on the increase in
detected violations in one federal region in fiscal years 1983 through
1987.3To be consistent with this earlier study, we used fiscal year 1983
as the base year for examining the nationwide increase in violations. In
addition, 1983 and 1984 provide appropriate baseline data becausethe
increase in violations began in 1986.

To determine the processfor identifying and reporting child labor viola-
tions, we interviewed officials at Labor headquarters in Washington,
D.C.; officials at three Labor regional offices--Boston, Chicago, and San
Francisco-and officials in ~HD’SSan Francisco and Sacramento area
offices. We also reviewed the Wageand Hour Division Field Operations
Handbook and the standard forms used in documenting investigations
and assessingpenalties against employers. Becauseof time constraints,
we did not verify the accuracy or completenessof Labor’s data on
detected child labor violations or civil monetary penalties assessed.
We obtained Labor officials’ comments on the reasonsfor the increase in
child labor violations and Labor’s enforcement efforts. In addition, we
interviewed Labor officials in the Bureau of Labor Statistics and 06~~
regarding the employment of children and work-related injuries and
fatalities sustained by youth under age 20.

To develop information on Labor’s enforcement efforts, we obtained and
analyzed various quarterly and annual reports on Labor’s allocation of
staff years for FUA enforcement, which includes child labor enforce-
ment activities. We also analyzed information provided by Labor on
child labor civil monetary penalties for fiscal years 1983 through 1989.
To determine the extent of work-related injuries and deaths sustained
by children, we obtained and analyzed data provided by states. We
requested statistics from all 60 states and the District of Columbia, and
we received data from 34 states for 1987 and 1988 for workers under
the age of 20. We also analyzed fatality casesinvestigated by OSHAin
fiscal years 1987 and 1988 where workers under age 18 were killed.


3TheFairLaborStandmb     Act: Enforcement of Child Labor Fmvisions in Massachusetts
(-64,             Apr. 28,lDtW.



Page 16                                    GAO/HUD40416      Inamse   in Child Labor Violations
                                                   Appendix I
                                                   ChiIdLaboc-           inDetectedchild
                                                   Labfm VioIatiom Tluoughout the
                                                   united states




                                                   Except with regard to verification of Labor’s data, our work was con-
                                                   ducted in accordancewith generally acceptedgovernment auditing stan-
                                                   dards from October 1989 through February 1990.

                                                   The number of children detected working in violation of federal child
Increase in the                                    labor laws increased from over 9,200 in fiscal year 1983 to about 22,500
Detected Illegal                                   in fiscal year 1989, an increaseof 145 percent. The fiscal year 1989 total
Employment of                                      is far above the 16,021 illegally employed minors detected in fiscal year
                                                   1977. (Seefig. 1.1).
Children

Figure 1.1: FodomIfy Detectd         lllega@y Employed   Mhors        (Fiscal Years 1977-69)

35ao        NlJmbsreflllsgsayPmplayodYnas



2oow

1m

15000

12800

loo00

 7sm

 so00

 2600

     0

     IS77          lS78       ten           lslw   1Ul           l#            1SU        lW4     lob        lI#       1917       lW#        loIs
     Real Year



                                                   Department of Labor statistics show that the problem of illegally
                                                   employed children affects all parts of the country. While some regions
                                                   detected more illegally employed children than others, for fiscal years
                                                   1983 through 1989, every Labor region identified at least 3,000 illegally
                                                   employed minors (see fig. 1.2).The number ranged from 3,063 in the
                                                   Seattle region (Region X) to nearly 19,000 in the Boston region (Region
                                                   I). As appendix III shows, the number of illegally employed minors more
                                                   than doubled in 7 of the 10 Labor regions.


                                                   Page 16                                      GA0/HR0gO-116 Increase in Child Labor Violations
                                             Appendix I
                                             Child Laborz Increases in Detectad Child
                                             Labor Violations Thmughout the
                                             united states




Figure 1.2: Detected iiiegaiiy Employed Minors, by Region (Fiscal Years 1983-89)



             Seattle
              3,013




     0          X




                                        Denver
                                        3,348
                                                 0                                                                    Philadelphia
                                                                                                                          18,132



                         1%

                                             Note: Region IX includes Guam.
                                             %xludes Puerto Rico and US. Virgin Islands

                                             In 42 of the 50 states, Labor detected more illegally employed minors in
                                             fiscal year 1989 than in 1983. (Seeapp. III.) In Massachusetts,which
                                             had the largest increase,the number of illegally employed children
                                             increased from about 600 in fiscal year 1983 to almost 3,000 in fiscal
                                             year 1989.
                                             Within this over-ahincrease,some regions and states experienced consid-
                                             erable fluctuations. Figures I.3 through I.5 illustrate the trends in each
                                             federal region. Appendix III provides state trend data and the number of
                                             children detected as illegally employed in each region. For example,
                                             Region I (Boston) detected 737 minors illegally employed in fiscal year



                                             P8ge 17                                      GAO/IJMMWll6   Increase in Child Labor Violations
                                      Appe*     1
                                      chudIAbmInueaea      lnDet43ctedchud
                                      Labor vioi8tioM Throughollt the
                                      uned st8tea




                                      1984. Detections increased to 6,713 in fiscal year 1987 before declining
                                      to 4,104 in fiscal year 1989. Discussionswith regional Labor officials
                                      suggestthat at least part of this variation is causedby several large
                                      casesthat greatly increased the number of detected illegally employed
                                      minors and by regional variations in the training and emphasis on
                                      detecting child labor violations compared with other FTSAviolations.4


Flgum 1.3: Dotoctd lUog8ltyEmployed
mMnor8,~RogbnaIThfoughIII
(Fiscal Years 1983-89)                -d-M-
                                      moo

                                      omo

                                      8mo

                                      4ooo

                                      6om



                                      1000


                                         0

                                         1066                1884                lU6      lW#         lU7            1SW    lW0
                                         plral       Yam

                                                 -         Ragbnl-Bwml
                                                 ----      Ragbnll-NmY0l-k
                                                 -         Fkglatllll-phkdrphk




                                      4ThewiDa.t&tantregion8ldirectorinReg&mIatatedth8ttwoc&3e!a accountedfor nearly 3,000
                                      ~yemployedminorein~year1987.~~inother~~~~~theimportance
                                      ofoneortwolargec&Iesine!xpmhgsulnemuaifl~ationshdetections            inotherstatesand
                                      ~.ReetonIoMcWsabobelievedthattheyploceagrerteremphseisondetectingchildlabor
                                      vbhtums than ocherregbns. In addith, aom Regh I areaoffice3 have a greaterproportion of
                                      y;p;              z o=        in other regionsand programa greaterproportion of targeted



                                      P8ge 16                                          GAO/‘ERD66.116 Incream ln W
                                          Appendix i
                                          Child I.iabo~ Increases in Detected Child
                                          L&or Viol8tiona Throughout the
                                          ulllt4?d states




Figure 1.4: Detected Illegally Employed
Minors, Labor Regions IV Through VI
(Fiscal Years 1983-89)                    4000   tdwnbuof~EmployodYk#n

                                          3soo

                                          3ooo

                                          2soo

                                          2ooo

                                          1500

                                          1000




                                             0

                                             1963            1914           l#M         1m         lsar                        loI
                                             Fbcd Yrr

                                                  -       RqionlV-Atha
                                                  -1-1    Roglonv-ChicPgo
                                                  m       Rq$oIlvI-Ddlaa




                                           Page 19                                    GAO/HRD9@116 In-    in Child Labor Violations
                                tiIEzLn      aweE3hJ.ktectedchad
                                LaborVioLtlonr~ttbc
                                UIdtedstatu




Figun I.& Dw0t.d IlkorHyEmpkW
Mbor8,l.8borRqionsVIIThrwghX
(Fiscal Years 198349)           Ewe



                                Eom




                                                                                       -. ,--, ,.




                                Department of Labor statistics show that an increasing proportion of
Most Illegally                  minors illegally employed are working in the retail trade industry. Of
Employed Minors                 those children found by Labor to be illegally employed, the number in
Found in Retail Trade           the retail trade industry increased from about 6,100 (66 percent) in fis-
                                cal year 1983 to almost 17,800 (79 percent) in fiial year 1989.6(See
Industries                      fig. 1.6).




                                51n1989,about ondifth of all employedworkers aged16through 19 worked in salesoccupationsin
                                retrrlltradeindustriee.Althwghteenaeeemploymentinall~tradeoccupationsgrewabout20
                                percentbetwwn 1993and 1999,that is far lessthan the growth in the numberof illegally employed
                                minox3detected.



                                Pyre 80                                   GAO/J3BD-W116 Inamae in Child Labor Violations


-._
                                           Appe*       I
                                           childJ.aboI?In-       inDetectedchild
                                           Labor Violations Throughout the
                                           united St&#3




Figure 1.6: Detected Illegally Employed
Minor@, by M8jor Industry Group, ior the
                                           24   Numbu d yinon    (In thewend@
United Strtes (Fiscal Years 1983-89)
                                           22
                                                                                                           l-y-
                                           20
                                           18
                                           18
                                           14
                                                                                       k
                                           12                             I




                                            8
                                            4
                                            2
                                            0
                                                        ‘71                                   ,,   w-
                                                1682      la84     lrn          la88       1287     1288      low
                                                Floml Yew




                                           Federal child labor violations are concentrated within certain segments
                                           of the retail trade industry. In fiscal year 1989, almost three-fourths of
                                           all illegally employed minors were in two retail trade sectors. Restau-
                                           rants accounted for 44 percent of all illegally employed minors while
                                           grocery stores had another 29 percent. Labor located another 6 percent
                                           of illegally employed minors in other retail sectors.
                                           Labor’s data for most regions and states illustrate a similar industrial
                                           pattern of illegal employment of minors. The percentage of detected ille-
                                           gally employed minors in retail trade industries ranged from 46 to 92
                                           percent among the 10 regions in fiscal year 1989. Labor regions with
                                           high percentagesof detected illegal minor employment in retail trade
                                           were: Region II (New York), 88 percent; Region I (Boston), 89 percent;
                                           Region III (Philadelphia), 91 percent; and Region VII (Kansas City) and
                                           Region X (Seattle), 92 percent.




