The following model policy is based on the federal Children’s Act for Responsible Employment and Farm Safety (CARE Act), which is endorsed by at least 185 organizations, including several of America’s largest labor unions, child advocacy groups, farmworker support organizations, and civil rights groups, including the organizational authors of this report Lawyers for Good Government, the Child Labor Coalition, and the National Consumers League.¹ The model policy below incorporates additional provisions based on best practice recommendations from other organizations, and consultation with leading child labor experts.²

1. “Oppressive agricultural child labor” means agricultural employment where:
   1. Any employee who is 16 or 17 years of age is employed in any occupation that involves performing a hazardous agricultural activity, or that is otherwise particularly hazardous for the employment of children between such ages or detrimental to their health or well-being;
   2. Any employee who is 14 or 15 years of age is employed by an employer, unless the employment is confined to periods which will not interfere with the schooling of the employee, and that the conditions of employment will not interfere with the health and well-being of the employee; or
   3. Any employee who is under 14 years of age is employed by an employer.
   
   
2. The provisions of subsection (1) shall not apply to any employee under:
1. 18 years of age who is employed in agriculture by his or her parent, or by a person standing in the place of the parents, on a farm owned by the parent or person; and
2. 16 years of age who is employed by his or her parent, or by a person standing in the place of the parent, in employment of a child 16 or 17 years of age or detrimental to their health or well-being.


3. “Hazardous agricultural activity” means:
1. Any agricultural activity performed by any employee, that creates a substantial risk of serious injury or serious illness to any person, including but not limited to:
   1. Operating an all-terrain vehicle (ATV) or similar off-road vehicles;
   2. Operating a tractor, forklift, or other heavy equipment;
   3. Handling any part of a tobacco plant; and
   4. Any task that requires:
      1. handling pesticides, open containers of pesticides, or any equipment that may contain pesticide residues;
      2. assisting with application of pesticides;
      3. acting as a pesticide flagger;
      4. performing tasks as a crop advisor during any pesticide application;
      5. entering a treated area during an applicable restricted-entry interval; or
      6. otherwise significant risk of pesticide exposure.


4. “Serious injury or serious illness” means:
1. Permanent loss or substantial impairment of the function of a bodily member, organ or mental faculty; or
2. Permanent paralysis or substantial impairment that causes loss of movement or mobility or an arm, leg, foot, hand, or other body part.

1. Any person who violates any of the provisions of this title shall upon conviction be subject to:
   1. a fine of not less than $500 and not more than $15,000 for each employee who was the subject of such a violation, or to imprisonment for not more than 5 years, or both; or
   2. a fine of not less than $15,000 and not more than $60,115 with regard to each such violation that results in the serious injury, serious illness, or death of any employee under the age of 18 years, which may be doubled where the violation is a repeated or willful violation, or to imprisonment for not more than 5 years, or both.

1. The [State Department of Labor] shall annually collect and analyze data concerning children under the age of 18 who are employed in agriculture, and each work-related injury, illness, or death of any such child.
2. The [State Department of Labor] shall annually submit to the [State Legislature] and publish on its website a report which shall include:
   1. A summary of the data collected under this section;
   2. An evaluation, based on such data, that reflects the status of child labor and related safety and health hazards; and
   3. Any information, based on such data, that leads the [State Labor Commissioner] to believe that children under 18 years of age may have been employed in violation of this section.
3. Any employer shall submit a report to the [State Labor Commissioner] no later than 5 days thereafter when the employer is involved in any event related to:
   1. A work-related serious injury to an employee under 18 years of age employed in agriculture;
   2. A work-related serious illness of an employee under 18 years of age employed in agriculture; or
   3. A work-related death of an employee under 18 years of age employed in agriculture.
4. The report in subsection (3) of this section shall at a minimum include:
   1. The name and address of the employer
   2. The name, address, and age of the employee,
   3. Details relevant to the incident, to include environmental hazards, chemical or pesticide exposure, use of machinery or tools at the time of the incident, work tasks performed at the time of the incident, and other details relating to the incident; and
   4. Such other information as the [State Labor Commissioner] may by regulation prescribe.

1. Any employer who fails to file a report as required under Section 4 of this title may be assessed a civil penalty of not less than $500 and not more than $7,000 per violation.

1. Each employer who employs agricultural workers under age 18 shall develop and implement written procedures to comply with the provisions of this title.

1. Employees shall have access to potable drinking water that is fresh, pure, suitably cool, and provided to employees free of charge. The water shall be located as close as practicable to the areas where employees are working. Employers shall provide water in sufficient quantity to allow employees to drink one quart or more of water per hour. Employers shall encourage employees to drink water frequently.
2. Shade
1. Shade that is open to the air or provided with ventilation or cooling shall be present when the temperature exceeds 80 degrees Fahrenheit. Employers shall provide timely access to shade upon an employee’s request when the temperature does not exceed 80 degrees Fahrenheit.
2. Employees shall be allowed a preventative cool-down rest in the shade for a minimum of five minutes per hour.
3. Where the employer can demonstrate that it is unsafe or infeasible to have shade present on a continuous basis, the employer may utilize alternative procedures that provide equivalent protection.
4. Employees who experience symptoms of heat illness shall not be ordered back to work until any symptoms of heat illness have abated, and shall be provided timely appropriate first aid or emergency response.
3. The [State Labor Commissioner] shall develop and adopt regulations that require employers to train supervisors and employees to protect employees from heat-related illness caused by heat stress.

1. The [State Labor Commissioner] may prescribe any rule as necessary to implement the provisions in this title.

1. Reid Maki, “185 Organizations Endorse Legislation (CARE Act) to Close Child Labor Loopholes that Endanger the Health, Safety and Educational Development of Farmworker Children,” The Child Labor Coalition, July 27, 2021, https://stopchildlabor.org/90-organizations-endorse-legislation-to-close-child-labor-loopholes-that-endanger-the-health-safety-and-educational-development-of-farmworker-children/

2. This model policy is based on The CARE Act. Primary additions include a new definition of “hazardous agricultural activity” to explicitly protect children from agricultural occupations that have been shown to create a substantial risk to the health and safety of children, and a new heat illness prevention standard, which is based on state laws that have already been enacted on this issue.