NCL calls on Senate to support Consumer Credit Fairness Act – National Consumers League

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June 25, 2009

Nation’s pioneering consumer organization urges lawmakers to protect consumers from usurious interest rates

Contact: 202-835-3323, media@nclnet.org

Washington, D.C. — The National Consumers League is pleased to support S.257, the Consumer Credit Fairness Act, which is scheduled to be considered today by the Senate Judiciary Committee. The Act, introduced by Sen. Sheldon Whitehouse (D-RI), would amend title 11of the United States Code “to disallow certain claims resulting from high cost credit debts.”

The following statement is attributable to Sally Greenberg, Executive Director of the National Consumers League:

“Consumer protection in light of the current economic downturn is crucial for the stimulation and revitalization of our economy. By modifying the bankruptcy code, this legislation, S.257 — the Consumer Credit Fairness Act — would help provide relief for consumers paying for excessive high-interest loans and who are subsequently overwhelmed by mounting debt. Furthermore, the legislation would create disincentives to debt issuers to offer such predatory loans in the first place. In the interest of protecting consumers from usurious interest rates, we urge the members of the Senate Judiciary Committee to approve this bill.”

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

An Induction into LifeSmarts – National Consumers League

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by Brandi Williams, LifeSmarts Program Assistant

As a newcomer to the National Consumers League, the 2009 LifeSmarts National Competition, held in St. Louis, Missouri from April 25 – 28, was my first opportunity to experience the energy that teens from around the country bring to the realm of consumer education. More than 300 students, coaches, families, sponsors, and volunteers from across the country converged in St. Louis for the four-day event, which was brought to an exciting conclusion when the final match between Washington state and Wisconsin was decided, and the Oconto High School team from Wisconsin emerged as the 2009 LifeSmarts National Champions . The semi-final and final matches were streamed live online by our friends at NextGenWeb! You can view the archive here.

Teens face similar challenges as their parents in making wise consumer choices. They are using the Internet to search for jobs, scholarships and information; they are opening bank accounts and depositing paychecks; they are analyzing costs and benefits to make responsible purchases of items like wireless phones, laptops, MP3 players, clothes and cars – and all the while developing the necessary skills for making financially and environmentally sound decisions. LifeSmarts teaches teens life skills and the value of consumer savvy in a variety of situations where marketplace skills and responsible decision-making are needed.

Coaches use the LifeSmarts.org site for finding relevant curricula to educate teens in the areas of health and safety, technology, personal finance, consumer rights and responsibilities, and the environment. Then, in a format that teens can relate to – a game-show – teens test their skills and knowledge through an online competition. Teams are formed, compete, and those with the highest scores then move on to an in-person state-wide competition, where the 1st place team is then invited to represent their state at the National LifeSmarts Championship.

Being at the National Competition showed me that these teens are excited about learning. The current state of our economy has shocked many teens into understanding the importance of making responsible financial decisions, making them eager to learn the skills they need and put them to use. Many people use the LifeSmarts.org site for personal education only. Participating in LifeSmarts, which is an extracurricular activity, is a personal choice for young adults who want to develop consumer and marketplace skills and carry them into adulthood. And while Oconto High School is the 2009 LifeSmarts National Champion, all LifeSmarts participants are champions in my book.

Tenenbaum a Good Match for Important CPSC Post – National Consumers League

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by Sally Greenberg, NCL Executive Director

Late last week, the Senate Commerce Committee held its confirmation hearing for Inez Tenenbaum, the President’s nominee to head the Consumer Product Safety Commission. Tenenbaum comes with a set of impressive credentials – she was State Superintendent of Schools for South Carolina for 9 years and in 2004 ran for the U.S. Senate – and lost against Jim DeMint (R-SC), one of the most right-of-center members of the Senate serving in Congress today. Tenenbaum is credited with working for child health and safety while State Superintendent and being a popular vote getter in the state.

Her performance during tough grilling by Commerce Committee members showed her mettle. She maintained her composure, answered a series of tough questions, and exuded Southern charm throughout the hearing. Indeed, as a testament to her winning style, the hearing began with Tenenbaum flanked on either side with both Republican Senators from South Carolina – Lindsay Graham and DeMint – both giving her their endorsement.

Tenenbaum will need all of her skill, talent, and experience: she is likely to face many challenges while implementing the Consumer Product Safety Improvement Act of 2008, the most comprehensive overall of the product safety law since the CPSC’s establishment in 1974. The CPSIA will require a handful of new standards for durable baby products, items you would find child’s nursery that have too often proved hazardous to children. The new law calls for mandatory standards on such products.

Tenenbaum will also oversee regulations on third party testing requirements for products before they hit the market, the opening up of the CPSC Web site to the public, and providing the public the ability to research product safety histories at the CPSC site. Of great concern to Senators in the South, particularly in Louisiana, is the use of imported Chinese drywall products in homes that have proved hazardous and made thousands of houses unlivable. Senator David Vitter (R-LA) urged Tenenbaum to make Chinese drywall a top priority when she is confirmed.

