No Executives Punished for Dangerous Child Labor Violations | DCReport.org

No Executives Punished for Dangerous Child Labor Violations  DCReport

No Executives Punished for Dangerous Child Labor Violations | DCReport.org

Tuff Torq Corporation Fined for Child Labor Violations by the Department of Labor, but Executives Evade Responsibility; A Troubling Trend in Corporate Accountability

Tuff Torq Corporation was recently fined by the Department of Labor (DOL) for having children operating dangerous heavy equipment, but no executive, manager or person was held responsible. That’s the unfortunate typical result, and there is no good reason for it.

The DOL news release states that the investigation went on for months, involved 10 children, and that when inspectors “returned” to the facility — meaning the company must have been well aware they were being scrutinized — they directly observed a child running dangerous equipment. This, at a facility that is no mom & pop operation, but a supplier of parts to John Deere, Toro, Yamaha and other manufacturers.

Given all of that, is it really impossible to hold some executive of the facility accountable for violations they either knew of or should have known? Or if a lower-level, shop-floor manager can be documented as having acted in a rogue manner on this, then hold that manager accountable. I’m sure if the facility did not meet quotas, the top level execs would hold the top facility management responsible for performance. Why should responsibility for operating in ways that don’t endanger children be any different?

Perhaps the DOL couldn’t impose individual punishment in this case for some reason. If so, could they at the very least forward it to the Department of Justice or the state attorney general? There was no indication any such action had been taken. 

Asked for comment on the lack of individual accountability, a DOL spokesperson pointed out that the number of child labor cases they held increased 14% from 2022 to 2023, and the penalties increased 83%. It’s great to see they’re making an effort to pursue more of these.

A case brought against Exclusive Poultry, Inc. in 2023 was pointed to as a particular example to illustrate how the DOL has many enforcement tools including “individual liability and criminal referrals.” The child labor violations included overly long hours, wage theft and using “children as young as 14 years old to debone poultry using sharp knives and operate power-driven lifts to move pallets.”

The irony is that this case is evidently the best example the DOL could point to, yet there was no individual liability or criminal referral. There were substantial financial penalties for the company, which is privately owned, so presumably they will be felt by the owner. If a mugger endangered your child with a knife and took their money — a crime not so different from endangering these children by making them work with knives and taking some of their pay — the mugger would be immediately arrested, and probably be put in prison. Carry out a similar crime against a group of children, but do it as an executive who is their employer, and you simply pay a fine.

Tuff Torq did end up paying what may have been a substantial price for this: an almost $300,000 civil penalty plus $1.5 million disgorgement of profits — described as equal to 30 days of profits — into a fund for the benefit of the 10 children. 

Sometimes the price can, indeed, be enough to discourage repeated behavior, but it’s not really the same. An executive or manager might be hoping to give excellent reports on cost efficiency in order to climb the corporate ladder, knowing that it could backfire, but it’s not their pocket any fine would come out of. Maybe it’s worth the gamble to them, and people make stupid gambles all the time. Actually having individual executives pay a legal price for their bad behavior is just as right for this kind of thing as it is for someone caught speeding while they have a child present with no safety restraint. 

It’s a pattern that is seen endlessly regarding labor violations, financial violations and just about any business-level or executive-level action that is harmful to individuals: the employees, the customers or the general public. This one small instance is just a reminder of that ongoing pattern.


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SDGs, Targets, and Indicators Analysis

1. Which SDGs are addressed or connected to the issues highlighted in the article?

  • SDG 8: Decent Work and Economic Growth
  • SDG 16: Peace, Justice, and Strong Institutions

The issues highlighted in the article relate to child labor violations and the lack of accountability for executives. SDG 8 focuses on promoting inclusive and sustainable economic growth, full and productive employment, and decent work for all. SDG 16 aims to promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels.

2. What specific targets under those SDGs can be identified based on the article’s content?

  • Target 8.7: Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor.
  • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

The article highlights child labor violations, which align with Target 8.7 of SDG 8. This target specifically addresses the eradication of forced labor, including the worst forms of child labor. The lack of accountability for executives also relates to Target 16.3 of SDG 16, which aims to promote the rule of law and ensure equal access to justice for all.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

  • Indicator 8.7.1: Proportion and number of children aged 5-17 years engaged in child labor, by sex and age group.
  • Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized mechanisms.

The article mentions child labor cases and the need for accountability for executives involved. Indicator 8.7.1 can be used to measure progress towards Target 8.7 by tracking the proportion and number of children engaged in child labor. Indicator 16.3.1 can be used to measure progress towards Target 16.3 by monitoring the proportion of victims of violence who report their victimization to authorities or recognized mechanisms.

SDGs, Targets, and Indicators Table

SDGs Targets Indicators
SDG 8: Decent Work and Economic Growth Target 8.7: Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor. Indicator 8.7.1: Proportion and number of children aged 5-17 years engaged in child labor, by sex and age group.
SDG 16: Peace, Justice, and Strong Institutions Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized mechanisms.

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Source: dcreport.org

 

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