Lawmakers consider allowing teens to work at more hazardous jobs

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.
 
Sen. Jack Harper, R-Surprise, has crafted a proposal to remove current legal prohibitions which keep those younger than 18 from working as delivery drivers. Now those who have a license but have not reached that age can drive only if the duties are "incidental to the employment.''
 
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.

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 prepare 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. 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,'' Hamer 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 protests 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 the importing of foreign workers to 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.