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Comments adopted by the CEACR: United States of America

ADOPTED_BY_THE_CEACR_IN 2021

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The Committee notes the Government’s reports on Conventions Nos 55 and 147. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a consolidated comment, as follows.
The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 55 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body: placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning, inter alia, the abrogation of Convention No. 55; it also requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by outdated Conventions. The Committee requests the Government to provide information on any progress towards the ratification of the MLC, 2006.
Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55)

Article 1(1) of the Convention, read in conjunction with Articles 2, 9 and 11. Scope of application and equality of treatment for all seafarers. For many years, the Committee has referred to the need to amend Title 46 of the United States Code (USC) §30105 which prohibits non-resident foreign seafarers working on vessels registered in the United States from claiming injury or death benefits if they are employed by a person engaged in the exploration, development or production of offshore mineral or energy resources, and the incident occurred in the territorial waters or waters overlaying the continental shelf of a foreign nation. The Committee notes that the Government reiterates that: (i) should there be no legal remedy available in the foreign countries, the seafarer may pursue legal remedies in the United States; (ii) prior to the enactment of 46 USC §30105, United States courts would have been forced to subject the parties to the time and cost of making a forum non conveniens determination; and (iii) 46 USC §30105 does not negate any responsibilities of the shipowner, it simply assists the seafarer in applying the most appropriate forum. While taking due note of this information, the Committee reiterates that, in accordance with Article 11 of the Convention, all seafarers, irrespective of nationality, domicile or race, must enjoy equality of treatment. The Committee also recalls that it is clear from Article 9 of the Convention that the Member State concerned has to secure rapid and inexpensive settlement of disputes concerning the shipowner’s liability.  The Committee therefore requests the Government, once again, to take the necessary measures to fully implement the Convention ensuring equality of treatment to all seafarers irrespective of their nationality and domicile and to secure rapid and inexpensive settlement of disputes concerning the shipowner’s liability.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Substantial equivalence to the requirements of Articles 6, paragraph 3(10) and (11) and 10–14 of Convention No. 22. Mandatory inclusions. Conditions for termination. The Committee requested the Government to take the necessary measures to ensure that its legislation prescribes conditions substantially equivalent to Article 6, paragraph 3(10) and (11), and Articles 10–14 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22). The Committee notes that the Government reiterates that, based on tripartite reviews of its legislation conducted prior to the ratification of Convention No. 147, it is of the view that its laws and regulations adequately address the objectives and principles of the Conventions listed in the Appendix to Convention 147. Referring to its previous comments, the Committee once again requests the Government to take the necessary measures to ensure that national laws and regulations prescribe conditions that are substantially equivalent to Article 6, paragraph 3(10) and (11) and Articles 10–14 of Convention No. 22.

ADOPTED_BY_THE_CEACR_IN 2020

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).
Article 1(e) of the Convention. Racial discrimination in the exaction of compulsory prison labour. In its previous comments, the Committee noted the information from the US Department of Justice showing the significant overrepresentation of African Americans and Latinos/Hispanics within US prison populations. It noted that a prison sentence normally involves an obligation to perform labour. The Committee also noted that, despite the absence of legislative action, various practical measures and policy initiatives were being taken at the federal and state levels to reduce racial bias within the criminal justice system. The Committee strongly encouraged the Government to strengthen its efforts to ensure that racial discrimination at the sentencing and other stages of the criminal justice process do not result in the imposition of racially disproportionate prison sentences involving compulsory labour, including through the adoption of federal legislation and the implementation of relevant policies and practices to address this issue.
