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UNDERAGE WORKERS

UNDERAGE WORKERS. PUBH 3310 December 2, 2009. Objectives. Know the extent of the problem Events and industries Know about the Department of Labor regulations for child labor Fair Labor Standards Act of 1938 Restrictions for underage workers “Hazardous orders”

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UNDERAGE WORKERS

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  1. UNDERAGE WORKERS PUBH 3310 December 2, 2009

  2. Objectives • Know the extent of the problem • Events and industries • Know about the Department of Labor regulations for child labor • Fair Labor Standards Act of 1938 • Restrictions for underage workers • “Hazardous orders” • Hours standards and work restrictions for 14 -15 year olds • Be familiar with online resources for teenage workers

  3. Outline • History • Statistics • Current problems • Fair Labor Standards Act • Hazardous Orders • Restrictions for 14-15 year olds • Resources

  4. History • Labor laws have been enacted over time to prevent child labor • The problem continues, domestically and internationally http://www.historyplace.com/unitedstates/childlabor/

  5. Statistics • About 70 teen workers killed each year (by event)

  6. Statistics • About 70 teen workers killed each year (by industry)

  7. Statistics • 200,000 adolescents suffer work-related injuries each year. • 53,000 adolescents required treatment in hospital emergency rooms for work-related injuries in 2006 • 6300 required at least one day away from work due to injuries in 2007 • Nearly 6 of every 100 full-time equivalent adolescent workers obtain treatment in hospital emergency rooms each year • Workers under age 18 have higher injury rates than adult workers

  8. Injury rates by age Rates of Work-Related Injuries and Illnesses Treated in Emergency Departments by Age Group, United States, 2006

  9. Injuries by industry Distribution of Youth (<18 Years) Work-related Injuries and Illnesses Reported by Employers by Industry Sector, United States, 2007

  10. Current problems • Government Accounting Office report • Local violations • Restaurants • Movies • Construction • Wal-Mart • Etc.

  11. Government Accounting Office Report • In a 2002 report, the Government Accounting Office (GAO) encouraged Labor to Strengthen Its Efforts to Protect Children Who Work • 40% of 16-17 year-olds worked • Department of Labor compliance efforts suffer from limitations that may prevent adequate enforcement of the law. • 27-SEP-02, GAO-02-880

  12. Labor Department fines Kaysville restaurant • Tasty's Inc., a Kaysville restaurant, was fined $22,467 by the U.S. Department of Labor for allegedly employing 22 minors in violation of federal child labor standards • 12 minors under the age of 14 • Seven between 14 and 15 years of age • 17 children were employed as "Donut Boys," selling bags of doughnuts door-to-door and delivering doughnuts to buyers. • Three 16-year-olds were cleaning and assembling a power-driven meat slicer and vertical dough mixer at the restaurant • Deseret News, Thursday, January 23, 2003

  13. Theater chain hit with federal fines • The U.S. Department of Labor fined Consolidated Theaters Inc, a Murray-based theater chain, for alleged federal child labor violations. • $22,230 in civil penalties for working minors as late as 12:30 a.m. • 14- and 15-year-olds may not work later than 7 p.m., or before 7 a.m., and not more than three hours on a school day or 18 hours in a school week. During summer months, the hours are extended to 9 p.m. •  24 minors were involved in violations at Gateway Cinema in Bountiful, TuCine Theaters in Kearns, Show Case 6 in Taylorsville and 5 Star Cinema in Magna. • Deseret News, Wednesday, March 5, 2003http://www.allbusiness.com/legal/trial-procedure-fines-penalties/10318796-1.html

  14. Provo-Orem restaurants get labor briefings • The U.S. Department of Labor conducts major labor law educational effort targeted at 50 restaurants in the Provo and Orem area • Investigators explain how the Fair Labor Standards Act applies to their businesses. • Issues to be addressed include minimum wage, overtime pay, record keeping and child labor working hours. • Monday, March 24, 2003 Deseret News • http://www.dol.gov/whd/media/press/whdpressVB2.asp?pressdoc=Southwest/SWarchive/20030032.xml