The CPSC, which regulates the safety of 15,000 household products, is in dire need of an infusion of funds and new leadership. Tenenbaum’s performance on Wednesday before a tough audience of U.S. Senators was impressive. She seems dedicated to and engaged in the task of making products safer, especially for children. Her winning personality will smooth the waters and help her to bridge the gap between the business and consumer communities on product safety.

Food Safety Bill Goes to House Floor – National Consumers League

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by Amos Budde, NCL Policy Intern

Once again, news from Capitol Hill:  The House Energy and Commerce committee held a full committee markup on the Food and Safety Enhancement Act yesterday, and it was unanimously adopted and to be sent to the House for a full vote.  Each year, 76 million Americans suffer foodborne illnesses; 5,000 die.  After the recent food scares and recalls of peanut butter, spinach, beef, berries, pet food, tomato products, and more, restoring confidence in the safety of our food supply has finally become a priority in Congress.  This bill aims to fix the gaps in our regulatory system, so that consumers can be sure that their food is safe to eat.

The Food Safety Enhancement Act gives the Food and Drug Administration (FDA) much-needed regulatory authority in a variety of areas, including:

  • Registering food facilities – All food producers in the US must register with the FDA and pay a $500 registration fee that will fund the new safety measures.
  • More inspections – “High risk” food facilities will be inspected every 6 – 18 months.  Many of these facilities are currently inspected only once per decade!
  • Electronic traceability – Food producers must have a “trace back” and “trace forward” system to track of where food is coming from and going to.
  • Giving the FDA more enforcement bite – The bill substantially increases fines for noncompliance with safety legislation.
  • Mandatory recalls – The FDA did not have the authority to do so previously; with the passage of this bill, they will.

The FDA will now be better able to detect problems when they arise and then respond more quickly and effectively.  Follow this link for a more in-depth look at the bill’s contents.

The most encouraging thing about this new approach is that stakeholders from all sides of the debate are coming together to support this bill.  Both Democrats and Republicans in the committee shared personal stories about how food poisoning or other illnesses had affected their own lives and those of their constituents.  Agricultural corporations and organizations like the Grocery Manufacturers of America recognize that food safety concerns were costing industries hundreds of millions of dollars each time a recall was required.

To build consensus and get broad support, the legislation failed to address some important issues, such as the extensive use of human antibiotics in livestock.  Rep. Jan Schakowsky (D-IL) offered an amendment on this issue, and while Committee Chair Henry Waxman (D-CA) said he sympathized with Schakowsky, he noted that the issue was not being addressed because it was too controversial.

In what will certainly be a contentious year for the Energy and Commerce Committee, (it has to produce both the Climate Change and Health Care Reform legislation) it seemed like the members were enjoying yesterday’s bipartisanship.  As long as this bill remains free of deal-breakers, it should soon become law.

Momentous Bill to Regulate Tobacco – National Consumers League

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By Amos Budde, NCL Public Policy Intern

Amos Budde is a rising senior and Mathematics major at Brown University, also studying Economics and Public Policy. He hails from Minneapolis, MN and is excited to be working on consumer rights issues with the National Consumers League.

There was strong bipartisan support for consumer rights last week, as both the Senate and the House passed legislation by wide margins allowing the United States Food and Drug Administration (FDA) to regulate tobacco. President Obama has said he intends to sign the bill.

Tobacco has long been a hold-out in the regulatory system, as tobacco companies have spent millions each year lobbying against FDA regulation. Meanwhile, smoking continues to be linked to 400,000 deaths annually and results in enormous medical costs for the treatment of smoking-related illnesses. While smoking will never be part of a healthy lifestyle, we consumers will now be better able to tell what ingredients are in tobacco products, and the FDA will work to ensure that the inclusion of dangerous chemicals is limited to a safe amount.

Congress will also give the FDA strict rules on the marketing of tobacco, especially to adolescents. Candy and sweet flavoring in tobacco products will be banned, and tobacco companies can no longer use words such as “light,” or “low” that suggest that the products are less dangerous. Check out Project Vote Smart to learn more about some of the major provisions of the bill.

This is all welcome news. Tobacco companies in the past have offered to voluntarily curb their marketing to teens, but these efforts have failed to reduce the number of under-age smokers. This bill provides comprehensive reform on the relationship between tobacco companies and consumers, and will allow us more informed decisions when it comes to using tobacco.

Interestingly, tobacco giant Phillip Morris has been a staunch supporter of the new rules and regulations, while smaller rivals have been opposed. Increased regulation will be a larger burden on smaller tobacco companies, and a restriction on advertisement makes it difficult for new brands to enter the market. This allows the already popular Philip Morris brands to benefit from reduced competition, and democrats and republicans alike have benefited from having such a powerful corporate ally in a bill to regulate tobacco.

