Protecting Youth at Work Health, Safety, and Development of Working Children and Adolescents in the United States (1998) / Chapter Skim
Currently Skimming:
6 Laws, Regulations, and Training
6 Laws, Regulations, and Training
Pages 162-211
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 162... ...
Businesses not subject to federal regulation may be covered under state laws, which often differ from each other and from federal laws. The principal federal law that addresses the protection of children at work is the Fair Labor Standards Act (FESA)
|
From page 163... ...
LAWS AND REGULATIONS PERTAINING TO CHILD LABOR Fair Labor Standards Act The Fair Labor Standards Act of 1938, as amended (29 U.S.C. Chapter 8 5201 et seq.)
|
From page 164... ...
Those who are 12 or 13 may perform any nonhazardous farm job outside of school hours, either with their parents' consent or on the same farm as their parents. A 1977 amendment to the FESA allows the Department of Labor to grant special waivers for the employment of children aged 10 and I!
|
From page 165... ...
Most of the specific requirements regarding permissible hours of work for nonagricultural jobs do not apply to agricultural work. The exception is work during school hours.
|
From page 166... ...
In 1990, 93 percent of 16-year-olds and 88 percent of 17-year-olds were in school.2 It has been suggested that some 16- and 17-year-old students might drop out of school if their work hours are limited. Although this committee did not thoroughly review the literature on dropping out of school, it appears that multiple factors, many of which precede entry into the work force, may lead youngsters to drop out of school (Steinberg, 1996~.
|
From page 167... ...
However, the experience in Washington state suggests that this may not necessarily be the case for young people. In 1992, Washington state changed its child labor laws to impose a 20-hour per week, 4-hour per day limitation on 16- and 17-year-ofUs during the school year.
|
From page 168... ...
At the same time, youngsters in today's workplaces encounter hazards that did not exist, were not recognized, or were not performed by minors when the standards were written. For example, the orders do not address a range of wellrecognized occupational health hazards, such as exposures to regulated carcinogens and reproductive toxins, or musculoskeletal risks that may pose different, and possibly higher, risks to young workers (see Chapter 3 for a discussion of the susceptibility of children and adolescents)
|
From page 169... ...
NIOSH, based on research on jobs that pose hazards to children and adolescents, made a number of recommendations about needed changes in the hazardous orders in its comments to advanced notice of proposed rulemaking (National Institute for Occupational Safety and Health, 1994~. As of September 1998, the proposed rule had yet to be issued.
|
From page 171... ...
to perform anywhere else. The current safety-based orders have not been updated to reflect new and emerging technologies, work practices, and actual exposures to health and safety hazards in agricultural workplaces where youngsters are employed.
|
From page 172... ...
Furthermore, the permit systems have not been evaluated to determine whether the issuance of work permits successfully limits youngsters to workplaces that are age-appropriate and free of prohibited employment risks. The Fair Labor Standards Act specifically allows states to establish additional requirements for the issuance of work permits.
|
From page 173... ...
. Occupational Safety and Health Administration Rules The Occupational Safety and Health Act (29 U.S.C.
|
From page 174... ...
and specific standards for regulated carcinogens, reproductive toxins, neurotoxins, endocrine disrupters, and biohazards, as well as more generic standards for informing workers about hazards, personal protective equipment, access to medical and exposure records, and whistle-blower protection. Thus, agricultural workers may be exposed to the same hazards as nonagricultural workers but enjoy none of the protection of the Occupational Health and Safety Act.
|
From page 175... ...
~. This approach markedly differs from that of the Occupational Safety and Health Act, which has no cost-benefit requirement in setting standards to protect the health and safety of nonagricultural workers.
|
From page 176... ...
Executive Order on the Protection of Children Identifying the need for special attention to environmental health and safety risks to children, President Clinton in 1997 issued Executive Order 13045 to protect children from environmental health and safety risks. The order calls on each federal agency to: · make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children and · ensure that its policies, programs, activities, and standards address disproportionate risks to children that result from environmental health risks or safety risks.
|
From page 177... ...
Following the issuance of the Executive Order, EPA and the Department of Health and Human Services announced plans to jointly establish research centers on environmental threats to children's health, and EPA also established an Office of Children's Health Protection to direct this regulatory and research effort. However, this important initiative may not necessarily address the health and safety risks associated with child labor unless children are defined to include adolescents.
|
From page 178... ...
The system may well underserve this population because benefits are related to the loss of income rather than the loss of schooling and because children and adolescents underuse the system. In addition, many state workers' compensation laws limit the legal remedies available for the occupational injury or death of anyone under the age of 18 (National Institute for Occupational Safety and Health, 1997~.
|
From page 179... ...
