Minimum Age Restrictions in Workplace Safety
The federal government set the age for teens and children in terms of how old they must be before they can be employed and for good reason. In early years of the industrial revolution, children in the workplace were commonplace, resulting in horrible injuries. The laws on the books today are very clear to avoid this kind of labor mistake from happening again.
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History
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Children were commonly used in manufacturing and manual work in the 1800s, both in America and in England. It was an opportunistic approach; children had small hands that were very dexterous with machinery and families needed income to survive. Employers had a basic need for mass labor, so the use of children in labor became widespread.
It was in early the 1900s that Congress began to pay attention to child labor and its violations of already existing labor laws. By 1938, the Fair Labor Standards Act was past, restricting the use of child labor to age 16 and older, and the law was reinforced by the Supreme Court later in 1941 under challenge.
Federal Rules
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The U.S. Department of Labor is the federal authority in charge of setting and enforcing the laws regarding child labor. These laws are defined under the Fair Labor Standards Act (FLSA), which specifies the floor for the youngest worker is age 14. And, not only does the FLSA restrict the age of young employees, but it also spells out how many hours they are allowed to work per week for those under 16 years of age.
Furthermore, the FLSA bars any child employment in conditions designated as hazardous by the federal government, including driving of vehicles, digging, and operating automated equipment.
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Exceptions
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One of the most common exceptions to the federal age laws for working children is when a child is working for his parents. In general, the FLSA rules do not apply when the parent or a recognized guardian is the employer. The only restrictions tend to involve the type of work. For example, mining and fabrication work are not allowed, regardless of a parent being in charge of the work. The child must be age 18 to work in such occupations.
Driving at age 17 or older is allowed under certain conditions of employment. These include driving during daytime hours only, obtaining a valid driver's license, restrictions on the type of vehicle allowed, and the driving is limited to a partial amount of the total employment (generally no more than one-third of the work time daily or 20 percent in a week).
Violations
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Infractions of the FSLA rules can result in a number of penalties. Employers found guilty of violations can find their business being punished via required payment of back pay, punitive penalties and attorneys' fees in related litigation. In some cases, where proven, criminal liability can be charged, which can result in jail time for employer management.
Penalty amounts for child law violations not resulting in injury or death can total $11,000 per violation. For those that do result in harm or death, the penalty can range from $50,000 to $100,000 per violation, depending on what the U.S. Department of Labor finds in investigation.
Proactive Prevention of Youth Employment Problems
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To avoid problems with hiring teens, the best approach is a proactive one.
Make sure identification when hiring is accurate and valid. Check with their local high school and parents to make sure the hiring information provided is correct. Also confirm that parents are okay with their child working. It helps to get such approval in writing before employing the teen.
Make sure the line manager who will be in charge of the teen employee is properly trained under FLSA requirements for what a teen can or cannot do while working. This will prevent mistakes later.
If a teen employee is not performing adequately or continues to act improperly at work in a way that creates a risk around certain equipment then terminate the teen. It is better to start over with a new employee than to take the chance that the teen gets hurt because of a stubborn attitude or inability to listen.
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References
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- Photo Credit worker image by Steve Brase from Fotolia.com
