Agricultural Child Labor - National Center for Farmworker Health

FARMWORKER HEALTH FACTSHEETS
Child Labor in Agriculture
It has been estimated that hundreds of thousands of children under the age of 18 work in farms
picking the fruits and vegetables that support the multi-billion dollar agricultural industry in the
United States.1 Before the age of 18 these children and teens work long hours, under very
dangerous conditions, receiving very little pay, while migrating alongside their parents for
months at a time. This factsheet is a compilation of the latest data available regarding underage
farmworkers.
Child Labor Overview

The International Labour Organization (ILO) defines child labor as work that deprives
children of their childhood, their potential and their dignity, and that is harmful to physical
and mental development. This refers to work that: is mentally, physically, socially or morally
dangerous and harmful to children; and interferes with their schooling by depriving them of
the opportunity to attend school; obliging them to leave school prematurely; or requiring
them to attempt to combine school attendance with excessively long and heavy work.2

The ILO current reports note that there are 215 million children worldwide engaged in child
labor.3

Of those, 115 million engage in hazardous work conditions which is defined by the
International Labor Organization as work that may include night work and long hours of
work, exposure to physical, psychological or sexual abuse; work underground, under water,
at dangerous heights or in confined spaces; work with dangerous machinery, equipment and
tools, or which involves the manual handling or transport of heavy loads; and work in an
unhealthy environment which may, for example, expose children to hazardous substances,
agents or processes, or to temperatures, noise levels, or vibrations damaging to their health.

The following data is available regarding minors in hazardous working conditions:
 74,019 boys and 41,296 girls
 25,949 are between 5 and 11 years
 26,949 are between 12 and 14 years
 62,419 are between 15 and 17 years.4

On a global scale, children between the ages of 7 and 14 and who live in a rural setting are
less likely to attend school and more likely to work.5

Regarding the type of employment that children are working in, 5 percent are self-employed,
6 percent are undefined, 21.4 percent are paid employees and a large majority (67.5%) is
unpaid family members.6
©NCFH, November 2012
Children in Agriculture

Sixty (60) percent of all child laborers worldwide between the ages of 5 and 17 work in
agriculture. This means that over 129 million children worldwide work in farming, fishing,
aquaculture, forestry and livestock.7 Children are known to work in agriculture at younger
than average ages, sometimes between 5 and 7, when compared to other sectors.8

Child farmworkers often fall under three types of cases:
 Those who work on their parents’ farm
 Those who work on local farms part-time or during the summer to earn extra money.
 Those who feel compelled to work out of economic necessity, often migrating alone or
with their families from farm to farm. 9

Although it is difficult to count the number of adult and underage individuals working in
agriculture in the United States, several sources do offer some estimates.
 A Human Rights Watch publication in 2000, Fingers to the Bone, estimated that between
300,000 and 800,000 minors were employed in agriculture.10
 Results of the 2001 National Agriculture Workers Survey (NAWS) indicate that 6
percent of the farmworkers surveyed were between the ages of 14 and 17.11
 Results of the 2009 NAWS indicate that 3 percent of those farmworkers surveyed were
between the ages of 14 and 17.12

Agricultural workers under the age of 18 are likely found in larger numbers in those states
that have the highest number of adult farmworkers. These states are California, Florida, North
Carolina, Texas, Oregon, and Washington State.13

There is no official data for children under the age of 12 working in the fields but during field
visits from 2003 to 2005, the Association of Farmworker Opportunities Program (AFOP)
observed children under 12 working in the fields. They also report that many children work
“off the books” by using their parents’ social security numbers, suggesting that the total of
child farmworkers may be closer to 500,000.14

A 2010 Human Rights Watch study revealed children in the United States working in
agriculture as early as age 7, 8 or 9 for a few hours at a time, and by ages 11 or 12, they were
out of school and working full time.15
Risks and Effects

The nature of agricultural work exposes child laborers to many risks and dangers, many
attributed to the following types of work or conditions:
 Working with heavy machinery, equipment and tools such as knives, chainsaws, tall
ladders, and tractors or trucks;
 Repetitive motion injuries that result from bending at the waist, kneeling, reaching and
holding ergonomically awkward positions; and
 Pressure to work fast without breaks and despite injury.16

The United States Department of Agriculture released a report in 2009 that recorded 15,876
injuries to youths under 20 years of age who lived, worked or visited a farm.17 The following
data for 2009 was also noted:
 58 percent of injuries were incurred by males;
 Youth ages 10 to 15 incurred the highest number of injuries at 6,912;
©NCFH, November 2012


Youths under age 10 incurred 4,111injuries; and
Youths ages 16 to 19 incurred 4,148 injuries.18

