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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 693-4650
The U.S. Department of Labor today levied the maximum possible penalty
against Tyson Foods, Inc., for violations of federal child labor laws that
contributed to the death of an under-age, teenage worker and the serious injury
of another.
"One teenager died and another suffered serious injuries because this
company ignored the law," Secretary of Labor Alexis M. Herman said. "It was
illegal for either one of them to be employed in the kind of work Tyson's hired
them to do. Too many adults think that our laws that protect young workers are
not necessary. These tragedies prove just how important they are."
The nation's largest poultry producer, headquartered in Springdale,
Ark., was fined $59,274 for violations of the child labor provisions of the
Fair Labor Standards Act at two of its plants. The Labor Department's Wage and
Hour Division determined that the violations contributed to the death of a
15-year-old employed in the firm's Hempstead County, Ark., facility and the
serious injury of a 14-year-old employed in its Sedalia, Mo., facility.
Investigators in Arkansas found that a 15-year-old was electrocuted
shortly after midnight when he bumped into a fan while working as a "chicken
catcher." Federal child labor laws prohibit the employment of minors under 16
years of age in any processing activity such as poultry processing. The law
also prohibits 14-and 15-year-olds from working between the hours of 7 p.m. and
7 a.m., except during summer months when they may work until 9 p.m.
The department is also fining the labor contractor who recruited and
placed the minor at the Tyson's plant. Under the Fair Labor Standards Act, a
worker may be "jointly employed" by two employers at the same time. Where such
a joint employment relationship exists, each employer is individually
responsible for compliance with all applicable labor standards.
The investigation at the Missouri plant revealed that a 15-year-old,
also illegally employed in poultry processing, seriously injured both legs when
he slipped and fell into an auger. The minor suffered severe nerve damage and
second degree burns. The injury occurred at 1:20 a.m., well past the quitting
time required under the child labor provisions. Three other minors, one
15-year-old and two 14-year-olds, were also found to have been unlawfully
employed at this facility.
Tyson Foods, Inc. was fined $37,962 for the violations at the Missouri
plant and $21,312 for the violations in Arkansas. The fines are based on the
number of violations.
Earlier this year, Secretary Herman launched the Safe Work/Safe
Kids initiative to promote compliance with child labor laws, raise
public awareness about the importance of workplace safety for young workers and
reduce the incidence of work-related injuries and fatalities.
Tyson Foods, Inc. and the labor contractor have 15 days to request a
hearing before a Department of Labor administrative law judge should they
disagree with the investigation findings. For more information about child
labor laws, contact the Wage and Hour Division office listed in the blue pages
of your local telephone directory.
Archived News Release--Caution:
information may be out of date.
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