,,ii #aahth ,,congress #b;d ,session ,s4 #djch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjbd,mr4 ,lujn introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,fair ,labor ,standards ,act of #aich to strengthen the provisions relating to child labor1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,children's ,act for ,responsible ,employment and ,farm ,safety of #bjbd or the ,,care ,act of #bjbd4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,findings4,,title ,i--,amendments to the ,fair ,labor ,standards ,act of #aich,sec4 #aja4 ,application of child labor laws to independent contractors4,sec4 #ajb4 ,revised age requirement for child agricultural employment and exemptions for hazardous and non-hazardous work4,sec4 #ajc4 ,repeal of waiver provision for hand harvest laborers4,sec4 #ajd4 ,pesticide-related worker protection standard4,,title ,,ii--,penalties and enforcement,sec4 #bja4 ,increased civil penalties for child labor violations4,sec4 #bjb4 ,special criminal penalties for certain aggravated child labor violations4,,title ,,iii--,reports and memorandum of understanding,sec4 #cja4 ,report to ,congress on child labor and work-related injuries to children and related matters4,sec4 #cjb4 ,employer reporting requirements4,sec4 #cjc4 ,memorandum of understanding4,,title ,,iv--,effective dates,sec4 #dja4 ,effective date for application of child labor laws to independent contractors4,sec4 #djb4 ,application of other fair labor standards amendments4,sec4 #djc4 ,application of ,occupational ,safety and ,health ,act amendments4 #c4 ,findings ,congress finds the following3 7#a7 ,across the ,united ,states1 there are hundreds of thousands of children who are working in the agricultural industry and performing the grueling work that is required to plant1 pick1 process1 and pack the food that people eat every day4 7#b7 ,congress included exemptions to the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 child labor provisions that create separate minimum age thresholds and hazardous occupations rules for children employed in agriculture4 ,such ,act does not limit the number of hours per day or week that children can work in agriculture1 nor does it place limits on when that work occurs outside of school hours 7i4e41 children may work in agriculture for any number of hours per day or week1 and at any time during the day or night74 7#c7 ,historically1 children have been permitted to work in agriculture at younger ages1 for longer hours1 and under more hazardous conditions than other working children4 ,like most other agricultural workers1 children remain excluded from basic protections provided to workers in other industries under ,federal employment laws4 ,even where protections exist under ,federal law1 ,federal agencies lack sufficient resources to conduct investigations and hold employers accountable for violations4 7#d7 ,allowing children to engage in agricultural work from a young age can result in long-term negative consequences1 especially when the child worker is not employed on a family farm where family members take precautions for their children and family members4 ,working in agriculture as a child can result in an early end to childhood1 and long hours worked at unfair and unlawful wages can pose risks to their overall health1 education1 and lives4 7#e7 ,child farmworkers suffer work-related fatalities at more than #d times the rate of other young workers and1 according to a #bjah report by the ,government ,accountability ,office1 more than half of all work-related child fatalities are in the agriculture industry1 often because exceptions are made that allow farmworker children to operate heavy1 dangerous equipment and to be exposed to other hazards4 ,yet1 great efforts have been taken to strictly limit the possibility of children in other industries from engaging in dangerous work activities or jobs4 ,the demands imposed by doing agricultural work1 coupled with the low pay and poor working conditions1 result in shocking drop-out rates from school for child farmworkers4 ,aside from these risks1 farmworker children are exceptionally vulnerable to sexual abuse and harassment by supervisors1 company owners1 crew leaders1 co-workers1 and others4 ,i ,amendments to the ,fair ,labor ,standards ,act of #aich #aja4 ,application of child labor laws to independent contractors ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 is amended-- 7#a7 in section #c 7#bi ,u4,s4,c4 #bjc7-- 7,a7 in subsection 7d7-- 7i7 by striking ,employer includes and inserting 7#a7 ,employer includes2 7ii7 by inserting 7or1 for purposes of any child labor provision of this ,act1 including paragraph 7#b71 subsection 7aa71 section #ab1 and any provision of this ,act administering or enforcing such a child labor provision1 a worker7 after employee2 and 7iii7 by adding at the end