1
2	Table of Contents
3	Table of Contents
4	Introduction
5	Introduction On average, one teen dies every five days due to a workplace injury. (Source: Bureau of Labor Statistics, Census of Fatal Occupational Injuries)
6	Introduction 2.5% of all employed youth work in construction. Of those employed in construction, the youth between the ages of 15 and 17 have a seven times greater chance of being fatally injured than those minors working in other industries. They run twice the risk of being killed as those employees in construction aged 25 to 44. (Source: National Institute for Occupational Safety and Health Report)
7	Introduction In Alaska, a 14-year-old died when he was crushed under a 5-ton beam. The victim was working with two co-workers under a structure that was resting on supports until a new foundation could be built. One of the beams rolled onto the victim’s back, pinning him against the ground. (September 2001) A 17-year-old Arizona youth died after an unprotected wall of the trench he was working in collapsed, striking him and covering him with soil. (February 1999) A 16-year-old Hispanic youth died from a two-story fall at a construction site in South Carolina. He and his father were working with a subcontractor, helping to build condominiums. (March 2004) (Source: National Institute for Occupational Safety and Health)
8	Introduction We believe that fewer deaths and injuries will occur to youth who work for employers that comply with the youth employment rules. Employers who obtain sufficient knowledge of federal and state youth employment laws can take pro-active steps toward compliance. Our effort today is to educate employers on how to comply. If this results in saving the life of one minor or preventing serious injury then this effort is worthwhile.
9	What are the rules governing youth who work in construction? Youth Employment Regulations
10	Youth Employment Regulations Laws and regulations: The federal law that primarily governs the employment of youth is the Fair Labor Standards Act (FLSA) The regulations within the FLSA that address youth employment are called the Youth Employment or Child Labor Regulations Child Labor Bulletin 101 provides guidance on how to comply with the regulations
11	Youth Employment Regulations Do the youth employment provisions apply to construction companies? The youth employment provisions and regulations apply to all construction companies whose annual volume of business exceeds $500,000 If a construction enterprise was in existence prior to April 1, 1990, it may be subject to the youth employment laws even if its annual volume is less than $500,000
12	Youth Employment Regulations The federal youth employment provisions do not: Require youth to obtain “working papers” or work permits, even though many states do Limit the number of hours or times of day that workers 16 years of age and older may legally work, though many states do
13	Youth Employment Regulations Documentation of age: Under the FLSA’s record-keeping requirements, employers must maintain a record of the date of birth for employees under age 19. To protect themselves from unwitting violations, employers may wish to obtain federal certificates of age or state-issued age certificates.
14	How old must a minor be before he or she can work on a construction site? Age Requirements
15	Age Requirements Occupation restrictions: The minimum age standard for a construction worker is 16. 14- and 15-year-old youth may be employed by construction companies doing office work in an office setting, but not in a construction trailer on the job site. 14- and 15-year-old youth may not operate any power-driven machinery including: power lawnmowers; trimmers; weed-whackers; hoists; and woodworking machines.
16	Age Requirements Occupation restrictions (continued) 14- and 15-year-old youth may not operate motor vehicles or serve as helpers on such vehicles. 14- and 15-year-old youth may not work in any of the 17 occupations declared hazardous by the Secretary of Labor.
17	Age Requirements Hours restrictions: 14- and 15-year-old youth may not be employed: During school hours Before 7 a.m. or after 7 p.m. except from June 1 through Labor Day when the evening hour is extended to 9 p.m. For more than 3 hours on a school day or 8 hours on a non-school day For more than 18 hours a week during a school week or 40 hours during a non-school week* *For youth employment purposes, the workweek is defined as Sunday to Saturday.
18	Age Requirements Minors employed by their parents are not subject to the same child labor provisions provided that the minor is not employed in an actual manufacturing or mining occupation if under age 16, or in any occupation declared hazardous by the Secretary of Labor if under age 18.
19	Hazardous Occupations Orders (HOs)
20	Hazardous Occupations Orders Minors under age 18 are prohibited from working in occupations which the Secretary of Labor has declared hazardous. There are 17 HOs; 8 are of particular concern to the construction industry.
21	Hazardous Occupations Orders HOs regarding construction: HO 1—Manufacturing or storage occupations involving explosives HO 2—Motor vehicle occupations HO 5—Power-driven woodworking machines HO 7—Power-driven hoisting apparatus occupations HO 14—Power-driven circular saws, bandsaws, and guillotine shears HO 15—Wrecking, demolition, and shipbreaking operations HO 16—Roofing operations HO 17—Excavation operations
22	Hazardous Occupations Orders Example of Violation The youth is working next to a shed where explosives are stored. There is no separate and definite “non-explosives area” and there is nothing to prevent a youth from entering the shed.