  15. Labor Department files petition against roofing contractor • The Labor Department filed a complaint seeking back pay and liquidated damages for unpaid wages and to enjoin Guaranteed Roofing Co. LLC, All-Types Roofing Inc., Ron Case Roofing Supply LLC, Mr. Roof, Henningsen Sign Co. and Shain Case and Tamera Pease from violating minimum wage, overtime, child labor and recordkeeping standards. • Tuesday, April 29, 2003 Deseret News

  16. Contractors charged in child labor complaint • The U.S. Department of Labor filed a civil complaint in federal court against Paragon Contractors Corp. of Hilldale, Utah, Brian Jessop and James Jessop. • The two Jessops employed at least two minors under age 14 and one under age 16 to work on roofing projects • At least two youths under age 16 operated power circular saws. • 08/27/2006 Deseret News

  17. Wal-Mart labor violations reported • An internal audit of 128 Wal-Mart stores identified extensive violations of child labor laws and state regulations requiring time for breaks and meals. • The audit of one week's time-clock records for roughly 25,000 employees found 1,371 instances in which minors apparently worked too late at night, worked during school hours or worked too many hours in a day • Tuesday, January 13, 2004, Deseret News

  18. Wal-Mart to pay penalty in child-labor dispute • Wal-Mart Stores Inc. will pay $135,540 to settle federal charges that it broke child labor laws • The 24 violations, which occurred at stores in Arkansas, Connecticut and New Hampshire, had to do with teenage workers who used hazardous equipment such as a chain saw, paper bailers and fork lifts. • Wal-Mart denied the allegations but agreed to pay the penalty. • The company also agreed to comply with any provisions they violated — in this case, child labor laws — in the future. • Sunday, February 13, 2005, Deseret News

  19. Utah Pizza firm fined for Child Labor Violations • The company that operates Little Caesar's Pizza restaurants in Utah has been fined more than $110,000 for child labor violations • Violations at a Sandy restaurant include underage workers operating mechanical dough mixers and performing baking and cooking work, and working longer yours than allowed • The company agreed to agreed to launch a statewide public service campaign to educate the public about federal regulations involving young workers • The Salt Lake Tribune 07/19/2007 • http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=367x2364

  20. Utah teen dies in forklift accident • A 16-year-old boy was killed August 10, 2007 when the forklift he was driving rolled on top of him. • The teen was working near 2200 West and Alexander Street (2400 South), when the forklift overturned. Workers inside a nearby building heard a crashing noise about 3:20 p.m., they ran outside and found the boy • The forklift was on relatively flat ground and had been hauling a pile of crumpled metal • Desert News, August 12, 2007 • http://deseretnews.com/dn/view/0,5143,695200200,00.html

  21. Orem-based market research company fined $552,750 • Western Wats Center Inc, violated child-labor provisions by employing 1,482 minors and not following the rules on wages and how many hours youthful employees are allowed to work • Three of the employees were 13; the rest were 14 and 15 • Most violations involved child-labor provisions on how many hours can be worked by youth • (Deseret News, 9/30/09) • http://www.deseretnews.com/article/705333266/Company-fined-over-child-labor.html