the following3 7#b7 ,notwithstanding any other provision in this section1 for purposes of any child labor provision of this ,act1 including subsections 7l7 and 7aa71 section #ab1 and any provision of this ,act administering or enforcing such a child labor provision1 the term employer includes any person engaging an individual 7including an independent contractor7 for the performance of work4 2 7,b7 in subsection 7j7-- 7i7 by inserting 7or1 for purposes of any child labor provision of this ,act1 including section #ab and any provision of this ,act administering or enforcing such a child labor provision1 worker7 after employee each place it appears2 and 7ii7 by inserting 7or1 for purposes of any child labor provision of this ,act1 including section #ab and any provision of this ,act administering or enforcing such a child labor provision1 engaged for work7 after was employed2 7,c7 in subsection 7l7-- 7i7 by striking employment under and inserting work under2 7ii7 by striking employee each place it appears and inserting worker2 7iii7 by striking is employed by each place it appears and inserting performs work for2 7iv7 by striking employing and inserting engaging for work2 7v7 by striking employment of each place it appears and inserting engagement for work of2 7vi7 by striking employment in and inserting engagement for work in2 7vii7 by striking employees and inserting workers2 and 7viii7 by striking such employment and inserting such work2 7,d7 in subsection 7s71 by inserting 7or1 for purposes of any child labor provision of this ,act1 including section #ab and any provision of this ,act administering or enforcing such a child labor provision1 workers7 after employees each place it appears2 and 7,e7 by adding at the end the following3 7z7 ,work1 for purposes of any child labor provision of this ,act1 including subsections 7d77#b71 7l71 and 7aa71 section #ab1 and any provision of this ,act administering or enforcing such a child labor provision1 means the performance of services for remuneration1 including employment4 7aa7 ,worker1 for purposes of any child labor provision of this ,act1 including subsection 7l71 section #ab1 and any provision of this ,act administering or enforcing such a child labor provision1 means any individual 7including an independent contractor or an employee7 engaged for work by an employer4 2 7#b7 in section #aa 7#bi ,u4,s4,c4 #baa7-- 7,a7 in subsection 7a7-- 7i7 by inserting 7or1 for purposes of any child labor provision of this ,act1 including section #ab and any provision of this ,act administering or enforcing such a child labor provision1 work7 after employment2 and 7ii7 by inserting 7or1 for purposes of any child labor provision of this ,act1 including section #ab and any provision of this ,act administering or enforcing such a child labor provision1 workers7 after such employees2 and 7,b7 in subsection 7c7-- 7i7 by inserting or1 for purposes of any child labor provision of this ,act1 including section #ab and any provision of this ,act administering or enforcing such a child labor provision1 the persons working for the employer after employed by him2 and 7ii7 by inserting 7or1 for purposes of any such child labor provision of this ,act1 work7 after employment2 7#c7 in section #ab 7#bi ,u4,s4,c4 #bab7-- 7,a7 in subsection 7b71 by striking employment of and inserting engagement for work of2 and 7,b7 in subsection 7d71 by striking employee and inserting worker2 7#d7 in section #ac 7#bi ,u4,s4,c4 #bac7-- 7,a7 in subsection 7c7-- 7i7 in paragraph 7#c71 by striking employed and inserting engaged for work2 7ii7 in paragraph 7#e7-- 7,i7 by striking employee each place it appears and inserting worker2 7,,ii7 by striking employees each place it appears and inserting workers2 and 7,,iii7 in subparagraph 7,c7-- 7aa7 in clause 7i71 by striking employee's each place it appears and inserting worker's2 and 7bb7 in clause 7iii77,i71 by striking employment and inserting work2 7iii7 in paragraph 7#f7-- 7,i7 in the matter preceding subparagraph 7,a7-- 7aa7 by striking employees who are under and inserting workers who are under2 and 7bb7 by striking ,employee who are #ag and inserting ,workers who are #ag2 7,,ii7 by striking employee each place it appears and inserting worker2 7,,iii7 by striking employee's each place it appears and inserting worker's2 7,,iv7 by striking of employment each place it appears and inserting of work2 7,v7 in subparagraph 7,f71 by striking employees of each place it appears and inserting workers of2 and 7,,vi7 in subparagraph 7,g71 by striking employment and inserting engagement for work2 and 7iv7 in paragraph 7#g7-- 7,i7 in subparagraph 7,a77i71 by striking employed and inserting engaged for work2 and 7,,ii7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking employment and inserting engagement for work2 7,b7 in subsection 7d71 by