                                            P8ge 2 1                                         GAO/HRDBO-116 Inertme in Child Labor Violations
                        Appe*      1
                        Child Lmboc In-        inDetectedChild
                        Labor Violationa lluoughout the
                        united states




                        In over 40 states at least 70 percent of all illegally employed minors
                        worked in service and retail trade industries in fiscal year 1989. In 41
                        states, Labor detected at least 45 percent of all illegally employed
                        minors in the retail trade industry in fiscal year 1989. States where
                        retail trade accounted for over 90 percent of all illegal employment
                        included Massachusetts,Missouri, New Jersey, and Washington. In Mis-
                        souri, grocery stores accounted for over 76 percent of illegal minor
                        employment, and in Washington, grocery stores accounted for over 90
                        percent of all illegal employment. In California, Illinois, and Ohio, over
                        76 percent of all illegal employment of minors was detected in restau-
                        rants. (Seeapp. IV.)
                        However, retail industries did not dominate all state totals. Retail trade
                        accounted for only 19 percent of detected illegally employed minors in
                        Tennesseein fiscal year 1989. In Mississippi, retail trade accounted for
                        20 percent of illegal employment of minors, with 79 percent of these
                        minors working in “other” nonretail trade or nonservice industries, such
                        as construction or manufacturing. In Georgia, most federally detected
                        illegal child employment occurred in service industries (60 percent),
                        such asjanitorial services, amusementparks, and other service sectors.
                        Other states with large numbers of illegally employed minors in service
                        industries include Maryland (68 percent), Utah (46 percent), and Colo-
                        rado (42 percent).

                        Between fiscal years 1983 and 1989, child labor violations detected by
Increase in All Types   Labor increased from about 10,000 to almost 26,000, an increase of
of Violations           almost 160 percent.6The greatest growth occurred in work-hour viola-
                        tions, which tripled from about 6,000 in 1983 to over 16,000 in 1989
                        (see fig. 1.7).Violations of federal minimum age and hazardous order
                        standards roughly doubled. Cur analysis shows that for the 7-year
                        period, Labor identified over 60,000 work-hour violations, over 9,000
                        minimum age violations, and almost 40,000 hazardous occupation viola-
                        tions. (Seeapp. V.) Again, this increase occurred, with fluctuations,
                        among all 10 regions and most of the 60 states.




                        “The numberof detectedviolations is greaterthan the numberof illegally employedminors becausea
                        n-&or may be employedin violation of morethan onechild labor standard.



                        Pyre 22                                   GAO/IiRIMM     16 In-      in Child Labor Violations


--
                                             Child L&m        Increaeea    in Detected    Child
                                             Labor Violationr3 Thmughout the
                                             united states




Figure 1.7:Detected Federal Child Labor
Violations, by Type, for the United States
                                             16500     MLtmbuofvbwono
(Fiscal Years 1983-89)
                                             1SOOO

                                             13600

                                             12000

                                             10500




                                                 1WS                1984             10111          lW6         ls17           1W             1980
                                                 Fbal Year

                                                       -         kbllrs
                                                       -1-1      Under Age
                                                       B         l4azardausoccupatiolls




                                             Although reasonsfor the increase in violations are not readily identifi-
Reasonsfor the                               able, Labor officials cited the Department’s increased emphasis on child
Increase in Violations                       labor issuesand its greater successin detecting child labor violations as
                                             contributing significantly to the recent growth in detected violations.
                                             The officials also said that the growth in violations is at least due in part
                                             to a generally healthy economy in the 1980s and low unemployment
                                             rates, which have led to a shortage of adult workers in someareas. We
                                             were unable to determine the extent to which these or any other factors
                                             have contributed to the growth of child labor violations.

                                             The national unemployment rate has declined since the early 1980s.The
                                             total national civilian unemployment rate has declined annually between
                                             1983 and 1989, from 9.6 percent to 6.3 percent. Some states, like Massa-
                                             chusetts, have experienced even lower jobless rates, with the unemploy-
                                             ment rate falling from 6.9 percent in 1983 to 3.2 percent in 1987 before
                                             rising to 4 percent in 1989. These statistics tend to support labor offi-
                                             cials’ views that a tight labor market exists; therefore, employers may
                                             be using more child labor to meet labor shortages.



                                             Page 23                                              GAO/HRDWH16   Increase in Child Labor Violations
                           Appendix I
                           Child L&OR Increaaea in Detected Child
                           Labor Violations Thm&out    the
                           UIdted states




                           Another factor possibly contributing to the increase in child labor viola-
                           tions is the decline in the number of young workers. From 1983 through
                           1989, the increase in the number of youth working was small. The
                           Bureau of Labor Statistics reported that 6.8 million youth aged 16
                           through 19 were employed in 1989, 12.4 percent below the 7.7 million
                           employed in 1980.7There are also fewer workers aged 14 and 15.
                           Between 1981 and 1988, both the absolute number of youth aged 14 and
                           15 and the number employed dropped significantly.R In contrast, total
                           national employment grew appreciably faster. Between 1981 and 1989,
                           total civilian employment increased from about 100 million to over
                           117 million, a 17-percent increase.
                           A smaller pool of young workers may contribute to violations in the haz-
                           ardous orders, minimum age, and hours violations. Employers looking
                           for entry level workers or those who prefer to hire children may have
                           difficulty finding older teens to fill jobs, so they may try to hire even
                           younger workers (those aged 14 and 16) for employment in prohibited
                           occupations at higher wages than these younger workers could receive
                           in approved employment. Employers who have youth aged 14 and 15 on
                           the payroll may also encouragethem to work hours that are longer than
                           those permitted by federal law.


                           To our knowledge, no reliable nationwide statistics or estimates are
Injuries, Illnesses, and   available on fatalities and injuries suffered by minors in work-related
Fatalities Sustained by    accidents. Neither an extensive literature search nor our request for
Children at Work           data from the Bureau of Labor Statistics and Office of Workers’ Com-
                           pensation Programs yielded a comprehensivepicture of the problem.”
                           We were able to obtain data directly from 34 states, but the data they
                           provided differed in the seriousnessof the injuries reported and the
                           agesincluded in the statistics. Appendix VI provides examples of the
                           diversity in the definitions used by the states in recording injuries and
                           illnesses as work related. For example, California defines a work-related
                           injury as one that causesthe employee to miss 1 or more days of work.

                           ‘Between 1990and 1969,the labor force participation rate for black teenagersand white female
                           teenagersaged16 to 19increasedbut the rate for white maleteenagersaged16to 19 declined.
                           %ere were 700,000 fewer youth aged14 and 16 in 1969than in 1991,a decreasefrom 7.3 to 6.6
                           million. The numberof employedyouth aged14 and 15 fell from 1.1million to 900,000.
                           gWHDcomplianceofficers collect someiqjury, illness, and fatality data. The collection is limited.
                           however,to data that are reportedto Labor or are identified during investigationsfor child labor
                           violations.



                           Page 24                                       GAO/ERD6@116 Increase in Child Labor Violations
                                      Appendix I
                                      Child Labon Increasea inDetect.edChild
                                      Lebor VioIatiom Throughoat the
                                      united StAtes




                                      In contrast, Tennesseerecords injuries based on 7 or more days of lost
                                      work time. In addition, only 26 states could give us data for work-
                                      related injuries to children who would be covered by FUA, that is, chil-
                                      dren under age 18. The other eight states could only provide data that
                                      included youth aged 18 and 19-youth who would not be covered under
                                      FGA’Schild labor provisions but would be distinguished from adults for
                                      someother purposes, such as federally funded job training programs.
                                      As shown in appendix VII, the 26 states reported to us that about
                                      27,500 minors under age 18 were injured at work in 1987, and that over
                                      31,500 were injured in 1988. Data provided by eight other states that
                                      included youth aged 18 or 19 or both in their count of minors show that
                                      another 36,000 youth under the age of 20 were injured at work in 1987,
                                      and that nearly 38,900 were injured in 1988. As shown in table 1.2,the
                                      34 states recorded almost 134,000work-related injuries to minors dur-
                                      ing the 2-year period.
Tale 1.2:Work-Rolrtad
                    Injurksto Youth
as Reported by 34 State., 1997-99                                                             1997            1999          mill
                                      Total (34 st8tea)                                     63,479          70,393        133,992
                                      Under age 18 (26 states)                              27,480          31,509         58,999
                                      Under aoe20 (8 states)                                35,999          38,874         74,973


                                      We looked with great detail at iqjury statistics in California. Almost one-
                                      third of all injuries reported by the 34 states during 1987 and 1988
                                      occurred in California. State data show disabling nonfatal work injuries
                                      and illnesses to workers under age 20 increased almost 11 percent in
                                      1988, from about 18,000 in 1987 to nearly 20,000 in 1988. In California,
                                      as we found in other states, most injuries generally involved strains,
                                      sprains, cuts, punctures, lacerations, and dislocations. California data
                                      indicate that in 1988, nearly one-haIf of all ir@.triesoccurred in the retail
                                      trade industry and about one-third occurred in restaurants and grocery
                                      stores.
                                      Other studies also suggestthat many children are injured on the job. In
                                      1986, the most recent year for which complete data are available, data
                                      from the New York State workers’ compensation board indicated that
                                      1,333 awards were made to children under 18 years of age for a work-
                                      related injury, with 41 percent or 541 awards made for permanent disa-
                                      bility.10 Another study of adolescents’visits to Massachusettshospital
                                      IoR.Israel, “New York StateWorkersCompensationBoard,” 1988,cited ln P. hndrigan and S. Pol-
                                      lack, The Health Hazardsof Child Labor,Mt. Sii Schoolof Medlclne,January 3 1,lQSQ.



                                      Page 25                                   GAO/HUD@@116
                                                                                           In-            in Child Labor Violations
                      Appendix I
                      Child Labori In-      inDetectedCMd
                      Labor Violations Throughout the
                      united states




                      emergency rooms found that for those injuries with identifiable loca-
                      tions where the injury had occurred, 24 percent had occurred on the
                      job.11
                      As for child worker deaths, we reviewed 29 casesof fatalities of chil-
                      dren under age 18 inspected by OSHAor state-operated safety and health
                      programs in fiscal years 1987 and 1988.12Officials in the Wageand Hour
                      Division identified 11 of these casesas probably involving at least one
                      hazardous order violation. These deaths occurred in certain activities
                      covered by the hazardous orders such as roofing, excavation, and the
                      use of power-driven hoisting equipment, and woodworking machinery.
                      Further, 10 of these casesalso involved violations of safety or health
                      standards that contributed to the fatality.‘3 We present the details of
                      these 11 casesin appendix VIII.


