The proposed changes to the farm labor rules are long, and complex. They affect all hired farm workers, and make changes to the ag hazardous occupations (HOs) rules, as well as a new, non-ag HOs order that prevents any hired worker under the age of 18 from working in several settings the DOL considers dangerous. These settings include: feed lots, grain bins, grain elevators, silos, stockyards, livestock exchanges and auctions. To view details go to www.calt.iastate.edu.
According to the proposal as it currently reads, a child employed on his or her parent's farm is exempt from the ag HOs unless they lose that status by working on a farm owned by a neighbor or non-parental relative. The proposal does not address the question of whether a child of parents who operate a farm that is owned by a legal entity qualifies for the exemption. In this case, McEowen says, the entity and not the parents technically employ the child.
For youth under the age of 16 and working on the farm of a family member (non-parent) or a neighbor, the proposal would essentially shift them into a category where they would not be allowed to do common farm tasks, such as operating a tractor or a hay mower or being in the pen or stall with certain farm animals. In the cattle industry, they would not be able to even assist in animal husbandry practices, branding, herding, castrating, dehorning. Essentially the line is drawn at anything the DOL feels would result in unpredictable animal behavior.
The NCBA reported that the Department of Labor received thousands of comments on the proposed rule and announced they would continue seeking input on the "parental exemption" language, and expect to re-propose a rule in early summer 2012. Donald said the agency did not go far enough and should scrap the provision completely.
Iowa's McEowen says ranchers and farmers should not be lulled into complacency believing the issue is in their rearview mirrors. He urges producers to contact their state representatives, and be sure they are aware of the issue and understand its impact at the farm level.
"Only people in Congress can really put the heat on the DOL. That's what I'd recommend. Get in touch with your elected representative and help them understand the issue."
A spokesperson with the DOL could not be any more specific regarding a timeline for the re-proposal of its regulation interpreting the parental exemption, other than to say it would most likely take place early this summer. More than 18,000 comments were received on the proposed rule, and the DOL spokesperson said that makes it difficult to predict how long the process may take.
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