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    Child Farmworkers

Letter to Elaine Chao, U.S. Secretary of Labor


February 8, 2001

The Honorable Elaine Chao
Secretary of Labor
US Department of Labor
200 Constitution Avenue, NW
Washington DC 20210

Dear Secretary Chao:

Congratulations on your appointment as the new U.S. Secretary of Labor. Human Rights Watch looks forward to working with you and your department in protecting the rights of workers in the United States and abroad.

As you assume your new responsibilities, Human Rights Watch would like to bring to your attention our deep concern about the health and safety of hundreds of thousands of children who work as hired laborers in commercial U.S. agriculture.

Human Rights Watch is the largest U.S.-based organization monitoring human rights throughout the world. We conduct regular, systematic investigations of human rights abuses in some seventy countries, and are known for our impartial and reliable reporting.

Recently, we completed a two-year investigation of the conditions for children working as hired farm laborers in U.S. agriculture. Our resulting report, Fingers to the Bone: United States Failure to Protect Child Farmworkers (copy enclosed), was published in June of 2000. It is based on interviews with child farmworkers, farmworker advocates, experts, and government officials in the areas of labor, agriculture, and health and safety.

The report examines health and safety risks to child farmworkers, including pesticide exposure and inadequate sanitation; hazardous conditions, including work-related illnesses and injuries; wage and hour concerns, including wage fraud and excessive and inappropriate hours of work; the effect of farm work on education; and special risks to girls, including sexual harassment.

Among the report's findings:
  • Child farm workers frequently work long hours. We interviewed children who worked ten hours a day at age twelve, and others working twelve hours a day or more at the age of fourteen. Many worked six or six and a half days a week, sometimes beginning work as early as 3 a.m. These long hours of work interfere dramatically with the education of child farmworkers, leaving them too exhausted to study, and forcing them to miss classes. Ultimately, many drop out. Only 55% of farmworker children in the United States ever graduate from high school.

  • Child farmworkers are routinely exposed to dangerous pesticides. Many of the children we interviewed reported pesticide exposure and experiencing one or more symptoms of pesticide exposure, suffering rashes, headaches, dizziness, nausea and vomiting. Some reported working in fields while they were being sprayed, or when they were still wet with pesticides. Many were unaware of the dangers and symptoms of pesticide poisoning.

  • Many young farmworkers are forced to work without access to minimum sanitation requirements. Many of the children interviewed for our report had never seen a porta potty at their work sites. Half of the children interviewed said they had no access to water for hand washing, which significantly heightens the risk that pesticides will be ingested when workers eat their lunch. We also found that employers frequently provided inadequate amounts of drinking water, contaminated water, or no water at all, even though temperatures for workers may exceed 100 degrees.

  • Children working in agriculture suffer a high rate of injuries from knives and heavy equipment, and account for 40% of work-related fatalities among minors, even though they make up only 8% of children who work. They suffer injuries from sharp knives, falls from ladders, and may be crushed or maimed by tractors and other motorized farm equipment.

  • Child farm workers are vulnerable to musculoskeletal trauma, carbon monoxide poisoning, and heat illnesses. Many of the young workers we interviewed reported suffering mild to moderate heat illness, from working in hot weather conditions, with symptoms including dizziness, headaches, nausea and vomiting. Others reported chronic back and/or neck pain from constant bending, lifting and twisting.

  • Young farm workers are often cheated from receiving their rightful wages. One-third of those we interviewed reported earnings that were significantly less than minimum wage. Some earned as little as $2 an hour.

  • Young female farm workers are routinely subjected to sexual advances by farm labor contractors and field supervisors. Many do not speak English, do not know that sexual harassment is illegal, and fear losing their jobs or other retaliation if they report the abuse. Among farmworker advocates interviewed by Human Rights Watch, sexual harassment was a top concern.

