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ESA-WHD New Release: [05/06/1998]
Contact Name: Brad Mitchell
Phone Number:
Juan Solano (312) 353-6976
Release Number: V-1998-125
Applegate Steel Accused of Federal Child Labor Violation
WASHINGTON — A Saratoga, Ind. farm equipment company has been assessed a civil money penalty of $8,500 by the U.S. Labor Department after a teenage worker lost a finger in a workplace mishap.
The department’s Wage and Hour Division announced today that it has assessed the penalty against R.G. Applegate Steel Co. Inc., doing business as Applegate Farm Equipment, for alleged violations of child labor rules under the Fair Labor Standards Act (FLSA).
An investigation by the division’s district office in Indianapolis found that the 17-year old worker’s little finger on his left hand was severed when he attempted to dislodge a pipe that was stuck in a notcher machine.
District Director Connie Klipsch, who supervised the Wage and Hour investigation, said the machinery the teenager was operating is covered by a "hazardous order" for power-driven metal forming, punching and shearing machines.
Klipsch explained that occupations covered by hazardous orders are considered too dangerous for employees under the age of 18, although limited work under some of the hazardous orders is possible through formal apprenticeship programs or school vocational education programs.
"The Department of Labor wants to make sure that job opportunities for children are available in a safe environment," said Klipsch. "This penalty sends a clear message to employers and workers that the Department is dedicated to keeping children safe."
Applegate has requested a hearing to contest the civil money penalty. The matter will be heard by a Labor Department administrative law judge.
Editor’s Note: The 17 hazardous orders involve:
1. manufacturing & storing explosives 2. driving motor vehicles 3. coal mining 4. logging & sawmilling 5. operating power-driven woodworking machines 6. exposure to radioactive substances 7. operating a power-driven hoisting apparatus 8. operating power-driven metal forming, punching & shearing machines 9. mining, other than coal mining 10. operating meat grinding/slicing equipment & work in meat processing 11. operating power-driven bakery machines 12. operating power-driven paper products machines 13. manufacturing brick, tile & kindred products 14. operating circular saws, band saws & guillotine shears 15. wrecking demolition & shipbreaking 16. roofing 17. excavation
Area employers and workers may obtain a copy of any of the hazardous orders by faxing a request to (317) 226-5177.
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This information will be made available to sensory impaired individuals upon request. Voice phone: (312) 353-6976; TDD Message Referral Phone: 1-800-800-4571.
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