Penalties May Be      tary penalties of up to $1,000 per violation, the full deterrent effect of
Inadequate to Deter   such penalties is rarely exercised. The Congresshas not increased the
Violations            maximum penalty under FXSAsince 1974, and inflation has eroded its
                      value by over 50 percent as of 1989. Further, becauseof Labor’s assess-
                      ment formula and employer appeals, the assessedpenalty is often far
                      less than the $1,000 maximum.

                      Inflation has eroded the maximum $1,000 civil monetary penalty signifi-
                      cantly since 1974. In 1989, the maximum $1,000 penalty was worth only
                      $428 in 1974 dollars.
                      In many casesno penalty is assessedor the assessedpenalty is far less
                      than $1,000.*4FUMrequires Labor to consider such factors as the size of
                      the businesscharged with a child labor violation and the gravity of the
                      violation when determining the amount of the penalty. In the formula
                      1lAnderka M, S.S.Gallagher,and CA. Azzara,“AdolescentWork-RelatedInjuries,” paperpresented
                      at the AmericanPublic Health Association’sAnnual Meeting, Washington,D.C.,1985.
                      12Thlsls not the total numberof work-relatedfatalities for minors during this period. As OSHAhas
                      acknowledged,many employen fall to report workplacefatalities to OSHAeventhough they are
                      IV@tdtodOSO.

                      13Forthesecasesthe averagepenalty GSHAassessedfor a health and safety violation that the
                      agencyjudged as contributing to the fatality was $460.Because,during the inspectionprocess,@MA
                      alsocited other violations that did not contribute to the fatality, the averagepenalty OSHAassessed
                      per casetotaled $906.
                      l4In caseswhere an officer finds a minimal violation, such as a fiit-time violation involving only one
                      or two children, WHDmay assessno civil monetarypenalty.



                      Page 26                                       GAO/HRD-BlM16 Increase in Child Labor Violations
                                       Appendix I
                                       Child Labor: Increases in Detected Child
                                       Labor Violations Throughout the
                                       united stMes




                                       Labor developed in 1974 to compute civil monetary penalty assess-
                                       ments, WHD area offices were required to assign a monetary value to
                                       each violation, allowing for an aggregatepenalty of up to $1,000 per
                                       minor found illegally employed. WI-ID'S formula also provided for
                                       reduced assessmentswhen specific criteria were met. For example, pen-
                                       alties were reduced by (1) 50 percent if there was no evidenceof recur-
                                       ring or willful violations or serious injury to a minor and (2) 20 percent
                                       if the employer had fewer than 100 employees.
                                       Between fiscal years 1983 and 1989, WHD assessedUS. businesses
                                       almost $10.9 million in fines for child labor violations. During the 7-year
                                       period, yearly assessmentsmore than tripled, from $829,625 in fiscal
                                       year 1983 to $2,768,755 in fiscal year 1989. However, our analysis of
                                       WHD penalty data show that while the number of assessmentshas
                                       grown, the average penalty assessmenthas remained constant. In fiscal
                                       year 1983, WHD levied 567 assessmentsinvolving 5,050 children working
                                       in violation of child labor laws for an average assessmentof $164 per
                                       minor. In fiscal year 1989, WI-ID levied 894 assessmentsinvolving 16,790
                                       minors for an average assessmentof $165. (Seetable 1.3.)
Table 1.3:Child Labor Civil Monetary
Penalty Assoasments by WHD                                                                                                Average
(Fiscal Years 1983-89)                                                              N"%Zi               Amount        assessment
                                       Fiscal year           Asasssments              involved        assessed           per minor
                                       1983                              567              5,050        $829,625               $164
                                       1984                              721              6,563        1,088,619               166
                                       1985                              758              6,324        1.021.603               162
                                       1986                              843              9,758        1,492,195               153
                                       1987                              811             10,160        1,525,864               150
                                       1988                               902            13,838        2,139,820               155
                                       1989                              894             16,790        2.7685755               165
                                       Total                           5,496            68,483      $10,866,481               $159


                                       Often the assessedpenalty is reduced upon appeal. Under FLSA and
                                       Labor regulations, employers may appeal penalties for child labor viola-
                                       tions within 15 days of the assessmentto WHD headquarters or Labor’s
                                       regional solicitor’s office. If the employer takes exception to the amount
                                       assessedby the area office, WHD policy allows the regional administrator
                                       to negotiate the final penalty assessmentwith employers. Moreover,
                                       employers who are still dissatisfied may appeal the assessmentsto
                                       Labor’s Chief Administrative Law Judge, who assignsit to an adminis-
                                       trative law judge for formal hearing and final decision in the administra-
                                       tive process.In most instances an appeal is likely to result in a reduced


                                       Page 27                                    GAO/HlKMO-110 Increase in Child Labor Violations



..
                       penalty assessment.Our analysis of WHD child labor penalty data indi-
                       cates employers paid $7.7 million in fines for child labor violations
                       between fiscal years 1983 and 1989, about 71 percent of the $10.9 mil-
                       lion assessed.
                       As Labor has recently acknowledged, the existing penalty structure has
                       been inadequate to deter child labor law violators. In view of a record
                       number of child labor violations in fiscal year 1989, the Department of
                       Labor announcedon February 7,1990, new administrative steps to per-
                       mit compliance officers to levy higher penalties. Under the new
                       approach, Labor can fine an employer up to $1,000 for each child labor
                       violation instead of the $1,000 maximum previously assessedfor each
                       child found to be illegally employed. In addition, the announcement
                       noted that Labor would consider additional changesthat may further
                       increase penalty assessmentsin situations where the employer is a
                       repeat offender of FTSA’S  child labor provisions or the illegal employ-
                       ment is for an extended period of time.

                       Based on past experience, Labor’s revision in calculating child labor civil
                       monetary penalties may have little effect on the actual penalties
                       assessedbecauseLabor finds relatively few minors working in violation
                       of more than one section of the act. For example, in fiscal year 1989,
                       about 22,600 children were detected working illegally and there were
                       about 26,000 recorded violations, or about 1.1 violations per child.

                       We have identified options to control “sweatshops” or multiple labor
Options to Improve     law violators that we believe are also applicable to child labor viola-
Enforcement of Child   tionsl” These options are (1) improved agency coordination, especially
Labor Laws             with regard to referrals, and (2) increased penalties sufficient to deter
                       violations. Enforcement efforts might be improved by greater emphasis
                       on exchanging information about employers violating the laws for dif-
                       ferent agencies.For example, OSHAcould refer casesinvolving potential
                       child labor violations to WHDor state labor departments, as it did in
                       somebut not all of the fatality investigations we reviewed. Of the 11
                       workplace fatality casesinvolving minors that were inspected by CSHA
                       or state health and safety programs, CCSHA  had referred 4 casesto WHD or
                       state labor departments for action. However, 2 caseswere not referred




                       P8ge 28                           GAO/HBIM@116 Imreaae in child Labor violationm
                               Appendix I
                               Child Labor: Increases in Detected child
                               Labor Violations Throughout the
                               united states




                               and OWA was unable to determine whether the remaining 5 were
                               referred.
                               Labor has recently taken somesteps to improve interagency coordina-
                               tion In April 1990, OSHAand the Employment Standards Administration
                               signed a memorandum of understanding to improve enforcement coordi-
                               nation and better protect all child workers. Both agencieswill cooperate
                               in developing and conducting training programs on each other’s regula-
                               tions and requirements; exchangeinformation relating to complaints or
                               investigations and all other information necessaryto assure coordinated
                               enforcement; and work together to facilitate referrals of violations from
                               among relevant state agencies.This agreement extends nationwide the
                               kind of coordination that has existed since 1989 in the New York federal
                               region between WHD and OSHAoffices to exchangethe names of sus-
                               pected violators of each other’s laws and to train each agency’sinspec-
                               tors to identify situations that merit referral.

                               We believe that the increased interagency cooperation reflected in the
        Conclusion             new memorandum of understanding between OSHAand the Employment
                               Standards Administration should contribute to increased protection for
                               children as well as other workers. We agree with Labor that penalties
                               that have been assessedfor child labor violations have not been suffi-
                               cient to deter violators. It remains to be seenwhether Labor’s increased
                               penalties will provide sufficient deterrence for violations.

                               We have recommendedthat the Congressamend the Fair Labor Stan-
        Matter for             dards Act to provide penalties sufficient to deter violations of minimum
        Consideration by the   wage, overtime, and recording requirements for which there are no civil
        Congress               monetary penalties.16We believe that penalties should also be suffi-
                               ciently large to deter child labor violations. If Labor’s administrative
                               actions do not result in penalties sufficient to deter child labor viola-
                               tions, the Congressmay wish to consider legislative changesto set
                               higher penalties.




                               l”ChangesNeededto DeterViolations of the Fair LaborStandardsAct (GAO/HRDR I -tit 1.
                               May 28,1981).



                               Page 29                                    GAO/HRIN@lltI Increase in Child Labor Violations


---._
Appendix II

HazardousOccupationsOrders in
Nonagricultural Occupations

              The Fair Labor Standards Act provides a minimum age of 18 years for
              employment in any nonagricultural occupations that the Secretary of
              Labor declares to be particularly hazardous. The 17 hazardous occupa-
              tions orders now in effect apply either on an industry basis, specifying
              only those occupations in the industry that are not covered, or on an
              occupational basis prohibiting employment irrespective of the industry
              in which the occupation is found. The activities are as follows:
              1. Manufacturing and storing explosives.
              2. Motor-vehicle driving and outside helper.
              3. coal mining.
              4. Logging and sawmilling.
              6. Operating powerdriven woodworking machines.
              6. Employment resulting in exposure to radioactive substances.
              7. Operating power-driven hoisting apparatus.
              8. Operating power-driven metal-forming, punching, and shearing
              machines.
              9. Mining, other than coal mining.
              10. Slaughtering or meat-packing, processing,or rendering.
              11. Operating power-driven bakery machines.
              12. Operating power-driven paper products machines.
              13. Manufacturing brick, tile, and kindred products,
              14. Operating power-driven circular saws, band saws, and guillotine
              shears.
              15. Wrecking, demolition, and ship-breaking operations.
              16. Roofing operations.
              17. Excavation operations.