While this is a landmark moment for consumer rights, it will still require active review of the lobbying efforts of Phillip Morris and other tobacco companies. Now that the power is with the FDA, we need to make sure the regulation still focuses on the consumer.  Keeping us safe and able to make informed decisions should be the FDA’s top priority.

Consumer Advocates Crossing the Atlantic – National Consumers League

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By Sally Greenberg, NCL Executive Director

Over the past few days I’ve been participating in the annual Trans Atlantic Consumer Dialogue, or TACD in Brussels. The organization is celebrating its 10 year anniversary, these days bringing together more than 80 consumer organizations, from both the American and European sides, to discuss issues jointly and press international officials on their responses to a range of consumer concerns. On the European side, 31 countries participated with the group “BEUC” acting as the European umbrella consumer organization.

TACD was launched by consumer advocates on both sides of the Atlantic as a way of balancing the Trans Atlantic Business Dialogue. TACD has proved a valuable tool for advancing the consumer cause internationally. In Brussels, consumers had a day of meetings, consulted with one another about joint concerns, shared our respective legislative or administrative initiatives, and planned for our meetings with government officials. On the second day, we talked with these officials and shared questions and concerns. From the United States, we met with representatives from the office of the U.S. Trade Representative, the FDA, and the FTC stationed in Brussels. On our last evening, we were invited to the American mission in Brussels for a reception and a meeting with the top American officer, the Charge d’Affaires Christopher Murray.

On our agenda were many current pressing consumer issues, including financial services, advertising to children, global warming, food safety, nanotechnology, product safety, and intellectual property concerns.

Sadly, when the American economy goes south, markets across the globe are brought down with it. With the world’s economy in a tailspin and unemployment rates up higher than they’ve been in decades, the condition of the banking systems in Europe and the United States has greater significance than it has in many decades.  Consumer advocates at TACD talked at length about efforts to learn from this economic crisis – a crisis that has reduced by 40 percent the value of retirement and college savings. We are keenly aware that our system collapsed under the weight of an array of risky financial products and faulty mortgages in the areas of the American banking system that are lacking in proper regulation. We all discussed strategies for putting better protections in place for consumers.

Another issue growing in importance to consumers is nanotechnology, the use of tiny particles now found many of the products consumers use daily – sunscreen lotions, lipstick, baby powders. We don’t really know what the effect of these nano products might be on our safety and health, and consumer advocates are concerned that our product safety agencies don’t have the expertise or resources to properly study these effects. So much work is needed here in the coming years.

During my decade-plus of working on consumer issues, learning about what other countries are doing on financial protections, product safety, or any other consumer issue is extremely valuable. It tells us that something we are asking for is possible, and regulation and consumer protections won’t bring down an entire industry, as our adversaries sometimes argue.

Among the comments I’ll remember from the conference, here are two of my favorites: Jim Guest, president of Consumers Union, publisher of Consumer Reports, predicted that the next 10 years – with a new administration in Washington and a far more consumer friendly Congress – would be the “decade of the consumer.” Monique Goyens, the charming new head of BEUC, told TACD that consumer advocacy was far more than simply educating consumers and expecting them to know how to protect their interests. Complicated documents with many pages of fine print or hard to understand safety manuals are unacceptable. Goyens closed with this: “being a consumer shouldn’t be a full time job.”  I couldn’t agree more. TACD is a valuable tool for addressing risks consumers face in a global economy.

NCL supports confirmation of Inez Moore Tenenbaum as CPSC chair – National Consumers League

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June 16, 2009

Nation’s Pioneering Consumer Organization Urges Swift Confirmation to Speed Implementation of Consumer Protection Agenda

Contact: 202-835-3323, media@nclnet.org

Washington, D.C.—The National Consumers League (NCL) applauds the hearing by the U.S. Senate Committee on Commerce, Science and Transportation of Inez Moore Tenenbaum, former Superintendent of Schools for South Carolina, as Chairwoman of the Consumer Product Safety Commission (CPSC). Having previously supported President Obama’s nomination, NCL calls for a swift confirmation of Tenenbaum.

The following statement can be attributed to Sally Greenberg, Executive Director of the National Consumers League:

“Elected for two consecutive terms as Superintendent of South Carolina Public Schools and founder of the south Carolina Center for Family Policy — a non-profit organization advocating for reform in the state’s juvenile justice system — Tenenbaum’s experience attests to her commitment to child safety and health.”

“If confirmed, Tenenbaum’s extensive background in public policy will help her in implementing the Consumer Product Safety Improvement Act of 2008. We again welcome Tenenbaum to Washington and look forward to working with her and the Commission to restore its original mandate – protection consumer from hazardous products.”

