Training young people, our next generation of employees, is very important. Early entry into the workforce can provide minors with valuable experience, quality work ethics, professional guidance and open doors for their future. It can also get you into a lot of trouble.
One common question I get, especially during the summer months, is, “Can I have my nephew or niece, my neighbor’s son or daughter, or my own son or daughter work in the production area?” In many cases, when it relates to minors, the answer is no.
As I was growing up, our family had orchards and tree farms, and I remember operating machinery when I couldn’t reach the controls. At age 13, I was working in a butcher shop after school and on a mobile slaughter unit on the weekends and during the summer.
Most of us grew up mowing yards or doing chores for the neighbors. Things have changed now. Many jobs are considered dangerous occupations for minors, and hazardous occupations are restricted for the minor’s safety.
I highly recommend that before you hire a minor, a person under the age of 18, that you check with your state’s Bureau of Labor and Industry, or Department of Labor office, or go online to obtain a copy of the child labor laws for your state.
The issue of child labor has come to the forefront in the forest products sector recently as a few high-profile accidents involved minors working in potentially hazardous jobs. While this has always been an issue with family-run companies, it is something that the entire industry needs to be aware of. A bipartisan Senate bill recently introduced in Congress would seek to address these concerns by increasing child labor fines from a $15,000 maximum to a new $132,270 maximum. For serious injury or death, a company could be fined up to $601,150 for each violation. The current maximum is $25,000. While this law revision is just in its infancy, the issue is gaining some attention around the country.
The following are two sites that provide in-depth information from the U.S. Department of Labor:
• https://www.dol.gov/general/topic/youthlabor
• https://www.dol.gov/agencies/whd/child-labor/what-jobs-are-off-limits
Hiring minors is a very risky business, and your human resources department needs to know the laws. Your hiring practices and safety training for new staff are vital, since with minors, there’s no room for error.
It doesn’t matter if it’s the neighbor’s kid, and you know they’ve been mowing yards all their life, they have to be old enough to operate power-driven equipment before they can legally work for you. Minors, like all employees, must be trained on the equipment they will be operating, and the job tasks they will be performing before their initial assignment.
The U.S. Department of Labor’s Wage and Hour Division (WHD) administers and enforces the federal child labor laws. The Fair Labor Standards Act (FLSA) sets the minimum age for employment (14 years for non-agricultural jobs), restricts the hours youth under the age of 16 may work, and prohibits youth under the age of 18 from being employed in those jobs listed under Hazardous Occupations.
Hazardous Occupations Identified by The Fair Labor Standards Act (FLSA)
The following are areas outlined by the FLSA that would prohibit minors from working in most pallet, lumber or sawmill facilities.
• Driving a motor vehicle or working as an outside helper on motor vehicles—bans operating motor vehicles on public roads and working as outside helpers on motor vehicles, except 17-year-olds may drive cars or small trucks during daylight hours for limited times and under strictly limited circumstances (see Fact Sheet #34 in this series for information about on-the-job driving).
• Occupations in forest fire fighting, forest fire prevention, timber tract, forestry service, and occupations in logging and sawmilling operations—bans most jobs in: forest fire fighting; forest fire prevention that entails extinguishing an actual fire; timber tract management; forestry services; logging; and sawmills.
• Power-driven woodworking machines—bans the operation of most power-driven woodworking machines, including chainsaws, nailing machines, and sanders.*
• Power-driven hoisting apparatus—bans operating, riding on, and assisting in the operation of most power-driven hoisting apparatus such as forklifts, non-automatic elevators, skid-steers, skid-steer loaders, backhoes, manlifts, scissor lifts, cherry pickers, work-assist platforms, boom trucks, and cranes.
• Power-driven circular saws, band saws, guillotine shears, chain saws, reciprocating saws, woodchippers, and abrasive cutting discs—bans the operation of, and working as a helper on, the named types of power-driven equipment, no matter what kind of items are being cut by the equipment.
Specific guidelines restrict minors from these job tasks and also restrict them from being exposed to this machinery. So, having a minor do clean-up or janitorial work in the vicinity of this equipment is not acceptable under these regulations.
Age Restrictions for Employment
The FLSA and the youth employment regulations issued at 29 CFR, Part 570, establish both hours and occupational standards for youth. Children of any age are generally permitted to work for businesses entirely owned by their parents, except those under the age of 16. They may not be employed in mining or manufacturing, and no one under the age of 18 may be employed in any occupation the Secretary of Labor has declared to be hazardous.
18 years of age and older – Once a youth reaches 18 years of age, he or she is no longer subject to the federal youth employment provisions.
16 years of age – Basic minimum age for employment. Sixteen- and 17-year-olds may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor.
14/15 years of age – Young persons 14 and 15 years of age may be employed outside school hours in a variety of non-manufacturing and non-hazardous jobs for limited periods of time and under specified conditions.
Under 14 – Children under 14 years of age may not be employed in non-agricultural occupations covered by the FLSA. Permissible employment for such children is limited to work that is exempt from the FLSA (such as delivering newspapers to the consumer and acting). Children may also perform work not covered by the FLSA, such as completing minor chores around private homes or casual babysitting.
Hours of Work
Maximum Hours of Work Restrictions for 14 or 15 Years old:
• Outside school hours 7 AM and 7 PM* (*until 9 PM from June 1st-Labor Day)
• Maximum of 3 hours on any school day
• Maximum of 8 hours on any non-school day
• Maximum of 18 hours in any school week
• Maximum of 40 hours in any non-school week.
If you are 16 or older, you can work any hours under the regulations.
The Four Most Common Child Labor Law Violations
• Working longer or later than legally allowed
• Driving a motor vehicle or forklift
• Performing jobs that are off-limits for their age
Work Breaks for Minors
Minors must be allowed a paid rest break, free from duties. Additionally, the breaks for youth under 16 years cannot be scheduled near the beginning of the work shift. They must take a rest break of at least ten minutes for every two hours worked. They cannot work more than two hours without a ten-minute rest break or a thirty-minute meal period. I recommend you check your local state’s laws for break periods, since there may be additional regulations for break periods.
Local Laws May Differ, Verify Age
Most of this information covers federal laws. It’s always recommended that you check local state laws. Don’t employ a minor for any position until you know it’s legal, and then always make sure you get copies of training certificates, age verification, and parental authorization. Don’t just take their word for it!
Do your best to verify age by asking for appropriate identification for all applicants. Sometimes, teenagers obtain fake identifications for employment and other purposes. If someone appears much younger than his or her identification, you can always seek to further verify the age in other ways just to be sure.
You should also check with your worker compensation provider and vehicle insurer to see if they have any further restrictions. Some insurers restrict anyone under the age of 21 from driving company vehicles. In some states, you’re required to have a certificate issued by the state declaring what positions you will be employing minors in before you can hire them.
Editor’s Note: Jary Winstead is a safety consultant, author and trainer who serves a variety of industries including the forest products’ sector. He owns Work Safety Services LLC and can be reached at SAFEJARY@gmail.com.