The Committee notes the Government’s information in its report that, as a general matter, the US Constitution and US law prohibit the Government from discrimination against any individual or group on account of race. In the penal context, when prison labour occurs, it is only after individuals have proceeded through the various steps of the criminal justice process, including arrest, conviction and sentencing. No discriminatory distinctions are made among convicted individuals when obligations to perform labour are imposed. The Committee also notes the supplementary information provided by the Government, with reference to the most recent data published by the Bureau of Justice Statistics, indicating that in 2018 the imprisonment rate of black residents was the lowest since 1989. The data further shows that the jail population in 2018 was 50 per cent white, 33 per cent black and 15 per cent Hispanic. From 2008 to 2018, the jail incarceration rate rose by 12 per cent for white persons and fell by about 30 per cent for black persons (down 28 per cent) and Hispanics (down 33 per cent). From 2008 to 2018, the imprisonment rate dropped by 28 per cent among black residents, 21 per cent among Hispanic residents and 13 per cent among white residents. However, the imprisonment rate of black men in 2018 remained 5.8 times that of white men, while the imprisonment rate of black women was 1.8 times the rate of white women.
The Committee also notes the Government’s indication that the purpose of the Convention is to suppress forced or compulsory labour as a means of discrimination, not to deal with discrimination, thus broader questions of possible discrimination in the criminal justice system are outside the purview of the Convention. The Committee once again recalls that, even where the offence giving rise to the punishment is a common offence which does not otherwise come under the protection of the Convention, if the penal punishment is meted out more severely to certain groups defined in racial, social, national or religious terms, and this punishment involves compulsory labour, the situation is in violation of Article 1(e) of the Convention. The Committee requests the Government to continue to provide information on the measures taken or envisaged, both in law and in practice, to identify and reduce racial and ethnic disparities in the criminal justice system to ensure that punishment involving compulsory labour is not meted out more severely to certain racial and ethnic groups. It also requests the Government to continue to provide information on the results achieved in this regard.

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Article 1(d) of the Convention. Sanctions involving compulsory labour for participation in strikes. In its previous comments, the Committee noted that, pursuant to article 12, section 95-98.1, of the North Carolina General Statutes, strikes by public employees are declared illegal and against the public policy of the State. Persons who violate article 12 may be subject to “community punishment” and, upon a second conviction to imprisonment (section 95–99 of the North Carolina General Statutes; section 15A-1340.11 and section 15A-1340.23 of chapter 15A (Criminal Procedure Act)). The Committee also noted that the imposition of community punishment may include assignment to the State’s Community Service Work Programme, and that all able-bodied prison inmates shall be required to perform diligently all work assignments provided for them (article 3, section 148-26, of chapter 148 (State Prison System)). The Committee further noted that the observations of the American Federation of Labor and Congress of Industrial Organizations (AFL–CIO) according to which, as sections 95–98.1 and 95–99 might have a chilling effect on public sector workers who might otherwise decide to engage in strikes, these provisions should be repealed or amended.
The Committee once again notes the Government’s indication in its report that State court records continue to be devoid of any instance in which an individual has been convicted of engaging in an unlawful public-sector strike. In the unlikely event that an individual were to be so convicted, North Carolina law would not require the judge to order the public sector employee to perform work in violation of the Convention. The judge would have discretion to impose only a fine.
Observing that it has been raising this issue for more than a decade, the Committee must once again recall that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour as a punishment for having participated in strikes. Referring to the explanations contained in paragraph 315 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that, regardless of the legality of the strike action, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that in both legislation and practice, no sanctions involving compulsory labour should be imposed for the mere fact of organizing or peacefully participating in strikes. The Committee therefore once again requests the Government to take the necessary measures to bring the North Carolina General Statutes into conformity with both the Convention and the indicated practice, by ensuring the repeal or amendment of sections 95–98.1 and 95–99, so as to ensure that penalties of compulsory labour (through the Community Service Work Programme or during imprisonment) cannot be imposed for participation in a strike.
The Committee is raising other matters in a request addressed directly to the Government.

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The Committee takes note of the Government’s report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee notes the information provided by the Government in its report regarding various measures taken in 2020 in the COVID-19 context and related to labour administration, including the adoption of the Coronavirus Aid, Relief, and Economic Security Act and the Families First Coronavirus Response Act.
The Committee also notes the observations of the American Federation of Labour and Congress of Industrial Organizations (AFL CIO), received on 1 October 2020.
