NOTE TO EOP STAFF: You will NOT receive a hard copy of this LRM.
LRM ID: MNB60
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Friday, April 30, 1999
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer - See Distribution
below
FROM: Janet R. Forsgren (for) Assistant Director for
Legislative Reference
OMB CONTACT: Melissa N. Benton
PHONE: (202) 395 -7887 FAX: (202) 395 - 614 8
SUBJECT: LABOR Report on Legislation to ease Fair Labor Standards
Act restrictions on the employment of certain youth in the wood processing
industry
DEADLINE: 11:00 a.m. Wednesday, May 5, 1999
In accordance with OMB Circular A-19, OMB requests the views of your
agency on the above subject before advising on its relationship to the
program of the President. Please advise us if this item will affect
direct spending or receipts for purposes of the "Pay-As-You-Go" provisions
of Title XIII of the Omnibus Budget Reconciliation Act of 1990.
COMMENTS:
DISTRIBUTION LIST
AGENCIES:
61-JUSTICE - Jon P. Jennings - (202) 514-2141
25-COMMERCE - Michael A. Levitt - (202) 482-3151
107-Small Business Administration - Mary Kristine Swedin - (202) 205-6700
52-HEALTH & HUMAN SERVICES - Sondra S. Wallace - (202) 690-7760
EOP:
Barry White
Larry R. Matlack
Debra J. Bond
Sarah Rosen
Stuart Shapiro
Daniel J. Chenok
Karen Tramontano
Maureen T. Shea
Caroline R. Fredrickson
Peter Rundlet
Sandra Yamin
Robert G. Damus
John E. Thompson
Elena Kagan
Janet R. Forsgren
LRM ID: MNB60 SUBJECT: LABOR Report on Legislation to ease Fair
Labor Standards Act restrictions on the employment of certain youth in the
wood processing industry
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no
comment), we prefer that you respond bye-mail or by faxing us this
response sheet. If the response is short and you prefer to call, please
call the branch-wide line shown below (NOT the analyst's line) to leave a
message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be
connected to voice mail if the analyst does not answer); or
(2) sending us a memo or letter
please include the LRM number shown above, and the subject shown below.
TO: Melissa N. Benton Phone: 395-7887 Fax: 395-6148
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant) :
395-7362
FROM: (Date)
(Name)
(Agency)
(Telephone)
The following is the response of our agency to your request for views on
the above-captioned subject:
Concur
No Objection
No Comment
See proposed edits on pages
Other:
FAX RETURN of _____ pages, attached to this response sheet
Unable to convert ARMS_EXT: [ATTACH.D85]ARMS26125853Y.136 to ASCII,
The following is a HEX DUMP:
FF575043D4050000010A000100000000FBFF050032001001000006000800000042000000070016
0000004AOOOOOOOF0056000000600000000C005AOOOOOOB600000018007C007800000054696D65
73204E657720526F6D616E20202854542900000000000000000000000000000000000000000001
0101F4014300F41A5C121A09000000102050BE001C3651110310F4015000000000000000000000
000000000000000000000000000000000000000000000000000000000000000000000000000000
000000000000000000000000000000000000000000000000000000000000000000000000000000
Hex-Dump Conversion
The Honorable Arlen Specter
Chainnan
Subcommittee on Labor, Health and Human Services,
and Education
Committee on Appropriations
United States Senate
Washington, D.C. 20510-6025
Dear Chainnan Specter:
Thank you for your letter regarding child labor restrictions on Amish youth working in
sawmills, and urging an administrative approach to addressing this issue rather than
legislation.
As you know from our conversations on this matter, we share deep respect for the cultural
and religious traditions of the Amish and similar communities, and recognize the good
intentions of efforts to accommodate these traditions.
However, we have equally serious concerns that the legislation which has been proposed,
if enacted, could result in exposing young workers to extremely hazardous workplace
conditions in sawmills and the wood processing industry. This industry has an
occupational fatality rate nearly five times higher than the national private-industry
average. In addition to the serious dangers posed by milling and wood working
equipment, the Department's Occupational Safety and Health Administration has many
examples of sawmill workers who were crushed by falling loads, or run over by front-end
loaders or fork-lifts. These serious dangers are exacerbated for young workers. The
Department of Justice also has serious concerns about the constitutionality of the House
legislation as set forth in their September 1998 letter to the Subcommittee.
