PHOENIX — State lawmakers are weighing whether to let teens perform jobs now considered too hazardous for them by state law as one answer to the complaints by some businesses of a labor shortage.
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A more far-reaching measure would allow 14- and 15-year-olds to work on ladders or scaffolds up to 10 feet in height. That is double the current state restrictions.
And teens in that same age group could be on ladders 20 feet tall for picking fruit or pruning trees; the current state limit is eight feet.
The move comes as state senators are preparing to debate whether
Arizona should have its own “guest worker’’ program. The measure would allow businesses who cannot find U.S. residents to fill certain jobs to bring additional help in from Mexico.
Harper said he’s not necessarily convinced there is a labor shortage in Arizona.
“But when our economy cycles and it starts coming back strong we will see a labor shortage,’’ he said. “I think we need to exhaust all avenues of employing Americans before we talk about hiring people from other countries.’’
And that, Harper said, includes teens willing to work. His amendments would remove some of the legal impediments to companies here hiring those who are not yet legally adults — impediments he said were enacted by “do-gooders in the Legislature.’’
The proposal is getting a chilly reaction from the president of the Arizona Chamber of Commerce who wants lawmakers to adopt the guest worker measure the way it is. Glenn Hamer said there are reasons for the restrictions on what teens can do.
“Those laws were passed to protect children as well as to protect
the public, I would suspect, from activities that are not
appropriate for children to conduct,’’ he said. “I believe that
most people would feel a lot more comfortable with a 19- or a 20-
or a 25-year-old performing some of the activities than a 16-
year-old.’’
But Harper pointed out that federal law already permits what he
is proposing, saying Arizona law is more restrictive.
Farrell Quinlan, a spokesman for Arizona Employers for
Immigration Reform, has different reasons for objecting to what
Harper is trying to do: His organization wants SB 1508 approved
exactly the way it is now crafted, without any amendments.
That measure would allow an employer who contends he or she
cannot get qualified workers to petition to recruit employees at
any U.S. embassy or consulate in Mexico. The decision whether to
permit bringing in those foreign workers would be up to the state
Industrial Commission which would review the efforts of the
company to find employees in this country.
Foreign workers who are qualified would be given special
identification cars to allow them into this country.
Sen. Marsha Arzberger, D-Willcox, one of the architects of the
measure, acknowledged getting her bill approved and signed into
law means nothing unless and until there also is federal
approval. But she said congressional action might not be
necessary, saying that U.S. Homeland Security Secretary Michael
Chertoff has some power to waive various federal regulations on
who is allowed into this country.
The measure has drawn protest from some who contend that the only
reason some firms cannot find U.S. workers is they don’t want to
pay more. They want ability to import foreign workers should be
limited to agriculture.
Harper said his proposed amendments are designed to ensure that
Arizona firms exhaust all sources of potential workers —
including teens — before they are importing foreigners.
“We’re one of the states where do-gooders in the Legislature
determined that it’s unacceptable for 16-year-olds or 17-year-
olds to deliver anything,’’ he said, referring to the rules that
keep teens that age from driving more than 50 miles or for more
than two hours each day.
“I don’t believe that a 17-year-old should be preempted from
delivering parts from the local automotive store, delivering
pizzas,’’ Harper continued. “It’s imperative that we break down
the barriers to Americans finding jobs.’’
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