23	Hazardous Occupations Orders HO 1—Manufacturing or Storage Occupations Involving Explosives Minors under age 18 cannot use or handle explosives Minors under age 18 are prohibited from construction sites where explosives are stored or used
24	Hazardous Occupations Orders Minors may work in a non-explosive area provided: There is no handling or use of explosives The distance from the explosives area meets prescribed standards The area is separated by a fence or is a definite designated area There are controls such as a fence, lock or gate to prevent entry
25	Hazardous Occupations Orders Example of Violation Minors under age 18 are not allowed to make urgent, time-sensitive deliveries.
26	Hazardous Occupations Orders HO 2—Motor Vehicle Occupations: Driving Minors under age 18 cannot be employed as a motor vehicle driver or outside helper on any public road or highway There is a limited exemption for 17-year-olds
27	Hazardous Occupations Orders Limited exemption for 17-year-old employees: 17-year-olds may drive automobiles and trucks on public roads as part of their employment on an “occasional and incidental” basis if all the following are met: The gross vehicle weight does not exceed 6,000 pounds The driving is limited to daylight hours The driving is limited to a 30-mile radius of the minor’s place of employment
28	Hazardous Occupations Orders Limited exemption for 17-year-old employees (continued) The 17-year-old holds a state license valid for the type of driving involved The 17-year-old has successfully completed a state-approved driver education course and has no record of any moving violations at the time of hire
29	Hazardous Occupations Orders Limited exemption for 17-year-old employees (continued) The driving may not involve: Towing vehicles Route delivery or route sales Transportation for hire of property, goods or passengers Urgent, time-sensitive deliveries Transporting more than 3 passengers, including employees of the employer
30	Hazardous Occupations Orders Limited exemption for 17-year-old employees (continued) The driving may not involve: More than 2 trips away from the primary place of employment in any single day to deliver the employer’s goods to a customer (other than urgent, time-sensitive deliveries which are prohibited) More than 2 trips away from the primary place of employment in any single day to transport passengers other than the employees of the employer
31	Hazardous Occupations Orders Example of Violation Minors under age 18 are prohibited from using a battery operated drill.
32	Hazardous Occupations Orders HO 5—Power-Driven Woodworking Machines Operating, setting up, adjusting, repairing, oiling, and/or cleaning a power-driven woodworking machine is generally prohibited.
33	Hazardous Occupations Orders Prohibited occupations: Operating (including supervising), feeding, helping Setting up, adjusting, repairing, oiling and cleaning Off-bearing from circular saws by hand
34	Hazardous Occupations Orders Occupations not specifically banned: Off-bearing or tailing from: bandsaws; circular saws where material is conveyed away; planers; molders; sanding machines; nailers Placing material on a moving chain or hopper Carrying material from one machine to another Arranging material for someone else to feed Work in preparation for shipping
35	Hazardous Occupations Orders Prohibited activities: Cutting Circular saw Bandsaw Jigsaw Chain saw
36	Hazardous Occupations Orders Prohibited activities (continued) Shaping and forming Shaper Molder Hole cutter Router Drill (including battery operated drill)
37	Hazardous Occupations Orders Prohibited activities (continued) Surfacing Planer Jointer Sander
38	Hazardous Occupations Orders Prohibited activities (continued) Nailing Nailer Roofing gun Drywall gun Siding gun
39	Hazardous Occupations Orders Prohibited activities (continued) Stapling Power stapler
40	Hazardous Occupations Orders Example of Violation Minors under age 18 are not allowed to operate bulldozers.
41	Hazardous Occupations Orders HO 7—Power-Driven Hoisting Apparatus Occupations Operating certain power-driven hoisting apparatus—which includes elevators, cranes, derricks, hoists, highlift trucks (including forklifts), portable elevators, and piling machines—is prohibited.
42	Hazardous Occupations Orders Permitted activities: Operate or ride on automatic elevators (all operations are automatic) Operate an electric or air operated hoist not exceeding one-ton capacity Operate a “cherry picker”
43	Hazardous Occupations Orders Prohibited equipment: Youth are prohibited from operating these power-driven hoisting apparatuses which are commonly found at construction sites: backhoes, skid loaders, forklifts, bobcat loaders, and cranes.