inserting 7or1 for purposes of section #ab1 worker7 after any employee2 and 7,c7 in subsection 7f71 by inserting 7or1 for purposes of section #aa 7with respect to any child labor provision of this ,act7 and #ab1 worker7 after any employee2 and 7#e7 in section #ah;,c 7#bi ,u4,s4,c4 #bah;c7-- 7,a7 by inserting 7or1 for purposes of any child labor provision of this ,act1 including section #ab and any provision of this ,act administering or enforcing such a child labor provision1 worker7 after employee each place it appears2 and 7,b7 by inserting 7or1 for purposes of any child labor provision of this ,act1 including section #ab and any provision of this ,act administering or enforcing such a child labor provision1 of work7 after employment each place it appears4 #ajb4 ,revised age requirement for child agricultural employment and exemptions for hazardous and non-hazardous work 7a7 ,revised age requirement for child agricultural employment and exemptions for non-,hazardous work ,section #ac7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;c77 is amended by striking paragraph 7#a7 and inserting the following3 87#a7 ,except as provided in paragraph 7#b71 the provisions of section #ab relating to child labor shall not apply to any worker-- 7,a7 who is younger than #af years of age and engaged for work1 outside of the school hours for the school district where such worker is living while so engaged1 in agriculture by his or her parent1 grandparent1 aunt1 uncle1 first cousin1 or legal guardian1 on a farm that is owned or operated by such parent1 grandparent1 aunt1 uncle1 first cousin1 or legal guardian1 while such worker is so engaged2 7,b7 who-- 7i7 is #af or #ag years of age2 and 7ii7 is engaged for work in agriculture2 or 7,c7 who-- 7i7 is #ad or #ae years of age2 and 7ii7 is engaged for work in agriculture-- 7,i7 in an occupation that the ,secretary finds and declares appropriate for the engagement for work of a child who is #ad or #ae years of age and does not interfere with the schooling1 health1 and well-being of such a child2 and 7,,ii7 for periods1 and under conditions1 that the ,secretary finds and declares appropriate for the engagement for work of a child who is #ad or #ae years of age in non-agricultural work and does not interfere with the schooling1 health1 and well-being of such a child4 4 7b7 ,exemptions for hazardous work ,section #ac7;c7 of such ,act 7#bi ,u4,s4,c4 #bac7;c77 is further amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,the provisions of section #ab relating to child labor shall apply to any worker younger than #ah years of age engaged for work in agriculture in an occupation the ,secretary finds and declares to be particularly hazardous for the engagement for work of a child younger than #ah years of age or detrimental to the health or well-being of such a child1 except-- 7,a7 with respect to engagement for work1 outside of the school hours for the school district where such worker is living while so engaged1 in agriculture by his or her parent1 grandparent1 aunt1 uncle1 first cousin1 or legal guardian1 on a farm that is owned or operated by such parent1 grandparent1 aunt1 uncle1 first cousin1 or legal guardian2 or 7,b7 with respect to engagement for work in agriculture of a worker who-- 7i7 is a student learner exempted under section #egj4gb7;a7 of title #bi1 ,code of ,federal ,regulations 7or any successor regulations72 7ii7 is exempted under section #egj4gb7;b7 of title #bi1 ,code of ,federal ,regulations 7or any successor regulations71 because the worker has completed a training program of the cooperative extension service of a land-grant college or university2 or 7iii7 is exempted under section #egj4gb7;c7 of title #bi1 ,code of ,federal ,regulations 7or any successor regulations71 because the worker is engaged in a vocational agricultural training program4 4 #ajc4 ,repeal of waiver provision for hand harvest laborers ,section #ac7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;c77 is amended by repealing paragraph 7#d74 #ajd4 ,pesticide-related worker protection standard 7a7 ,congressional finding ,congress finds and declares that the engagement for work of children younger than the age of #ah in the occupation of a pesticide handler is particularly hazardous for1 and detrimental to the health and well-being of1 such children4 7b7 ,requirement for ,secretary of ,labor ,not later than the date that is #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall revise part #egj of title #bi1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to prohibit the engagement for work of a child under the age of #ah as a pesticide handler4 7c7 ,definition of pesticide handler 7#a7 ,in general ,for purposes of this section1 the term pesticide handler means1 except as provided in subparagraph 7,b71 an individual who-- 7,a7 is a child