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL supports confirmation of Genchowski, McDowell for FCC – National Consumers League

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June 16, 2009

NCL Statement of Support for Senate Confirmation of FCC Chair-Designate Julius Genchowski and Commissioner Robert McDowell

Contact: 202-835-3323, media@nclnet.org

Washington, D.C.—The National Consumers League (NCL) applauds the confirmation hearings of the U.S. Senate Commerce Committee on the nominations of Julius Genachowski, as Chairman of and Robert McDowell, as Commissioner of the Federal Communications Commission (FCC). NCL calls on the Committee to swiftly confirm both Genachowski and McDowell.

The following can be attributed to Sally Greenberg, Executive Director of the National Consumers League:

Julius Genachowski has demonstrated a dedication to the growth of innovative telecommunication services through his work both at the FCC under former Chairman Reed Hundt and in the private and non-profit sectors with IAC/InterActiveCorp.and Common Sense Media, among his other activities If confirmed, we look forward to working with him to ensure that consumer interests are well-represented as the FCC moves to implement its large and growing agenda.

In his three years with the FCC, Commissioner McDowell has shown a willingness to engage with the public interest community on a range of issues such as competition policy, spectrum reform, and broadband access. We look forward to continuing to work with the Commissioner, should he be reconfirmed.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Worst teen jobs: meatpacking – National Consumers League

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Here is a list of some of the most dangerous jobs for teens.

 

Meatpacking

In addition to the five worst teen jobs that teens are legally allowed to perform, NCL would like to warn working youth to steer clear of jobs in the meat packing industry.

Although workers are supposed to be18 to work in these plants, federal immigration raids in plants in Iowa and South Carolina in 2008 found children as young as 15 working. Reports that 50 teens may have been working in the Agriprocessors plant in Postville, Iowa and the more than 9,000 child labor violations alleged against the plant by the State of Iowa have raised great alarm among child labor and child welfare advocates. Meat processing work is very dangerous, requiring thousands of cutting motions a day with sharp knives. In a visit to Postville last summer, NCL staff interviewed a young worker who cut himself while processing meat when he was only 16 years old.

One of the examples we provided in our forklift section involved a 17-year-old who was killed in a forklift accident in a meatpacking plant.

In addition to being dangerous, the work is messy, bloody, exhausting and too demanding for teens. NCL asks employers and federal and state labor investigators to make sure that no youth under the age of 18 are working in meat processing.

Agriculture

Farms look safe but they are actually very dangerous workplaces. Agriculture is consistently ranked as one of the most dangerous industries in America. In its 2008 edition of Injury Facts, The National Safety Council ranked it as the most dangerous industry, with 28.7 deaths per 100,000 adult workers. According to Kansas State University (KSU) in 2007, there were 715 deaths on farms involving workers of all ages. More than 80,000 workers suffered disabling injuries. Working with livestock and farm machinery caused most of the injuries and tractors caused most of the deaths, according to John Slocombe, an extension farm safety specialist at KSU.

Agriculture poses dangers for teens as well. According NIOSH, between 1995 and 2002, an estimated 907 youth died on American farms. Between 1992 and 2000, more than four in 10 work-related fatalities of young workers occurred on farms. Half of the fatalities in agriculture involved youth under age 15. For workers 15 to 17, the risk of fatal injury is four times the risk for young workers in other workplaces, according to U.S. Department of Labor’s Bureau of Labor Statistics.

In 2006, an estimated 5,800 children and adolescents were injured while performing farm work. Every summer young farmworkers are run over or lose limbs to tractors and machinery. Heat stress and pesticides pose grave dangers. Riding in open pickups is another danger on farms.

The dangers of farm work for youth are highlighted in the following injuries and fatalities:

  • While driving a tractor as he loaded stone in Skaneateles, N.Y. in October 2008, John Rice, 16, lost control. The tractor began rolling backwards down a hill. The tractor overturned, ejecting Rice, running him over and causing critical injuries that nearly killed him.
  • In September 2008, Jacob Kruwell, age 14, was driving a tractor in Lake Mills, Wisconsin when the wheels went off the pavement, causing the load he was carrying to shift and flip the tractor onto the young teen, killing him.
  • Matthew Helmick, 16, died when the tractor he was driving overturned on the farm that his family owned in Doylestown, Ohio in August 2008. According to reports, Helmick was turning the tractor into a driveway and made the turn too fast, hitting an embankment and causing the tractor to flip. He was pinned underneath the vehicle.
  • A 15-year-old boy, Michael Paul Young, died in June 2008 on a Western Kentucky farm as he worked beside his father and brothers. Young fell into a truck load of grain that acted like quicksand. He sank into the grain and died of asphyxiation before his family and fellow workers could rescue him.
  • In May 2008, Maria Isabel Vasquez Jimenez, a 17-year-old farmworker, died of heat stroke after working nine and a half hours in a California vineyard as temperatures hovered in the mid-90s. Jimenez was pregnant at the time. According to the United Farm Workers and the girl’s family, the labor contractor in the vineyard ignored California laws that require workers to be given breaks and provided with shade. Workers also said they were not given adequate amounts of water.
  • Edilberto Cardenas, 17, died in a Groveland, Florida citrus grove in January 2008—his first day on the job. Cardenas was emptying bags of oranges into a truck when then truck backed up and ran him over.In December 2006, a 10-year-old Florida youth accidentally ran over his 2-year-old brother while driving a pickup truck in a Florida orange grove. The boy had been driving trucks in the fields since he was only 8 years old.
  • A 13-year-old Illinois youth died after he became entangled in the beaters of a forage wagon. The youth was helping his cousin feed cattle in a farm pasture. The death occurred when the boy climbed on the front of the wagon to dislodge clumps of hay. The legs of his pants became entangled in the rotating beaters. The youth was spending the summer at a relative’s farm in Minnesota where the accident occurred. (September 2005)

