[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR575.5]

[Page 345-347]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 575_WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 
 
Sec. 575.5  Supporting data to accompany application.

    Objective data, as required by section 13(c)(4) of the Act, shall 
also be submitted by the employer or group of employers applying for a 
waiver, to show that:
    (a) The crop to be harvested is one with a ``particularly short 
harvesting season.'' The variety of each crop to be harvested must 
ordinarily be harvested within 4 weeks in the region in which the waiver 
will be applicable. The Administrator will accept the written statement 
to that effect from the agricultural extension agent for the county.
    (b) The 12-year minimum age prescribed by the Act for such 
employment would cause ``severe economic

[[Page 346]]

disruption in the industry of the employer or group of employers 
applying for the waiver.'' Severe economic disruption in the industry 
refers to the consequences of not meeting a compelling need for the 
employment of 10- and 11-year olds to avoid loss of a significant 
portion of the crop. Evidence of this need includes the projected number 
of laborers needed to harvest the acreage planted and evidence that 
recruitment requirements specified in paragraph (e) of this section have 
been complied with. Data concerning the number of hand harvest laborers 
used in previous years for given acreages will serve as a basis for 
evaluating needs for the current year. If the requisite number of 
workers cannot be recruited from the labor supply of 12 years and above, 
this would ordinarily demonstrate the compelling need for the employment 
of 10 and 11 year olds.
    (c) The employment of minors under the waiver ``would not be 
deleterious to their health or well-being.'' This refers to the 
prospective effect on the health or well-being generally (i.e., other 
than the tolerance level of pesticides or other chemicals) of 10 and 11 
year-old hand harvesters. The Administrator will accept signed 
statements to that effect from doctors, or nurses or public health 
officials in the region.
    (d) The ``level and type of pesticides and other chemicals used 
would not have an adverse effect on the health or well-being of'' minors 
employed under the waiver. The safe reentry standards established by the 
Environmental Protection Agency, and followed by other Federal and State 
agencies, were established for adult workers and have not been shown to 
be safe for 10 and 11 year olds. Therefore, the applicant, in order to 
satisfy this condition, will either have to submit a statement that no 
pesticides or other chemicals were used on the crop to be harvested or 
submit data which upon study by the Secretary or the Secretary's 
designee establishes a safe reentry times for 10 and 11 year olds. If 
such data, or additional studies conducted by the Secretary or the 
Secretary's designee, establish safe reentry standards for 10 and 11 
year olds, this section will be amended to include such standards and 
the applicant will then need only identify the type and level of 
pesticides or chemicals used and the date of last application of same 
prior to harvest.
    (e) Individuals age 12 and above are not available for such 
employment. Evidence of such unavailability must be documented by the 
applicant by:
    (1) Placement of intrastate and interstate job orders, in which the 
piece rate is specified, with the state employment service sufficiently 
in advance of the harvest to allow reasonable time for the recruitment 
of local and migrant workers. An interstate order need not be placed if 
the applicant can demonstrate that suitable housing is not available.
    (2) Placement of at least two advertisements in local papers of 
general circulation or advertisements over local radio stations.
    (3) Contact with farm labor contractors, migrant workers, and other 
potential workers.
    (4) Contact with schools, business and labor organizations, non-
profit organizations and public agencies to enlist their help. Data 
showing the responses received to these solicitations must be 
categorized by age and submitted with the waiver application to verify 
that older workers are not available to perform the work.
    (f) The ``industry of such employer or groups of employers has 
traditionally and substantially employed individuals under twelve years 
of age without displacing substantial job opportunities for individuals 
over sixteen years of age.'' Documentation that the industry has 
traditionally and substantially employed individuals under 12 years of 
age may include newspaper reports, magazine articles, research 
organization reports, or other appropriate sources. Data to indicate 
that such employment did not displace substantial job opportunities for 
individuals over 16 years of age may include the signed statement of an 
appropriate official of the employment service agency of the State (or 
States, if region designated crosses State lines) certifying to that 
fact. This certification must be based on statistical documentation for 
at least the previous year.

[[Page 347]]

    (g) When supporting data required by this section are submitted by 
an employer or group of employers, the objective data required by 
paragraph (d) of this section shall be submitted on the basis of each 
individual employer. However, objective data required by paragraphs (a), 
(b), (c), (e), and (f) of this section may be submitted for the specific 
geographic area, e.g., an entire county, of the employer or group of 
employers.

[43 FR 26562, June 21, 1978; 43 FR 28471, June 30, 1978, as amended at 
44 FR 22061, Apr. 13, 1979; 44 FR 24059, Apr. 24, 1979; 44 FR 29049, May 
18, 1979; 45 FR 55177, Aug. 19, 1980]