              P8ge 90                          GAO/HRDgMl6    In-    in Child Labor Violations
Appendix III

DetectedIllegally Employed Minors, by Stake
and Region(F’iscalYears 1983-89)

-...-            .-   -   _,,.   -                                                                    _.
                                                                                                                      Difference
                                                                 Fiscal year                                        fiscal ears
state                            1983             1984      1985       1988      1987        1988          1989          19I 3-89
Region1
Connecticut                           61               39      55        90         78         278            345             284
Maine                                197              172     222        56        195          95             18           -179
Massachusetts                        514              327     453       731      3968        2,225         2,988            2.474
New Hampshire                        193              139     403       370      2,361         940           .542             349
Rhode Island                         102               29      52       111         73         169            133              31
Vermont                               23               31      17         7         38          72             78              55
  Total                          1,099                737   1,292     1,385     8,713        3,779         4,104            3,014
Redon II
New Jersey                            56              197    182         128      237          252           453              397
New York                             287              242    390       1,009      621          740         1,222              935
 Tote1                               343              439    572      1,137       858         992          1,875            1,332
Region Ill
Delaware                               1                0       7        14          1           7             27              26
D.C.                                   0                0       0         0          1           9             34               34
Maryland                              30               65     64        144        213          98            165              135
Pennsylvania                         534              419    545        745      1,179       3,276         2,555            2,021
Virainia                              50              104    135        204         90         240            195              145
West Virginia                         69               52     48         11         32          41             66              -3
 lotrl                               884              840    799      1,118     1,518       3,871          3,042            2,358
RegionlV
Alabama                              162            175       283        343      239          298            281             119
Florida                              443          1,741       742      1,235      878        1,332          1,202             759
Georgia                              161            175       215        351      277          240            612             451
Kentucky                             135             55       117        166      293           53             17           -118
Mississippi                          110             44        63         99       168          63            159              49
North Carolina                       352            326       238        226      340          543            643             291
South Carolina                        78             51       106         75       116         385            148              70
Tennessee                            168            174       196        297      252          283            208              40
  Totrl                          1,809           2,741      1,989     2,792     2,563       3,197          3,270            1,881
RegionV
Illinois                             308           410        388       389       351          954           633              325
Indiana                              463            184       299       290       385          741           554               91
Michigan                             145             83        119      473       721          942           404              259
Minnesota                             50             59         91      160        154         216           457              407
Ohio                                 439           278        397       409       581          509           828              389
Wisconsin                            156            122        113      117        110          165          306              150
   Total                         1,581           1,138      1,407     1,838     2,302        3,527         3,182            1,821
                                                                                                                      (continued)



                                           Page 3 1                            GAO/Hl?D9O-116 increase in Child Labor Violations
                                                  -m
                                                  Detected megally EhnployedrbfinorE4bY stat.42
                                                  andReglon(FimcalYeam198889)




                                                                                                                                                          Difference
                                         1983              1964              1995 Fiscal 1996
                                                                                          war                  1987         1988         ICUII           flSCdJWl#l~
State                                                                                                                                    . w-w                . I""-""
Region VI
Arkansas                                   2!03                 82             88              194               306         262           331                          128
Louisiana                                  5-InA               189            245              199               193         359           255                         -49
New Mexico                                    53               128            109               95               274         271           17.1
                                                                                                                                             .V”
                                                                                                                                                                       12-l
                                                                                                                                                                       a-1




Oklahoma                                   231                 157            246               229              261         316           2.11)
                                                                                                                                           ---                          -1
Tnvsc
 I W.TY1                                   f318                728            896             1,178            1,295       1,086        1,135                          317
        TOtd                             1,m              1,294              1,584           1,895             2,329       2,294        2,124                          515
RegionVII
Iowa                                          89               102,           240              115               181         285            171
                                                                                                                                             .*      I
                                                                                                                                                                             R3
                                                                                                                                                                             “b




 .-. .---
Kansas                                     177                  9ei            119             137               209          !56          770
                                                                                                                                           ---                               AR
                                                                                                                                                                              .-
Missouri                                   162                 175             159             189               309         445         1,668                    1,506
Nebraska                                   : InA               182              79             164               136         125           180                    -144
  .--.
  T&d                                      7-;G                556            59s              iis              8ii          911        2,219                     1,487
Re@on VIII
Cnlnrarln                                  203                 114            324              266               239         218           282                               79
Montana                                      15                  6               7                4                7           0            31
                                                                                                                                            -.                                    16
North Dakota                                 11                 32             25
                                                                               --               -
                                                                                                24                 2           9             II
                                                                                                                                            11                            0
South Dakota                                  0                  0             13                 7               13          55               1                           1
Utah
- _-.                                        85                    95          49              178              155          313           207                          142
Wyoming                                    118                     54          49               41               58           27            20                         -98
        Total                              412                 301            467              520              474          622           562                         140
RegbnlX
Arizona                                      42                    32          142              95                52         198             80                          18
California                                 659                 237             490             743               631         619            793                         134
Hawaii                                        7                 10              28                        0       81          52             22
                                                                                                                                             -                           15
                                                                                                                                                                         .-
I .Q.OY.a                                  28                  246             223             284               215         172            170                        -56
            Total                          934                 527            983             1,122              979        1,041        1,045                         111
O&Y
I .-‘“.                     ”


Alaska                                            3                  25                 -3                n           Rn            7       -”                         “I .
Idaho
.--. .-                                           9             13                     11                         17          16                   35
                                                                                                                                                   --                             7fl
                                                                                                                                                                                  --
A,snnn
“I ryw               I
                                             7Q
                                             w-
                                                               174
                                                               .     .   .
                                                                               137
                                                                                 .--
                                                                                                140  .-
                                                                                                                 224
                                                                                                                 --
                                                                                                                             2n3
                                                                                                                             ---
                                                                                                                                             llR
                                                                                                                                              I I”                            “V
                                                                                                                                                                                  aa
WPahinntnn                                   !x                159             269
                                                                               ---
                                                                                                 93               131              94        ami
                                                                                                                                            -”
                                                                                                                                                                        77n
                                                                                                                                                                       _I”


 .     Total
     .U”,     111   ‘Y.“.       .          187
                                             --             371.--             414             240               432          320        1,099                         912
 ---_ withnut
Tdd          ___----- tmwimdm
                           ---_-------   1,161
                                         I                 &7Sl              evaa@           15632            19,001       20,354       22,312
e.
““all,,
        .a.... a.   .rr+,..
               I-“~,,”
                           mi#u-.
                           “wu,
                                  O"A
                                  all”
U.S. Virgin Islands                          82                129                     44        49                   80           57       185                         103
U.S.total                                9343              9,96Q             93929           12,691           18,091       20,411       22,497




                                                      P4e 3s                                                  GAO/HRD9O-1l6 III-         ln Child Labor Violations
Appendix IV

DetectedIllegaUy Employed Minors in Fiscal
Year 1989, by Industry, for All States
and Regions
         ..,,.,
            ,.._
               -._.   - ,_                  ,..          ,...., ,,    _, -
                                                                                Total                   Other
State                        Grocery    Restaurant            Other             retail    Services lndustrles~          Total
Region I
Connecticut                      126               92                12          230           113          2             345
Maine                              3               12                 0           15             3          0              18
Massachusetts                   1,800             993                80         2,883           95         40           2,w
New Hampshire                      43             246                50           341          178         23             542
Rhode Island                        0             120                 8           128            1          4             133
Vermont                             2              74                 0            79            1          1              78
  Total                        1,974         1,539               130            3,843          391         70           4,104
Percent                           48%              37%             3%              8936         10%          1%
Re#ion II
New Jersey                        79              228            105              412           14         27             453
New York                         365              286            388            1,059          136         27           1,222
  Total                          484              514            493            1,471          189         54           1,875
Percent                           28%              31%            29%              88%           9%          3%
Re@on Ill
Delaware                           0             27                   0            27            0          0              27
D.C.                               0             34                   0            34            0          0              34
Maryland                           0             52                   1            53          112          0             188
Pennsylvania                     938          1,464                  24         2,426           61         88           2,588
Virginia                           3            167                   5          175            10         10             195
West Virginia                      3             42                   6            51            4         11              88
  Total                          944         1,788                   38         2,788          187         89           3,042
Percent                           31%              59%                1%           91%           6%         3%
Reaion IV
Alabama                           78               A4             AA              188           45         70             281
Florida                          140              712            170            1m             136         AA           1,202
Georaia
     Y
                                  31               77               5            113           366        131             812
Kentucky                           0                8               0               8            0          9              17
Mississippi                        6               25               1              32            1        126             159
North Carolina                    16              459              12            497            25        131             843
South Carolina                      1              79               3              83            5         80             148
Tennessee                         17                9             13               39          151         18             209
  Total                          299         1,413               249            1,989          731        889           3,270
Percent                            9%              43%                8%           60%          22%         18%
R-V
Illinois                          45              479                29          553            18         62             833
Indiana                          167              248                38          453            26         75             554
Michiaan                         181              130                47          358             4         42             404
                                                                                                                  (continued)




                             P8ge 33                                         GAO/HBDg@116 Incream ln Child Labor Violations
               Appendlxlv
               Detected lllegdly Employed lwnom in Fbcd
               Year llM9, by Industry, for All States
               and Re@one




                                                          Total                       Other
State          Grocery      Restaurant     Other          retail      Services    industries'         TOW
Minnesota            6              132       16            154             24           279            457
Ohio                59             660        16            725             78            25            828
Wisconsin           45             200        13            258             17            31            308
  Total            503           1,839       159          2,501            187           514          3,182
Percent             16%              58%       5%            79%             5%           16%
Region VI
Arkansas            78              14         3              95            97           139            331
Louisiana           29             136        13            180             51            24            255
New Mexico            1            139         9            149             21              3           173
Oklahoma           167              32        18            217              2             11           230
Texas              188             311        66            587            219           349          1,135
  Total            483             834       111          1,=              380           528          2,124
Percent             22%             30%        5%             57%           18%           25%
Reaion VII
Iowa                 13             87        11            111             11            49            171
Kansas               26            155         5            188             16            18            220
Missouri          1,255            335        11          1.801             20            47          1.888
Nebraska              6            105        27           -138             10            12           &I
  Total          1,300             882        54          2,038             57           128          2,219
Percent             69%             31%        2%             92%            2%             6%
Region VIII
Colorado             0             131         2            133            118            31            282
Montana             14               5         0             19              2            10             31
North Dakota         0               5         1                  8          2             3             11
South Dakota         0                1        0                  1          0              0             1
Utah                11              57        11              79            94            34            207
Wvomina              0               8         3                11           2             7             20
  ktal-             25             207        17            249            218            85            552
Percent              5%             37%        3%             45            40%            15%