worker performing work at an agricultural establishment or commercial pesticide handling establishment2 and 7,b7 is-- 7i7 mixing1 loading1 transferring1 or applying pesticides2 7ii7 disposing of pesticides or pesticide containers2 7iii7 handling opened containers of pesticides2 7iv7 acting as a flagger2 7v7 cleaning1 adjusting1 handling1 or repairing the parts of mixing1 loading1 or application equipment that may contain pesticide residues2 7vi7 assisting with the application of pesticides2 7vii7 entering a greenhouse or other enclosed area-- 7,i7 after the application of a pesticide and before-- 7aa7 the inhalation exposure level listed in the labeling has been reached2 or 7bb7 one of the ventilation criteria described in paragraph 7#c71 or in the labeling of the pesticide1 has been met2 and 7,,ii7 to-- 7aa7 operate ventilation equipment2 7bb7 adjust or remove coverings used in fumigation2 or 7cc7 monitor air levels2 7viii7 entering a treated area outdoors after application of any soil fumigant to adjust or remove soil coverings such as tarpaulins2 7ix7 performing tasks as a crop advisor-- 7,i7 during any pesticide application2 7,,ii7 before-- 7aa7 the inhalation exposure level listed in the labeling has been reached2 or 7bb7 one of the ventilation criteria described in paragraph 7#c71 or in the labeling of the pesticide1 has been met2 or 7,,iii7 during any restricted-entry interval2 or 7x7 performing any task or duty-- 7,i7 described in the definition of the term handler in section #agj4c of title #dj1 ,code of ,federal ,regulations 7or any successor regulations72 and 7,,ii7 not otherwise described in clauses 7i7 through 7ix74 7#b7 ,exception ,the term pesticide handler described under paragraph 7#a7 does not include any individual who is only handling pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions or1 in the absence of such instructions1 have been subjected to triple-rinsing or its equivalent4 7#c7 ,ventilation criteria ,the ventilation criteria described in this paragraph are the following3 7,a7 ,fumigant ,in the case of a pesticide applied as a fumigant1 an individual may not be in the entire greenhouse 7and any adjacent structure that cannot be sealed off from the treated area7-- 7i7 until the air concentration is measured to be equal to or less than the inhalation exposure level the labeling of the pesticide requires to be achieved2 or 7ii7 in the case of a pesticide with no inhalation exposure level listed on the labeling1 until after-- 7,i7 ten air exchanges are completed2 7,,ii7 two hours of ventilation using fans or other mechanical ventilating systems2 7,,iii7 four hours of ventilation using vents1 windows or other passive ventilation2 7,,iv7 eleven hours with no ventilation followed by #a hour of mechanical ventilation2 7,v7 eleven hours with no ventilation followed by #b hours of passive ventilation2 or 7,,vi7 twenty-four hours with no ventilation4 7,b7 ,smoke1 mist1 fog1 or aerosol ,in the case of a pesticide applied as a smoke1 mist1 fog1 or aerosol1 an individual may not be in the entire enclosed area until the requirements in clause 7i7 or 7ii7 of subparagraph 7,a7 are met4 7,c7 ,respiratory protection device required for application by the product labeling ,in the case of a pesticide not otherwise covered by subparagraph 7,a7 or 7,b7 and for which a respiratory protection device is required by the product labeling for application1 an individual may not be in the treated area until the requirements in clause 7i7 or 7ii7 of subparagraph 7,a7 are met4 7,d7 ,applied from #ab-;inches above1 as a fine spray1 or using pressure greater than #dj psi ,in the case of a pesticide that is not otherwise covered by subparagraph 7,a71 7,b71 or 7,c7 and is applied from a height of not less than #ab inches from the planting medium1 as a fine spray1 or using spray pressure greater than #dj pounds per square inch1 an individual may not be in the treated area 7or any area that is #be feet or less from the enclosed area7 until the application of the pesticide is complete and all required re-entry intervals have been maintained4 7,e7 ,other ,in the case of a pesticide that is not otherwise covered by subparagraph 7,a71 7,b71 7,c71 or 7,d71 an individual may not be in the treated area until the application of the pesticide is complete and all required re-entry intervals have been maintained4 7#d7 ,definitions ,for purposes of paragraph 7#a73 7,a7 ,agricultural establishment ,the term agricultural establishment means an establishment-- 7i7 that is an establishment described in the definition of the term agricultural establishment in section #agj4c of title #dj1 ,code of ,federal ,regulations 7or any successor regulations72 and 7ii7 to which subpart ,c of part #agj of title #dj1 ,code of ,federal ,regulations 7or any successor regulations7 applies4 7,b7 ,child worker ,the