Loopholes in current child labor law allow children to work in agriculture at younger ages than children can work in other industries. It is legal in many states for a 12-year-old to work all day under the hot summer sun with tractors and pickup trucks dangerously criss-crossing the fields, but that same 12-year-old could not be hired to make copies in an air-conditioned office building. Because of the labor law exemptions, large numbers of 12- and 13-year-olds—usually the children of migrant and seasonal farmworkers—can be found working in the fields in the United States.

An estimated 400,000 youth under the age of 16 help harvest our nation’s crops each year, and the exemptions allow even younger kids to work legally on very small farms. Field investigations by the Association of Farmworker Opportunity Programs, a member of the Child Labor Coalition, have found children working in the fields at the age of 9 and 10. NCL and the Child Labor Coalition believe the long hours of farm work for children under 14 is deleterious to their health, education, and well-being and should be illegal. NCL has long supported legislation that would apply child labor age restrictions to all industries, including agriculture.

Exemptions in the law also allow teens working on farms to perform tasks deemed hazardous in other industries when they are only 16—as opposed to 18 for the other industries. For example, a worker must be 18 to drive a forklift at retail warehouse but a 16-year-old is legally allowed to drive a forklift at an agricultural processing facility. NCL does not believe such exemptions are justified. Driving a forklift is dangerous and should not be undertaken by minors.

In agriculture, 16- and 17-year-olds can work inside fruit, forage or grain storage units, which kill workers every year in suffocation accidents; they can also operate dangerous equipment like corn pickers, hay mowers, feed grinders, power post hole diggers, auger conveyors and power saws. NCL and the Child Labor Coalition, which it coordinates, are working to eliminate unjustified exemptions to U.S. Department of Labor safety restrictions based on age.

According to SafeKids USA, only about 5 percent of farms in the United States are covered by safety regulations under the Occupational Safety and Health Act. Children working on family farms with their parents are not protected by safety laws.

Construction

According to Bureau of Labor Statistics fatality records, construction and roofing are two of the ten most dangerous jobs in America. In 2007, an estimated 372,000 workers of all ages were injured in construction accidents and construction led other industries in the number of deaths among all workers: 1,178. A construction worker is nearly three times as likely to die from a work accident as the average American worker.

Young workers are especially at risk given their relative inexperience on work sites and commonplace dangers construction sites often pose. According to NIOSH in 2002, youth 15-17 working in construction had greater than seven times the risk for fatal injury as youth in other industries, and greater than twice the risk of workers aged 25-44 working in construction. In a 2003 press release, NIOSH noted that despite only employing 3 percent of youth workers, construction was the third leading cause of death for young workers.

In 2007, five working youths died in falls—a common cause of death in construction accidents. Among workers 18 and 19, the number of deaths from falls was 11.

Examples of recent teen construction deaths include the following:

  • In January, Danilo Riccardi Jr. was trying to get water from a trench so that he could mix concrete when he fell into the large room-sized hole. A muddy mixture of sand and water soon trapped him like quicksand. By the time rescuers arrived, the boy was dead, submerged under the liquid mixture. It took almost three hours to dig his body out.
  • A 15-year-old Lawrenceville, Georgia boy, Luis Montoya, performing demolition work, fell down an empty escalator shaft 40 feet to his death. According to a spokesman for the Georgia Department of Labor, minors—defined in the state as being 15 years old—are not allowed to work on construction sites. The company that employed the boy, Demon Demo had been fined by OSHA in 2005 and 2008 because workers did not wear required safety harnesses to prevent falls. The fine in the second violation was reduced from a $4,000 penalty to $2,000. Montoya was not wearing a safety harness when he fell.
  • Bendelson Ovalle Chavez, a 17-year-old resident of Lynn, Massachusetts, was fixing a church roof in September 2007 when he fell 20 feet to his death. Employed by the company two months earlier, he had received no training or information about how to prevent falls, according to a report by the Massachusetts AFL-CIO and the Massachusetts Coalition for Occupational Safety and Health.
  • In July 2007, James Whittemore, 17 died while taking down scaffolding at a construction project in Taunton, Massachusetts. The teen was helping his father remove the scaffolding when a pole he was holding fell against a high-voltage electrical wire and he was electrocuted. The boy died in his father’s arms.
  • That same month, Travis DeSimone, 17, was working on a Marlborough, New Hampshire farm, converting a barn into a kennel, when a concrete wall collapsed and killed him.