Arizona              0              15         3             18              6            36             80
California          48             623        13            882             29            82            793
Hawaii               0              10        12             22              0             0             22
Nevada               8              66        15            108             48            13            170
  Total             54             734        43            831             83           131          1,045
Percent              5%             70%        4%             79%            8%            13%
Region X
Alaska              14             664         0            578              0              2           580
Idaho                0               9         0                  9         16             10     --     35
Oregon              17              55        13              85             5             28      -___ 118
                                                                                                 (contmued)



               P8ge 34                                GAO/HRD9MltI       Increase in Child Labor Violations
                                          Appendix Iv
                                          Detected Dlegally Employed Minor9 in Piseal
                                          Year 1939, by Industry, for AU States
                                          and Itejions




                                                                                                  Total                      Other
State                                     Grocery        Restaurant            Other              retail       Services industriesa                   Total
Washington                                    334                  3                  1             338                   7            21               366
       Total                                  385               831                14             1,010                  28            81             1,099
Percent                                                                                                                   3%             5%
Total without territories                   8,381              9,979           1,305             17,885             2,402           2,245           22,312

V.“.      .      II   J”.   .“*-a   .-w
                                                74                    4              50             128                 8               A9              185

U.S.     total                              8.455
                                            -, ~~              9.98:
                                                                -3             1,=               17,793             2,410           2,2?BA.         22,497
Percent                                        29%                 44%                6%              79%                11%            10%

                                          aIncludes agriculture,   mining, construction,   manufacturing,   transportation,   wholesale trade, and finance.




                                           Page 36                                             GAO/~116               lncrem     in Child Labor Violations
Appendix V

State and RegionalTrends in Types of
Violations (Fiscal Years 1983-89)

     ,., ,._          _.   _.-.                                                           .,,.
TmoV.1:v~@ofHouns~~
                                                            Fi8crlyear
Strk                              1883       1984   1885           1588       1987       1988         1989             Total
Rogionl
Connecticut                         0          3       5            30            1         189        247              475
Maine                             180         74     214            46           16          89          17             835
Massachusetts                     303        238     362           593       1,994       2,162       2,941            8,593
New Hampshire                     119         87     360           363       1,418          797        466            3,822
Rhode Island                       15          4      20            75          48          144         104             410
Vermont                             6         14       4              5          27          46          63             185
 TOW                              623        420     885         1,102       3,504       3,427       3,840           13,901
Rmlom II
New Jersev                          28         33     49            50         183          132         312             787
New York                           114        133      86          AM          218         378          627           ww
 TOWI                             142        188     135           484         401         510          939           2,787


Delaware                             0          0       5           13           1           5           27              51
DC.                                  0          0       0            0           0           7           28              35
Maryland                            23         26      66          135         194          93          159             888
Pennsylvania                       226        166     136          469         911         527        1,643           4,057
Virginia                            32         31     100           87          19         152          171             592
West Virginia                       32         25      12            5          21           8            7             110
  TOW                             313        246     310           899       1,146         792       2,035            5,543
R-IV
Alabama                             34         59     61            98          73          118          92             535
Florida                            269        310    455         1,020         675         753        1,021           4,503
Georgia                             47        130    143           281         196         193          498           1,468
Kentucky                            68         26     73             63         45          29            3             327
Mississippi                         67         26     43             56        122          43           66             424
North Carolina                      92        166    134            153        207         266          481           1,499
South Carolina                      60         29     93             65         86         144          113             590
Tennessee                           57         73     A6           235         114         251          184             980
  TOhI                            694        819    1,048        1,973       Ml8         1,787       2,157           10,308
mv
Illinois                           193        196     111           76         225         512          600           1,813
Indiana                            243         52      66           99         286         512          373           1,823
Michigan                           111         31      40          410         572         846          302           2,314
Minnesota                           A3         37      64          139         132         160          428           1,003
Ohio                               166        151    310           265         A09         429          650           2,380
Wisconsin                           27         41     39            36          30          28          217             418
                                                                                                                (continued)




                                   Page 86                                GAO/HRLMHHl6   Incmase In child Labor Violationa
                                                        Fiscal year
State                     1983        1984     1985           1988         1987       1988         1989             Total
  Total                     783         50%      822         1,025        1,854      2,489         2,470            9,551
RegionVI
Arkansas                     44          12       18            31           31         47            24              207
Louisiana                   269         101     137            134          173        125           196            1,135
New Mexico                   33         125      65             42           40         51           151              507
Oklahoma                    139         105      77             45           85        231            64              746
Texas                       506         385     428            786          774        605           716            4,200
  Total                     991         728     725          1,038        1,103       1,059        1,151            6,795
Region VII
Iowa                         35         51       55             46           34        119             95            437
Kansas                       93          18      88             68          191         43         -182              683
Missouri                     98         71      120            106          245        353           455           1,448
Nebraska                    163         82       40            127          117         84            114            727
 Total                     389         222      303            349          587        599           846           3,295
Region VIII
Colorado                    117          36      205           206          153         161          136            1,014
Montana                      12           1        3             0            3           0           23               42
North Dakota                  9          22        9            20            0           7            3               70
South Dakota                  0           0       13             5           13          55            1               87
Utah                         53          86       40            90          110         185          136              700
Wyoming                     112          36       32            22           21          23           11              257
 Total                     303          181     302            343          300        431           310            2,170
RogionIX
Arizona                      34          19       57            73           32        144            19              378
California                  312         104      326           559          550        392           452            2.695
Hawaii                        3           0       27             0            3         51            22             &i
Nevada                      219         212      146           167          155         94           161            1,154
  Total                     568         335      556           799          740        681           654            4.333
RoglonX
Alaska                        1           9        0             0           56           2          578              648
Idaho                         5           1        7             1            3           2           19               38
Oregon                       63          21       60            46           72          64           63              411
Washington                   20          23        7            30           24          38           11              153
  Total                      89          54       74            79          155         126         671             1,248
Totalwithoutterfitories   4,896       3,881    5,060         7,9(31      11,108      11,911      15,373           59,929
Guam, Puerto Rico, and
U.S. Virgin Islands           67          69       26            36          66          42          133             441
U.S.mal                   4,862       3,750    5,088         7,937       11,174      11,953      15,506           60,370




                            Page 37                                   GA0/IiBD~110    Increase. in Child Labor Violations
                                         Appendix V
                                         State and Regional Trends in Types of
                                         violations t.-Pbcd Ytara 1983-89)




 -      .-,--     .     -   . _.                                                               .
Table V.2: Viohtionr   of Age Sten&fd
                                                                        Fiscal year
State                                   1983       1984        1985           1986          1987      1988         1989            Total
Region I
Connecticut                                 1         6            3            45             4        16            17              92
Maine                                      9          9           25            12             0         0             0              55
Massachusetts                            109         11           42           107            41        80            18             388
New Hampshire                             14          9           19            14            18        82           123             279
Rhode Island                               0          1            5             6            24        10             2              48
Vermont                                    4         10            5             0             0        29             5              53
  Total                                  137         46           99           194            87       197       , 165               915
Region II
New Jersey                                14         13            3              4           17         9            32              92
New York                                  55         25           30             34           61        54            88             327
  Tot81                                   99         38           33             38           79        63          100              419
Region Ill
Delaware                                   0           0           6              2            1         0             0               9
DC.                                        0          0            0              0            0         4             0               4
Maryland                                   0          0            4              5           31        21            11              72
Pennsylvania                              44         29           36             60          107       251           123             640
Virginia                                   5         11            1              4            7        29             6              63
West Virginia                              4          3            4              1            4         3             1              20
 T&l                                      53         43           51             62          159       308          141              808
Region IV
Alabama                                  16          33            11           17             15       25           23              140
Florida                                  50          75          107            42            61       156          101              592
Georgia                                  84          48           21            31            42        15          124              345
Kentucky                                 28           3           43            46            21         10           2              153
Mississippi                              13           5           10             10           84          9          52              163
North Carolina                           25         100           40            69            29        70           46              379
South Carolina                            2            1            6             9             5         7          77              107
Tennessee                                10           7             9             5           91          9          24              155
  TOM                                   206         272          247           229           328       301          449            2,034
WW’V
Illinois                                   5          10          19              15          31         84          112             299
Indiana                                   59          30          62              40          42        109           80             422
Michigan                                   6           5           8             156          42         25            2             244
Minnesota                                  1           6          13               9          12         82           24             127
Ohio                                      74          70          10              22         114         96           59             444
Wisconsin                                  2           3           4               6          21          4           51              91
                                                                                                                             (continued)




                                         Pyle 38                                       GAO,‘ERD~ll6   Increase in Child Labor Violations
                             Appendix V
                             State and Regional Trends in Qpts of
                             Violations (Pitcal Ytars 1993-M)




                                                           Fiscal year
State                       1983        1984       1985          1988         1987        1988          1989                 Total
  Total                      147         124        118           248          282         359           328                 1,584
Region VI
Arkansas                       8           7          12             14         11         102           190                   344
Louisiana                     21          13          24             28          6          17            21                   130
New Mexico                     5           I           4             10          4           3             6                    33
Oklahoma                      27           7          26              7          5           6             7                    85
Texas                        100         106         148            113         99          62            36                   884
  Total                      181         134        214           172          125         190           280                 1,258
Re@on VII
Iowa                           5           2         20              1           2              14         50                      94
Kansas                        13           3         25             20          IO              13         58                     142
Missouri                      34          15         17              8          86              18         20                     198
Nebraska                      11           9          5              3          11               3         18                      80
  Total                       83          29         87             32         109              48        148                     494
Region VIII
Colorado                       7           1          46              7         62              23        118                     284
Montana                        0           0           0              0          2               0          4                       8
North Dakota                   0           1           4              1          1               1           1                      9
South Dakota                   0           0           0              0          2               0           1                      3
Utah                           4           6          14              7         19              27         28                     105
Wyoming                        3           2           6              4          1               1           1                      18
  Total                       14          10          70             19         87              52        153                     405
Re@on IX
Arizona                        0           5           8              5          6               1          7                      32
California                   121          25          87            144        194              56        174                     801
Hawaii                         1           0           0              0          0               0         13                       14
Nevada                         0          11           7             17          8              15          3         -            81
  Total                      122          41        102             188        208              72        197    -.               908
Region X                                                                                                         ~. .~
Alaska                          2         14           1              0          5               4          0                    28
                                                                                                                          ~___
Idaho                           6          1           1              0          2               1          4                    15
                                                                                                                          -~ ~
Oregon                         16          6          IO             20         27               4         13                    98
Washington                      7          7           3              1          3               0          0                    21
                                                                                                                           ~___
  Total                        31         28          15             21         37               9         17                   158
Total without territories   1,005        785       1,014        1,171         1,471       1,599         1,958                    8,981
Guam,Puerto Rico, and
U.S. Virgin Islands           33          47          18             22              8          17         48                      193
U.S. total                  1,038        812       1,032        1,193         1,479       1,818         2,004                    9,174