44	Hazardous Occupations Orders Example of Violation Even changing the blade in the saw is not allowed.
45	Hazardous Occupations Orders HO 14—Power-Driven Circular Saws, Bandsaws, and Guillotine Shears 16- and 17-year-olds are prohibited from: Operating Assisting to operate Setting up Adjusting Repairing Oiling and cleaning
46	Hazardous Occupations Orders The following machines are not prohibited under HO 8:* Abrasive wheels Alligator shears Circular knives Circular shears Disc grinders Friction saws Jigsaws Wire saws *Their use may be prohibited under other HOs when used on materials other than metal. For example, a jigsaw used on wood would be covered under HO 5.
47	Hazardous Occupations Orders HO 15—Wrecking, Demolition, and Shipbreaking Operations Minors are prohibited from working at wrecking and demolition sites. This includes clean-up and salvage work at the site.
48	Hazardous Occupations Orders Example of Violation No one under age 18 can be employed in a roofing occupation or perform work on or about a roof.
49	Hazardous Occupations Orders HO 16—Roofing Operations All occupations in roofing operations are prohibited, even those performed on the ground including: Application of all weatherproofing materials on roofs Installation and all related metalwork such as flashing, and underlayment such as tar paper All alterations, additions, maintenance and repair, including painting and coating All clean-up work, including work performed on the ground
50	Hazardous Occupations Orders Important change: Effective February 14, 2005: All workers under age 18 are prohibited from performing all work in roofing occupations as well as all work on or about a roof. This includes all work performed upon or in close proximity to a roof, including work on a ladder or scaffold at or near a roof. Youth are also prohibited from using a roof to access a work station (such as a platform used to wash windows).
51	Hazardous Occupations Orders “On or about a roof” also includes: Carpentry Metal work Alterations Additions Maintenance and repair Sheathing installation Gutter and downspouts HVAC work Satellite dish installation Installation of joists and trusses
52	Hazardous Occupations Orders Example of permitted excavation operation Minors may work in trenches that do not exceed four feet in depth at any point.
53	Hazardous Occupations Orders HO 17—Excavation Operations The following occupations in excavation operations are prohibited: Excavating, working in, or backfilling (refilling) trenches, except: Working in, manually excavating, and manually backfilling trenches less than four feet in depth
54	Hazardous Occupations Orders Prohibited excavation operations (continued) Excavating for buildings or other structures or working in such excavations, except: Manually excavating to, or working in, a depth not exceeding four feet below any ground surface adjoining the excavation Working in an excavation where the side walls are shored or sloped to the angle of repose
55	Hazardous Occupations Orders Prohibited excavation operations (continued) Working within tunnels prior to the completion of all driving and shoring operations Working within shafts prior to the completion of all sinking and shoring operations
56	Exemptions from certain HOs for apprentices and student-learners
57	Exemptions from Certain HOs The following construction-related HOs contain exemptions for 16- and 17-year-old apprentices and student-learners: HO 5—Power-driven woodworking machines HO 14—Power-driven saws HO 16—Roofing HO 17—Excavation operations
58	Exemptions from Certain HOs Apprentices must meet the following conditions: The apprentice is employed in a craft recognized as an apprenticeable trade The work is incidental to his or her training Such work is intermittent and for short periods of time and is under the direct supervision of a journeyman as a necessary part of such apprentice training
59	Exemptions from Certain HOs The apprentice must fall under one of three categories: Registered with the Bureau of Apprenticeship and Training (BAT) of the U.S. Department of Labor and employed under BAT standards Registered by a state agency and employed under standards of a state apprenticeship agency recognized by the BAT Employed under a written apprenticeship agreement and conditions which are found by the Secretary of Labor to conform with federal or state standards
60	Exemptions from Certain HOs Student-learners must meet the following conditions: The student-learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school
61	Exemptions from Certain HOs The student-learner is employed under a written agreement which provides: The work is incidental to the training It is intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person Safety instruction will be given by the school and correlated by the employer with on-the-job training A schedule of organized and progressive work processes to be performed on the job has been prepared Each such written agreement must contain the name of the student-learner, and be signed by the employer and the school-coordinator or principal
62	Exemptions from Certain HOs Copies of the agreement are to be kept by school and employer This exemption can be revoked if reasonable safety precautions are not observed A high school graduate may be employed in an occupation in which training has been completed as a student-learner, even if the youth is not yet age 18 “Intermittent” (no more than an hour a day) and “short periods of time” (no more than 20% of the work shift) mean that an apprentice or student-learner may not be the principal operator of prohibited machinery and may do so only when required by the training experience
63	Exemptions from Certain HOs “Direct and close supervision”—one journeyman or experienced adult working with the first apprentice or student-learner on site, and at least three journeymen or experienced adults working alongside each additional apprentice or student-learner This applies only during the periods when the apprentice or student-learner is actually performing work that would otherwise be prohibited
64	Penalties for Violation
65	Penalties for Violation Federal youth employment standards are enforced by the Department of Labor’s Wage and Hour Division. Civil money penalties (fines): Employers may be subject to a civil money penalty of up to $11,000 for each violation The employment of a single minor may result in multiple violations An employer has the right to appeal a civil money penalty to an administrative law judge Other penalties: Civil Injunction compelling compliance Criminal Sanctions for willful violations
66	Which of the following scenes are violations of child labor provisions? Test Your Knowledge
67	Test Your Knowledge The youth you will see are portraying minors who are 16- or 17-year-olds. They are not enrolled in an apprenticeship or student-learner program.
