Child
Labor Coalition
Phone 202.835.3323 Fax 202.835.0747
email
childlabor@stopchildlabor.org www.stopchildlabor.org
2003 Child Labor State
Respondents: 39
state labor departments, (or equivalent) child labor contacts
Alabama,
Alaska, Arizona, Arkansas, California, Connecticut, Delaware, Florida, Georgia,
Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Minnesota,
Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North
Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota,
Tennessee, Texas, Vermont, Washington, West Virginia, Wisconsin, and Wyoming
Non-Respondents: 12 state labor
departments including the
Colorado,
District of Columbia, Louisiana, Maryland, Massachusetts, Michigan,
Mississippi, New Jersey, Pennsylvania, Rhode Island, Utah, and
Response Rate: 75
percent
Date Of Survey: January 2004
Prepared
by the National Consumers League for the Child Labor Coalition,
June
2004
2003 Child Labor State
State Child Labor Enforcement Personnel in 2003
·
539 compliance officers are responsible for enforcing all state labor
laws (including child labor) in 39 states (In 2002 – 528). 28 of the total of 539 are responsible for
investigating child labor compliance/violations exclusively (in 2002- 26).
- 22
states (more than half of survey respondents) have ten or fewer compliance
officers who are responsible for enforcing labor laws in the state,
including child labor. Only four
states have a total number of 25 or more compliance officers. Four states have no compliance
officers. Top state with
enforcement personnel is
- Average
compliance officer presence in reporting states:
- 13.8
compliance officers (counting
- 11.8
compliance officers (not counting
Child Labor Inspections in 2003
- Total
inspections for labor law compliance (including child labor) and
inspections finding child labor violations:
- Total
Inspections: 38 states report
62,621 (down from 2002 – 33 states conducting 62,755)
- Total
Inspections Finding Child Labor Violations: 36 states report 14,469 (up
from 2002 -- 33 states reporting 6,015
- Total
illegally employed minors found in 30 reporting states: 4,755 (down from 2002 – 22 states
reporting 5,437 minors)
- Only
seven states reported conducting inspections targeting child labor
compliance in agriculture with four states reporting finding child labor
violations. A total of 75 minors
were illegally found employed in three states; one state could not provide
figures.
- 98
percent of all inspections in agriculture were in the states of CA (855
inspections) and FL (3,326 inspections).
- In
total, 39 reporting states collected a total of $1,865,249 for child labor
violations (2002 – 39 states reported collecting $2,586,724). Twelve states reported either the state
does not exercise authority to assess/collect civil money penalties or the
state does not have the authority to do so.
- The
top five child labor violations related to minors engaged in prohibited
activities involved: motor vehicle
operations (including delivery driving, forklifts); construction
(including roofing); food preparation (cooking, slicers, bakery machines);
power-driven machinery/saws; and manufacturing.
Other Data
- Eight
states reported occupational deaths among minors under age 18 with a total
of 10 deaths.
- Eleven
states reported changes in their child labor laws/regulations.
Child Labor Enforcement In FY 2003
1. How many compliance officers
enforce labor laws in your agency? (Count only those actually out conducting
inspections). Breaking down the total, how many are
responsible to inspect workplaces for child labor compliance/violations exclusively;
how many are responsible to inspect workplaces for all labor
compliance/violations (of which child labor is included).
State
|
Total Compliance Officers |
Child Labor Exclusively |
All Labor Compliance |
|
|
3 |
3 |
0 |
|
AK |
11 |
0 |
11 |
|
AZ |
1 |
1 |
0 |
|
AR |
5 |
0 |
5 |
|
CA |
57 |
0 |
57 |
|
CT |
4 |
0 |
4 |
|
DE |
10 |
0 |
10 |
|
FL |
20 |
6 |
14 |
|
GA |
70 |
1 |
69 |
|
HI |
12 |
0 |
12 |
|
ID |
0 |
0 |
0 |
|
IL |
10 |
0 |
10 |
|
IN |
** |
6 |
0 |
|
IA |
19 |
0 |
19 |
|
KS |
5 |
0 |
5 |
|
KY |
21 |
0 |
21 |
|
ME |
3 |
0 |
3 |
|
MN |
6 |
0 |
6 |
|
MO |
13 |
2 |
11 |
|
MT |
0 |
0 |
0 |
|
NE |
6 |
0 |
6 |
|
NV |
8 |
0 |
8 |
|
NH |
10 |
0 |
10 |
|
NM |
9 |
1 |
8 |
|
NY |
88 |
0 |
88 |
|
NC |
12 |
0 |
12 |
|
ND |
11 |
0 |
11 |
|
OH |
17 |
0 |
17 |
|
OK |
1 |
1 |
0 |
|
OR |
12 |
0 |
12 |
|
SC |
8 |
0 |
8 |
|
SD |
0 |
0 |
0 |
|
TN |
12 |
0 |
12 |
|
TX |
7 |
7 |
0 |
|
VT |
1 |
0 |
1 |
|
WA |
25 |
0 |
25 |
|
WV |
19 |
0 |
19 |
|
WI |
15 |
0 |
15 |
|
WY |
8 |
0 |
8 |
Notes: ** No answer given.