In 2009, youth living on livestock operations had a higher rate of injury (8.1 injuries/1,000
youth) compared to their counterparts on crop operations (6.6 injuries/1,000 youth).19

Agriculture has the second highest fatality rate among youth workers at 21.3 per 100,000 fulltime equivalents compared to 3.6 per 100,000 across all industries.20
Heat and Sun
 For agricultural workers, heat stress and illness continues to be a threatening occupational
hazard.
 In a study conducted by Human Rights Watch in 2010, many children said that their
employers did not provide drinking water. The lack of drinking water is especially
21
problematic when considering the risks of dehydration and heat illness. These same
children reported that they have either experienced or witnessed thirst, dehydration,
22
dizziness, and/or fainting.
 Excessive heat exposure can lead to death.
 From 1992 to 2006, 423 agricultural workers were reported to have died from
exposure to environmental heat.23
Musculoskeletal Injuries
 Farm work is characterized by constant bending, twisting, carrying heavy items, and
repetitive motions during long work hours, all of which contribute to musculoskeletal
injuries.24
 The Human Rights Watch reported children saying that due to repetitive motion and
lifting heavy weights on the job five to seven days a week, they incurred pain to their
backs, knees, hands, and feet.25 This coincides with a study done on farmworkers of the
eastern United States that found that farmworkers suffered most from injuries and pain to
the neck, shoulders, back and upper extremities due to the “repetitive, work-related
overloading of selected muscle groups.”26
Pesticides
 In the study by Human Rights Watch, children who were interviewed said they have
come in contact with pesticides through the spraying of adjacent fields, being blown by
the wind, working in fields that are still wet.27 Some reported being sprayed on directly.28
 Compared to adults, children are at greater danger when pesticide exposure has occurred
due to a greater surface to volume ratio when compared to adults which results in a
greater pesticide dose and a slower metabolism of pesticide toxicants which causes
pesticides to remain in their systems longer.29
 Children also engage in more hand-to-mouth behaviors which increase their risk of
ingesting pesticides.30
 Almost no children interviewed by Human Rights Watch said they had received training
about the dangers of pesticides, safety measures, or what to do in case of exposure.31
Hazardous Tools and Machinery
 In 2009 there were 15,876 recorded injuries among youths under 20 years of age who
lived, worked or visited a farm. The following is a chart that provides the breakdown of
the type of injury youths sustained in agriculture.32 Fortunately, injury counts have been
decreasing for over 10 years now.
©NCFH, November 2012
Type of Injury
Bruise
Sprain/strain
Fracture
Cut
Multiple injuries
Other injuries
Total



2001
3,237
3,158
8,583
4,874
2,479
6,896
29,227
2004
1,896
3,313
7,185
6,617
3,336
5,244
27,591
2006
2,631
3,563
6,116
4,838
1,492
4,254
22,894
2009
1,668
1,771
5,094
2,848
0
4,495
15,876
In 2009, the most common types of injuries involved contact with objects, transportation
and falls.33 The most common types of sources of injury were vehicles,
structures/surfaces and people/plants/animals/minerals.34
Agriculture has the second highest fatality rate among young workers at 21.3 per 100,000
compared to 3.6 per 100,000 in other industries.35
Child workers’ relative inexperience increases their chances of accidents and injury and
because they work alongside adults, they are expected to work hard, fast and despite
injury.36
Education Deprivation

A 2011 documentary, The Harvest/La Cosecha, follows the lives of three teenage
farmworkers as they migrate to help increase their families’ income.37 These children
typically migrate between May and November of every year which means that the school
year ends earlier and starts later than non-migrating children.38

These migrating patterns cause interrupted school attendance and migrant students
interviewed say they do miss exams, are frequently confused about school subjects and feel
they need months to “catch up” on their education.39

A study that compared migrating and non-migrating students of south Texas reported that
migrant students were more likely to miss or arrive late to school, sleep during class, study
for fewer hours, sleep less and suffer from minor illnesses more frequently.40 They also drop
out of high school at 4 times the national rate.41

According to results of the 2009 NAWS, the following is the status of farmworkers’
education:
 The average level of completed education was 8th grade
 40 percent had completed grades 1 to 6
 17 percent completed grades 7 to 9
 28 percent had completed grades 10 to 12
 9 percent attained some form of higher education 42
Child Labor Laws
Fair Labor Standards Act (FLSA) in Agriculture
 When compared to other working youth, there are different protections and guidelines
that apply to those working in agriculture. The following are a list of laws that govern
youth employment in agriculture and a comparison with other occupations under the Fair
Labor Standards Act (FLSA), if applicable.43
©NCFH, November 2012





