The Kids Are Alright: Department of Labor Issues New Child Labor Regulations

The Department of Labor has released new child labor regulations that were first proposed in 1999 regarding the types of cooking work children can perform as well as restrictions on roofing work and driving. The rules will go into effect on February 14, 2005.

New Rules Eliminate Outdated "In Plain View" Rule Regarding Teenage Cooking Duties
The prior child labor rules regarding restaurant work limited teenage workers performing cooking tasks to positions where they were "in plain view" of customers, such as in snack bars or soda fountain restaurants. The theory behind the old rule was that the tasks being performed by teenagers "in plain view" of customers could not be too dangerous.

The new rules eliminates the "in plain view" rule in recognition of the fact that the restaurant industry has replaced soda fountains and snack bar establishments where customers could witness teenagers performing cooking duties with a variety of fast food restaurants. The new rule now prohibits 14 and 15 year olds from performing any cooking duties except cooking with electric or gas grilles which do not involve cooking over an open flame, and using deep fry baskets with devices to automatically raise and lower the baskets into the hot oil or grease.

The new rules also prohibit 14 and 15 year olds from using rotisseries, broilers, pressurized equipment including fryolators, and cooking devices that operate at extremely high temperatures such as Neico broilers. In addition, the new rules also continue to ban those under 16 years of age from engaging in baking.

Despite the restrictions noted above, the new rules allow 14 and 15 year olds to clean, maintain and repair cooking devices, remove oil or grease filters, pour oil or grease through filters, and move receptacles containing hot grease or oil, but only when the equipment, surfaces of such devices, or the liquid does not exceed a temperature of 100° degrees Fahrenheit.

Congress enacted the Americans with Disabilities Act (ADA) to help ensure that individuals with physical and/or mental disabilities received equal employment opportunities. Learn who is qualified under the act provisions, how to use effective management techniques to avoid violations, and how other laws may affect application of this act.

Furthermore, the new rules specifically allows 14 and 15 year olds to operate non-hazardous machines such as dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, coffee grinders, automatic coffee machines, and food warming devices such as heat lamps, steam tables and microwave ovens that are used only to warm prepared food and do not have the capacity to warm above 140° degrees Fahrenheit.

New Teenage Employee Driving Restrictions
The new Department of Labor rules prohibit those less than 17 years of age from performing any on-the-job driving of automobiles and trucks on public roadways. The new rules allow those at least 17 years of age to drive on-the-job if:

they have a valid state driver's license;
they have completed a state-approved driver's education course;
they drive during daylight hours;
they have no record of moving violations at the time of hire;
the automobile or truck does not exceed 6,000 pounds gross vehicle weight;
the vehicle is equipped with a seat belt or similar restraining device for the driver and any passengers and the employer has instructed the employee that such belts or other devices must be used;
the driving takes place within a thirty (30) mile radius of the minor's place of employment;
the driving does not involve: the towing of vehicles, route deliveries or route sales; the transportation for hire of property, goods, or passengers; urgent, time-sensitive deliveries, or the transporting at any one time of more than three (3) passengers, including the employees of the employer; and
the driving performed by the minor does not involve more than two trips away from the primary place of employment in a single day for the purpose of delivering goods of the minor's employer to a customer (except for urgent, time sensitive deliveries which are completely banned).

The rules go on to define the term "urgent, time-sensitive deliveries" as "trips, which because of such factors as customer satisfaction, the rapid deterioration of the quality or change in temperature of the product, and/or economic incentives…which might impel the driver to hurry in the completion of the delivery." The rules cite the delivery of pizza and other prepared foods and the shuttling passengers to and from transportation depots to meet travel schedules as examples of urgent trips which 17 year olds cannot undertake.

While the new rules do not require employers to maintain any records, the Department of Labor suggested in the preamble of the new rules (published in the December 16, 2004 edition of the Federal Register) that employers may wish to obtain and maintain the following records at the time of hire to better protect themselves from unintentional violations:

a photocopy of the employee's driver's license;
an age certificate issued in accordance with child labor regulations;
photocopies of the employee's certificate of completion or diploma from a state approved driver education course; and
photocopies of correspondence from the employee's insurance company and/or state or local authorities that the minor has no records of moving violations.