Articles 4 and 5 of the Convention. Effective operation of the labour administration system with properly coordinated functions and responsibilities. Consultation, cooperation and negotiation between public authorities and social partners. The Committee notes the information provided by the Government concerning the activities of the Occupational Safety and Health Administration (OSHA) under the Department of Labour. The Government indicates that the mission of OSHA is to promote safe and healthful working conditions for workers by setting and enforcing standards. The Government states that the OSHA has developed a series of guidance documents and outreach materials in response to the COVID-19 pandemic, as well as a number of alerts, a booklet produced jointly with the Department of Health and Human Services, and other materials to help workers and employers, including in the sectors where exposure to the virus is most likely. The Government further indicates that, in addition to the outreach, OSHA responded to several thousand COVID-19 related complaints from workers in a broad array of industries.
The Committee also notes the observations of the AFL CIO, alleging that the Government has not fulfilled its responsibilities in many areas of labour administration, including gaps in laws, administrative rules, enforcement, tripartite consultation, budget and OSH. According to the AFL CIO, OSHA’s failures in the context of the COVID-19 pandemic include its refusal to issue regulations or emergency temporary standards on infectious diseases, its issuance of voluntary guidance only (which creates no legal obligation for employers or penalties for non-compliance), and its failure to ensure the enforcement of existing OSH standards, including acting on complaints received. The AFL CIO also refers specifically to the high number of infections among farmworkers, including a high proportion of migrant workers, as they continue to work during the pandemic. In addition, the AFL CIO alleges that the OSHA has failed to bring together employers and unions in tripartite discussions to address the COVID-19 crisis, in violation of Article 5 of the Convention. Lastly, the AFL CIO criticizes the effective operation of labour administration with respect to the actions and decisions of the National Labour Relations Board, for failing to create an enabling environment for industrial relations and bargaining. The Committee requests the Government to provide its comments in this respect.

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The Committee notes the supplementary information provided by the Government in light of the Governing Body’s decision at its 338th Session (June 2020). The Committee proceeded to examine the application of the Convention on the basis of the supplementary information provided this year, as well as of the information available to it in 2019.
Articles 7 and 8 of the Convention. Employment, unemployment and underemployment statistics. Statistics of the structure and distribution of the economically active population. The Committee notes the comprehensive information provided by the Government in its report and notes that statistics continue to be supplied regularly to the ILO Department of Statistics for dissemination through its website (ILOSTAT). The Committee notes the Government’s indication that there were no changes in the laws and regulations which administer the collection, compilation and publication of labour statistics in the United States during the reporting period. The main source of statistics on the labour force, employment, unemployment and time-related underemployment continues to be the monthly Current Population Survey (CPS). Statistics derived from the CPS, along with the relevant methodological information, are disseminated through the United States Bureau of Labor Statistics’ website. The Committee notes from the supplementary information provided by the Government that, in May 2017, a special supplement to the CPS on contingent workers and alternative employment arrangements was conducted (the Contingent Worker Supplement (CWS)). Based on experience with the CWS, the Bureau of Labor Statistics commissioned a study from the National Academy of Sciences to recommend updates to the CWS. The Committee notes that data on the economically active population derived from population censuses are regularly compiled, recalling that the most recent population census was conducted in April 2010. It notes that the next population census took place in 2020, but that on 13 October 2020, the US Supreme Court allowed the Census Bureau to halt the 2020 census count ahead of schedule. The Committee requests that the Government provide data and information on the methodology used in the application of the provisions of the Convention, including in relation to the 2020 population census. It also invites the Government to provide information on any developments in relation to the implementation of the resolution concerning statistics of work, employment and labour underutilization (resolution I), adopted by the 19th International Conference of Labour Statisticians (October 2013).

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).
The Committee notes the information in the Government’s report, in reply to its previous requests concerning Article 13(1)(a) (workers’ and representatives’ right to report accidents, dangerous occurrences and hazards), and 13(2)(c) (representatives’ right to have recourse to advisers and independent experts).