  22. State booklets aimed at protecting teenage workers By Mike Gorrell, The Salt Lake Tribune, Updated: 06/16/2009 10:46:12 AM MDT Two booklets designed to increase awareness of teen summer job safety have been published by the Utah Occupational Safety and Health Division (OSHA). "A Parent's Guide to Youth Workers" gives parents tools to talk with their children about safety in the workplace. The second booklet, "The Youth Workers' Guide to Workplace Safety," informs teen workers about their rights as workers. "Teenagers are twice as likely to be hurt on the job as adult co-workers," said Utah Labor Commissioner Sherrie Hayashi. "Nationally, 158,000 sustain work-related injuries, with 52,600 injuries serious enough to be treated in the emergency room. In 2007, 38 youths under age 18 died from work-related injuries, down from 134 fatalities in 2004." Motor vehicle crashes are the leading cause of teenage deaths on the job, followed by accidents involving the operation of motorized equipment (such as forklifts) and machinery, homicide in retail industries and construction. Both guides contain information about jobs Utah youth can and cannot do (listed by age); ways to access employers' safety records; whom to contact if a youth has been injured, harassed, lost wages, been placed in an unsafe position or is asked to work excessive hours; and a new online service that can be used to verify whether an employer has workers' compensation insurance. For information, contact Kate McNeill, Utah OSHA consultation program manager, at 801-530-6855 or kmcneill@utah.gov. Booklets may be downloaded at www.laborcommission.utah.gov/UOSH/Outreach/OutreachMaterials.html.

  23. Fair Labor Standards Act • Fair Labor Standards Act, 1938 • Established limits for child labor • 16-18 year old children are restricted from working in a hazardous occupation • Children 14 -16 years can work in non-hazardous occupations during hours that don’t interfere with schooling • Restrictions on the delivery and shipment of goods produced with oppressive child labor • The Act also established the maximum work hours, overtime wages, etc.

  24. Enforcement • Civil money penalty of up to $11,000 for each minor employed in violation • Shipping “hot goods” is prohibited • Willful child labor violators • criminal prosecution • fined up to $10,000 • a second conviction may result in imprisonment. • Enforced by DOL Wage and Hour Division employees • stationed across the U.S.

  25. Hazardous Occupations Orders (HOs) • The FLSA requirements • 18-year minimum age for occupations that are particularly hazardous for 16- and 17-year-old minors, or detrimental to their health or well-being (HOs) • 14- and 15-year-olds are banned from performing any work proscribed by the HOs

  26. Hazardous Occupations Orders (HOs) • There are currently seventeen HOs for children under 18 years of age, which include a partial or total ban on the occupations or industries they cover • Exemptions for child actors or performers, newspaper delivery, making evergreen wreaths at home, and work for parents • There are 11 HO/As for agriculture, which include bans for children under 16 years of age • Children who work on their parent’s farm are exempt

  27. Hazardous Occupations Orders (HOs)restrictions for < 18 years old • HO 1 - Manufacturing or storing explosives • Bans minors working where explosives are manufactured or stored • Permits work in retail stores selling ammunition, gun shops, trap and skeet ranges, and police stations • HO 2 - Driving a motor vehicle or work as an outside helper on motor vehicles • Bans operating motor vehicles on public roads and working as outside helpers on motor vehicles • 17-year-olds may drive cars or small trucks during daylight hours for limited times and under strictly limited circumstances

  28. Hazardous Occupations Orders (HOs)restrictions for < 18 years old • HO 3 - Coal mining • Bans most jobs in coal mining • HO 4 - Logging and sawmilling • Bans most jobs in logging and timbering (including cutting firewood) and in sawmills • HO 5 - Power-driven woodworking machines • Bans the operation of most power-driven woodworking machines, including chain saws, nailing machines, and sanders*

  29. Hazardous Occupations Orders (HOs)restrictions for < 18 years old • HO 6 - Exposure to radioactive substances and ionizing radiation • Bans exposure to radioactive materials • HO 7 - Power-driven hoisting apparatus • Bans the operation of most power-driven hoisting apparatus such as forklifts, non-automatic elevators, bobcats and cranes, including most high lift trucks • Does not apply to chair-lifts at ski resorts nor to electric and pneumatic lifts used to raise cars in garages and gasoline service stations