2. How
many inspections were conducted by your agency in FY 2003 for labor law
compliance (in which child labor law compliance would have been included)?
|
State |
Total Inspections |
Inspections showing Violations |
Total Illegally Employed Minors Found |
|
|
1,703 |
1,151 |
275 |
|
AK |
749 |
52 |
Unknown |
|
AZ |
168 |
2 |
3 |
|
AR |
2,228 |
448 |
16 |
|
CA |
6,816 |
210 |
210 |
|
CT |
283 |
100 |
116 |
|
DE |
269 |
50 |
105 |
|
FL |
533 |
240 |
Unknown |
|
GA |
710 |
180 |
** |
|
HI |
650 |
34 |
59 |
|
ID |
0 |
0 |
0 |
|
IL |
1,192 |
50 |
94 |
|
IN |
5,533 |
1,592 |
Unknown |
|
IA |
679 |
** |
0 |
|
KS |
0 |
0 |
0 |
|
KY |
3,086 |
293 |
595 |
|
ME |
2,548 |
152 |
Not
Tracked |
|
MN |
69 |
19 |
70 |
|
MO |
7,249 |
7,616* |
414 |
|
MT |
** |
** |
** |
|
NE |
61 |
5 |
0 |
|
NV |
49 |
1 |
1 |
|
NH |
573 |
153 |
292 |
|
NM |
219* |
4 |
4 |
|
NY |
1,242 |
191 |
570 |
|
NC |
5,598 |
169 |
708 |
|
ND |
0* |
3-5* |
0 |
|
OH |
1,014 |
284 |
** |
|
OK |
369 |
36 |
** |
|
OR |
34 |
** |
92 |
|
SC |
1,600 |
90 |
250 |
|
SD |
0 |
0 |
0 |
|
TN |
1,049 |
259 |
0 |
|
TX |
2,688 |
144 |
424 |
|
VT |
1 |
0 |
0 |
|
WA |
6,099* |
800 |
Unknown |
|
WV |
6,777 |
50 |
4 |
|
WI |
133 |
75 |
443 |
|
WY |
650 |
15 |
10 |
Notes: ** No answer given.
CT: Added a line citing
“1,002 total violations (minors).”
MO:
Counted the number of child labor violations within each inspection.
NM:
Inspections were to verify the employment of 14/15 year olds working with a
work permit.
ND:
All inspections handled over the telephone.
WA:
Fiscal year is
3. How many inspections were conducted by your
agency in FY 2003 in which child labor compliance in agriculture
was targeted? Considering the above figure, how many resulted in your agency
finding child labor violations in agriculture?
|
State |
Total Inspections |
Inspections with Violations |
Total Illegally Employed Minors Found |
|
|
0 |
0 |
0 |
|
AK |
0 |
0 |
0 |
|
AZ |
7 |
0 |
0 |
|
AR |
** |
1 |
1 |
|
CA |
855 |
25 |
25 |
|
CT |
0 |
N/A |
N/A |
|
DE |
0 |
N/A |
N/A |
|
FL |
3,326 |
9 |
N/A |
|
GA |
N/A |
** |
** |
|
HI |
0 |
** |
** |
|
ID |
0 |
0 |
0 |
|
IL |
0 |
0 |
0 |
|
IN |
0 |
N/A |
N/A |
|
IA |
1 |
0 |
0 |
|
KS |
0 |
0 |
0 |
|
KY |
N/A |
** |
** |
|
ME |
0 |
** |
** |
|
MN |
0 |
0 |
0 |
|
MO |
0 |
0 |
0 |
|
MT |
N/A |
N/A |
N/A |
|
NE |
N/A |
N/A |
N/A |
|
NV |
0 |
0 |
0 |
|
NH |
0 |
0 |
0 |
|
NM |
0 |
** |
** |
|
NY |
0 |
0 |
0 |
|
NC |
0/N/A |
** |
** |
|
ND |
0 |
0 |
0 |
|
OH |
0 |
** |
** |
|
OK |
0 |
** |
** |
|
OR |
69 |
3 |
49 |
|
SC |
0 |
0 |
0 |
|
SD |
0 |
0 |
0 |
|
TN |
0 |
N/A |
N/A |
|
TX |
0 |
0 |
0 |
|
VT |
0 |
0 |
0 |
|
WA |
** |
** |
** |
|
WV |
0 |
0 |
0 |
|
WI |
0 |
0 |
0 |
|
WY |
0 |
0 |
0 |
Notes: ** No answer
given.
