Model Policy The following model policy is based on the federal Children’s Act for Responsible Employment and Farm Safety (CARE Act), which is endorsed by at least 185 organizations, including several of America’s largest labor unions, child advocacy groups, farmworker support organizations, and civil rights groups, including the organizational authors of this report Lawyers for Good Government, the Child Labor Coalition, and the National Consumers League.64 The model policy below incorporates additional provisions based on best practice recommendations from other organizations, and consultation with leading child labor experts.65 Section 1. Definitions. 1. “Oppressive agricultural child labor” means agricultural employment where: a. Any employee who is 16 or 17 years of age is employed in any occupation that involves performing a hazardous agricultural activity, or that is otherwise particularly hazardous for the employment of children between such ages or detrimental to their health or wellbeing; b. Any employee who is 14 or 15 years of age is employed by an employer, unless the employment is confined to periods which will not interfere with the schooling of the employee, and that the conditions of employment will not interfere with the health and well-being of the employee; or c. Any employee who is under 14 years of age is employed by an employer. 2. The provisions of subsection (1) shall not apply to any employee under: a. 18 years of age who is employed in agriculture by his or her parent, or by a person standing in the place of the parents, on a farm owned by the parent or person; and b. 16 years of age who is employed by his or her parent, or by a person standing in the place of the parent, in employment other than agricultural employment or other employment hazardous to a child 16 or 17 years of age or detrimental to their health or well-being. 3. “Hazardous agricultural activity” means: a. Any agricultural activity performed by any employee, that creates a substantial risk of serious injury or serious illness to any person, including but not limited to: i. Operating an all-terrain vehicle (ATV) or similar off-road vehicles; ii. Operating a tractor, forklift, or other heavy equipment; iii. Handling any part of a tobacco plant; and iv. Any task that requires:
64 Reid Maki, “185 Organizations Endorse Legislation (CARE Act) to Close Child Labor Loopholes that Endanger the Health, Safety and Educational Development of Farmworker Children,” The Child Labor Coalition, July 27, 2021, https://stopchildlabor. org/90-organizations-endorse-legislation-to-close-child-labor-loopholes-that-endanger-the-health-safety-and-educational-development-of-farmworker-children/ 65 This model policy is based on The CARE Act. Primary additions include a new definition of “hazardous agricultural activity” to explicitly protect children from agricultural occupations that have been shown to create a substantial risk to the health and safety of children, and a new heat illness prevention standard, which is based on state laws that have already been enacted on this issue.
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Child Farmworkers