Again, while not required, employers also may wish to maintain a driver's log which contains the following additional information to avoid non-compliance:

the name of the driver;
the starting and stopping times of each trip;
the number of miles driven;
the destination of each trip;
the purpose of each trip;
the vehicle driven; and
the number of passengers riding in the vehicle.

Again, given that the rule does not require an employer to maintain records, no employer will be penalized simply because they do not have the records suggested above.

All Minors Banned From Roofing Occupation Work
The new rules prohibit all those under 18 years of age from engaging in any and all roofing occupations, including any work performed "on or about a roof." The rule, however, does exempt apprentices and student learners from its restriction.

The phrase "on or about a roof" is not limited to circumstances where the minor is actually standing on a roof. Rather, the phrase extends to any work performed upon or in close proximity to a roof, such as carpentry, metal work, servicing heating, ventilation, and air conditioning equipment, the installation or servicing of television and communication equipment (i.e., cable or satellite dishes) or any work in which a minor is standing or working on a scaffold or ladder that is at or near a roof, working on the installation of roof trusses or joists to support the roof, or working from a hoisting device that takes him or her to or from a roof.

The Department of Labor's decision to use the broad phrase "on or about a roof" stems from a study by the National Institute for Occupational Safety and Health that showed that 18% of all work related injury deaths in the 1980's of 16 and 17 year olds were due to falls from heights or contact with electrical energy--both hazards associated with roofing occupations. As additional support for the broad "on or about a roof" phrase, the Department of Labor noted two recent incidents in which minors fell to their deaths while working on the installation of roofing trusses and a third incident in which a minor fell to his death while repairing an air conditioning unit. Under the former regulations, minors were allowed to work in these jobs because while they involved working on roofs, these tasks were not considered under the former regulations as involving roofing occupations.

* * * * *

Employers that employ minors should take the time to make sure that they are in compliance with the Department of Labor's new child labor rules before they go into effect on February 14, 2005.