                              Page 39                                     GAo/mD-99.116   In-        in Child Labor Violations
                                      A-V
                                      stattandB&gioIulTrtndtin~of
                                      violrtions (Fbcd Years 198389)




TabloV.3:Viol8tion8ofHarardourO~W~
                                                                   Fiscal war
Strte                                1963       1964       1965          1968       1967       1968           1969            Total
Ro@nl
Connecticut                            83         37          83          33          86          100           127             509
Maine                                  14        127           3           8         179            7             0             338
Massachusetts                         178        107         116         121       2,993          67             58           3,949
New Hampshire                         101         80          22          19        1,061        105             45           1,413
Rhode Island                          106         37          30          47           23         30             54             927
Vermont                                18         12          13           2           13         18             12              %
  Total                              480         380         247         2%        4,999         927            2%            8,315
-6-11
New Jersey                            19         161         134          82          50         147            143             7%
New York                             184         100         289         577         438         400            886           2,851
  TOW                                2%          261         423         8%          4%          547            808           3,997

Delaware                                1          0           1           0           1              4           0                 7
D.C.                                    0          0           0           0           0              0           7                 7
Maryland                               10         43           5           17         39              12         13             139
Pennsybania                           317        283         444         356         250       2,563          1,047           5,999
Virginia                               17         89          48         139          69          73             24             499
West Virginia                          33         30          39           7           8          25             80             202
  TOMI                               379         445         997         519         997       2,897          1,151           6,094
Re@on IV
Alabama                               102        110         220         276         174          201           175           1,256
Florida                               165        561         320         206         194          598           192           2,236
Georgia                                58         29          82          85          82           36            50             390
Kentucky                               84         28          44          88         281           21            11             5%
Mississippi                            48         22          23          51          49           30           154             377
North Carolina                        136         53          97          99         114          227           145             871
South Carolina                          3          6           4           4          26          243            55             341
Tennessee                             109        107         174          82          97           28            14             %9
  TOW                                883         916         944         681       1,017       1,362            7%            8,%9
ckoknv
Illinois                              123        227         233         338         147          423            95           13%
Indiana                               181        100         218         161          80          146           148           1,-
Michigan                               43         51          79          90         115          113           124             815
Minnesota                               6         25          29          28          29           77            51             249
Ohio                                  259         83          69         149         178           67           204             999
Wisconsin                             180         92          80          99          52          148            92             723
                                                                                                                        (continued)




                                      Page 40                                   GAO/I5m@fH16   Ill-        in Child L&or Violations
                            Appendlxv
                            st8tttadRtghulTrtndtin~of
                            violation8@iscal     Ytus 198589)




                                                            Fiscal year
St&                       1993          1984        1995          1988        1987      1988         1989             Total
  Total                    772          558          708           883         801       974           714           5.1%
RegiamVl
Arkansas                   152           36           55           175         289       129           151             987
Louisiana                   39           61          107            59          20       225            54             565
New Mexico                  11             1          47            48         271       440            18             9%
Oklahoma                   110           72          159           203         172       104           198           1,018
Texas                      130          246          239           256         368       339           294           1,878
  Total                    442          418          807           743       1,120     1,237           715           5,282
Rq@nVII
Iowa                        56           59          187            78         152       200            57              789
Kansas                      98           76           16            95           5        15            52              385
Missouri                    40          110           26            94          56       114         1,226            1,888
Nebraska                   137          121           40            60          26        80            60             484
 Tot81                     329          388          389           317         239       389         1,385           3,294
Rogbn VIII
Cdorado                       2           80         106            78          93        88             7              434
Montana                       2            4           2             3           5         0            13               29
North Dakota                  2           17          14             4           1         2             7               47
South Dakota                  0            0           0             0           0         0             0                0
utah                         11            3           7            95          37       114            45              312
Wyoming                      16           20          12            17          27         7             8              197
 Total                       33          124         143           197         183       189            80              929
ReghnlX
Arizona                      11           10          84             4          14           13         88              182
California                  271          116         106           167          45           76        365            1,148
Hawaii                       11           10           1             0          80            1          0              103
Nevada                        5           24          91           134          70           84          9              397
  Total                    298           190         982           305         399       154           440            1,828
R-X
Alaska                        1           12            1            0           0            1          2               17
Idaho                         0           22            3            7           9           13         10               84
Oregon                       11           18           27           20         131           28         48              283
Washington                   49           90            4            6          12            5        336              502
  TOWI                       81          142          35            33         152           47        3%               888
TotalwRhouttwritwhs       3,879       3,770        4,175         4,717       8,799     7,943         8,781          39,774
Guam,, Puerto Rico, and
U.S. Virgin Islands            0          51            6             8           1         3            17             98
U.S. total                3.679       3,821        4,181         4,725       8,710     7,948         8,798          39,%0




                            Pyle 41                                       GAO/ERB9@116 In-        in Child Labor Violation
Appendix VI

DifferencesAmong Statesin DefMtions of                                                                         .
Injuries and Illnesses

              Detlnlt&n of an injury or illness                         Number of states       Injury categw
              First report of injury or illness to workers’                              6                      A
                 comoensation orooram
              Injury or illness resulted in a workers’                                   4                      8
                 comrxnsation claim
              Injury or illness required medical treatment                               3                      C
              yjurvm;r;lness resulted in lost workdays:
                                                                                         9                      D
              3 or more                                                                  4                      E
              7 or more                                                                  2                      F
              Different injury and illness definition for 1967 and                       6                      G
                 1966 or definition unknown for 1967 and 1966
              Total states repcdng injury and lMnees dMa                                34


              aIndividual states are classified by injury categories in appendix VII.




              Page 42                                         GAO/liRB~ll6    Incmttt   in child Labor Violations
Appendix VII

State Iqjwy and Illness Data


                                          l&Y ,.,..
                S&k                    f-ww               1987           1995             Total
                Underage18(28states)
                Arkansas                        G           102            138             240
                Colorado                        E           176            191             367
                Florida                         D             .            792             792
                Hawaii                          D          775           1900            1.775
                Idaho                           B          264             298             982
                Iowa                            6          267             358             823
                Kentuckv                        A          409             505             914
                Louisiana                       A          171             274             445
                Maine                           D           573            597           1,170
                Maryland                        C           804            852           1,656
                Michiaan                        F           556            544           1.100
                Minnesota                       A           566            593           1,181
                Mississippi                     G           205            195              400
                Missouri                        G         3.320          3.257           8.577
                Nevada                          G         1,501          1,715           3,218
                New Jersey                      C           952            835           1,797
                New Mexico                      D           117             96             213
                Oklahoma                        A           125            122             247
                Oregon                          D           647            703           1,350
                Pennsylvania                    G         2,106          2,317           4,423
                Rhode Island                    E           878            656           1.734
                Tennessee                       F           426            436             892
                Texas                           G         1.210          1,634           2,844
                Washington                      C        11,129         12,030          23,159
                Wisconsin                       E              .           935              935
                Wyoming                         A           199           236              437
                TOW                                     27,499         31,809           88,999

                Alaska                          D            51                              51
                Arizonab                        B         3,ooo          3,7oi            8,708
                California                      D        18,060         19,962          36,042
                Delaware                        E           844            766           1,810
                Georgia                         B         2,201          2,148           4,949
                Indiana                         A         3,330          3,674           7,004
                Nebraska                        D           874            838           1,712
                Ohio                            D         7,639          7,760          15,399
                                                                                    (continued)




                Page 49                       GAO/HlUMO-116 Intmast   in child Labor Violations
                                               Ww
State                                   catwry’                 1987               1983           TO&II
Total                                                         35,998             38,874          74,873
Total 134 dated                                               63.479             70.333        133.682
%jury categories are defined in appendix VI.

blnjury data for 1987 are from an estimate by a state workers’ compensation   official.




P8ge 44                                         GAO/IlRMlH16        lnaeme     in Child Labor Violations
ppendix VIII

*&tailed Data on the 11 OSHA Fatality Cases
That Involved an Apparent Federal Child
Labor Violation
                       Using data provided by OSHA and WHD, GAO identified 11 workplace fatal-
                       ity casesof workers under age 18 which involved an CBHAviolation and
                       an apparent violation of a federal child labor law.
                       OSHA provided   us with descriptions of each case,the type of health and
                       safety violations, and the size of the penalty levied. OSHA  uses several
                       classifications to indicate the severity of violations: “0” stands for
                       other, “S” stands for serious, “w” stands for willful, and ‘3” stands for
                       repeated violation. CHLAalso makes the determination as to whether a
                       particular health and safety violation contributed to the fatality. Of the
                       11 cases,10 casesinvolved an OSHAviolation that contributed to the
                       fatality.
                       We met with WHD officials to identify apparent federal child labor viola-
                       tions. The WHDofficials, using each case’sdescription of the accident,
                       made an assessmentas to whether or not a child labor violation existed.
                       We used casedata from fiscal years 1987 and 1988. Sevencases(cases
                       l-7) occurred in fiscal year 1988. Four cases(8-11) occurred in fiscal
                       year 1987.


                       Description of accident: A Eyear-old employee and another worker
Case 1. Jefferson,     performed maintenance on a front end loader bucket [of a lift truck] . . .
Alabama-Wrecking       and the [truck’s] control assembly had been raised by [a] . . . hydraulic
and Demolition Work    system . . .. During the [maintenance],the @ck’s] hydraulic pressure was
                       lost and the elevated assembly dropped. This kicked the lift truck back .
(Standard Industrial   . . allowing the assembly to fall to the ground on [the employees].One
Code-1795)             employee was caught in the scissorpoint [of the fork] and another was
                       struck on the head by the falling assembly. Both were killed.




