Sec. 403. Enabling training and public engagement
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The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended by inserting after section 18D ( 29 U.S.C. 218d ) the following: The Secretary shall, directly or by grants or contracts, provide for the establishment and supervision of programs for— the education and training of employers and employees in the recognition, avoidance, and prevention of violations of this Act; the education and training of professionals involved in the placement, education, or delivery of other services to children on identifying and responding to oppressive child labor and incorporating into their activities knowledge about risk factors for exposing children to oppressive child labor; and identification of potential violations of this Act and support for victims of such violations.
The Secretary shall publish an annual report on oppressive child labor and the employment of children. Such report, which may at the Secretary’s discretion be consolidated with any other report about the activities of the Secretary related to children and employment, shall include— a report of the Secretary’s activities during the preceding year implementing the provisions of this Act related to child labor, including the number of directed investigations; trends or other relevant analysis of youth employment, oppressive child labor, and the Secretary’s enforcement activities; and an evaluation and appraisal of the protections against oppressive child labor established by this Act, together with the Secretary’s recommendations to the Congress.
The Secretary shall publish, not later than March 1 of each year, an annual statement of the capacity available to the Secretary to enforce this Act, which shall include— the size of the inspectorate available in the preceding fiscal year to investigate and conduct enforcement activities pursuant to this Act; the number of establishments and employees subject to the jurisdiction of this Act; the ratio of inspectors to establishments and the ratio of inspectors to employees; historical trends in such ratios, including a comparison of the most recent fiscal year to the years of the lowest such ratios; and illustrative metrics of enforcement capacity, including the number of years necessary for the inspectorate (based on the size of the inspectorate described in paragraph (1)) to inspect every workplace in the Secretary’s jurisdiction under this Act at least once. .
Section 20(d) of the Occupational Safety and Health Act ( 29 U.S.C. 669(d) ) is amended— by striking the first word and inserting the following: Public information initiatives .— Information ; and by adding at the end the following: The Secretary shall produce an annual report of occupational illness and injury specific to employees under the age of 18. Such report, which may at the Secretary’s discretion be consolidated with any other report about the activities of the Secretary related to children and employment, shall include— complaints and enforcement activities during the preceding year involving employees under the age of 18; statistics about occupational illness, injury, and fatality suffered by such employees, including the distribution by age group of such illness, injury, and fatality across demographic factors such as country of origin, race, and ethnicity; reasonable estimates, informed by research and in consultation with the Secretary of Health and Human Services, of the incidence and prevalence of occupational injury, illness, and fatality for such employees, accounting for such factors as underreporting and illness latency, and including occupational illness likely to manifest after childhood because of exposure to a toxic substance or harmful physical agent during childhood employment; trends or other relevant analysis of the matters described in the preceding subparagraphs; and an evaluation and appraisal of the protections against occupational illness, injury, and fatality provided to such employees established by this Act, together with the Secretary’s recommendations to the Congress.
The Secretary shall publish, not later than March 1 of each year, an annual statement of the capacity available to the Secretary to enforce this Act, including the following: the size of the inspectorate available in the preceding fiscal year to investigate and conduct enforcement activities pursuant to this Act; the number of establishments and employees subject to the jurisdiction of this Act; the ratio of inspectors to establishments and the ratio of inspectors to employees; historical trends in such ratios, including a comparison of the most recent fiscal year to the years of the lowest such ratios; to the extent feasible, such ratios for the State plans; and illustrative metrics of enforcement capacity, including the number of years necessary for the inspectorate (based on the size of the inspectorate described in paragraph (1)) to inspect every workplace in the Secretary’s jurisdiction under this Act at least once. .
Section 21 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 670 ) is amended by adding at the end the following: The Secretary of Health and Human Services shall, directly or by grant or contract, periodically undertake research, demonstrations, experiments, and surveys relevant to the effective design and delivery of safety and health training, education, and information targeted to employees under the age of 18 and employers of such employees. .
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