AR: Doesn’t keep separate statistics.
NE:
Any reported violation of child labor laws in agriculture is referred to U.S.
Department of Labor for action.
OK:
WA:
Had 160 agriculture inspections, but do not separate out which involve minors;
these include targeted inspections and those in response to complaint. Do not
have data.
Penalties
In FY 2003
4. What were your state’s top three child labor violations in FY 2003 related to prohibited hazardous work (i.e., operating forklifts, roofing, operating tractors, youth peddling, delivery driving, etc.)
State
|
#1 Violation |
#2 Violation |
#3 Violation |
|
|
Roofing |
Driving |
Amusement
ride operation |
|
AK |
Working
outside allowable hours |
No
breaks as required by law |
Operating
motor vehicles |
|
AZ |
Cooking |
Operation
of power-driven saws |
Construction |
|
AR |
Cooking
(14 or 15 yr olds) |
Operating
power-driven machinery (4 wheeler ATV) |
Factory
(garment industry) |
|
CA |
Unknown |
Unknown |
Unknown |
|
CT |
Youth
peddling |
Roofing |
Restaurant
– food prep machinery |
|
DE |
Driving |
Use
of power-driven bagel slicer |
N/A |
|
FL |
Ladders |
Power
saws |
Using
toxic substances/motor vehicle operation |
|
GA |
** |
** |
** |
|
HI |
Construction
– power tools |
Manufacturing
– general labor |
Landscaping
– lawn mowers |
|
ID |
N/A |
N/A |
N/A |
|
IL |
Working
in alcohol-serving establishments |
Operating
power-driven machinery |
Construction
sites |
|
IN |
14&15
yr olds in manufacturing |
14&15
yr olds working at construction sites |
** |
|
IA |
Meat
slicing/cleaning under 18 |
Hazardous
chemicals |
Operating
forklifts |
|
KS |
** |
** |
** |
|
KY |
Meat
slicers |
Motor
vehicle |
Forklifts
(hoisting apparatus) |
|
ME |
** |
** |
** |
|
MN |
Construction |
Meat
slicer |
Delivery
driving |
|
MO |
** |
** |
** |
|
MT |
** |
** |
** |
|
NE |
None
reported |
None
reported |
None
reported |
|
NV |
Youth
peddling |
** |
** |
|
NH |
Delivery
driver under 18 |
Construction
site under 16 |
Manufacturing
under 16 |
|
NM |
N/A |
N/A |
N/A |
|
NY |
Not
available |
Not
available |
Not
available |
|
NC |
Work
permit violations (no having one on file) |
Construction
14/15 yr olds |
ABC
on premise 14/15 working inside restaurant with on-premise ABC permit |
|
ND |
None |
None |
None |
|
OH |
Breaks |
Work
Permits |
Wage
agreements |
|
OK |
Cooking/baking |
Construction |
** |
|
OR |
** |
** |
** |
|
SC |
Driving
(delivery) |
Roofing |
Cooking |
|
SD |
N/A |
N/A |
N/A |
|
TN |
Driving
motor vehicle |
Operation
of backhoe |
Warehouse/manufacturing/roofing/meat
slicer/forklift operation/climbing ladder |
State
|
#1 Violation |
#2 Violation |
#3 Violation |
|
TX |
Driving
motor vehicle on public road |
Operating
or assisting in the operation of a scrap paper baler |
Operating
or assisting to operate power-driven bakery machines |
|
VT |
N/A |
N/A |
N/A |
|
WA |
** |
** |
** |
|
WV |
General
labor on constructions sites |
** |
** |
|
WI |
Too
young for any employment |
Construction
under age 16 |
** |
|
WY |
Demolition |
Operating
heavy equipment |
Delivery
driving |
Notes: ** No answer given.
KS: No investigations in 2003.
ME: We only had two violations – don’t track what
they were.
MO: Prohibited activities are not broken down into
these categories.
NM: We refer to US DOL.
OR: Thirteen unspecified
prohibited employment violations; four unspecified hazardous employment
violations.
WA: Do not keep data in
this manner.
5.
What is the total amount your state collected for child labor violations
in FY 2003? Indicate if your state does not exercise its
authority to assess or collect monetary penalties for child labor violations.
Indicate if your state does not have authority to assess or collect
monetary penalties for child labor violations.