In addition, young workers have a longer time over which to suffer from disabilities or illnesses that result from early work-related incidents. A few states do provide double indemnity compensation for young workers who are injured while child labor laws were being violated.
|
From page 180... ...
In fiscal 1996, the Department of Labor found 7,873 young people working in 1,820 establishments in violation of child labor laws and regulations; in fiscal 1997, there were 5,270 young people working in i,141 establishments in violation of child labor laws and regulations.9 The number of violations varies a great deal by year, depending on the industries that are targeted for investigation. For example, in the late 1980s, the department targeted retail and fastfood establishments, industries that employ large numbers of adoles 8Information on the inspection process at the Wage and Hour Division is based on discussions with Art Kerschner, Jr., and William Fern of the Wage and Hour Division, U.S.
|
From page 181... ...
The number of compliance officers or inspectors at the state level is also limited. Only three states reported having more than 50 compliance officers responsible for enforcing all adult and child labor laws (National Consumers League, 1993~.
|
From page 182... ...
The agency delegates enforcement to state agencies with approved occupational safety and health programs, which must be at least as effective as the federal OSHA standards. As of August 1997, 23 states had such plans.~2 Exacerbating the problem of limited resources for enforcing child labor laws and regulations is the equally limited authority of each of the relevant agencies to cite employers for violations that are not within their jurisdiction.
|
From page 183... ...
Effectiveness of Regulation One of the principal means for achieving occupational safety and health goals is government regulation of employers (Weeks, 1991~. To what extent and under what circumstances do laws and regulations improve the health and safety of workers in general and children and adolescents in particular?
|
From page 184... ...
Enforcement of child labor laws under FESA appears to suffer from too few inspectors to visit work sites, but there have not been any evaluations of the effectiveness of the FESA rules with respect to how well they protect working youth. TRAINING AND OTHER EFFORTS TO EDUCATE YOUNG WORKERS Government enforcement of child labor laws and regulations is important, but it is insufficient to ensure that the work performed by children and adolescents is safe and nonexploitative.
|
From page 185... ...
Educational efforts about child labor laws and age-appropriate tasks also target employers. Other efforts, notably school-to-work programs, focus on making adolescents' work experiences useful, meaningful, and integrated with their school work.
|
From page 186... ...
The U.S. Department of Labor created a web site in 1997 to provide information to adolescents about such topics as safety on the job, child labor laws, and the minimum waged State agencies also produce flyers and posters aimed at publicizing child labor laws and tips for being safe on the job.
|
From page 187... ...
School-to-work differs significantly from conventional vocational education, though it incorporates some of its features. Although many secondary vocational education programs provide a direct route into productive careers, teaching occupational skills that enable graduates to perform related work, the benefits are confined to a relatively small proportion of graduates who take a coherent sequence of vocational courses and then find related employment after graduation.
|
From page 188... ...
Cooperative education is one well-established practice in vocational education, and it is identified as a type of work-based learning in the Schoof-to-Work Opportunities Act. Like youth apprenticeship, it uses work experience to teach employment-related knowIedge and skills in connection with relevant school classes.
|
From page 189... ...
(For examples, see the National Schoof-to-Work Office Web site: www.stw.ed.gov.) The Schoof-to-Work Opportunities Act, which is overseen jointly by the Departments of Education and Labor, pays only minimal attention to child labor laws and health and safety standards in the program's training components and in the requirements for states' programs.
|
From page 190... ...
Employers' outreach activities include workshops for city job program staff, a mentor training program developed for employers participating in the school-to-work program, and a joint labor-management occupational safety and health training program for restaurants. Initial evaluations of the Los Angeles program have shown changes in students' knowledge and attitudes about health and safety (Baker, 1997~.
|
From page 191... ...
Although education is a key part of preventing workplace injuries and illnesses, it cannot solve the problem alone. A comprehensive prevention strategy will require education, engineering modifications, and the rigorous enforcement of both child labor laws and health and safety laws.
|
From page 192... ...
92 PROTECTING YOUTH AT WORK to information and advice about specific concerns (e.g., how to respond to a boss who assigns illegal hours)
|
From page 194... ...
to 6 am California 3 8 18 40 6 6 7 pm (9 pm June 1 thru Labor Day) to 7 am Colorado 6 8 40 40 9:30 pm to 5 am before school day
|
From page 195... ...