Roofing, siding, sheet metal work, electrical work, concrete work all pose serious dangers. Falls, contact with electric current, transportation incidents, and being stuck by objects are among the most common causes of construction accident deaths.

Federal child labor law prohibits construction work for anyone under 16 years of age (although youths 14 and 15 may work in offices for construction firms if they are away from the construction site).

Labor law regarding work at heights has some inconsistencies. Minors 16 years and older may work in heights, as long as it is not on or about a roof. They can work on a ladder, scaffold, in trees, and on structures like towers, silos, and bridges.

Back to the Top

Driver/Operator of Forklifts, Tractors, and All-Terrain Vehicles (ATVs)

Forklifts, tractors, and all-terrain vehicles pose dangers for many young workers. Several youth tractor accidents have been detailed in our section on agricultural fatalities and injuries. Some recent forklift and vehicle accidents involving youth:

  • On May 11th, Miguel Herrera-Soltera drove a forklift up a ramp when it tipped over. The boy fell out of the forklift and it landed on top of him. Fellow workers used another forklift to extricate the boy, but he died at the hospital.
  • In March 2008, a 15-year-old suffered a serious leg injury in a Portland, Oregon wrecking lot when a 17-year-old co-worker operating a front loader knocked over a stack of cars and part of a concrete wall collapsed onto the younger boy. No one under 18 is allowed by law to work in an auto wrecking area, or operate a front loader, according to The Oregonian newspaper.
  • John Sanford, 18, a forklift operator in Toledo, mistakenly thought he put his forklift in park. The machine was in neutral and when Sanford walked in front of it, he was pinned between a trash receptacle and the lift and killed. (December 2007)
  • A 17-year-old in California died when the forklift he was operating at a grain and hay store rolled over on him. The youth had only been employed one hour and misguidedly took the initiative to operate the forklift. (June 2004)
  • In Iowa, an 8-year-old was killed helping his father and neighbor chop hay for silage on their dairy farm. The youth was helping, driving to and from the field location on a 4-wheel ATV to assist his father hook up each silage wagon. The boy drove up a slight embankment causing the ATV to roll over on its top and pinning him to the ground. (Summer 2004).
  • A 13-year-old Arkansas youth died when the ATV he was driving tipped over on a levee between catfish ponds. The minor was pinned under the water and drowned. (March 2003).

Each year, nearly 100 workers are killed in forklift accidents. Another 20,000 workers are seriously injured in forklift-related accidents. Many of these injuries occur when workers are run over, struck by, or pinned by a forklift. U.S. child labor law mandates an age of 18 to operate a forklift unless the forklift is being operated on an agricultural facility—then the youth operating the forklift can be 16. NCL can think of no rationale for this disparity in safety standards, and child labor advocates in Washington are asking Congress to raise the age to 18 for all operators.

Tractor-related incidents are the most common type of agricultural fatality in the U.S. Increasingly, tractors are being used in non-agricultural industries, like construction, manufacturing, and landscaping. Tractor overturns are the most common event among tractor fatalities, and was the primary cause of tractor-related fatality among youth workers.

ATVs resulted in 44,700 serious injuries of youth under 16. The U.S. Consumer Product Safety Commission (CSPC) reported that in 2004, 130 children under the age of 16 died in ATV accidents. The Associated Press reported that more than 100 kids died in 2006, although clearly the majority of the fatalities were in non-work-related accidents.

Drivers

Forklifts, tractors, and all-terrain vehicles pose dangers for many young workers. Several youth tractor accidents have been detailed in our section on agricultural fatalities and injuries. Some recent forklift and vehicle accidents involving youth.


  • On May 11th, Miguel Herrera-Soltera drove a forklift up a ramp when it tipped over. The boy fell out of the forklift and it landed on top of him. Fellow workers used another forklift to extricate the boy, but he died at the hospital.
  • In March 2008, a 15-year-old suffered a serious leg injury in a Portland, Oregon wrecking lot when a 17-year-old co-worker operating a front loader knocked over a stack of cars and part of a concrete wall collapsed onto the younger boy. No one under 18 is allowed by law to work in an auto wrecking area, or operate a front loader, according to The Oregonian newspaper.
  • John Sanford, 18, a forklift operator in Toledo, mistakenly thought he put his forklift in park. The machine was in neutral and when Sanford walked in front of it, he was pinned between a trash receptacle and the lift and killed. (December 2007)
  • A 17-year-old in California died when the forklift he was operating at a grain and hay store rolled over on him. The youth had only been employed one hour and misguidedly took the initiative to operate the forklift. (June 2004)
  • In Iowa, an 8-year-old was killed helping his father and neighbor chop hay for silage on their dairy farm. The youth was helping, driving to and from the field location on a 4-wheel ATV to assist his father hook up each silage wagon. The boy drove up a slight embankment causing the ATV to roll over on its top and pinning him to the ground. (Summer 2004).
  • A 13-year-old Arkansas youth died when the ATV he was driving tipped over on a levee between catfish ponds. The minor was pinned under the water and drowned. (March 2003).

