June 2, 2000

FINGERS TO THE BONE

UNITED STATES FAILURE TO PROTECT CHILD FARMWORKERS

I.  SUMMARY..
II.  RECOMMENDATIONS
To The United States Congress
To the Wage and Hour Division, United States Department of Labor
To The Occupational Safety and Health Administration (OSHA), United States Department of Labor, and to "State-Plan" States
To The Environmental Protection Agency
To All States
III.  ADOLESCENT FARMWORKERS IN THE UNITED STATES:  ENDANGERMENT AND EXPLOITATION  
Introduction
Farmworker Poverty
Vulnerability of Farmworkers
Farm Labor Contractors
Health and Safety Risks
Pesticides
Sanitation
Hazardous Conditions; Work-Related Illnesses
Heat Illnesses
Musculoskeletal Trauma
Carbon Monoxide Poisoning Incident in Washington State
Hazardous Equipment; Work-Related Injuries
Depression and Substance Abuse
Underage Workers
Wage and Hour Concerns
Wage Fraud:  Earning Less than Minimum Wage
Excessive and Inappropriate Hours of Work
The Effect of Long Hours on Health and Education
The Effect of Farmwork on Education
Special Risks to Girls
Sexual Harassment
IV.  U.S. LAWS AND THEIR ENFORCEMENT:
AN ONGOING FAILURE TO PROTECT CHILDREN..
WORKING IN AGRICULTURE..
The Fair Labor Standards Act and Enforcement by the Department of Labor
Proposed Amendments to the FLSA Regarding Child Labor in Agriculture
Enforcement of the FLSA..
Inadequate Resources
Child Labor in Agriculture Not a Priority
Ineffective Sanctions
Growers' Avoidance of Liability
Failure to Coordinate with States
The Worker Protection Standard and other Environmental Protection Agency Regulations and their Enforcement
Arizona Enforcement of EPA Regulations
Field Sanitation Standards:  Federal OSHA and OSHA-Approved State Plans and their Enforcement
Arizona OSHA..
V.  FAILURE TO COMPLY WITH INTERNATIONAL LAW...
Violation of International Non-Discrimination Laws
ILO Convention Concerning the Prohibition and Immediate Elimination of the Worst Forms of Child Labour (Worst Forms of Child Labor Convention)
The Convention on the Rights of the Child
APPENDIX A: Selected Provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 201 - 219
APPENDIX B:  International Labor Organization Convention 182 and Recommendations
APPENDIX C:  Excerpts from the Convention on the Rights of the Child102