Article 13(2)(b)(ii) of the Convention. Right of safety and health representatives to monitor and investigate safety and health matters. The Committee notes the information provided by the Government, in response to the Committee’s previous request on the right of safety and health representatives to monitor and investigate safety and health matters. In particular, the Government states that miners’ representative are entitled to receive various notices and to participate in the health and safety process at the mine. The Committee notes that, according to the Government, such representatives have the right to receive information on a number of topics, including on hazardous waste (30 C.F.R. s47.53) and training plans (30 C.F.R. ss48.3(d) and 48.23(d)). The Committee requests the Government to provide further information on the manner in which safety and health representatives can exercise their right to participate in the health and safety process at the mine in practice, and to indicate any provisions in national laws and regulations setting out a right for those representatives to investigate safety and health matters, in accordance with Article 13(2)(b)(ii) of the Convention.
Article 14(c). Duty of workers to report situations which could present a risk. The Committee notes the Government’s indication that the Federal Mine Safety and Health Act 1977 (the Mine Act), as amended, does not specifically require miners or their representatives to report any particular situation. The Government also refers to the Mine Safety and Health Administration (MSHA)’s Guide to Miners’ Rights and Responsibilities Under the Federal Mine Safety and Health Act of 1977, which states that miners have the responsibility to notify the operator, supervisor, or other responsible person, when refusing to work in unsafe or unhealthy conditions. The Committee recalls that, under Article 14(c) of the Convention, workers shall have the duty, under national laws and regulations, and in accordance with their training, to report forthwith to their immediate supervisor any situation which they believe could present a risk to their safety or health or that of other persons, and which they cannot properly deal with themselves. The Committee requests the Government to provided further information on the implementation of Article 14(c) of the Convention, and in particular to indicate the measures taken or envisaged to ensure that the abovementioned duty of workers is stated in national laws and regulations.
Application of the Convention in practice. The Committee notes the detailed statistical information provided by the Government, in response to its previous request, on the application of the Convention in practice. In this respect, the Government indicates that between June 2014 and May 2019, the MSHA received 10,784 hazardous conditions complaints and 747 complaints for retaliation or discrimination. The Committee also notes the Government’s indication that the MSHA issued 98,000 citations and orders in 2018, which included 180 imminent danger orders, and 99,364 citations and orders in 2019, including 191 imminent danger orders. The Government further indicates that, in 2019, the fatal injury rate was of 0.0095 injuries per 200,000 hours worked (a decrease from 0.0098 in 2018), and that the rate for all injuries was of 2.04 injuries per 200,000 hours worked (a decrease from 2.05 in 2018). Taking due note of the decreasing injury rate, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including on inspection activities, hazardous conditions complaints received and work-related accidents and diseases in the mining sector. The Committee also requests the Government to continue to provide information on measures taken or envisaged to address the causes of such accidents and diseases. In addition, the Committee requests the Government to provide further information on the implementation of Article 13(4) of the Convention in practice, to ensure that workers and their safety and health representatives can exercise the OSH rights set out in Article 13(1) and (2) without discrimination or retaliation. In this respect, it requests further information on the follow-up given to the complaints of retaliation or discrimination received, including the number of investigations undertaken and the outcome of these investigations (including the number and types of penalties applied).

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year as well as on the basis of the information at its disposal in 2019.
Articles 3(a), 7(1) and 7(2)(b) of the Convention. Worst forms of child labour. Sale and trafficking of children, penalties and assistance to victims. The Committee notes the Government’s indication in its report, with reference to the Attorney General’s Annual Report to Congress and Assessment of U.S. Government Activities to Combat Trafficking in Persons, that the Criminal Division’s Child Exploitation and Obscenity Section within the Department of Justice (DOJ) provides subject-matter expertise on the sexual exploitation of minors in any form, including foreign and domestic child sex trafficking, technology-facilitated child sex trafficking, and child sex tourism. Moreover, in 2018, the Child Exploitation Investigations Unit under the Department of Homeland Security identified and rescued 859 child victims, initiated 4,158 cases, conducted 3,191 criminal arrests, received 1,982 indictments, and achieved 1,703 convictions.