At 10 and 11, local youths may hand harvest short-season crops outside school hours for
no more than 8 weeks between June 1 and October 15 if their employers have obtained
special waivers from the Secretary of Labor.44
At age 12 and 13, minors may work outside of school hours with parental consent or on
the farm where the parent or guardian is also employed.
For those under age 12, they may be employed outside of school hours with parental
consent on a farm where employees are exempt from Federal minimum wage.
At age 14, minors can work outside of school hours in any agricultural occupation, except
those deemed hazardous by the Secretary of Labor. The minimum age in other
occupations is age 16.
At age 16, minors can perform any farm job, including those declared hazardous by the
Secretary of Labor, at any time, including school hours. (For a list of hazardous work, see
page 4 in the FLSA: http://www.dol.gov/whd/regs/compliance/childlabor102.pdf). In
other occupations, minors are not allowed to perform hazardous work until the age of 18.

Minors working in agriculture can work an unlimited number of hours outside school hours.
In other occupations, there are strict limits on the amount of time minors can work outside of
usual school hours.

Children who work in the fields are exempt from minimum wage provisions in certain cases.
Children working in all other occupations are required to be paid minimum wage.

Growers often pay farmworkers piece rate wages. This works well for stronger quicker
workers, but hurts slower ones. This is especially true of children who are generally slower
than adults. As a result, many children can make as little as $2 to $3 an hour.45