Each year, nearly 100 workers are killed in forklift accidents. Another 20,000 workers are seriously injured in forklift-related accidents. Many of these injuries occur when workers are run over, struck by, or pinned by a forklift. U.S. child labor law mandates an age of 18 to operate a forklift unless the forklift is being operated on an agricultural facility—then the youth operating the forklift can be 16. NCL can think of no rationale for this disparity in safety standards, and child labor advocates in Washington are asking Congress to raise the age to 18 for all operators.

Tractor-related incidents are the most common type of agricultural fatality in the U.S. Increasingly, tractors are being used in non-agricultural industries, like construction, manufacturing, and landscaping. Tractor overturns are the most common event among tractor fatalities, and was the primary cause of tractor-related fatality among youth workers.

ATVs resulted in 44,700 serious injuries of youth under 16. The U.S. Consumer Product Safety Commission (CSPC) reported that in 2004, 130 children under the age of 16 died in ATV accidents. The Associated Press reported that more than 100 kids died in 2006, although clearly the majority of the fatalities were in non-work-related accidents.

Landscaping

Landscaping and yard work is a frequent entry point into the job market for teenagers. However, the sharp implements and machinery used to do the work present dangers for teens. Often young workers are left unsupervised for long periods of time. The job also requires a great deal of time spent driving in vehicles which, as we have noted, is a dangerous work-related activity.

hese incidents highlight the dangers of outside work:

  • A 15-year-old Florida youth died of electrocution while trimming trees. The youth was standing on an aluminum ladder holding a pole saw when it hit a wire. (May 2005)A 16-year-old Oklahoma youth died when he was struck by lightening while working as a general laborer for a landscaping company. The youth was standing in the bed of a dump truck, where he was manually moving pallets of rocks from the truck to a front-end loader. The youth had worked for the company for three weeks. (July 2004)
  • A 15-year-old Maryland youth was killed when he fell into a mulch spreading truck. The machine, called a bark blower, churns mulch with a large spinning device called an auger and then disperses it through a hose. The machine had jammed and the teen had gotten on top of the truck to see why the mechanism wasn’t working. He had been with the company for a couple of weeks. (May 2004)
  • Landscaping, groundskeeping, and lawn service workers use hand tools such as shovels, rakes, saws, hedge and brush trimmers, and axes, as well as power lawnmowers, chain saws, snow blowers, and power shears. Some use equipment such as tractors and twin-axle vehicles. These jobs often involve working with pesticides, fertilizers, and other chemicals. Rollovers from tractors, ATVs, and movers are a risk. Tree limb cutting and lifting and carrying inappropriately heavy loads are another potential danger; so is handling chemicals, pesticides, and fuel. Contact with underground or overhead electrical cables presents electrocution dangers.

Federal Child Labor Law

Minors who are age 16 and older may be employed in landscaping and operate power mowers, chain saws, wood chippers, and trimmers. The operation of all-terrain vehicles (ATVs) or tractors for non-agricultural labor is only prohibited if the equipment is used for transporting passengers, an activity prohibited for minors under age 18.

Traveling Sales Crews

Parents should not allow their children to take a traveling sales job. The dangers are too great. Without parental supervision, teens are at too great a risk of being victimized. Traveling sales crew workers are typically asked to go to the doors of strangers and sometimes enter their homes—a very dangerous thing for a young person to do.

Frequent crime reports involving traveling sales crews suggests that the environment they present is not a safe one for teen workers. And with four in 10 worker fatalities coming from vehicle accidents, NCL urges teens not to accept any job that involves driving long distances or for long periods of time.

The Better Business Bureau (BBB) warned consumers in May 2009 that deceptive sales practices are common in door-to-door sales—the group had received 1,100 complaints in the prior year. “Experience tells us that customers aren’t the only victims of [these scams],” said Michael Coil, President of BBB of Northern Indiana, “the young salespeople are also potentially being taken advantage of by their employers and forced to work long hours, endure substandard living conditions and have their wages withheld from them.”

In May 2008, police in Spokane, Washington investigated a 16-year-old’s claim that she was held as a captive worker by a door-to-door sales company. She escaped after the sales crew leaders beat up her boyfriend because he wasn’t selling enough magazines.

