Republicans and Democrats are joining forces and have stepped up their efforts to block new rules from the Obama administration that would limit the work younger people can do on farms. They are opposing the new regulations in the name of family farmers.
Bills that would preempt regulations proposed by the Labor Department forbidding kids under 16 from doing certain agricultural duties are receiviing bipartisan support.
GOP members of both the House and Senate introduced bills this month that would preempt regulations proposed by the Labor Department forbidding kids under 16 from doing certain agricultural duties deemed too dangerous.
The Senate version quickly found a backer in Sen. Jon Tester (D-Mont.), the first Democrat to sign on as co-sponsor. Tester and fellow Democratic Sens. Max Baucus (Mont.), Claire McCaskill (Mo.) and Jeanne Shaheen (D-N.H.) have joined 39 Senate Republicans in opposing the new rules.
Tester, a farmer, is in the midst of a tough re-election fight this year, facing an opponent, Montana rancher Rep. Denny Rehberg (R-Mont.), who happens to be among the most outspoken critics of the new child labor rules.
Like agriculture trade groups, Rehberg has cast the proposals as an intrusion on family farms and the rural American way of life, although the Labor Department is claiming that children working on their parents' farms would continue to be exempted from safety rules.
Tester asked the Labor Department in December to reevaluate the rules, saying he was worried they could hurt family operations or impact 4-H programs. Tester has since asked the department to abandon the rules altogether.
According to the Labor Department, the rules would prohibit kids from working in certain capacities for employers that aren't family. For example, no one under 16 could handle tobacco crops due to health concerns; drive tractors that do not have rollover protection, or work inside grain silos and bins.
The proposed rules would not change a long-standing family-farm exemption that's been in place since 1966 and allows a child to do any kind of work on a farm owned by his or her parent, according to the Labor Department. Nor would it eliminate the 4-H programs that teach kids agricultural skills. Children 16 or older would still be allowed to work for any farmer in any capacity.
Speaking in a hearing last month, Rep. Rehberg said the "urban" Labor Department is meddling in a rural industry it doesn't understand, and is "overstepping its boundaries" and "its knowledge base." Rehberg, who oversees funding for the Labor Department through his House subcommittee, has vowed to withhold funding in order to block the rules.
Child and worker safety advocates, including Human Rights Watch, note that the regulations for children working in agriculture have not been updated in 40 years. Many of the proposed changes considered by the Labor Department have been recommended by the National Institute for Occupational Safety and Health (NIOSH), the federal agency that researches work-related safety.
The Labor Department is still crafting the farm rules. If they aren't blocked by Congress, it's unlikely that they would be enacted anytime soon because of the ongoing controversy.