term child worker has the meaning given the term worker in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7,c7 ,pesticide ,the term pesticide has the meaning given that term in section #b of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf74 7,d7 ,other terms ,the terms commercial pesticide handling establishment1 crop advisor1 farm1 forest1 fumigant1 greenhouse1 nursery1 restricted-entry interval1 and treated area have the meanings given such terms in section #agj4c of title #dj1 ,code of ,federal ,regulations 7or any successor regulations74 ,,ii ,penalties and enforcement #bja4 ,increased civil penalties for child labor violations 7a7 ,in general ,section #af7;e77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77#a77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the matter preceding clause 7i71 by striking not to exceed and inserting of an amount 7subject to subparagraph 7,d77 that is2 and 7,b7 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 not less than #a1jjj and not more than #aef1bij for each worker who was the subject of such a violation1 which penalty may be doubled in the case of a violation described in subparagraph 7,c72 or 7ii7 not less than #a1jjj and not more than #gaj1caj with regard to each violation of section #ab or #ac7;c71 relating to child labor1 or any regulation issued pursuant to such a section1 that causes the death or serious injury of any worker younger than the age of #ah years1 which penalty may be doubled in the case of a violation described in subparagraph 7,c74 2 and 7#b7 by adding at the end the following3 7,c7 ,for purposes of penalties that may be doubled under clause 7i7 or 7ii7 of subparagraph 7,a71 a violation described in this subparagraph is a violation-- 7i7 that is a repeated or willful violation2 7ii7 that has occurred within #aj years of the final disposition of another violation of section #ab or #ac7;c71 relating to child labor1 or any regulation issued pursuant to such a section2 or 7iii7 for which the employer that committed the violation is found1 during the period in which the person was investigated for such violation1 to have engaged for work more than #aj children in such a violation4 4 7b7 ,adjustment of amounts for inflation ,section #af7;e77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77#a771 as amended by subsection 7a71 is further amended by adding at the end the following3 7,d7 ,the dollar amounts referred to in clauses 7i7 and 7ii7 of subparagraph 7,a7 shall be increased annually1 for fiscal year #bjbe and every fiscal year thereafter1 by the percent increase1 if any1 in the consumer price index for all urban consumers 7all items2 ,united ,states city average7 for the most recent #ab-month period for which applicable data is available4 4 #bjb4 ,special criminal penalties for certain aggravated child labor violations ,section #af7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;a77 is amended-- 7#a7 by striking ,any and inserting 7#a7 ,any2 7#b7 by inserting 7other than subsection 7a77#d7 of such section7 after section #ae2 7#c7 by striking subsection each place it appears and inserting paragraph2 and 7#d7 by adding at the end the following3 7#b7 7,a7 ,any person who violates section #ae7;a77#d7 shall upon conviction thereof be subject to a fine of 7subject to subparagraph 7,b77 not more than #gej1jjj1 or to imprisonment for not more than #e years1 or both4 7,b7 ,the dollar amounts referred to in subparagraph 7,a7 shall be increased annually1 for fiscal year #bjbe and every fiscal year thereafter1 by the percent increase1 if any1 in the consumer price index for all urban consumers 7all items2 ,united ,states city average7 for the most recent #ab-month period for which applicable data is available4 4 ,,iii ,reports and memorandum of understanding #cja4 ,report to ,congress on child labor and work-related injuries to children and related matters ,the ,fair ,labor ,standards ,act of #aich is amended by inserting after section #ab 7#bi ,u4,s4,c4 #bab7 the following new section3 #ab;,a4 ,data on child labor and work-related injuries to children and related matters 7a7 ,data analysis ,using the sources specified in subsection 7b71 the ,secretary shall analyze data concerning-- 7#a7 the number of children younger than #ah years of age who are engaged for work in agriculture and non-agricultural sectors2 and 7#b7 any work-related serious injury 7as such term is defined in section #af7;e77#a77;,b7 or death of any such child4 7b7 ,sources specified ,the sources referred to in subsection 7a7 are the following3 7#a7 ,sources within the ,department of ,labor1 including the ,wage and ,hour ,division1 the ,bureau of ,labor ,statistics1 and the ,occupational ,safety and ,health ,administration4 7#b7 ,state employment security agencies and other relevant ,state agencies4 7#c7 ,the ,national ,institute for ,occupational ,safety and ,health4 7c7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of the ,,care ,act of #bjbd1 and annually thereafter1 the ,secretary shall submit a report to ,congress which shall include-- 7,a7 a summary of the data collected by the ,secretary under-- 7i7 this section2 and 7ii7 section #h7;c77#b7 of the ,occupation ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feg7;c77#b77 with respect to the death1 serious injury or illness of a child younger than #ah years of age2 7,b7 an evaluation1 based on such data1 that reflects the status of child labor in agricultural and non-agricultural sectors and related industry safety and health hazards2 and 7,c7 any information1 based on such data1 that leads the ,secretary to believe that children younger than #ah years of age may have been engaged for work in violation of section #ab4 7#b7 ,publication ,the ,secretary shall1 on the date that the ,secretary submits each report under paragraph 7#a7 to ,congress1 publish each such report in the ,federal ,register and on the website of the ,department of ,labor4 4 #cjb4 ,employer reporting requirements ,section #h7;c77#b7 of the ,occupation ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feg7;c77#b77 is amended by inserting 1 including the age of the individual involved before the period at the end4 #cjc4 ,memorandum of understanding ,not later than #ij days after the date of enactment of this ,act1 the ,assistant ,secretary of ,labor for ,occupational ,safety and ,health and the ,administrator of the ,wage and ,hour ,division of the ,department of ,labor shall enter into a memorandum of understanding-- 7#a7 to coordinate information sharing and facilitate enforcement activities between the ,occupational ,safety and ,health ,administration and the ,wage and ,hour ,division1 including with respect to-- 7,a7 records and reports provided to the ,secretary of ,labor pursuant to section #h7;c7 of the ,occupational ,health and ,safety ,act of #aigj 7#bi ,u4,s4,c4 #feg7;c77 or in accordance with a ,state plan that has been approved by the ,secretary under section #ah of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg72 and 7,b7 any other information available to the ,assistant ,secretary of ,labor for ,occupational ,safety and ,health regarding any injury1 illness1 or fatality involving a worker who is a child younger than #ah years of age2 7#b7 that provides that the ,assistant ,secretary of ,labor for ,occupational ,safety and ,health shall encourage each ,state agency that administers such a ,state plan in a ,state to participate in information sharing activities under the memorandum of understanding2 and 7#c7 that is based on the agreement entitled ,memorandum of ,understanding ,between the ,u4,s4 ,department of ,labor1 ,occupational ,safety and ,health ,administration and the ,u4,s4 ,department of ,labor1 ,wage and ,hour ,division and made effective on ,may #d1 #bjbc4 ,,iv ,effective dates #dja4 ,effective date for application of child labor laws to independent contractors ,the amendments made by section #aja shall take effect on the date that is #a year after the date of enactment of this ,act4 #djb4 ,application of other fair labor standards amendments 7a7 ,rulemaking ,not later than the date that is #ab months after the date of enactment of this ,act1 the ,secretary of ,labor shall prescribe rules as necessary to implement the amendments made by sections #ajb and #ajc and by title ,,ii and the revision required by section #ajd7;b74 ,any such rules issued shall take effect not later than #cj days after the date on which the rules are published in the ,federal ,register4 7b7 ,violations ,the amendments made by sections #ajb and #ajc and by title ,,ii and the revision required by section #ajd7;b7 shall apply to violations of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 that occur after the date on which the rules issued under subsection 7a7 take effect4 7c7 ,rule of construction ,nothing in the amendments made by sections #ajb and #ajc and by title ,,ii and the revision required by section #ajd7;b7 shall be construed to preempt any ,state law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments or such revision4 #djc4 ,application of ,occupational ,safety and ,health ,act amendments 7a7 ,rulemaking ,not later than the date that is #ab months after the date of enactment of this ,act1 the ,secretary of ,labor shall prescribe rules as necessary to implement the amendment made by section #cjb4 ,any such rules issued shall take effect not later than #cj days after the date on which the rules are published in the ,federal ,register4 7b7 ,violations ,the amendment made by section #cjb shall apply to work-related deaths1 injuries1 and illnesses that occur after the date on which the rules issued under paragraph 7#a7 take effect4