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Poultry processor House of Raeford to pay fine for child labor violations at Teachey, NC, plant following US Department of Labor investigation

U.S. Department of Labor Press Release/Wage and Hour Division [Oct. 16, 2012]

TEACHEY, N.C. — The U.S. Department of Labor has assessed a total of $12,400 in civil money penalties against poultry processor House of Raeford Farms Inc. following an investigation by the department’s Wage and Hour Division that found minors performing hazardous duties prohibited by the Fair Labor Standards Act’s child labor provisions.

“Employers who hire young workers must comply with all federal and state regulations intended to keep our youth safe on the job,” said Richard Blaylock, director of the division’s Raleigh District Office. “This situation is particularly disappointing because the company previously was cited for the same type of violation. It is critical for employers to learn about and comply with the child labor provisions of America’s labor laws.”

Investigators found that two minors, both age 17,were employed in the company’s deboning department, where they were required to operate an electric knife in violation of the FLSA’s Hazardous Occupation Order No. 10, which prohibits workers under the age of 18 from operating or cleaning powered meat processing equipment, including meat slicers.

In addition to paying the civil money penalties, the company has agreed to maintain future compliance with the FLSA’s child labor provisions.

House of Raeford Farms Inc. has processing facilities in North Carolina, South Carolina, Georgia and Louisiana, including six fresh poultry processing plants and two further processing plants.

The FLSA establishes a minimum age of 18 for workers in those nonagricultural occupations that the secretary of labor finds and declares to be particularly hazardous for 16- and 17-year-old workers or detrimental to their health or well-being. These rules must be followed unless a specific exemption applies. More information on child labor rules can be found at https://www.dol.gov/elaws/youth.html and information about hazardous occupations orders is available at https://www.dol.gov/whd/regs/compliance/whdfs43.htm.

The division’s Raleigh office can be reached at 919-790-2742. Information on the FLSA and other wage laws is available by calling the division’s toll-free helpline at 866-4US-WAGE (487-9243) and at https://www.dol.gov/whd.

Contact: Michael D’Aquino
Phone: 404-562-2076
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Human Rights Watch’s Jo Becker: The U.S. Can Do More to Keep Children Off the Battlefield

[This blog originally appeared on the Huffington Post on 10/04/2012]

President Barack Obama announced on Friday that, for the second year in a row, it was withholding portions of U.S. military assistance from the Democratic Republic of Congo because of its continued use of child soldiers. The U.S. also said it wouldn’t train a Congolese light infantry battalion until Congo signed an action plan with the United Nations to end its use of child soldiers. U.S. officials have repeatedly urged the Congolese government to address the issue.

The pressure seems to be working. After seven years of foot-dragging, today Congo finally signed the U.N. plan, which will require Congo to end child recruitment, demobilize children in its forces and allow U.N. verification visits to its barracks.

For years, Congo has ranked among the worst countries for child soldiers. At the height of the conflict there, the U.N. estimated that as many as 30,000 children were participating in the war. Today, hundreds each year are still recruited in eastern Congo, by both government and rebel forces. Children who have escaped or been released often fear they will be forced into service again.

The U.S. has withheld assistance from Congo under a landmark law, the Child Soldiers Prevention Act, which prohibits U.S. military assistance to governments using child soldiers. In contrast it has, often on national security grounds, allowed other governments using child soldiers to continue receiving such aid, without conditions. Three examples — Chad, South Sudan and Yemen — show how the U.S. has missed opportunities to protect children from military service.

In Chad, government and rebel forces recruited thousands of children in a proxy war with Sudan that ended in early 2010. With U.S. pressure, the Chadian government signed a U.N. action plan in June 2011 to end child recruitment and demobilize all children from its forces. Child recruitment significantly dropped, with no new cases recorded in 2011. In June, the U.S. took Chad off its list of countries subject to possible sanctions under the Child Soldiers Prevention Act, despite reports that children remained in Chad’s forces.

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Child Mining

An estimated 1 million children perform hazardous work in mines around the world.

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Child Trafficking

According to UNICEF, 1.2 million children are trafficked each year–many for purposes of sexual exploitation.

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CHILD LABOR COALITION PRESS RELEASE: Child Labor Coalition decries shooting of 14-year-old education activist Malala Yousafzai in Pakistan


For immediate release: October 12, 2012
Contact: Reid Maki, (202) 207-2820, reidm@nclnet.org

Washington, DC—The 28 members of the Child Labor Coalition (CLC) today expressed their condemnation of the shooting attack on 14-year-old education activist Malala Yousafzai by Taliban forces on October 9 in Pakistan’s Swat Valley. Malala dared to be an advocate for the education of girls, a stance that made her a target for Taliban extremists who shot her twice—in the head and the neck. She clung to life as the world celebrated the first United Nations International Day of the Girl Child on October 11.