Many of the difficulties and hazards that child farmworkers face are rooted in a two-tiered, double standard of protection in US labor law. Under the Fair Labor Standards Act (FLSA), child farmworkers are allowed to work at younger ages, for longer hours, and under more hazardous conditions than children in non-agricultural jobs. The FLSA allows children as young as twelve to work unlimited hours, and permit children of sixteen to work under hazardous conditions. In contrast, children in most other jobs cannot work before age fourteen, can only work three hours on a school day until age sixteen, and are prohibited from working under hazardous conditions until age eighteen.

Because the vast majority of child farmworkers are Latino and other racial minorities, this double standard of protection also amounts to de facto race-based discrimination.

As you know, the FLSA dates back to 1938, when nearly a quarter of the United States population still lived on farms. Today, only about 1.5 percent of U.S. residents live on farms, and mechanization, specialization, fertilizers, and other technical innovations have led to the phenomenal growth of large-scale agriculture. As a result, where once most children in agriculture were working on their own family farms, now most are working as hired hands for commercial enterprises. Unfortunately, the law has not kept pace with these dramatic changes.

Your predecessor, Secretary Alexis Herman, stated in June 2000 that current inconsistencies in the law were "unacceptable" and pledged support for legislative changes to bring child labor standards for hired farm workers in line with the standards that have long applied to other young workers. Specifically, she endorsed the Children's Act for Responsible Employment (CARE Act), which was introduced into the last Congress by Senator Tom Harkin. This legislation would amend the FLSA to raise the minimum age for employment in agriculture to fourteen, limit the number of hours that children aged fourteen and fifteen can legally work in agriculture, and strengthen sanctions against egregious child labor violators. This legislation would not impact children who work on their parents' farms, but is meant to better protect children working as hired laborers on commercial farms.

This legislation also has the support of the national Child Labor Coalition, which includes more than fifty national organizations. Unfortunately, the Congressional timetable did not allow for action on the CARE Act last year.

We urge you to publicly support amendments to the Fair Labor Standards Act, such as those proposed in the CARE Act, to ensure that all working children are protected equally. By establishing more appropriate age and hour restrictions for young workers in agriculture such legislative reform will help protect the health and safety of thousands of children, ensure that they stay in school and are better prepared for the time when they eventually enter the workforce.

Our report also found that to the limited extent that protections for child farmworkers exist in current law, they are inadequately enforced. Our report has recommended that the Department of Labor and the Environmental Protection Agency both take steps to more vigorously enforce relevant laws, and sanction violators to the fullest extent of the law. We have also recommended to the new Secretary of Agriculture that the U.S. Department of Agriculture significantly strengthen its educational and training programs for agricultural employers to ensure that all agricultural employers are fully aware of their legal responsibilities to protect their employees (including workers hired through farm labor contractors).

As Secretary of Labor, we urge you to ensure that the Department of Labor's Wage and Hour Division:
  • dramatically increases agricultural workplace inspections targeting child labor and minimum wage violations,
  • ensures that all violators are sanctioned to the fullest extent of the law,
  • utilizes the FLSA's "hot goods" provision, which prohibits the interstate movement of goods produced in violation of child labor or minimum wage laws, whenever possible;
  • vigorously enforces the OSHA Field Sanitation Regulations, which require employers to provide workers with drinking water, toilets, and hand washing facilities.
Coupled with stronger legal protections, we believe that these steps will help better safeguard the health and well being of our country's children.

We would welcome the opportunity to meet with you or your staff at any time to discuss these concerns or to provide additional information.

Thank you very much for your consideration.

Sincerely,


Lois Whitman
Executive Director
Children's Rights Division

cc:
Thomas M. Markey, Acting Administrator, Wage and Hour Division, U.S. Department of Labor
Senator James Jeffords, Chairman, Senate Committee on Health, Education, Labor and Pensions
Senator Edward Kennedy, Ranking Member, Senate Committee on Health, Education, Labor and Pensions
Senator Tom Harkin

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