Since this issue first arose as a result of the Amish community entering new commercial
business ventures in which they employ their children, the Department of Labor has
repeatedly offered to work with the Old Order Amish to help them comply with the child
labor laws and develop employment opportunities for their young that do not place them
at risk. Many of those efforts were outlined in my July 1, 1998, letter to you. Among
these efforts, we carefully examined two proposals to allow 16-and 17-year-olds to work
in sawmills under certain conditions. Our review ofthese proposals, which included
on-site visits to operating sawmills in Western Pennsylvania, detennined that the
proposals would not adequately protect young workers; their health and safety would still
be at
2 Hex-Dump Conversion
great risk. In addition, as a practical matter, the proposals would not have afforded the
Amish with the accommodations they seek to employ their youth.
I should emphasize that the proposals we considered addressed the potential employment
of 16-and 17-year old youth in sawmills. These proposals did not encompass the
potential employment of 14-and 15-year-olds - as the Old Order Amish community seeks
- because the law specifically prohibits the employment of youth under 16 years of age in
manufacturing, which includes sawmilling and furniture manufacturing.
Clearly, the Department shares your constituents' belief that work experience can be
beneficial for young people. We remain most willing to work with the Old Order
Amish, and you, to try and find a reasonable solution, but our principal obligation under
the law is to ensure that the health and safety of young workers are not compromised.
Sincerely,
Alexis M. Herman
{I
==================== ATTACHMENT 1 ====================
ATT CREATION TIME/DATE: 0 00:00:00.00
TEXT:
Unable to convert ARMS_EXT: [ATTACH.D85]ARMS26125853Y.136 to ASCII,
The following is a HEX DUMP:
FF575043D4050000010A000100000000FBFF050032001001000006000800000042000000070016
0000004AOOOOOOOF0056000000600000000C005AOOOOOOB600000018007C007800000054696D65
73204E657720526F6D616E20202854542900000000000000000000000000000000000000000001
0101F4014300F41A5C121A09000000102050BE001C3651110310F4015000000000000000000000
000000000000000000000000000000000000000000000000000000000000000000000000000000
000000000000000000000000000000000000000000000000000000000000000000000000000000
Hex-Dump Conversion
The Honorable Arlen Specter
Chainnan
Subcommittee on Labor, Health and Human Services,
and Education
Committee on Appropriations
United States Senate
Washington, D.C. 20510-6025
Dear Chainnan Specter:
Thank you for your letter regarding child labor restrictions on Amish youth working in
sawmills, and urging an administrative approach to addressing this issue rather than
legislation.
As you know from our conversations on this matter, we share deep respect for the cultural
and religious traditions of the Amish and similar communities, and recognize the good
intentions of efforts to accommodate these traditions.
However, we have equally serious concerns that the legislation which has been proposed,
if enacted, could result in exposing young workers to extremely hazardous workplace
conditions in sawmills and the wood processing industry. This industry has an
occupational fatality rate nearly five times higher than the national private-industry
average. In addition to the serious dangers posed by milling and wood working
equipment, the Department's Occupational Safety and Health Administration has many
examples of sawmill workers who were crushed by falling loads, or run over by front-end
loaders or fork-lifts. These serious dangers are exacerbated for young workers. The
Department of Justice also has serious concerns about the constitutionality of the House
legislation as set forth in their September 1998 letter to the Subcommittee.
Since this issue first arose as a result of the Amish community entering new commercial
business ventures in which they employ their children, the Department of Labor has
repeatedly offered to work with the Old Order Amish to help them comply with the child
labor laws and develop employment opportunities for their young that do not place them
at risk. Many of those efforts were outlined in my July 1, 1998, letter to you. Among
these efforts, we carefully examined two proposals to allow 16-and 17-year-olds to work
in sawmills under certain conditions. Our review ofthese proposals, which included
on-site visits to operating sawmills in Western Pennsylvania, detennined that the
proposals would not adequately protect young workers; their health and safety would still
be at
2 Hex-Dump Conversion
great risk. In addition, as a practical matter, the proposals would not have afforded the
Amish with the accommodations they seek to employ their youth.
I should emphasize that the proposals we considered addressed the potential employment
of 16-and 17-year old youth in sawmills. These proposals did not encompass the
potential employment of 14-and 15-year-olds - as the Old Order Amish community seeks
- because the law specifically prohibits the employment of youth under 16 years of age in
manufacturing, which includes sawmilling and furniture manufacturing.
