under age workers

HumanResources11 · May 2003

I have a employee who wants me to hire his 16 year old son for work this summer. The company that we work for is a manufacturing plant, we have different type of machinery. Roll Mill Machine's, Rivetor, box strapper,and also forklifts. The 16 year old would be working in our shipping department, sorting box, so that weigh up to 50 lbs, and also be operating the box strapper.
I didn't think that we could hire anyone under the age of 16 because we had machinery onsite, even if he was not working on the machine.

I am correct on this or is just certain machinery okay?

Thanks,

Don D · May 2003

My assessment is that this would be a Child Labor Law violation. You might be ok hiring him for a cleanup job outside the plant environment, not using or riding on any equipment or being around any machinery. Especially towmotors, operating or riding on them. If the strapping machine is electronic, it would probably be a violation. Call your wage-hour number in the yellow pages, Federal, and ask for their Child Labor Law publication. It will clearly show you the work areas and tasks that are violations for particular ages.

lorrie · May 2003

The DOL has a nice website. Perhaps you can find information specific to your situation there.

[url]http://www.dol.gov/esa/regs/compliance/whd/whdfs43.htm[/url]

Whatever · May 2003

[font size="1" color="#FF0000"]LAST EDITED ON 05-12-03 AT 01:26PM (CST)[/font][p]I'm not too sure what the law is. However, as a matter of common sense, I would never allow a sixteen year old to work in a manufacturing plant (with the exception of the office). NY State Law, where one of plants is, includes in it's definition working in a hazardous occupation (not too sure what that means). I have conservatively interpreted this to mean a manufacturing facility.

As a second issue. Do you normally hire the children of employees to work for the summer? If you haven't in the past, do you want to open up this can of worms?

AnneHa · May 2003

Remember to check your state regulations on this. Ohio has few regulations dealing with employment issues, but minor labor is one of them. The regulation spells out exactly what type of occupations/workplaces are restricted for minors.

Anne in Ohio

WOCO Frank · May 2003

In most states, child labor laws cease to apply once the employee reaches 16.

In this case, you might be very careful to make sure he stays off the forklift, though. I believe that's an OSHA citation waiting to happen.

Caroliso · May 2003

This example reminds me of a question I have as I am considering putting together a policy at my company.

Normally one doesn't ask age in an interview, and our internship wouldn't have an age restriction except where the Mass. state laws dictate Do I need to hand the applicant information about what documentation they need to obtain at various ages (the requirements are different for 14-15 year-olds than for 16-17 year-olds), or can i ask them their age at the outset and then tell them what they need to do based on t heir age?

Carol

John Barr VA · May 2003

Make sure to check both state and federal regs. Federal law applies until the kids are 18 and it lists (as someone noted) a whole host of hazardous occupations that kids may not work in. The list is more extensive for those under 16 but even 16-17 year olds can't work around most machinery. You should also be aware that there can be hours limitations on minor workers and doucmentation that you'll need to maintain.

WOCO Frank · May 2003

Here's a joke that can apply to the situation, and maybe clarify why it's probably not a good idea to hire this kid...

________________________________________________________________________

A couple goes on vacation to a fishing resort in northern Minnesota. The husband likes to fish at the crack of dawn. The wife likes to read.

One morning the husband returns after several hours of fishing and decides to take a nap. Although not familiar with the lake, the wife decides to take the boat out. She motors out a short distance, anchors, and continues to read her book.

Along comes a game warden in his boat. He pulls up alongside the woman and says, "Good morning Ma'am. What are you doing?"

"Reading a book," she replies, (thinking "isn't that obvious?")

"You're in a restricted fishing area," he informs her.

"I'm sorry officer, but I'm not fishing, I'm reading."

"Yes, but you have all the equipment. I'll have to take you in and write you up."

"If you do that, I'll have to charge you with sexual assault," says the
woman.

"But I haven't even touched you," says the game warden.

"That's true, but you have all the equipment."

________________________________________________________________________

Your plant has all the equipment... if he's in the plant, regardless of duties, you're probably asking for trouble.

under age workers

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