  30. Hazardous Occupations Orders (HOs)restrictions for < 18 years old • HO 8 - Power-driven metal-forming, punching and shearing machines • Bans the operation of certain power-driven metal-working machines but permits the use of most machine tools* • HO 9 - Mining, other than coal • Bans most jobs in mining at metal mines, quarries, aggregate mines, and other mining sites including underground work in mines, work in or about open cut mines, open quarries, and sand and gravel operations

  31. Hazardous Occupations Orders (HOs)restrictions for < 18 years old • HO 10 - Power-driven meat-processing machines, slaughtering and meat packing plants • Bans the operation of power-driven meat processing machines, such as meat slicers, saws and meat choppers, wherever used (including restaurants and delicatessens) • Ban includes the use of this machinery on items other than meat, such as cheese and vegetables • HO 10 also bans most jobs in slaughtering and meatpacking establishments*

  32. Hazardous Occupations Orders (HOs)restrictions for < 18 years old • HO 11 - Power-driven bakery machines • Bans the operation of power-driven bakery machines such as vertical dough and batter mixers (including most countertop models), dough rollers and dough sheeters • Ban covers such machinery wherever used

  33. Hazardous Occupations Orders (HOs)restrictions for < 18 years old • HO 12 - Power-driven paper-products machines • Bans the operation of power-driven paper products machines such as scrap paper balers, paper box compactors, and platen-type printing presses • 16 - and 17-year-olds may load, but not operate or unload, certain scrap paper balers and paper box compactors under very specific guidelines* • HO 13 - Manufacturing of brick, tile and related products • Bans most jobs in the manufacture of brick, tile and similar products.

  34. Hazardous Occupations Orders (HOs)restrictions for < 18 years old • HO 14 - Power-driven circular saws, band saws and guillotine shears • Bans the operation of various types of power-driven band and circular saws and guillotine shears, no matter what kind of items are being cut by the saws and shears* • HO 15 - Wrecking, demolition, and ship-breaking operations • Bans most jobs in wrecking, demolition, and ship-breaking operations, but does not apply to remodeling or repair work which is not extensive

  35. Hazardous Occupations Orders (HOs)restrictions for < 18 years old • HO 16 - Roofing operations • Bans most jobs in roofing operations including work performed on the ground and removal of the old roof* • HO 17 - Trenching and excavation operations • Bans most jobs in trenching and excavation work, including working in a trench more than four feet deep

  36. Hazardous Occupations Orders (HOs)restrictions for < 18 years old *Limited exemption from HOs 5, 8, 10, 12, 14, 16 and 17 for apprentices and student-learners who are at least 16 years of age and enrolled in approved programs

  37. Hazardous Orders for Agriculture (HO/A)restrictions for < 16 years old • Currently 11 Hazardous Orders for Agriculture (HO/A) • No youth under 16 years of age may be employed at any time in any hazardous occupations in agriculture (HO/A) unless specifically exempt • Exemption for HO/A 1 and 2 for 14-15 years old completing 4-H Federal Extension Training Programs • Partial exemption for HO/A 1 through 6 for 14-15 years old in vocational agricultural training

  38. Hazardous Orders for Agriculture (HO/A)restrictions for < 16 years old • HO/A 1 – Tractor operation • Operating a tractor of over 20 PTO (Power-Take-Off) horsepower, or connecting or disconnecting implements or parts to such a tractor

  39. Hazardous Orders for Agriculture (HO/A)restrictions for < 16 years old • HO/A 2 – Specific machines • Operating or helping to operate any of the following machines (operating includes starting, stopping, adjusting, or feeding the machine or any other  activity involving physical contact with the machine): • Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, or mobile pea viner; • Feed grinder, crop dryer, forage blower, auger conveyor, or the unloading mechanism of a non-gravity-type self-unloading wagon or trailer; or, • Power post-hole digger, power post driver, or nonwalking-type rotary tiller.  

  40. Hazardous Orders for Agriculture (HO/A)restrictions for < 16 years old • HO/A 3 – Specific machines • Operating, or assisting to operate any of the following machines (operating includes starting, stopping, adjusting, or feeding the machine, or any other activity involving physical contact with the machine): • Trencher or earthmoving equipment; • Fork lift; • Potato combine; or, • Power-driven circular, band, or chain saw.  