State
|
Civil Money Penalties Collected for Child Labor Violations ($) |
Does
Not Exercise Authority |
Does
Not Have Authority |
|
|
1,500 |
** |
** |
|
AK |
N/A |
** |
X |
|
AZ |
8,304 |
** |
** |
|
AR |
117,206 |
** |
** |
|
CA |
344,085 |
** |
** |
|
CT |
211,350 |
** |
** |
|
DE |
8,500 |
** |
** |
|
FL |
8,500 |
** |
** |
|
GA |
** |
** |
X |
|
HI |
0 |
** |
X |
|
ID |
0 |
** |
** |
|
IL |
57,703 |
** |
** |
|
IN |
108,202 |
** |
** |
|
IA |
0 |
** |
X |
|
KS |
0 |
** |
** |
|
KY |
92,800 |
** |
** |
|
ME |
85,750 |
** |
** |
|
MN |
58,800 |
** |
** |
|
MO |
75,797 |
** |
** |
|
MT |
** |
** |
X |
|
NE |
0 |
** |
X |
|
NV |
0 |
** |
** |
|
NH |
|
** |
** |
|
NM |
121,163 |
** |
X |
|
NY |
86,182 |
** |
** |
|
NC |
44,607 |
** |
** |
|
ND |
0 |
** |
X |
|
OH |
0 |
** |
X |
|
OK |
5,900 |
** |
** |
|
OR |
54,035 |
** |
** |
|
SC |
30,450 |
** |
** |
|
SD |
0 |
** |
X |
|
TN |
219,896 |
** |
** |
|
TX |
63,720 |
** |
** |
|
VT |
0 |
** |
** |
|
WA |
2,525 |
** |
** |
|
WV |
0 |
X |
** |
|
WI |
58,274 |
** |
** |
|
WY |
0 |
** |
X |
Notes: **No
answer given.
AZ: 42 violations.
CT: Collected for all
violations of which child labor would be the majority.
ME: Consent decrees.
6. To your knowledge, how many occupational deaths among
working minors under age 18 have occurred in your state FY 2003?
AR: 1 death in agriculture (13
year old) Note: Full 2003 statistics not released until August 2004.
CA: This information is not
available.
GA: 1 death in warehouse work
ID, KS, TX: Unknown
IN: 1 death in an amusement park
or other recreational
IA: 1
death in agriculture
NH: 1
death summer camp counselor ride in camp-owned van
NC: Don’t
have these statistics
OH: 1
death in agriculture; 1 death in construction
OR: 1
death in amusement park or other recreational
SC: 2
deaths in construction
7. Were there any deaths among working minors (under age
18) in your state in FY 2003 due to:
occupational violent crime,
paper balers, working on an elevated surface (above 6 feet off of
ground, forklifts (operating/driving), forklifts (riding on, hoisted by, hit
by, etc), tractors (operating/driving), tractors (riding on, hit or run over
by, etc.), woodworking machines, sawmills, or construction?
Working
on an Elevated Surface (above 6 feet off of ground)
OH
Forklifts (operating/driving)
GA
Tractors (riding
on, hit or run over by, etc.)
IA
Construction
OH
All
Categories
Information
not available: CA, NC
Unable to answer: AR
Unknown: ID
2003
Legislation & Regulation
8. Were
changes made to your child labor laws/regulations in FY 2003?
|
State |
Legislation |
Regulation |
|
|
No |
No |
|
AK |
No |
No |
|
AZ |
No |
No |
|
AR |
No |
No |
|
CA |
Yes |
No |
|
CT |
No |
No |
|
DE |
No |
No |
|
FL |
No |
No |
|
GA |
No |
No |
|
HI |
Yes |
** |
|
ID |
No |
No |
|
IL |
No |
No |
|
IN |
Yes |
No |
|
IA |
No |
No |
|
KS |
No |
No |
|
KY |
No |
No |
|
ME |
Yes |
** |
|
MN |
Yes |
No |
|
MO |
No |
No |
|
MT |
No |
** |
|
NE |
No |
No |
|
NV |
No |
Yes |
|
NH |
No |
No |
|
NM |
No |
No |
|
NY |
Yes |
Yes |
|
NC |
Yes |
Yes |
|
ND |
No |
No |
|
OH |
No |
No |
|
OK |
No |
No |
|
OR |
No |
No |
|
SC |
No |
No |
|
SD |
No |
No |
|
TN |
Yes |
** |
|
TX |
No |
No |
|
VT |
No |
Yes |
|
WA |
No |
No |
|
WV |
** |
Yes |
|
WI |
No |
No |
|
WY |
No |
No |
Notes: **No answer given.
CA: Labor Code Section
1308.9, requiring that a Coogan Trust Account be established for the minor.
ME: 1) Brought state as an
employer under child labor laws; 2) added working in a confined space as
hazardous occupation.
9. Were any changes made in hours regulations in your
state during FY 2003? If yes, were they relaxed or made more stringent?
|
State |
Hours
Regulation Changes? |
Relaxed
or More Stringent? |
|
|
No |
|
|
AK |
No |
|
|
AZ |
No |
|
|
AR |
No |
|
|
CA |
No |
|