Provided by: HRTutor.com and The Human Equation Email this article The Kids Are Alright: Department of Labor Issues New Child Labor Regulations By: James W. Jones
The Department of Labor has released new child labor regulations that were first proposed in 1999 regarding the types of cooking work children can perform as well as restrictions on roofing work and driving. The rules will go into effect on February 14, 2005. New Rules Eliminate Outdated "In Plain View" Rule Regarding Teenage Cooking Duties The prior child labor rules regarding restaurant work limited teenage workers performing cooking tasks to positions where they were "in plain view" of customers, such as in snack bars or soda fountain restaurants. The theory behind the old rule was that the tasks being performed by teenagers "in plain view" of customers could not be too dangerous. The new rules eliminates the "in plain view" rule in recognition of the fact that the restaurant industry has replaced soda fountains and snack bar establishments where customers could witness teenagers performing cooking duties with a variety of fast food restaurants. The new rule now prohibits 14 and 15 year olds from performing any cooking duties except cooking with electric or gas grilles which do not involve cooking over an open flame, and using deep fry baskets with devices to automatically raise and lower the baskets into the hot oil or grease. The new rules also prohibit 14 and 15 year olds from using rotisseries, broilers, pressurized equipment including fryolators, and cooking devices that operate at extremely high temperatures such as Neico broilers. In addition, the new rules also continue to ban those under 16 years of age from engaging in baking. Despite the restrictions noted above, the new rules allow 14 and 15 year olds to clean, maintain and repair cooking devices, remove oil or grease filters, pour oil or grease through filters, and move receptacles containing hot grease or oil, but only when the equipment, surfaces of such devices, or the liquid does not exceed a temperature of 100° degrees Fahrenheit. Congress enacted the Americans with Disabilities Act (ADA) to help ensure that individuals with physical and/or mental disabilities received equal employment opportunities. Learn who is qualified under the act provisions, how to use effective management techniques to avoid violations, and how other laws may affect application of this act. Furthermore, the new rules specifically allows 14 and 15 year olds to operate non-hazardous machines such as dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, coffee grinders, automatic coffee machines, and food warming devices such as heat lamps, steam tables and microwave ovens that are used only to warm prepared food and do not have the capacity to warm above 140° degrees Fahrenheit. New Teenage Employee Driving Restrictions The new Department of Labor rules prohibit those less than 17 years of age from performing any on-the-job driving of automobiles and trucks on public roadways. The new rules allow those at least 17 years of age to drive on-the-job if: they have a valid state driver's license; they have completed a state-approved driver's education course; they drive during daylight hours; they have no record of moving violations at the time of hire; the automobile or truck does not exceed 6,000 pounds gross vehicle weight; the vehicle is equipped with a seat belt or similar restraining device for the driver and any passengers and the employer has instructed the employee that such belts or other devices must be used; the driving takes place within a thirty (30) mile radius of the minor's place of employment; the driving does not involve: the towing of vehicles, route deliveries or route sales; the transportation for hire of property, goods, or passengers; urgent, time-sensitive deliveries, or the transporting at any one time of more than three (3) passengers, including the employees of the employer; and the driving performed by the minor does not involve more than two trips away from the primary place of employment in a single day for the purpose of delivering goods of the minor's employer to a customer (except for urgent, time sensitive deliveries which are completely banned). The rules go on to define the term "urgent, time-sensitive deliveries" as "trips, which because of such factors as customer satisfaction, the rapid deterioration of the quality or change in temperature of the product, and/or economic incentives…which might impel the driver to hurry in the completion of the delivery." The rules cite the delivery of pizza and other prepared foods and the shuttling passengers to and from transportation depots to meet travel schedules as examples of urgent trips which 17 year olds cannot undertake. While the new rules do not require employers to maintain any records, the Department of Labor suggested in the preamble of the new rules (published in the December 16, 2004 edition of the Federal Register) that employers may wish to obtain and maintain the following records at the time of hire to better protect themselves from unintentional violations: a photocopy of the employee's driver's license; an age certificate issued in accordance with child labor regulations; photocopies of the employee's certificate of completion or diploma from a state approved driver education course; and photocopies of correspondence from the employee's insurance company and/or state or local authorities that the minor has no records of moving violations. Again, while not required, employers also may wish to maintain a driver's log which contains the following additional information to avoid non-compliance: the name of the driver; the starting and stopping times of each trip; the number of miles driven; the destination of each trip; the purpose of each trip; the vehicle driven; and the number of passengers riding in the vehicle. Again, given that the rule does not require an employer to maintain records, no employer will be penalized simply because they do not have the records suggested above. All Minors Banned From Roofing Occupation Work The new rules prohibit all those under 18 years of age from engaging in any and all roofing occupations, including any work performed "on or about a roof." The rule, however, does exempt apprentices and student learners from its restriction. The phrase "on or about a roof" is not limited to circumstances where the minor is actually standing on a roof. Rather, the phrase extends to any work performed upon or in close proximity to a roof, such as carpentry, metal work, servicing heating, ventilation, and air conditioning equipment, the installation or servicing of television and communication equipment (i.e., cable or satellite dishes) or any work in which a minor is standing or working on a scaffold or ladder that is at or near a roof, working on the installation of roof trusses or joists to support the roof, or working from a hoisting device that takes him or her to or from a roof. The Department of Labor's decision to use the broad phrase "on or about a roof" stems from a study by the National Institute for Occupational Safety and Health that showed that 18% of all work related injury deaths in the 1980's of 16 and 17 year olds were due to falls from heights or contact with electrical energy--both hazards associated with roofing occupations. As additional support for the broad "on or about a roof" phrase, the Department of Labor noted two recent incidents in which minors fell to their deaths while working on the installation of roofing trusses and a third incident in which a minor fell to his death while repairing an air conditioning unit. Under the former regulations, minors were allowed to work in these jobs because while they involved working on roofs, these tasks were not considered under the former regulations as involving roofing occupations. * * * * * Employers that employ minors should take the time to make sure that they are in compliance with the Department of Labor's new child labor rules before they go into effect on February 14, 2005.
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