Clearly, the Department shares your constituents' belief that work experience can be
beneficial for young people. We remain most willing to work with the Old Order
Amish, and you, to try and find a reasonable solution, but our principal obligation under
the law is to ensure that the health and safety of young workers are not compromised.
Sincerely,
Alexis M. Herman
{I
NOTE TO EOP STAFF: You will NOT receive a hard copy of this LRM.
LRM ID: MNB60
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Friday, April 30, 1999
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer - See Distribution
below
FROM: Janet R. Forsgren (for) Assistant Director for
Legislative Reference
OMB CONTACT: Melissa N. Benton
PHONE: (202)395-7887 FAX: (202)395-6148
SUBJECT: LABOR Report on Legislation to ease Fair Labor Standards
Act restrictions on the employment of certain youth in the wood processing
industry
DEADLINE: 11:00 a.m. Wednesday, May 5, 1999
In accordance with OMB Circular A-19, OMB requests the views of your
agency on the above subject before advising on its relationship to the
program of the President. please advise us if this item will affect
direct spending or receipts for purposes of the "Pay-As-You-Go" provisions
of Title XIII of the Omnibus Budget Reconciliation Act of 1990.
COMMENTS:
DISTRIBUTION LIST
AGENCIES:
61-JUSTICE - Jon P. Jennings - (202) 514-2141
25-COMMERCE - Michael A. Levitt - (202) 482-3151
l07-Small Business Administration - Mary Kristine Swedin - (202) 205-6700
52-HEALTH & HUMAN SERVICES - Sondra S. Wallace - (202) 690-7760
EOP:
Barry White
Larry R. Matlack
Debra J. Bond
Sarah Rosen
Stuart Shapiro
Daniel J. Chenok
Karen Tramontano
Maureen T. Shea
Caroline R. Fredrickson
Peter Rundlet
Sandra Yamin
Robert G. Damus
John E. Thompson
Elena Kagan
Janet R. Forsgren
LRM ID: MNB60 SUBJECT: LABOR Report on Legislation to ease Fair
Labor Standards Act restrictions on the employment of certain youth in the
wood processing industry
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM.
If your response to this request for views is short (e.g., concur/no
comment), we prefer that you respond bye-mail or by faxing us this
response sheet. If the response is short and you prefer to call, please
call the branch-wide line shown below (NOT the analyst's line) to leave a
message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be
connected to voice mail if the analyst does not answer); or
(2) sending us a memo or letter
Please include the LRM number shown above, and the subject shown below.
TO: Melissa N. Benton Phone: 395-7887 Fax: 395-6148
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant):
395-7362
FROM: (Date)
(Name)
(Agency)
(Telephone)
The following is the response of our agency to your request for views on
the above-captioned subject:
Concur
No Objection
No Comment
See proposed edits on pages
Other:
FAX RETURN of _____ pages, attached to this response sheet
Unable to convert ARMS_EXT: [ATTACH.D85]ARMS26125853Y.136 to ASCII,
The following is a HEX DUMP:
FF575043D4050000010AOOOI00000000FBFF050032001001000006000800000042000000070016
0000004AOOOOOOOF0056000000600000000C005AOOOOOOB600000018007C007800000054696D65
73204E657720526F6D616E20202854542900000000000000000000000000000000000000000001
Hex-Dump Conversion
The Honorable Arlen Specter
Chairman
Subcommittee on Labor, Health and Human Services,
and Education
Committee on Appropriations
United States Senate
Washington, D.C. 20510-6025
Dear Chairman Specter:
Thank you for your letter regarding child labor restrictions on Amish youth working in
sawmills, and urging an administrative approach to addressing this issue rather than
legislation.
As you know from our conversations on this matter, we share deep respect for the cultural
and religious traditions of the Amish and similar communities, and recognize the good
intentions of efforts to accommodate these traditions.
However, we have equally serious concerns that the legislation which has been proposed,
if enacted, could result in exposing young workers to extremely hazardous workplace
conditions in sawmills and the wood processing industry. This industry has an
occupational fatality rate nearly five times higher than the national private-industry
average. In addition to the serious dangers posed by milling and wood working
equipment, the Department's Occupational Safety and Health Administration has many
examples of sawmill workers who were crushed by falling loads, or run over by front-end
loaders or fork-lifts. These serious dangers are exacerbated for young workers. The
Department of Justice also has serious concerns about the constitutionality of the House
legislation as set forth in their September 1998 letter to the Subcommittee.