Unscrupulous traveling sales companies charge young workers for expenses like rent and food that requires them to turn over all the money they ostensibly make from selling magazines or goods. When they try to quit or leave the crew, they are told they can’t. Disreputable companies have been known to seize young workers’ money, phone cards, and IDs and restrict their ability to call their parents. Drug use and underage drinking are not uncommon. A New York Times report in 2007 found that crew members often make little money after expenses are deducted.

Among the possible dangers:

Murder:

  • In November 2007, Tracie Anaya Jones, 19, who was a member of a traveling sales crew, was found dead of stab wounds. Originally from Oregon, Jones was last seen working in Little Rock Arkansas before her body was found 150 miles away in Memphis, Tennessee. Her killing remains unsolved and is featured on America’s Most Wanted Web site.
  • In Rapid City, South Dakota in April 2004, a 41-year-old man was charged with murdering a 21-year-old woman who came to his home to sell magazines.

Robbery: Working in unknown neighborhoods poses risks, especially if you are carrying money from sales or goods to sell.

  • Although not part of a traveling sales crew, a 12-year-old selling candy for a school fundraiser in a Jacksonville, Florida neighborhood in March 2009 was robbed by three individuals who drove up to her in a car.
  • In April 2003, a 16-year-old Texas youth selling candy was robbed and shot in the stomach by two teens.

Assaults:

  • In May 2009 in Bethesda, Maryland, a 19-year-old woman selling magazines was attacked and nearly raped by someone she encountered while selling magazines door-to-door.
  • In Lawton, Oklahoma, a 19-year-old Nevada woman was selling magazines door-to-door in February 2009 when her potential customer invited her in. The man gave her something to drink and she awoke several hours later and realized she had been raped.
  • A 19-year-old Ohio magazine sales person was assaulted by three men who expressed an interest in buying magazines. The victim was waiting for a pickup by co-workers when she was approached, abducted, and sexually assaulted (April 2003).

Reckless driving: traveling sales crews face greater risk of vehicle accidents and in many cases, crew leaders are driving without licenses or driving on suspended licenses. Vehicles are not always maintained properly and the use of 15-passenger vans in some cases presents safety concerns.

  • In November 2005, two teenagers were killed and seven were injured when the van they were riding in flipped near Phoenix, Arizona. The vehicle crossed a median strip, and ended up in the opposite lanes of a freeway. All nine occupants, who worked for a magazine subscription company, were thrown from the vehicle.
  • A month earlier, 20-year-old, James Crawford, was ejected and killed from a van crash in Georgia. Eighteen young adults were crammed into the 15-passenger van. The driver fell asleep and was allegedly driving under the influence of marijuana. The occupants were heading north from Florida to sell magazine subscriptions.
  • Two young salespersons, age 18 and 19, were ejected from a vehicle and pronounced dead at the scene after a vehicle accident in which 15 salespersons were crammed into a 10-year-old SUV that rolled over on a highway in New Mexico (September 2002).
  • In 1999, seven individuals travelling as a sales crew were killed in an accident in Janesville, Wisconsin. Five other passengers were injured, including one girl who was paralyzed. The driver of the van, who was trying to elude a police chase, did not have a valid drivers license and attempted to switch places with another driver when the accident occurred. The fatality victims included Malinda Turvey, 18, who has inspired ground-breaking legislation—Malinda’s Act—which passed in Wisconsin in April 2009 to regulate traveling sales crews.

Desertion: young salesmen have been stranded if they try to quit or do not sell enough.

Exposure: crews often work in bad weather, walking miles in blazing heat or in cold weather.

Arrest: crews often operate without proper licenses and permits and young sales people are subject to arrest.

Sexual exploitation: young workers, far from home, are at special risk of exploitation from older crew leaders and crew members.

At any given time, there are as many as 50,000 youth under the age of 18 involved in youth peddling crews.

The National Consumers League has material on its Web site that young workers should look at before they consider taking a traveling sales job here.

Tips for parents of job-seeking teens – National Consumers League

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Your teen’s got an eye on a part-time job? How to keep your eye on your young worker:

Be involved
Before the job search begins, make decisions with your teen about appropriate employment. Set limits on how many hours per week he or she may work. Make sure your child knows you are interested in his or her part-time job.

Check it out
Meet your teen’s supervisor, request a tour of the facilities, and inquire about the company’s safety record. Ask about safety training, duties, and equipment. Don’t assume the job is safe. Every workplace has hazards.

Talk, talk, talk – and listen, too
Ask questions about your teen’s job. Ask teachers to give you a heads-up if grades begin to slip. Frequently ask your teen what she or he did at work and discuss any problems or concerns.

Watch for signs
Is the job taking a toll on your teen emotionally or physically? How is your child’s performance at school? If there’s a loss of interest in or energy for school or social activities, the job may be too demanding.

Know the laws
Child labor laws exist to protect your teen. Check the state and federal child labor laws at Youth Rules.