Self Assessment Tool
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Grocery Employer Self Assessment Tool |
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The U.S. Department of Labor's Wage and Hour Division produced this self assessment tool to help employers comply with the child labor provisions of the Fair Labor Standards Act. It reflects what our experience has shown to be some of the most common problems encountered in your industry. You can use this tool to help evaluate your firm's level of compliance. You are not required to use this tool, but we believe you will find it helpful in preventing problems and achieving compliance with the Federal child labor provisions. If you answer YES to any question, you are likely out of compliance. To know what you should be doing, refer to the attached Rules Summary.
Do any workers under 18 years of age do the following:
Do any workers under 16 years of age do the following:
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This self-assessment tool is provided for your convenience. Do not mail your completed self-assessment to the Wage and Hour Division.
Do any workers under 18 years of age do the following:
1. Operate or clean power-driven meat slicers or other meat or poultry processing machines?
Minors under age 18 may not set up, operate, assist to operate, clean, oil, adjust, or repair, power driven meat processing equipment. This includes meat slicers, meat grinders, patty forming machines, meat and bone cutting saws, and food processors when used to process meats or poultry. Such minors may not hand wash the disassembled parts of power-driven meat processing machines. Such minors may, however, run a rack through an automatic dishwasher containing the disassembled parts of a power-driven meat process machine as long as the minor does not come in contact with those parts. See 29 CFR § 570.61,
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2. Operate or clean any power-driven dough mixer or other bakery machines?
Minors under 18 generally may not set up, operate, assist to operate, clean, oil, adjust, or repair power driven bakery machines. This includes horizontal and vertical dough mixers (including countertop models), batter mixers, bread dividing, rounding, or molding machines, dough brakes, dough sheeters, cookie and cracker machines, and cake cutting bandsaws. A limited exemption does permit 16- and 17-yeare-olds to operate small capacity, portable, countertop mixers similar to the types used in private homes. See 29 CFR § 570.62
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3. Operate, load, or unload scrap paper balers or paper box compactors?
Minors under 18 generally may not load, operate, or unload balers and compactors-regardless of the materials being processed by the machines. A limited exemption does allow 16- and 17-year-olds to load-but not operate or unload-certain scrap paper balers and paper box compactors under specific conditions if the equipment meets certain safety standards, there is a posting to this effect on the machine, the on-off switch of the machine has a key-lock or other type of lock-out system, and the equipment can not be operated while it is being loaded. See 29 CFR § 570.63, and Important Change in the Child Labor Laws Affecting Hazardous Occupations Order No. 12 and the Loading of Scrap Paper Balers and Paper Box Compactors
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4. Drive a motor-vehicle on the job?
Minors under 18 generally may not drive any type of motor vehicle or work as an outside helper on public roads or highways. This prohibition extends to the towing of vehicles and the driving of school buses and trucks. There is a limited exception to this provision that permits 17-year-olds to drive an automobile or truck (gross vehicle weight not exceeding 6,000 pounds) for limited periods of time when certain conditions are met. These conditions include that the minor possess a valid license, the driving is only during daylight hours, the driving does not involve urgent time sensitive deliveries such as delivering a pizza to a residence, and the driving is only occasional and incidental to their employment. There are additional requirements that also must be met. See 29 CFR § 570.52 and see Fact Sheet #34
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5. Operate, assist to operate, or ride on any power-driven hoisting equipment such as a forklift, scissor lift, or work assist platform?
Minors under age 18 generally may not operate any power-driven hoisting equipment such as a forklift, forktruck, forklift truck, tiering truck, stacking truck, scissor lift, work assist platform, or a bobcat loader. Such youth are also prohibited from riding upon or working from such equipment. Lowlift trucks or lowlift platform trucks that are designed for the transporting, but not the tiering, of material are permitted. See 29 CFR § 570.58
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Do any workers under 16 years of age do the following:
6. Operate any hoisting equipment such as motorized hand trucks?
Minors 14 and 15-years old may not perform work involving the operation or tending of hoisting equipment (whether power-driven or not) or any power-driven equipment such as scissor lifts or motorized hand trucks. See 29 CFR § 570.33
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7. Operate motorized grocery cart retrieval systems and cart caddies?
Minors 14 and 15-years old may not operate any power-driven machinery such as a Cart Caddy or a QuicKart. These machines are used by employees in retail stores and their parking lots to move large strings of shopping carts back to the front of the store. Minors 16 years of age and older may operate such equipment. See 29 CFR § 570.33
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8. Load or unload goods from a truck or conveyor?
Fourteen- and 15-years old may not load or unload goods to and from conveyors, trucks, railroad cars or tanks, trucks, boats, planes, or other means of transportation. See 29 CFR § 570.33(k)
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9. Work inside a freezer or meat cooler?
Minors 14 and 15-years old are prohibited from working in freezers and meat coolers. This includes duties - such as taking inventory or performing cleanup work-which would require them to enter and remain in coolers or freezers for prolonged durations. These minors may enter freezers, but not meat coolers, momentarily-to retrieve items for use outside the equipment. See 29 CFR § 570.34(i)
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10. Operate power-driven bread slicers or bagel slicers?