In some cases, children who are entitled to minimum wage earnings work alongside their
parents but are not paid any wage. This is common when parents are paid on a piece-rate
basis. Parents, because of their desperate need for higher wages, allow their young children to
work with them so that they plant or harvest more crops and hence receive a higher rate of
pay per hour worked. Where employers are aware that children are working in this way, they
are required by law to pay the children for this work. However, often times these children are
not paid at all.46
©NCFH, November 2012
1
Human Rights Watch. (2010). Fields of Peril: Child Labor in US Agriculture. Available Online at
http://www.hrw.org/reports/2010/05/05/fields-peril-0
2
International Labor Organization, International Programme on the Elimination of Child Labor. What is
Child Labor?, 2012. Available online: http://www.ilo.org/ipec/facts/lang--en/index.htm
3
Ibid.
4
International Labor Organization. Global Child Labour Developments: Measuring Trends from 2004 to
2008. 2010. Available online: http://www.ilo.org/ipecinfo/product/viewProduct.do?productId=13313
5
Huebler, Friedrich. Child Labour and School Attendance: Evidence from MICS and DHS Surveys.
Seminar on Child Labour, Education and Youth Empowerment: Madrid, September 2008.
6
International Labor Organization. Global Child Labour Developments: Measuring Trends from 2004 to
2008. 2010. Available online: http://www.ilo.org/ipecinfo/product/viewProduct.do?productId=13313
7
International Labour Organization. International Programme on the Elimination of Child Labour, Sectors
and Topics, Child Labour in Agriculture. 2012. Available online:
http://www.ilo.org/ipec/areas/Agriculture/lang--en/index.htm
8
International Labour Organizations: Accelerating action against child labour – Global Report under the
follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, 2010.
9
Association of Farmworker Opportunity Programs. (2007). Children in the Fields: An American Problem.
Available Online at http://www.afop.org/CIF%20Report.pdf
10
Human Rights Watch. Fingers to the Bone: United States Failure to Protect Child Farmworkers.
Washington: Human Rights Watch, 2000.
11
National Agricultural Workers Survey 2001-2002, Washington, D.C.: U.S. Department of Labor, 2005.
12
Carroll, Daniel, Georges, Annie and Saltz, Russell. Changing Characteristics of U.S. Farm Workers: 21
Years of Findings from the National Agricultural Workers Survey (presentation, Immigration Reform and
Agriculture Conference: Implications for Farmers, Farm Workers and Communities, Washington D.C.,
May 12, 2011).
13
Association of Farmworker Opportunity Programs. (2007). Children In The Fields: An American
Problem. Available Online at http://www.afop.org/CIF%20Report.pdf
14
Ibid.
15
Human Rights Watch. (2010). Fields of Peril: Child Labor in US Agriculture. Available Online at
http://www.hrw.org/reports/2010/05/05/fields-peril-0
16
Ibid.
17
Agricultural Safety: 2009 Injuries to Youths on Farms. United States Department of Agriculture, 2012.
Available online: http://usda01.library.cornell.edu/usda/current/ChilInju/ChilInju-04-05-2012_revision.pdf
18
Ibid.
19
2012 Fact Sheet: Childhood Agricultural Injuries in the U.S. National Children’s Center for Rural and
Agricultural Health and Safety, 2012. Available online: http://www.marshfieldclinic.org/proxy/MCRFCenters-NFMC-NCCRAHS-ChildAgInjuryFactSheet_April-2012.1.pdf.
20
Occupational Injuries and Deaths Among Younger Workers-United States, 1998-2007. Journal of the
American Medical Association, 2010.
21
Human Rights Watch. (2010). Fields of Peril: Child Labor in US Agriculture. Available Online at
http://www.hrw.org/reports/2010/05/05/fields-peril-0
22
Ibid.
23
Heat-Related Deaths Among Crop Workers---United States, 1992—2006. (2008). Centers for Disease
Control and Prevention, MMWR Weekly, 57(24) 649-653.
24
Association of Farmworker Opportunity Programs. (2007). Children In The Fields: An American
Problem. Available Online at http://www.afop.org/CIF%20Report.pdf
25
Human Rights Watch. (2010). Fields of Peril: Child Labor in US Agriculture. Available Online at
http://www.hrw.org/reports/2010/05/05/fields-peril-0
26
May, John J. (2009). Occupational Injury and Illness in Farmworkers in the Eastern United States.
Latino Farmworker in the Eastern United States. 71-102.
27
Human Rights Watch. (2010). Fields of Peril: Child Labor in US Agriculture. Available online:
http://www.hrw.org/reports/2010/05/05/fields-peril-0
©NCFH, November 2012
28
Ibid.
Arcury, Thomas A. et al., Pesticide Urinary Metabolite Levels of Children in Eastern North Carolina
Farmworker Households. Environmental Health Perspectives, Vol. 115-7. 2007.
30
Weiss, B., et al. Pesticides. Pediatrics, Vol. 113, 2004.
31
Human Rights Watch. (2010). Fields of Peril: Child Labor in US Agriculture. Available Online at
http://www.hrw.org/reports/2010/05/05/fields-peril-0
32
Child Agricultural Injury Survey Results: National estimates of Injuries to All Youth (<20 year on all
U.S. Farms by Nature of Injury, 2009. Centers for Disease Control and Prevention, NIOSH. Available
online: http://www.cdc.gov/niosh/topics/childag/CAIS/injtables.html
33
Ibid.
34
Ibid.
35
2012 Fact Sheet: Childhood Agricultural Injuries in the U.S. National Children’s Center for Rural and
Agricultural Health and Safety, 2012. Available online: http://www.marshfieldclinic.org/proxy/MCRFCenters-NFMC-NCCRAHS-ChildAgInjuryFactSheet_April-2012.1.pdf.
36
Human Rights Watch. (2010). Fields of Peril: Child Labor in US Agriculture. Available Online at
http://www.hrw.org/reports/2010/05/05/fields-peril-0
37
The Harvest/ La Cosecha. Shine Global. 2011.
38
The Harvest/ La Cosecha: Facts. Shine Global. 2011. Available online: http://theharvestfilm.com/facts
39
Human Rights Watch. (2010). Fields of Peril: Child Labor in US Agriculture. Available online:
http://www.hrw.org/reports/2010/05/05/fields-peril-0
40
Cooper et al, Comparative Description of Migrant Farmworkers Versus Other Students Attending Rural
South Texas Schools: Demographic, Academic, and Health Characteristics, Texas Medicine, vol. 101.
2005.
41
The Harvest/ La Cosecha: Facts. Shine Global. 2011. Available online: http://theharvestfilm.com/facts
42
Carroll, Daniel, Georges, Annie and Saltz, Russell. Changing Characteristics of U.S. Farm Workers: 21
Years of Findings from the National Agricultural Workers Survey (presentation, Immigration Reform and
Agriculture Conference: Implications for Farmers, Farm Workers and Communities, Washington D.C.,
May 12, 2011).
43
U.S. Department of Labor (2007). Child Labor Requirements in Agricultural Occupations Under the Fair
Labor Standards Act. Available at http://www.dol.gov/esa/whd/regs/compliance/childlabor102.pdf
[Accessed November 13, 2008]
44
Fact Sheet #40: Federal Youth Employment Laws in Farm Jobs. U.S. Department of Labor, Wage and
Hour Division. Revised July 2008. Available online:
http://www.dol.gov/whd/regs/compliance/whdfs40.pdf
45
National Agricultural Workers Survey 2001-2002. Washington, D.C.: U.S. Department of Labor, 2005.
46
Oxfam America, Like Machines in the Fields: Workers without Rights in American Agriculture (Boston:
Oxfam America, 2004).
29
©NCFH, November 2012