                       Page 45                           GAO/ERD~ll6   hcmase in Child Labor VLolatio~
                        DetdledD8taonthe11O6HAFatdityCases
                        That Involved an Appmmt Federal Child
                        Labor viol8tion




OSHA Violationr
                                                                                                                 vlolatkn
                                                                 Penalty           PUWlty                        contdbutlng to
                        Citation                               assewed           colbcted Severity               GUliQ
                        1926.6OLl                                                     6640s                      Yes
                        1926.602                                         cl                 00                   No
                        1926.020                                        560              560 s                   No
                        1926.021                                         0                  OS                   NO
                        The 1926.600 series governs the maintenance of safety equipment on hoists, motor vehicles, and mech-
                        anized equipment.

                        The 1926.020 series governs general safety and health requirements.
                        Federal Child Labor Violation: Hazardous Order 7, hoisting equipment, and Regulation 3, minimum age
                        occupatton wolation.

                        Referral Notes: Alabama is a federal OSHA program state. OSHA was unable to determine whether this
                        case was referred to WHD.



                        Description of Accident: The 17-year-old employee was banding logs
Case2. Juneau,          loaded into metal racks. The employee had banded one end of the load
Alaska-Lumber and       and was crimping the sleeveon the secondwhen a log loader
Wood Products           approached the load. The loader slid its forks under the load of logs and
                        lowered the log clamps (tusks) to securethe load, entrapping the
(Standard Industriaxl   employee between the log tusk and the log, crushing the employee.
Code-2441)
OSHA Woktions

                                                                 -)ty                                            ciowbuqto
                        Cltotion                               aremaed           c~~seveffty                     fatality
                        7.136                                      $1,000            $1,000 s                    Yes
                        7.160                                       1,ooo             1,aM s                     Yes
                        7.115                                       1,200             1,200 R                    No
                        7.136,7.169, and 7.115 are vidations   of the Alaska state occupatiinat   safety and health code.
                        Federal Child Labor Violation: Hazardous Order 4, logging.

                        Referral Notes: Alaska operates its own state OSHA program. It has a referral procedure and referred
                        this case to tfie state labor department.




                        P*ge 46                                          GAO/EJD6&ll6         hcmue     in Child L&or Violationa
                        Detdledbtaonthe1106IiAFataUtyCaaes
                        That Invohwd an Apparent Ftxkral Child
                        Labor violation




bat: 0.
r( cI”A
      0
        ds
        T/
            Angeles,    auger/screw (an auger is a large drill-like tool) conveyor while the
California-Business     machine was in operation. The employee’s right arm was caught in the
Services/Janitorial     auger. As the auger rotated, it pulled employee into rotating auger up to
                        his shoulder, crushing his head.
Services (Standard
Industriai Code-7349)
OSHA Vlolatlonr
                                                                                                               Violation
                                                               Pen&y             Pmnrlty                       contributing to
                        Cltetion                             awesaed           colkded   Sever@                tatelity
                        1910.212                                                     6640s                     Yes
                        5A.l                                         640              640s                     Yes

                        5A.1 is a violation of OSHA’s general duty clause, which specifies that each employer “shall furnish
                        employment and a place of employment which are free from recognized hazards          ..‘I Under this
                        clause, an employer may be cited if he or she failed to “render the workplace free of a hazard which
                        was recognized as causing or likely to cause death or serious physical harm.”

                        1910.212 governs machine guards.
                        Federal Child Labor Violation: Hazardous Order 5, woodworking    machinery.

                        Referral Notes: OSHA reported that no referral to WHD or the state labor department    was made on this
                        case.



                        Description of Accident: The 17-year-old employee was in the processof
Case4. Atlanta,         removing the top of a SO-foot-highhickory tree when the trunk of the
Georgia-Landscape       tree gave way, resulting in employee falling to his death. Employee was
                        using a chain saw to cut the top of the tree and was tied to the tree.
and Horticultural
Services (Standard
Industrial Code-0783)
OSHA Violationa
                                                                                                               VioMion
                                                               Pmlty              P-W                          contributing to
                        Citation                             as8e8sed           collected Severity             tatallty
                        1904.008                                       $0               600                    Yes

                        1904.008 governs the reporting of a fatality to OSHA. Note: This means that OSHA has determined that
                        the employer had the same or similar accident in the past, did not report it to OSHA or keep a record of
                        it. This viotatiin could have contributed to the fatality listed above because if the workers knew that an
                        identical or similar accident had previously occurred they might have taken steps to prevent It from
                        occurring again.

                        Federal Child Labor Violation: Hazardous Order 4, logging.
                        Referral Notes: Georgia is a federal OSHA program state. OSHA was unable to determine whether this
                        case was referred to WHD.




                         Pyre 47                                        GAO/ElKMW-116 Increase In Child Labor Violations
                        Appcndtrm
                        Detdallhtaoathe11CBHAFatdityCaaes
                        TlutInvohwdmApparentFederalChUd
                        Labor viol&km




                        Description of Accident: The 17-year-old empioyee was helping to
Case5. Indianapolis,    unload sewer pipe from a flatbed trailer. The 8” by 12’ PVC sewer pipe
Indiana-Heavy           were stacked 6 high and 5 acrossand separated with plastic spacers.
Construction            The 26 pipes in each bundle were held together with l/2” straps on each
                        end. Two bundles of sewer pipe were stacked one on top of each other
(Standard Industrial    and held together with a l-1/4” metal strap around the middle of both
CodeJ623)               bundles. When the employee, standing on the edge of the trailer, cut the
                        l-1/4” metal strap holding the two bundles together the two end straps
                        of the bundle failed. Twenty-five sewer pipe, weighing 126 lbs. each,
                        rolled off the trailer, knocking the employee to the ground and covering
                        him. Employee suffered fatal injuries and died at the scene.
OWA
 Violrtlonr
                        Citation                                88n88.d
                                                                                      P-a
                                                                                    cou8ctod     smmlty
                        1926.021                                       $240               $240 s                Yes
                        1926.100                                          0                  OS                 Yes
                        4.00402                                           0                  00                 No
                        1926.100 governs head protection.
                        1929021 governs the proper training of employees in avoiding and preventing unsafe conditions

                        4.OfMO2 is a violatin   of the Indiana state occupational   health and safety code.

                        Federal Child Labor Violation: Hazardous Order 17, excavation.

                        Referral Notes: Indiana operates its own OSHA program. Federal OSHA reports that Indiana OSHA
                        referred case to the state department of labor, but under Indiana state law no child labor violation was
                        committed.



                        Description of Accident: The E-year-old employee was a mentally hand-
Case6. Nye,             icapped youth riding in the back of a pickup truck while working on a
Nevada-                 high-school campus. As the truck slowed to a stop he jumped from the
Administration of       truck. His feet slipped on the ground and he hit his head on the ground,
                        and began bleeding from his eyes, ears, and mouth. He died the follow-
Social and Other        ing by.
Programs (Standard
Industrial Code-9441)




                        P8ge 48                                             GAO/ERM@116         Incream in Child Labor Viohtiona


                                                                                                                                   --
                                                                                                               Violalion
                                                                POftdty           POMIQ                        contflbutlng   to
                       CbtlOlt                               assassed           colloctad    savarlty          fatality
                       618.56602                                                        $20 0                  No
                       618.42801                                       50                 50                   No
                       618.!%601                                      200                20 0                  No
                       618.57401                                        0                 00                   No
                       The 618 series violations ara violations of the Nevada state occupational   health and safety codes.

                       Federal Child Labor Violation: Hazardous Order 2, motor vehicle operation, and Regulation 3, minimum
                       age occupation violatkn.
                       Referral Notes: Nevada operates its own state OSHA program. Federal OSHA reports that Nevada has
                       no referral procedure between its state OSHA and state labor department and did not refer this case.




Case7. Clifton,        newly installed insulation on a roof. Employee had walked down one
Virginia-              end of the paper that was covering approximately one-half of the sky-
                       light opening. He walked toward the ladder and stepped on the tar paper
Construction General   covering a portion of the skylight opening and fell about 25 feet to the
Contractur (Standard   bottom of a dry pool below. Death resulted from multiple severe inju-
hdwtid   &&-1~21)      ries, including a fractured skull.


                                                                p-w               p-w                          c-ngto
                                                             l ssusmd           colbtad      -VW               fatality
                       1926.500                                                       $280 s                   Yes
                       1926.451                                           0              00                    No
                       1926.451                                           0              00                    No
                       lQ26.451                                           0              00                    No
                       1926.500 governs guardrails, handrails, and covers.

                       lSZ6.4!51 governs s&folding.

                       Fsdrnl Child Labor Viition:    Hazardous Order 16, roofing, and Regulation 3, minimum age occupation
                       viowm.
                       Referml Notes: Virginia operates its own OS-IA program. Federal OSHA reports that Virginia generally
                       haa a p&y of refe&q O!#A cases involving minors to its labor department for investigation. However,
                       Federal OSHA could not determine whether Virginia referred this case to its labor department.




                                                                          GAO/ERDBlb116 In-             in Child Labor Viohtiom~
                       Description of Accident: The 17-year-old employee was operating a fork
Case8. Santa Ana,      lift in the plant’s parking lot when the fork lift he was operating turned
California-Direct      over. No load was being lifted or carried at the time of the accident. The
                       employee was found crushed between the ground and the forklift.
Mail Advertising
(Standard Industrial
Code-7331)
0sHAvlolatlons
                                                                                                                Vlolatkm
                                                                p-w              -lly                           contflbutlng to
                       citation                               assessed         consctad        sMrlty           fatality
                       1910.178                                    $490               $490 s                    Yes
                       1910.178                                       0                  00                     Yes
                       1910.178 governs safety requirements    on powered industrial trucks.
                       Federal Child Labor Violation: Hazardous Order 7, hoisting equipment.

                       Referral Notes: WHD confirmed that this case was referred by OSHA to WHD for investigation           and that
                       WHD had investigated the case.



                       Description of Accident: The 17-year-old employee entered a sanitary
Case9. Woodstuck,      sewer trench to clean out the end of a pipe laid previously. The trench
Georgia-Heavy          was about 16 feet long, 3 feet wide, and 12 feet deep. The walls were
Construction           vertical without shoring. The south wall caved in, covering him com-
                       pletely. He was killed instantly from multiple injuries, which included
(Standard Industrial   massive skull fractures, crushed chest, broken pelvis, and broken right
Code-1623)             arm....Weather conditions were clear. . . he apparently did not recog-
                       nize the hazardous conditions.