68	Test Your Knowledge Number 1 Is this a violation? Why?
69	Test Your Knowledge This is not a violation. The issue is whether picking up the wood is “off-bearing.” It is not considered off-bearing when removal has been conveyed away from the saw by gravity.
70	Test Your Knowledge Number 2 Is this a violation? Why?
71	Test Your Knowledge Yes, this is a violation. Minors are prohibited from operating power-driven woodworking machines such as this chop saw.
72	Test Your Knowledge Number 3 Is this a violation? Why? (minor is on the right)
73	Test Your Knowledge Yes, this is a violation. Minors are prohibited from working as a helper and off-bearing wood from a table saw.
74	Test Your Knowledge Number 4 Is this a violation? Why?
75	Test Your Knowledge Yes, this is a violation. Minors are prohibited from using a power nailer. It is classified as a power-driven woodworking machine.
76	Test Your Knowledge Number 5 Is this a violation? Why?
77	Test Your Knowledge This is not a violation. The use of abrasive wheels on metal is not prohibited by any HO. If the abrasive wheel was used on wood it would be a violation.
78	Test Your Knowledge Number 6 Is this a violation? Why?
79	Test Your Knowledge Yes, this is a violation. Minors are prohibited from operating a power-driven hoisting apparatus such as an excavator and from working in excavation.
80	Test Your Knowledge Number 7 Is this a violation? Why?
81	Test Your Knowledge Yes, this is a violation. Minors are prohibited from operating power-driven woodworking machines such as this chain saw.
82	Test Your Knowledge How did you do? Picking up boards from ground—no violation Operating circular saw—violation Off-bearing from circular saw—violation Operating power nailer—violation Operating abrasive wheel—no violation Operating excavator—violation Operating chain saw—violation
83	Appendix
84	Appendix Note: In the production of this presentation, no minors were used in violation of any of the Hazardous Order Occupations. The individuals who operated prohibited machinery were all at least 20 years of age.
85	Appendix Young workers can get hurt when: They take on jobs for which they are not trained—sometimes without being asked They do not have proper supervision They work with dangerous tools or equipment They perform tasks that violate youth employment laws
86	Appendix Recommendations to employers: Know and comply with the laws Assess and eliminate the potential for injury or illness associated with tasks required of minors Provide training to ensure that minors recognize hazards and are competent in safe work practices Routinely verify that minors continue to recognize the hazards and employ safe work practices
87	Appendix Recommendations to employers (continued) Evaluate equipment that youth operate to ensure it is legal and safe Ensure that adolescents are properly supervised to prevent injuries and hazardous exposures Involve supervisors and experienced workers in developing an injury prevention program and in identifying safety and health problems
88	Appendix For more information Other resources on Child Labor are available at www.dol.gov/esa/whd and www.youthrules.dol.gov. These sites contain: Regulations Fact Sheets Field operations handbook eLaws Frequently asked questions Links to other youth safety and employment resources To ask a specific question or register a comment, call toll-free: 1-866-4US-WAGE
89	Appendix Thank you! Our thanks to Mitch DaDante, President and CEO of the Northern Ohio Chapter of Associated Builders and Contractors, Inc., for providing: Facilities and apprentices to videotape for this presentation Opportunity to pilot this presentation at their facility Feedback on how to make this presentation better The Wage and Hour Division appreciates ABC’s partnering with us in this endeavor!
90	Appendix Thank you! We also want to thank each of our “actors and actresses” whose pictures and streaming video added greatly to this presentation: Laura Brodnick • Chris Cook • Juan Delgado • Thomas Dunn Steve Geiser • Corey Hannah • Christa Ondrey Ryan Ringstmeier • Elyse Waldow • Dale Zimmerman
91	Appendix This PowerPoint presentation was created for the Midwest Region Child Labor in Construction Initiative by: Tom Buckley, Team Leader • Ellen Bishop Dave Huster • Dale Stylinski • Verne Waldow Design by: Jill Tanenbaum Graphic Design & Advertising Inc.