  41. Hazardous Orders for Agriculture (HO/A)restrictions for < 16 years old • HO/A 4 – Hazardous animals • Working on a farm in a yard, pen, or stall occupied by a: • Bull, boar, or stud horse maintained for breeding purposes; or • Sow with suckling pigs, or cow with newborn calf with umbilical cord present.  

  42. Hazardous Orders for Agriculture (HO/A)restrictions for < 16 years old • HO/A 5 - Timber • Loading, unloading, felling, bucking, or skidding timber with a butt (large end) diameter of more than 6 inches.   • HO/A 6 – Ladders or scaffolds • Working from a ladder or scaffold at a height of over 20 feet (working includes painting, repairing, or building structures, pruning trees, picking fruit, etc.).

  43. Hazardous Orders for Agriculture (HO/A)restrictions for < 16 years old • HO/A 7 – Motor vehicles • Driving a bus, truck, or automobile when transporting passengers, or riding on a tractor as a passenger or helper.  

  44. Hazardous Orders for Agriculture (HO/A)restrictions for < 16 years old • HO/A 8 – Confined spaces • Working inside: • A fruit, forage (feed), or grain storage structure designed to retain an oxygen deficient or toxic atmosphere - for example, a silo where fruit is left to ferment; • An upright silo within 2 weeks after silage (fodder) has been added or when a top unloading device is in operating position; • A manure pit; or, • A horizontal silo while operating a tractor for packing purposes.

  45. Hazardous Orders for Agriculture (HO/A)restrictions for < 16 years old • HO/A 9 – Hazardous chemicals • Handling or applying agricultural chemicals if the chemicals are classified under the Federal Insecticide, Fungicide and Rodenticide Act as Toxicity Category I -- identified by the word "Danger" and/or "Poison" with skull and crossbones; or Toxicity Category II -- identified by the word "Warning" on the label. (Handling includes cleaning or decontaminating equipment, disposing of or returning empty containers, or serving as a flagman for aircraft applying agricultural chemicals.)  

  46. Hazardous Orders for Agriculture (HO/A)restrictions for < 16 years old • HO/A 10 - Explosives • Handling or using a blasting agent including, but not limited to dynamite, black powder, sensitized ammonium nitrate, blasting caps and primer cord • HO/A 11- Ammonia • Transporting, transferring, moving, or applying anhydrous ammonia (dry fertilizer)

  47. Hours Standards for14- and 15-Year-Olds • Hour restrictions for 14- and 15-year-olds • Outside school hours only * • No more than 3 hours on a school day • No more than 8 hours on a nonschool day • No more than 18 hours during a week when school is in session • No more than 40 hours during a week when school is not in session • Between 7 a.m. and 7 p.m. – except between June 1 and Labor day when the evening hour is extended to 9 p.m. * School hours are determined by the local public school

  48. WorkRestrictions for14- and 15-Year-Olds • Fourteen- and 15-year-olds: • May work in most office jobs and retail and food service establishments • Not work in processing, mining, or in any workroom or workplace where goods are manufactured or processed • Prohibited from working in any of the Hazardous Orders or in occupations involving transportation, construction, warehousing, communications and public utilities

  49. Work Restrictions for14- and 15-Year-Olds • Fourteen- and 15-year-olds: • May not operate most power-driven machinery, including lawn mowers, lawn trimmers and weed cutters. • May operate most office machines and certain equipment found in food service establishments such as dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, and coffee grinders.

  50. Work Restrictions for14- and 15-Year-Olds • Fourteen- and 15-year-olds: • May be employed in occupations such as bagging groceries, office work, stocking shelves, cashiering, and light cooking performed in the full sight of customers. Fourteen- and 15-year-olds may not bake as part of their employment.

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