LAWS, REGULATIONS, AND TRAINING 195 16 and 17 Years Old Maximum Hours/Day Maximum Hours/Week Non- Non School School School School Day Day Week Week Maximum Days/Week Non School School Prohibited Week Week Work Hours 10 pm before school days to 5 am, if enrolled in school 6 6 10 10 54 54 6 6 4 8 28C 48 6 6 8 8 40 40 11 pm before school day to 6 am 10 pm (12:30 am before non-school day) to 5 am Table continues on next page
|
From page 196... ...
to 6 am Delaware 4c 8 18C 40 6 6 7 pm (9 pm June 1 thru Labor Day) to 7 am Florida Be 8 15 40 6 6 Georgia 4 8 40 40 7 pm before school day (9 pm during holidays and summer vacations)
|
From page 197... ...
to 6 am in restaurants or as ushers in nonprofit theater l2b 12 8 30 6 8 hrs of non-work, non-school time required in each 24-hour day 11 pm to 6:30 am before school day Table continues on next page
|
From page 198... ...
to 7 am 10 pm before school day to 7 am Kentucky 3 8 18 40 7 pm (9 pm June 1 through Labor Day) to 7 am Louisiana 3 8 18 40 6 6 7 pm (9 pm June 1 through Labor Day)
|
From page 199... ...
LAWS, REGULATIONS, AND TRAINING 199 16 and 17 Years Old Maximum Maximum Maximum Hours/Day Hours/Week Days/Week Non- Non School School School School Day Day Week Week Non School School Prohibited Week Week Work Hours 8g 9 ~40g 48 ~6g 6g fig,' 40g 6 10 pm (midnight before non-school day with written parental permission) to 6 am for minors of 16 enrolled in school; 1 1:3 0 pm to 6 am before school day for minors of 17 enrolled in grades 9 through 12 11:30 pm (1 am on Friday and Saturday)
|
From page 200... ...
to 7 am Maryland 4c 8 23C 40 8 pm (9 pm Memorial Day through Labor Day) to 7 am Massachu- 8 8 48 48 6 6 7 pm (9 pm setts' July 1 through Labor Day)
|
From page 201... ...
to 6 am 10:30 pm to 6 am, if attending school; 11:30 pm to 6 am if not attending school 11 pm to 5 am before school day (11:30 pm to 4:30 am with written parental permission) Table continues on next page
|
From page 202... ...
to 7 am Nebraska 8 8 48 48 Nevada 8 8 New Hampshire 8 pm to 6 am (under 14~; 10 pm to 6 am, for 14- and 1 5-year-olds 48 48 3g 8g 23g 48g 9 pm to 7am New Jersey 3 8° 18 40 6 6 7 pm (9 pm during summer vacation with parental permission) to 7 am New 8 8 44 44 MexicoP New York 3 8 18n 40 6 6 9 pm to 7am 7 pm (9 pm June 21 through Labor Day)
|
From page 203... ...
variations 4g~q 8 28g 48 6 6 10 pm (midnight before school day with written permission from both parent and school) to 6 am while school in session; midnight to 6 am while school .
|
From page 204... ...
to 7 am; 7 pm to 7 am in door-to-door sales 18 40 7 pm (9 pm June 1 through Labor Day) to 7 am; 9 pm before nonschool days if employer not covered by FLSA
|
From page 205... ...
. , permission from parents and school 8 8 48 48 6 6 11 pm before school day to 7 am (6 am if not employed after 8 pm previous night)
|
From page 206... ...
to 6 am 7 pm (9 pm June I through Labor Day) to 7 am After 10 pm before school day Tennessee 3 8 18 40 7 pm to 7 am (9 pm to 6 am before non school days)
|
From page 207... ...
to 6 am, if regularly attending school 10 pm to 6 am (Sunday-Thursday before school days) (midnight with parental .
|
From page 208... ...
to 5 am 9:30 pm to 5 am before school day Vermont 8 8 48 48 6 6 7 pm to 6 am Virginia 3 8 18 40 7 pm (9 pm, June 1 through Labor Day) to 7 am Washington 3t 8 18 40 6 6 7 pm (9 pm Friday and Saturday when school .
|
From page 209... ...
LAWS, REGULATIONS, AND TRAINING 209 16 and 17 Years Old Maximum Maximum Maximum Hours/Day Hours/Week Days/Week Non- Non School School School School Day Day Week Week Non School School Prohibited Week Week Work Hours 9 9 50 50 4t, ~8 20~ 48 6 6 10 pm SundayThursday (midnight Friday and Saturday and when school is not in session) to 7 am (5 am when school is not in session)
|
From page 210... ...
eFlorida: For under 16, maximum hours 3 when followed by a school day, except if enrolled in vocational program. fIllinois: Eight hours are permitted on both Saturday and Sunday if minor does not work outside school hours more than 6 consecutive days in a week and total hours worked outside school does not exceed 24.
|
From page 211... ...
mIn factory, mill, cannery or workshop. nStudents of 14 and 15 enrolled in approved work experience and career exploration programs may work during school hours up to 3 hours on a school day and 23 hours in a school week.
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.