DOL fines Nebraska auction after child injured herding cattle

Brett Wessler, Staff Writer  |  Updated: 09/18/2012

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A Nebraska cattle auction will pay over $46,000 in penalties for 26 child labor violations after a stampeding calf crushed a 15-year-old girl against a metal gate.

The child was herding cattle for Valentine Livestock Auction Co. when a calf weighing over 600 pounds charged. She was airlifted to the University of Nebraska Medical Center in Omaha where she recovered for 40 days.

The incident prompted an investigation by the U.S. Department of Labor’s Wage and Hour Division. According to a release, the investigation found 26 violations related to job responsibilities given to minors, some of whom were under the legal age of employment.

"This case is another clear example of why it is critical for employers to keep minors safe on the job by learning and complying with America's child labor laws," said Michael Staebell, director of the Wage and Hour Division's Des Moines Area Office in Iowa, which conducted the investigation.

The Valentine Livestock Auction Co. was following standards set for the FLSA’s child labor in agriculture regulations rather than the regulations pertaining to nonagricultural employers. Once the company found it did not meet classification requirements as an agricultural employer it took steps to correct violations.

Fines totaling $46,602 have been paid in full.


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shaun evertson    
nebraska  |  September, 19, 2012 at 09:12 AM

By at least one reckoning, childhood officially lasts to age 26 in the U.S. Does anyone really believe that a 15 year-old is a child? 50,000 Americans of all ages die in non-traffic accidents each year, and a larger number are injured. Each case is a tragedy or a near-tragedy. Nearly all accidents, in retrospect, are avoidable. But we "see through a glass darkly." We can't foresee the future. Our responsibility is to learn from mistakes and do the best we can to prevent future mistakes. Government in general and the labor department specifically in this case prevent private citizens or entities from acting responsibly. The rubric here is to pay the fine and comply with externally mandated directives. Writing a check and checking bureaucratic boxes will not improve safety. Any improvements in this case will come in spite of, rather in response to, central control.

Sam    
Texas  |  September, 19, 2012 at 09:35 AM

Absolutely, Mr. Evertson. A government overrun by its own bureaucracies will collapse upon itself, but only after is has destroyed production. Note the current model being emulated, the former Soviet Union. Production became all but non-existent as Soviet citizens feared the heavy hand of government in any enterprise and therefore abstained.

What happened to the young worker was tragic, and perhaps management was a reason for that. Untrained workers need to be taught cattle handling techniques, but will that be a result of government bureaucracy interference? Or of fines being levied for this or that unforeseen infraction? I seriously doubt it. Bureaucracies will only become fatter. Check out the Great Texas Wind Hoax to see how far government interference can go--and how destructive it can be.

Paul    
Texas  |  September, 19, 2012 at 02:07 PM

Once again, the specter of us becoming the Soviet Union appears. Nonsense.

The question in this case concerns whether an auction is agriculture. To me it only uses the raw materials of agriculture. Go along the chain. Is a packing plant agriculture? A retail store? A restaurant? If the kid was injured while transporting cattle to the auction for or with his father, then that probably falls within the interpretation of child labor in agriculture. But not in this case.

Jim    
Wisconsin  |  September, 20, 2012 at 07:46 AM

The big question is who should be held responsble, the child, the parents, the employer? They all should. The parents must have know the kid was working cattle, the employer knows that you have wild cattle at times, and this kid must have know this too. I think the employer should pay all medical cost, everybody should except responsiblity for there actions, something nobody does any more.

Harold Johnson    
Hyannis, NE  |  September, 20, 2012 at 08:57 AM

Thank God I grew up in time period when kids were taught a work ethic and didn't have to worry about the government watching every move. It worries me what the work ethic for the next generation is going to be. I am fortunate that I am able to teach my children to work on our ranch. It will give them an advantage over the ones that are not allowed to learn how to work.

maxine    
SD  |  September, 20, 2012 at 11:12 PM

I sure hope the girl recovers fully. Accidents, no matter whether at work or at play do happen and people do suffer the consequences. Unfortunately, government zealots are using such ag related work place accidents as an excuse for ever more regulation of people. Do rules explode when serious accidents occur while at recreation, sports, or other 'play'? I think not! If accident rates were compared between those while children are working with while they are playing, I doubt work would be the higher number.

While we in agriculture can justifiably be proud of the work ethic we instill in our children, is that really a favor to them in todays' world? They will be the ones working hardest to support all those who never do learn how to work effectively!

maxine    
SD  |  September, 24, 2012 at 05:02 PM

It was bound to happen: the 'child protection' zealots are focused on a different 'bogeyman' today. They are out to eliminate trampolines....yet again.....when more kids have been injured falling of curbs of the sidewalks than from trampolines (as of a couple of years ago, anyway).

How much better would it serve humanity if they would simply advise of safety measures people have found beneficial than to insure even MORE couch potatoes than they already have created by ending recess and PE in schools????