The Committee also notes the Government’s indication that the Trafficking Victims Protection Act was reauthorized through the year of 2021. Moreover, approximately $1.9 million was granted by DOJ in 2019 to three mentoring project sites and one training site under the Mentoring for Child Victims of Commercial Sexual Exploitation and Domestic Sex Trafficking Initiative, aimed at enhancing the capacity of organizations to respond to the needs of child victims and to provide specialized victim services. The Committee further notes the supplementary information provided by the Government in 2020, according to which, the Department of Health and Human Services (HHS) issued 892 Eligibility Letters to foreign child victims of trafficking to be eligible for federally funded benefits and services to the same extent as refugees. In addition, HHS provides funds for various victim identification and protection programmes. In 2019, 144 child victims received case management services under the Trafficking Victim Assistance Program, while 67 child victims were identified and referred through outreach and awareness programs. Taking due note of the various measures and initiatives undertaken by the Government, the Committee encourages the Government to continue its efforts to eliminate the trafficking of children for both labour and sexual exploitation. It requests the Government to continue to provide information on the measures taken in this regard and the results achieved, including: i) the number of investigations, prosecutions, convictions and penal sanctions applied for the offence of trafficking of children; ii) the number of child victims identified and removed, as well as the number of those who received appropriate assistance.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year as well as on the basis of the information at its disposal in 2019.
The Committee notes the observations of the American Federation of Labour and Congress of Industrial Organizations (AFL–CIO) received on 18 September 2019.
Articles 4(1), 5 and 7(1) of the Convention. Determination of types of hazardous work, monitoring mechanisms and penalties. Hazardous work in agriculture from 16 years of age. In its previous comments, the Committee noted that section 213 of the Fair Labour Standards Act (FLSA) permits children aged 16 years and above to undertake, in the agricultural sector, occupations declared to be hazardous or detrimental to their health or well-being by the Secretary of Labour. The Government, referring to Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), stated that Congress considered it as safe and appropriate for children from the age of 16 years to perform work in the agricultural sector. However, the Committee noted that work in agriculture was found to be “particularly hazardous for the employment of children” by the Secretary of Labour. According to the website of the Occupational Safety and Health Administration (OSHA), agriculture ranked among the most dangerous industries.
The Committee also noted the Government’s detailed information concerning the intensification of its efforts to protect young agricultural workers’ occupational safety and health. For example, the Wage and Hour Division (WHD) of the Department of Labour (DOL) developed strategy to use education and outreach to promote understanding of agricultural employers’ and workers’ rights and responsibilities alike. The WHD also strengthened the protection of young workers by making full use of the regulatory tools available to it, including the new “hot goods” provision and the Child Labour Enhanced Penalty Program, which enabled it to impose increased penalties on violators of child labour law. The Committee further noted the Government’s statement that the Environmental Protection Agency’s Worker Protection Standard (WPS) (40 C.F.R. Part 170) was revised to prohibit children under 18 from handling agricultural pesticides. The Committee encouraged the Government to continue taking measures to ensure that children under 18 years of age only be permitted to perform work in agriculture on the condition that their health and safety are protected and that they receive adequate specific instruction.
The Committee notes that the AFL–CIO indicates in its observations that there have not been significant improvements to the laws, related work rules or their enforcement. According to the report entitled “Working Children: Federal Injury Data and Compliance Strategies Could be Strengthened” published by the US Government Accountability Office in November 2018, while 5.5 per cent of working children toiled on farms, agriculture was responsible for more than half of child occupational deaths. Between 2003 and 2016, 237 children died in farm-related work accidents, representing four times the number of deaths of any other sector. The AFL–CIO also states that the DOL found only 34 violations per year over a several year period and that the extremely low number of violations detected shows the weak enforcement. The AFL–CIO further indicates that, according to the Farm Labour Organizing Committee (FLOC) reports, there are still children under 16 years of age doing hazardous work in the tobacco fields. The failure to update the Agricultural Hazardous Occupations Orders means that the DOL plays no role in enforcing minimum work ages (except for the age of 12 which is still legally the minimum age across agriculture).
