12-year-old’s arm severed in cider mill accident
A Webster, NY, cider mill has been assessed a $51,450 civil penalty by the U.S. Labor Department for violations of federal child labor laws following an accident in which an underage worker suffered an amputation. In the incident at Mayer’s Cider Mill, a 12-year-old boy severed his arm below the elbow while operating an auger. The youth’s limb was successfully reattached at Strong Memorial Hospital in Rochester. According to Michael Fitzgerald, assistant district director of the Labor Department’s Wage and Hour Division, the firm was cited for employing a child under the legal age for employment, permitting a child under 18 years to operate a machine prohibited by a Hazardous Occupations Order, and permitting a child to work in a warehouse, a prohibited area.
Violations also were found involving six other minors employed at the mill. Those violations included workers being underage for employment, working excessive hours, performing prohibited occupations, and working in a prohibited area. The minors also were found to be working "off the books," in violation of record-keeping requirements.
Under the federal child labor provisions established by the Fair Labor Standards Act, 14 is the minimum age for most nonfarm work. Fourteen- and 15-year-olds generally may not work during school hours, before 7 a.m. or after 7 p.m., except between June 1 and Labor Day when they may work until 9 p.m. Also, they may not work more than three hours on a school day and 18 hours during a school week. They may work up to eight hours on a nonschool day and 40 hours during nonschool weeks.
In addition to limiting the hours and time of day minors may work, child labor regulations prohibit children under 16 years of age from working in the manufacturing, mining, and construction industries, and being employed in warehouses and workrooms.
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