Since this issue first arose as a result of the Amish community entering new commercial
business ventures in which they employ their children, the Department of Labor has
repeatedly offered to work with the Old Order Amish to help them comply with the child
labor laws and develop employment opportunities for their young that do not place them
at risk. Many of those efforts were outlined in my July I, 1998, letter to you. Among
these efforts, we carefully examined two proposals to allow 16-and 17-year-olds to work
in sawmills under certain conditions. Our review of these proposals, which included
on-site visits to operating sawmills in Western Pennsylvania, determined that the
proposals would not adequately protect young workers; their health and safety would still
be at
Autcma Hex-Dilmp Conversion
great risk. In addition, as a practical matter, the proposals would not have afforded the
Amish with the accommodations they seek to employ their youth.
I should emphasize that the proposals we considered addressed the potential employment
of l6-and l7-year old youth in sawmills. These proposals did not encompass the
potential employment of l4-and l5-year-olds - as the Old Order Amish community seeks
- because the law specifically prohibits the employment of youth under 16 years of age in
manufacturing, which includes sawmilling and furniture manufacturing.
Clearly, the Department shares your constituents' belief that work experience can be
beneficial for young people. We remain most willing to work with the Old Order
Amish, and you, to try and find a reasonable solution, but our principal obligation under
the law is to ensure that the health and safety of young workers are not compromised.
Sincerely,
Alexis M. Herman
==================== ATTACHMENT 1 ====================
ATT CREATION TIME/DATE: 0 00:00:00.00
TEXT:
Unable to convert ARMS_EXT: [ATTACH.D85]ARMS26125853Y.136 to ASCII,
The following is a HEX DUMP:
FF575043D4050000010AOOOI00000000FBFF050032001001000006000800000042000000070016
0000004AOOOOOOOF0056000000600000000C005AOOOOOOB600000018007C007800000054696D65
73204E657720526F6D616E20202854542900000000000000000000000000000000000000000001
Hex-Dump Conversion
The Honorable Arlen Specter
Chairman
Subcommittee on Labor, Health and Human Services,
and Education
Committee on Appropriations
United States Senate
Washington, D.C. 20510-6025
Dear Chairman Specter:
Thank you for your letter regarding child labor restrictions on Amish youth working in
sawmills, and urging an administrative approach to addressing this issue rather than
legislation.
As you know from our conversations on this matter, we share deep respect for the cultural
and religious traditions of the Amish and similar communities, and recognize the good
intentions of efforts to accommodate these traditions.
However, we have equally serious concerns that the legislation which has been proposed,
if enacted, could result in exposing young workers to extremely hazardous workplace
conditions in sawmills and the wood processing industry. This industry has an
occupational fatality rate nearly five times higher than the national private-industry
average. In addition to the serious dangers posed by milling and wood working
equipment, the Department's Occupational Safety and Health Administration has many
examples of sawmill workers who were crushed by falling loads, or run over by front-end
loaders or fork-lifts. These serious dangers are exacerbated for young workers. The
Department of Justice also has serious concerns about the constitutionality of the House
legislation as set forth in their September 1998 letter to the Subcommittee.
Since this issue first arose as a result of the Amish community entering new commercial
business ventures in which they employ their children, the Department of Labor has
repeatedly offered to work with the Old Order Amish to help them comply with the child
labor laws and develop employment opportunities for their young that do not place them
at risk. Many of those efforts were outlined in my July I, 1998, letter to you. Among
these efforts, we carefully examined two proposals to allow 16-and 17-year-olds to work
in sawmills under certain conditions. Our review of these proposals, which included
on-site visits to operating sawmills in Western Pennsylvania, determined that the
proposals would not adequately protect young workers; their health and safety would still
be at
Autcma Hex-Dilmp Conversion
great risk. In addition, as a practical matter, the proposals would not have afforded the
Amish with the accommodations they seek to employ their youth.
I should emphasize that the proposals we considered addressed the potential employment
of l6-and l7-year old youth in sawmills. These proposals did not encompass the
potential employment of l4-and l5-year-olds - as the Old Order Amish community seeks
- because the law specifically prohibits the employment of youth under 16 years of age in
manufacturing, which includes sawmilling and furniture manufacturing.
Clearly, the Department shares your constituents' belief that work experience can be
beneficial for young people. We remain most willing to work with the Old Order
Amish, and you, to try and find a reasonable solution, but our principal obligation under
the law is to ensure that the health and safety of young workers are not compromised.
Sincerely,
Alexis M. Herman
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