The Committee notes the Government’s information in its report that the amendment of the Environmental Protection Agency (EPA)’s Worker Protection Standard (WPS), which prohibits pesticide usage by young workers under 18 years of age (except for those in the immediate family of the farmer), came into effect in January 2017. The Government indicates that OSHA and the WHD continue to conduct extensive outreach and education campaigns to ensure that young workers are aware of their rights, have accurate safety information and know where to find helpful resources. The WHD also conducts numerous investigations during the reporting period. When violations occur, the WHD pursues effective penalties and resolutions to protect young workers. The Committee also notes the supplementary information provided by the Government in 2020, according to which, in 2019, the WHD found child labour violations in 858 concluded cases. In those cases, WHD found that 3,073 minors were working in violation of the Fair Labour Standards Act. In 240 of the cases, violations of Hazardous Occupation Orders (HOs) were found, with a total of 544 minors employed in violation of HOs. The most common violations often involve the failure to comply with the hours standards for 14- and 15-year-olds in non-agricultural industries, and the failure to comply with HOs in non-agricultural industries for 16- and 17-year-olds. The Committee observes that the above information only concerns violations of HOs in non-agricultural industries.
The Committee also notes the Government’s reference to the surveys related to children working in agriculture carried out by the National Institute for Occupational Safety and Health (NIOSH). According to the report “Young Worker Injury Deaths: A Historical Summary of Surveillance and Investigative Findings” published in 2017, agriculture production is ranked as the sector with both the highest fatality number (389 deaths) for all youth under 18 and the highest fatality rate (19.7 per cent) for youth aged 15–17 from 1994 to 2013 (page 16). Between 1982 and 2010, there were 31 investigations conducted by the State Fatality Assessment and Control Evaluation (FACE) for youth fatalities that occurred in the agriculture production industry. In almost half of the 31 investigations, the youth was working in a business owned by a family member; and in 14 investigations, the employer was reported to be the youth’s parent or guardian. Documentation of formal training was rare, with two of the 31 investigated fatalities reporting that the youth received formal training. Moreover, most of the 31 investigated fatalities occurred on operations not covered by child labour regulations or on operations where coverage could not be determined (pages 57–58). In addition, according to the 2019 Fact Sheet on Childhood Agricultural Injuries in the US, from 2001 to 2015, 48 per cent of all fatal injuries to young workers occurred in agriculture. Since 2009, the number of youth worker fatalities in agriculture has been higher than in all other industries combined. In 2016, young workers were 7.8 times more likely to be fatally injured in agriculture when compared to all other industries combined. Transportation incidents were the most common fatal event, with tractors and all-terrain vehicles (ATVs) as the primary vehicle sources.
While taking note of the measures taken by the Government to protect the health and safety of young persons working in agriculture, the Committee must note with concern that a significant number of children under 18 years still suffer injuries, some serious, while engaged in farm work. Moreover, the statistical information shows that agriculture production remains the most dangerous sector for children, with the highest number of fatal injuries, especially for those who work for family-owned businesses or perform operations not covered by child labour regulations. In this regard, the Committee once again recalls that work which, by its nature or the circumstances in which it is carried out was likely to harm the health, safety or morals of children, constitutes one of the worst forms of child labour and, therefore, Member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. While Article 4(1) of the Convention allows the types of hazardous work to be determined by national laws or regulations or the competent authority, after consultation with the social partners, the Committee notes that in practice, the agricultural sector, which is not on the list of hazardous types of work, remains an industry that is particularly hazardous to young persons. The Committee therefore urges the Government to strengthen its efforts to ensure that children under 18 years of age only be permitted to perform work in agriculture on the condition that their health and safety are protected and that they receive adequate specific instruction. It also requests the Government to take the necessary measures to ensure that the child labour regulations apply to all children working in agriculture, and to strengthen the capacity of the institutions responsible for the monitoring of child labour in agriculture, to protect child agricultural workers from hazardous work. The Committee further requests the Government to continue providing detailed statistical information on child labour in agriculture, including the number of work-related injuries of children working in agriculture, as well as the extent and nature of child labour violations detected, investigations carried out, prosecutions, convictions and penalties applied.
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