Minors 14 and 15-years old may not operate, setup, adjust, repair, oil or clean power-driven food slicers, including bread slicers and bagel slicers. See 29 CFR § 570.33(e)
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11. Operate any power-driven equipment?
Minors 14 and 15-years old may not operate most power-driven machinery, including lawnmowers, trimmers, and "weed-whackers". These minors may operate office machinery, vacuum cleaners, floor waxers, and machines and devices used in connection with preparing and serving food and beverages, such as dishwashers, toasters, popcorn poppers, milk shake blenders, and coffee grinders. See 29 CFR Parts 570.33 & 570.34
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12. Work from ladders?
Minors 14 and 15-years old may not perform work requiring the use of ladders, scaffolds, or their substitutes. This includes outside window washing that involves working from windowsills. See 29 CFR § 570.34
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13. Cook?
Fourteen- and 15-year-olds may only perform cooking that (l) involves the use of electric and gas grills that do not entail cooking over an open flame and (2) involves the use of deep fat fryers which are equipped with and utilize devices which automatically raise and lower the "baskets," but not pressurized fryers. See 29 CFR §§ 570.33(h) and .34(c)
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14. Bake?
Minors under 16 years of age are prohibited from performing any baking duties. Prohibited baking duties include the weighing, mixing and assembling of ingredients and the operation of pizza ovens and convection ovens. The use of warming devices to maintain the heat of cooked food is permitted. See 29 CFR §§ 570.33(h) and .34(j)
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15. Clean cooking equipment or handle hot oil or grease?
On February 14, 2005, new regulations addressing the cleaning of cooking equipment, the filtering of grease and oil, and the transporting of grease and oil by 14- and 15-year-old employees will become effective. Under these new provisions, 14- and 15-year-olds may clean, maintain (including the changing, cleaning, and disposing of oil or grease and oil or grease filters), and repair cooking devices (other than power-driven equipment) when the surfaces of the equipment or liquids do not exceed a temperature of 100° F. All minors under 18 years of age are prohibited from operating and cleaning power-driven meat slicers and bakery equipment. See 29 CFR § 570.34(i)
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16. Work during school hours?
Minors 14 and 15-years old may not work during school hours. School hours are determined by the local public school in the area where the minor is residing while so employed, even if the minor does not attend the public school (i.e., attends a private school or is home schooled). Such minors may be employed outside of school hours with certain limitations. The term outside school hours means such periods as before and after school hours, holidays, summer vacations, Sundays, or any other day or part of a day when the local public school is not in session. See 29 CFR § 570.35
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17. Work before 7:00 a.m. on any day?
Minors 14 and 15-years old may not be employed before 7:00 a.m. on any day. See 29 CFR § 570.35
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18. Work past 7:00 p.m. between Labor Day and June 1?
Minors 14 and 15-years old may not be employed past 7:00 p.m. from the day after Labor Day through May 31. This applies even if there is no school the next day, such as a Friday or Saturday night, as well as in weeks when school is not in session such as during spring break. These same minors may not work past 9:00 p.m. between June 1 and Labor Day. See 29 CFR § 570.35
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19. Work past 9:00 p.m. between June 1 and Labor Day?
Minors 14 and 15-years old may not be employed past 9:00 p.m. between June 1 and Labor Day. They may not work past 7:00 p.m. between the day after Labor Day through May 31. See 29 CFR § 570.35
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20. Work more than 3 hours on a school day, including Fridays?
Minors 14 and 15-years old may not work more than 3 hours on a school day, including Fridays. This prohibition applies even if there is no school the next day. See 29 CFR § 570.35
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21. Work more than 8 hours on any day?
Minors 14 and 15-years old may work up to 8 hours a day on Saturdays and Sundays and on other days when school is not in session, as long as they do not exceed the maximum permissible hours in any workweek. They may work up to 18 hours in any week school is in session and up to 40 hours in any week school does not meet. See 29 CFR § 570.35
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22. Work more than 18 hours in any week when school is in session?
Minors 14 and 15-years old may not work more than 18 hours a week when school is in session. For these purposes, school is in session in any week in which school meets, even if it meets for a part of a day or a portion of the week. School hours and school weeks are determined by the local public school the minor would attend if he or she attended public school. See 29 CFR § 570.35
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23. Work more than 40 hours in any week when school is not in session?
Minors 14 and 15-years old may not work more than 40 hours in a week when school is not in session. They may not work more than 18 hours in a week when school meets. For these purposes, school is in session in any week in which school meets, even if it meets for a § of a day or a portion of the week. School hours and school weeks are determined by the local public school the minor would attend if he or she attended public school. See 29 CFR § 570.35
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24. Do you employ any workers who are less than 14 years of age?
Minors 13 years of age and younger are generally not allowed to work under the Federal child labor provisions. Permissible employment for such minors is limited to work that is either exempt, such as delivering newspapers and acting, or not covered by the FLSA, such as casual babysitting, performing minor chores around private homes, and working for a parent who is the sole owner of a business. See 29 CFR § 570.2
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25. Do you fail to maintain in your records a date of birth for every employee under 19 years of age?
Employers are required to maintain and preserve certain records, including the date of birth for all employees who are less than 19 years of age. See 29 CFR § 516.2(a)
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July 2010
