Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Worst Forms of Child Labour Convention, 1999 (No. 182) - United States of America (Ratification: 1999)

The Committee has noted a communication dated 11 September 2001 of the International Confederation of Free Trade Unions (ICFTU), submitting comments on the observance of the Convention, a copy of which has been forwarded to the Government for any comments it might wish to make on the matters raised therein.

In its communication, the ICFTU alleged, inter alia, that an underfunded labour inspectorate and inadequate penalties for employers who violate the law mean that legally established labour standards covering child labour are inadequately enforced. It referred to a 1997 survey, based on federal government data, which revealed that some 290,000 children were working illegally, of whom the greatest number worked in the agricultural and horticultural sectors. Some 14,000 children under the age of 14, some as young as nine, worked in garment "sweatshops". Under-age children were also employed in such industries as meatpacking, construction and in sawmills and furniture factories. In its communication, the ICFTU indicated that, notwithstanding the fact that agriculture is both dangerous and employs the largest share of children working in the United States, child labour laws governing minimum age, working hours, and overtime pay do not apply to agriculture. The ICFTU alleged that children are often unprotected from harmful pesticides and between 400 and 600 children working in agriculture suffer work-related injuries that are reported each year. In addition, between 1992 and 1996, 59 children lost their lives while working in agriculture.

The Committee requests the Government to present its comments on the allegations made by the ICFTU.