“The idea that the Taliban would viciously attack a teenage girl to threaten other girls seeking an education is deplorable,” said American Federation of Teachers (AFT) Secretary-Treasurer Lorretta Johnson, a CLC co-chair. “The AFT condemns this cowardly act in the strongest of terms and applauds the people of Pakistan for rising up to proclaim that such barbarity is unacceptable in their country or anywhere in the world. The right to education is fundamental, and we stand with Malala and all those around the world who are working with us to make sure all children have equal access to high-quality public education.”

Malala’s advocacy began at age 11, when she blogged about Taliban atrocities in Pakistan’s Swat Valley. She soon began blogging about the closing of schools for girls, which were a result of ultraconservative views toward women’s roles in Pakistani society. According to published reports, she felt forced to hide her school books and feared for her life, knowing that her advocacy might make her a target of the Taliban. At age 11 she said, “All I want is an education. And I am afraid of no one.”

“Education is power, especially for girls. Malala knows this and has used her voice to advocate for others,” said Lily Eskelsen, Vice President of the National Education Association, a CLC member. “The Taliban underestimated Malala from the beginning, but her power has already been unleashed. They cannot call it back. An educated girl becomes an informed woman, able to make the best choices for her own well-being and that of her family; generations are impacted. As we mark the International Day of the Girl Child, Malala speaks to all of us to take action on our responsibility to see that girls’ human rights are respected.”

“Malala’s heroism and advocacy for girls inspires us all,” said CLC Co-Chair Sally Greenberg, Executive Director of the National Consumers League. “Access to education is one of the keys to reducing child labor—that’s what Malala is fighting for and that’s why her work has been so important. According to the International Labor Organization’s latest statistics, the number of girls in child labor worldwide fell between 2004 and 2008 from 103 million to 88 million. We need to keep that progress up. We need to keep Malala’s vision alive and provide girls with unfettered access to education.”

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Human Rights Watch: In Bangladesh, Tanneries Harm Workers, Poison Communities and Exploit Child Workers

 

October 9, 2012
[Human Rights Watch interviewed 10 children, some as young as 11, working in tanneries. Many children work 12 or even 14 hours a day, considerably more than the five-hour limit for adolescents in factory work established by Bangladeshi law.]

Workers in many leather tanneries in the Hazaribagh neighborhood of Dhaka, the Bangladesh capital,  including children as young as 11, become ill because of exposure to hazardous chemicals and are injured in horrific workplace accidents, Human Rights Watch said in a report released today. The tanneries, which export hundreds of millions of dollars in leather for luxury goods throughout the world, spew pollutants into surrounding communities.

The 101-page report, “Toxic Tanneries: The Health Repercussions of Bangladesh’s Hazaribagh Leather,” documents an occupational health and safety crisis among tannery workers, both men and women, including skin diseases and respiratory illnesses caused by exposure to tanning chemicals, and limb amputations caused by accidents in dangerous tannery machinery. Residents of Hazaribagh slums complain of illnesses such as fevers, skin diseases, respiratory problems, and diarrhea, caused by the extreme tannery pollution of air, water, and soil. The government has not protected the right to health of the workers and residents, has consistently failed to enforce labor or environmental laws in Hazaribagh, and has ignored High Court orders to clean up these tanneries.

“Hazaribagh’s tanneries flood the environment with harmful chemicals,” said Richard Pearshouse, senior researcher in the health and human rightsdivision of Human Rights Watch. “While the government takes a hands-off approach, local residents fall sick and workers suffer daily from their exposure to harmful tannery chemicals.”

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Human Rights Watch’s Zama Coursen-Neff on The Hidden Victims of Tobacco

The smoking habits of the presidential candidates keep coming up: Barack Obama’s efforts to quit, Mitt Romney’s abstention. Romney signed a ban on smoking in bars, restaurants, and indoor workplaces in Massachusetts in 2004; President Obama signed a law in 2009 that broadly restricts marketing cigarettes to children. Far less attention, however, is being paid to the nicotine exposure of children who work alongside adults cultivating and harvesting tobacco.

In eastern North Carolina I’ve interviewed children as young as 14 who worked in tobacco, and recent news reports describe children as young as nine and 10. Fifteen-year-old “Elena” is typical. She would get up at 3 a.m. to make lunches, she said, then go up and down the rows removing flowers from tobacco plants for 12 or more hours a day. “It smells of chemicals and it gives you a headache,” she told me. “Sometimes I feel like vomiting… We can’t get sick because then we can’t work.”

With no paid sick days or job security, and frequent violations of minimum wage laws, Elena echoed the worries of many working teens I spoke with. “We have to go into the fields just to get our bills paid, not to get what we want,” said a 15-year-old worker. “As I child I knew not to ask [for things I wanted].” Total annual farmworker family incomes average less than $17,500, and in some areas far less.

Elena’s sickness may have been more than an inconvenience. A 17-year-old tobacco worker told me: “They sprayed the field next to us yesterday. My head hurt. I could smell it, it blew. We kept working. People say this can hurt you. I’m a little, a little worried about it.” Children, whose bodies are still developing, are uniquely vulnerable to chemicals and may absorb pesticides more easily than adults. Long-term pesticide exposure is associated with cancer, brain damage, and reproductive problems.

