Page:United States Statutes at Large Volume 110 Part 2.djvu/762

This page needs to be proofread.

110 STAT. 1554 PUBLIC LAW 104-174—AUG. 6, 1996 Federal Register, publication. Reports. "(iv) the employer of 16- and 17-year-old employees provides notice, and posts a notice, on the scrap paper balers and paper box compactors stating that— "(I) the scrap paper balers and paper box compactors meet the applicable standard described in clause (i); "(11) 16- and 17-year-old employees may only load the scrap paper balers and paper box compactors; and "(III) any employee under the age of 18 may not operate or unload the scrap paper balers and paper box compactors. The Secretary shall publish in the Federal Register a standard that is adopted by the American National Standards Institute for scrap paper balers or paper box compactors and certified by the Secretary to be protective of the safety of minors under clause (i)(II). "(C)(i) Employers shall prepare and submit to the Secretary reports— "(I) on any injury to an employee under the age of 18 that requires medical treatment (other than first aid) resulting from the employee's contact with a scrap paper baler or paper box compactor during the loading, operation, or unloading of the baler or compactor; and "(II) on any fatality of an employee under the age of 18 resulting from the employee's contact with a scrap paper baler or paper box compactor during the loading, operation, or unloading of the baler or compactor. "(ii) The reports described in clause (i) shall be used by the Secretary to determine whether or not the implementation of subparagraph (A) has had any effect on the safety of children, "(iii) The reports described in clause (i) shall provide— "(I) the name, telephone number, and address of the employer and the address of the place of employment where the incident occurred; "(II) the name, telephone number, and address of the employee who suffered an injury or death as a result of the incident; "(III) the date of the incident; "(IV) a description of the injury and a narrative describing how the incident occurred; and "(V) the name of the manufacturer and the model number of the scrap paper baler or paper box compactor involved in the incident. "(iv) The reports described in clause (i) shall be submitted to the Secretary promptly, but not later than 10 days after the date on which an incident relating to an injury or death occurred. "(v) The Secretary may not rely solely on the reports described in clause (i) as the basis for maJiing a determination that any of the employers described in clause (i) has violated a provision of section 12 relating to oppressive child labor or a regulation or order issued pursuant to section 12. The Secretary shall, prior to making such a determination, conduct an investigation and inspection in accordance with section 12(b). "(vi) The reporting requirements of this subparagraph shall expire 2 years after the date of enactment of this subparagraph.". SEC. 2. CIVIL MONEY PENALTY. Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended in the first sentence—