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Youth Working in Construction

The U.S. Department of Labor Wage and Hour Division. Youth Working in Construction. Table of Contents. Table of Contents. Introduction. Return to TOC. Introduction. On average, one teen dies every five days due to a workplace injury.

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Youth Working in Construction

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  1. The U.S. Department of Labor Wage and Hour Division Youth Workingin Construction

  2. Table of Contents

  3. Table of Contents

  4. Introduction Return to TOC

  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) Return to TOC

  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) Return to TOC

  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) Return to TOC

  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. Return to TOC

  9. What are therules governingyouth who workin construction? Youth Employment Regulations Return to TOC

  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 Return to TOC

  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 Return to TOC

  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 Return to TOC

  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. Return to TOC

  14. How old must aminor be beforehe or she can workon a construction site? Age Requirements Return to TOC

  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. Return to TOC

  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. Return to TOC

  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. Return to TOC

  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. Return to TOC

  19. HazardousOccupationsOrders (HOs) Return to TOC

  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. Return to TOC

  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 Return to TOC

  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. Return to TOC

  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 Return to TOC

  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 Return to TOC

  25. Hazardous Occupations Orders • Example of Violation • Minors under age 18 are not allowed to make urgent, time-sensitive deliveries. Return to TOC

  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 Return to TOC

  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 Return to TOC

  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 Return to TOC

  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 Return to TOC

  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 Return to TOC

  31. Hazardous Occupations Orders • Example of Violation • Minors under age 18 are prohibited from using a battery operated drill. Return to TOC

  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. Return to TOC

  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 Return to TOC

  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 Return to TOC

  35. Hazardous Occupations Orders • Prohibited activities: • Cutting • Circular saw • Bandsaw • Jigsaw • Chain saw Return to TOC

  36. Hazardous Occupations Orders • Prohibited activities (continued) • Shaping and forming • Shaper • Molder • Hole cutter • Router • Drill (including battery operated drill) Return to TOC

  37. Hazardous Occupations Orders • Prohibited activities (continued) • Surfacing • Planer • Jointer • Sander Return to TOC

  38. Hazardous Occupations Orders • Prohibited activities (continued) • Nailing • Nailer • Roofing gun • Drywall gun • Siding gun Return to TOC

  39. Hazardous Occupations Orders • Prohibited activities (continued) • Stapling • Power stapler Return to TOC

  40. Hazardous Occupations Orders • Example of Violation • Minors under age 18 are not allowed to operate bulldozers. Return to TOC

  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. Return to TOC

  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” Return to TOC

  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. Return to TOC

  44. Hazardous Occupations Orders • Example of Violation • Even changing the blade in the saw is not allowed. Return to TOC

  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 Return to TOC

  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. Return to TOC

  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. Return to TOC

  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. Return to TOC

  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 Return to TOC

  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). Return to TOC

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