But Elena may have also been sickened by the plants themselves. Workers absorb tobacco through the skin, especially when the leaves are wet, when the person is working hard, and when surrounding temperatures are hot. According to one study, on a humid day the average field worker may be exposed to dew containing roughly the nicotine of 36 cigarettes. This nicotine poisoning is known as “green tobacco sickness,” and children are more vulnerable than adults.

A 17-year-old worker described symptoms consistent with poisoning: “It’s hard to say what hurts the worst,” he said. “My legs hurt, my head hurts… I feel dizzy and then my nose is bleeding.”

Rain gear and water-tight gloves can protect workers but also increase the risk of heat exhaustion and dehydration. None of the children I interviewed mentioned wearing protective clothing. A 15-year-old boy said he wore a trash bag like poncho — others did not even wear gloves.

These children — mostly poor and Hispanic — are among the hundreds of thousands of children hired to work in U.S. agriculture. They exercise little political clout but deserve the protection from American politicians that all other working children already enjoy.

Remarkably, many of these children are working legally under a loophole in U.S. child labor laws. Federal law provides no minimum age for work on small farms with parental permission, and children ages 12 and up may work for hire on any size farm for unlimited periods outside school hours. Children not working in agriculture must be at least 14. Even then, the jobs they can perform and their hours are tightly restricted. Farmwork is the most hazardous occupation open to children. Under federal law, child farmworkers can also do jobs at 16 that the U.S. Department of Labor deems “particularly hazardous” for children, such as driving a forklift or operating a chainsaw — jobs no one under 18 can do anywhere else.

Only Congress can change the law and give children working for hire in agriculture the same protections all other working children have. But the Labor Department tried last year to update, for the first time in decades, the list of hazardous jobs, and to add tobacco to the list, along with other specific farm tasks that experts say are most likely to kill, sicken, and maim children. Although family farms were completely exempt, the Farm Bureau and several members of Congress claimed incorrectly that they would keep children from working at all and hurt family farms and agricultural training. Romney criticized the administration for, he said, telling farmers what their children could and couldn’t do on a farm. The pressure on the department — and the misinformation — was intense, and the administration withdrew the proposed rules.

In the upcoming campaign season, much attention will be focused on small things, like who smokes and who doesn’t. But America’s youngest, and poorest, workforce shouldn’t be forgotten. Leaders should promise to amend U.S. child labor law to provide the same protections to all working children.

Zama Coursen-Neff directs the Children’s Rights Division at Human Rights Watch and is the author of Fields of Peril: Child Labor in U.S. Agriculture.

This post is part of the HuffPost Shadow Conventions 2012, a series spotlighting three issues that are not being discussed at the national GOP and Democratic conventions: The Drug War, Poverty in America, and Money in Politics.

Follow Zama Coursen-Neff on Twitter: www.twitter.com/ZamaHRW

Human Rights Watch is a member of the Child Labor Coalition

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Raise the Bar, Hershey! Campaign Welcomes Hershey’s Announcement to Source 100% Certified Cocoa by 2020

[News from the Raise the Bar, Hershey! Campaign:]

Coalition urges Hershey and all chocolate companies to go 100% Fair Trade

The Raise the Bar, Hershey! Campaign (www.raisethebarhershey.org) welcomed today’s announcement from the Hershey Co. (HSY) that it will be certifying 100 percent of its cocoa by 2020 and urged the chocolate giant to go 100 percent Fair Trade with incremental benchmarks.  Hershey appeared to join its main rival Mars in announcing its target for certification with a 2020 deadline.  Many other smaller chocolate companies are already 100 percent certified, a number of them using Fair Trade certification, the most rigorous certification for identifying and remediating the Worst Forms of Child Labor. The Raise the Bar, Hershey! Campaign released the following joint statement:

“The Raise the Bar, Hershey! campaign is pleased that Hershey is announcing 100 percent certification for its cocoa by 2020. To truly address child labor, Hershey needs to make sure it is certifying all of its cocoa Fair Trade, the only certification that adequately addresses the Worst Forms of Child Labor. Hershey should certify and label one of its top-selling, brand name bars Fair Trade within the next year, and should certify and label all of its chocolates Fair Trade by 2020.  We urge Hershey to reveal how the company plans to get to 100% certification by disclosing the certifiers it will be working with as well as a timeline for converting specific product lines.

The Raise the Bar Hershey campaign, joined by over 150,000 consumers, union allies, religious groups, and over 40 food co-ops and natural grocers has been pressuring Hershey to address child labor for several years.  Just this week, Whole Foods Market (WFM) announced that it was removing Hershey’s Scharffen Berger line from its shelves until Hershey took steps to address child labor in its supply chain. The Raise the Bar, Hershey Campaign! and its allies will continue to encourage Hershey, and other chocolate companies, to improve labor practices on cocoa farms and plantations.”

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Ivory Coast

According to a Tulane University study, 40 per cent of the 820,000 children working in cocoa in Ivory Coast are not enrolled in school, and only about 5 per cent of the Ivorian children are paid for their work.