                                                                                                                vlolatlon
                                                                P-W                                             contributing to
                       Clt#Oft                                asseasad                                          fatality
                       1926.021                                  $1000                WOS                       Yes
                       1926.650                                       200               100 s                   Yes
                       1926.652                                    l,ooO              1,000 s                   Yes
                       The 1928.85tl series governs general protection requirements     in excavation.

                       1929021 governs the proper training of empfoyees in avoiding and preventing unsafe conditms.

                       Federal Child Labor Violation: Hazardous Order 17, excavation.

                       Referral Notes: Georgia is a federal OSHA program state. OSHA was unable to determrne whether any
                       referral was made.




                       P8ge 50                                           GAO/llRD=mll6         In-       in thud Laber viol8tions
                             Detailed Data on the 1106IiA Fatal& Cases
                             That Involved an Apparent Federal Child
                             Labor Violation




                             Description of Accident: The 15-year-old employee dismounted from a
      Case 10. Hallowell,    tractor while its engine continued running and with the gear shift in low
      Maine-Fuel Dealers     gear. While picking material up from the ground he was pushed by the
      (Standard Industrial   tractor. As he tried to mount the tractor from the front, he fell to the
                             ground, was pushed into a snow mound and was asphyxiated due to
      code-5989)             chest compression.
      OSHA Vlolatlons
                                                                                                                    Violation
                                                                    Penalty            Penalty                      contributing to
                             Citation                             assessed           collected Severity             fatality
                             5A.l                                        $280              $280 s                   Yes
                             5A is a violation of OSHA’s general duty clause, which specifies that each employer “shall furnish
                             employment and a place of employment which are free from recognized hazards           .” Under this
                             clause, an employer may be cited if he or she failed to “render the workplace free of a hazard which
                             was recognized as causing or likely to cause death or serious physical harm.”

                             Federal Child Labor Violation: Agricultural Hazardous Order, driving a tractor above 20 horsepower.

                             Referral Notes: Maine is a federal OSHA program state. OSHA was unable to determine whether any
                             referral was made.



                             Description of Accident: The 16-year-old employee was working as a
      case 11. Scurry,       floor hand on an oil well service rig. He was operating a jack to level the
      Texas-Oil and Gas      rig during a rig-up operation when other employeescausedthe rig to
                             becomeenergized with 480 volts of electricity. This occurred when a
      Field Services         guy line the other employeeswere anchoring came into contact with the
      (Standard Industrial   overhead power line.
      Code-1389)
      OSHA Vlolatlons
                                                                                                                    Violation
                                                                     Penalty           Penalty                      contributing to
                             ClWtiOfl                              assessed          collected Severity             fatality-~~___
                             1910.303                                    $350              S35OS                     Yes -~- .____
                             1910.151                                        0                 00                    Yes

                             The 1910.150 series governs access to medical service and first aid, fire protection, and other services.

                             The 1910.300 series governs electrical safety standards, including general requirements

                             Federal Child Labor Violation: Hazardous Order 7, hoisting equipment.

                             Referral Notes: Texas is a federal OSHA program state. OSHA and WHD jointly investlgaled       the case
                             and found that a violation had occurred.




                             Page 6 1                                        GAO/HRBW-116 Increase in Child Labor Violations



--.
  Ppe

b;i,i?Points for Figures I.1 Through I.7


Table 1X.1: Data for Figure 1.1
                                  YOW                                                                     Illegalty Employed Minors
                                  1977                                                                                            16,021
                                  1978                                                                                            14,003
                                  1979                                                                                            12.989
                                  1980                                                                                             9,968
                                  1981                                                                                            13,825
                                  1982                                                                                             9.966
                                  1983                                                                                             9,243
                                  1984                                                                                             8,860
                                  1985                                                                                             9,929
                                  1986                                                                                            12,681
                                  1987                                                                                            19,081
                                  1988                                                                                            20,411
                                  1989                                                                                            22.497


Table 1X.2: Data for Figure 1.2
                                  Rylkn                                                                   lllegrlly   Employed Mlnora
                                  Region1                             Boston                                                      18,990
                                  Region II                           New York                                                     6,591
                                  Region Ill                          Philadelphia                                                11,470
                                  Region IV                           Atlanta                                                     18,132
                                  Region V                            Chicago                                                     14,953
                                  Region VI                           Dallas                                                      13,119
                                  Region VII                          Kansas City                                                  6,464
                                  Region VIII                         Denver                                                       3,348
                                  Region IX                           San Francisco                                                6,682
                                  Reaion X                            Seattle                                                      3,063
                                  Note: Region IX includes Guam, and Region II includes Puerto Rico and the U.S. Virgin Islands




                                  P8ge 62                                        GAO/HlUMO-116 Incream In Child Labor Violations
                                  Appendix lX
                                  Dat8 Pointa for Pigurea I.1 Through I.7




Table 1X.3: Data for Figure 1.3
                                  Illegally employed minors
                                  Year                                                                    1          2                3
                                  1983                                                             1,090           452              684
                                  1984                                                               737           525              640
                                  1985                                                             1,202           616              799
                                  1986                                                             1,365         1,186            1,118
                                  1987                                                             6.713           938            1.516
                                  1988                                                             3,779         1,046            3,671
                                  1989
                                  Line Legend Labels

                                  1 Region I . Boston
                                  2 Region II _ New York (includes Puerto Rico and U.S. Virgin Islands)
                                  3 Region III . Philadelphia


Table 1X.1: Data for Figure 1.4
                                  llleaailv Emoloved Minors
                                  Yeu                                                                     1          2                3
                                  1983                                                             1,609         1,561            1,609
                                  1984                                                             2,741         1,136            1,284
                                  1985                                                             1,960         1,407            1.584
                                  1986                                                             2,792         1,838            1,895
                                  1987                                                             2,563         2,302            2,329
                                  1988                                                             3,197         3,527            2,294
                                  1989                                                             3,270         3,182            2,124
                                  Line Legend Labels

                                  1 Region IV - Atlanta
                                  2 Region V _ Chicago
                                  3 Region VI - Dallas




                                  PIge 63                                          GA0/HRD9@116 In-           in Child Labor Violations
                                  AppendixM
                                  D8t8 Point8 for FYgurea Ll Through 17




Table 1X.5: Data for Figure I.5
                                  Number of Violations
                                  Year                                                 1             2               3               4
                                  1983                                               732           412             934             187
                                  1984                                               555           301             570             371
                                  1985                                               597           467             883             414
                                  1986                                               605           520           1,122             240
                                  1987                                               835           474             979             432
                                  1988                                               911           622           1,044             320
                                  1989                                             2,219           552           1,050           1,099
                                  Line Legend Labels

                                  1 Region    VII - Kansas City
                                  2 Region    VIII . Denver
                                  3 Region    IX . San Francisco (includes Guam)
                                  4 Region    X - Seattle


TabI@1X.6: Data for Figure I.6
                                                                                                     1               2               3
                                  1983                                                              6.1            1.5             1.6
                                  1984                                                              6.3            1.0             1.6
                                  1985                                                              7.1            1.1             1.8
                                  1986                                                              9.4            1.5             1.7
                                  1987                                                             15.7            1.4             1.9
                                  1988                                                             15.9            2.2             2.4
                                  1989                                                             17.8            2.4             2.3

                                  Stack Legend Labels

                                  1 Retail
                                  2 Service
                                  3 Other




                                  P8ge 54                                           GAO/tiUDW116    Increase in Child Labor Violationa
                                  D8t8 Pointa for FQuree I.1 lkumgh   L7




Table 1X.7: Data for Figure I.7          ,.
                                  Number of violations
                                  Yew                                                        1              2              3
                                  1983                                                   4.962          1.038          3.679
                                  1984                                                   3,750            812          3,821
                                  1985                                                5088              1,032          4,181
                                  1986                                                7,937             1,193          4,725
                                  1987                                               11,174             1.479          8,710
                                  1988                                               11,953             1,616          7,946
                                  1989                                               15,506             2,004          6,798
                                  Line Legend Labels

                                  1 Hours standards
                                  2 Minimum age standards
                                  3 Hazardous occupations standards




                                  Pyre 66                                  GAO/ERMO4l6      Inawue   in ChUd L&or Violationa
Major Contibutors to This Report


                  Carlotta J. Young, Assistant Director, (202) 6238701
Human Resources   Charles A. Jeszeck,Assignment Manager
Division,         C.R. Deroy, Evaluator, Computer Science
Washington D.C.

                  Jack W. Erlan, Regional ManagementRepresentative
San Fkncisco      Cornelius B. Williams, Evaluator-in-Charge
Regional Office   Kathryn J. Rose,Evaluator




                  Page 56                         GA0/BRD4@118 InamaJ    in child I&or   V~tions
Page 07   GAO/HBBBO-116 Incease in Child Labor Violations
Page 58   GAO/HpDgoll6   Inueme in Child Labor Violatione
     Related GAO Fbcihts


                    Child Labor Violations and Sweatshopsin the U.S. (GAO/T-~~~90-18,
                    Mar. 16,199O).
                    “Sweatshops” in New York City: A Local Example of A Nationwide
                    Problem (GAO/HRD-W~O~BR, June 8, 1989).
                    “Sweatshops” in the U.S.: Opinions on Their Extent and Possible
                    Enforcement OptiOnS(GAO/HRD88-130BR, Aug. 30, 1988).
                    Fair Labor Standards Act: Enforcement of Child Labor Provisions in
                    Massachusetts(GAO/HRD~&W, Apr. 28,1988).
                    ChangesNeededto Deter Violations of the Fair Labor Standards Act
                    (GAO/HRDSMO, May29,1981).




     (ao5164)       Page 60                          GAO/~116     In-    in Child Labor Violations




--
P8ge 69   GAO/liUD~ll6   lmreaee in Child Labor Violations
__ ..-- _-. .-   - .- .- .-. ..- ..- .-- --.- -.--- - ---.--.-- ---    .-.        ..-. --...----..~-   --.. -...-.-.-.--
                      Kt~qut~~~~ I‘tbr- c,c)pivs c~t’t. 10 rt’port3   9tboutti   IN* st*llt to: