North Carolina Workers’ Compensation Attorneys Review the Revised Child Labor Regulations

Earlier this week, a report from the U.S. Bureau of Labor Statistics indicated that employment for 16- to 24-year-olds increased by 1.7 percent from April to July.

July is usually the high point in youth employment, but this year it was at an all-time low. Almost 200,000 more youths were unemployed between April and July as compared to last year, but did not come close to the amount that were unemployed in 2008 and 2009. In those years, more than 1 million youths were out of work each year. The summer is when 16- to 24-year-olds actively start looking for jobs, usually for a summer job while school is out or college graduates starting their first real job. In July, this age group’s labor force ballooned by 2.4 million.
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Our North Carolina workers’ compensation lawyers in Charlotte and elsewhere would like to review the changes the U.S. Department of Labor made last July to the Child Labor Regulations.

Major changes to Child Labor Regulation Number 3 Title 29 CFR 570, Subpart C for 14 and 15-year-olds employed in non-agricultural jobs:

Reg. 3 at §§ 570.33 and 570.34 – Regulation modified to make clear what 14- and 15-year-olds may do according to what the Secretary of Labor allows. These sections were also reorganized and differences between food service, retail and gas station businesses were removed. Also, two sections were made separating permitted and not permitted tasks allowed.

Reg. 3 at §§ 570.33(f) and (k) and 570.34(k) – Explains under what circumstance youths can travel inside and outside of passenger vehicle. Youths are now permitted to load and unload from vehicles hand tools and other personal items brought to a job site.

Reg. 3 § 570.33(i) – Makes clear when youths can work inside meat freezers and coolers. They can only briefly enter a freezer to get items but they can’t enter any meat coolers.

Reg. 3 § 570.33(j) – Youths under 16 can not perform door-to-door sales and peddling. They also can’t be ‘sign wavers’ unless it is done right in front of the company’s business.

Reg. 3 § 570.33(l) – Youths can no longer participate in poultry cooping or catching.

Reg. 3 § 570.34(b) – Created a new occupation for work performed of a scholarly or imaginatively creative nature.

Reg. 3 § 570.34(l) – Allows properly certified and trained 15-year-olds to work as swimming instructors and lifeguards at pools and water parks. Includes in the regulation that youths under 16-years old can not work on water slides as a dispatcher or lifeguard at river, lake, beach, ocean, quarry or pier swimming facility.

Reg. 3 § 570.34(m) – Adds 14 and 15-year-olds can be employed at places of business which use power-driven equipment to process wood merchandise under certain conditions.

Reg. 3 § 570.35(a)(5) – Explains that Friday is included regarding the 3-hour work on a school day. Also defines that ‘school hours’ mean when the local public schools are in session

Reg. 3 § 570.35(b) – Makes employers use the same time period, 168 hours (24 hours x 7 days) for establishing compliance regarding child labor requirements as it does for determining employee overtime pay.

Reg. 3 § 570.37 – Forms a work-study program (WSP) for scholarly oriented youth. This program would permit youths to be employed during school hours, but with safeguards in place to make sure work didn’t interfere with their health or education.

Major changes to Hazardous Occupations 29 CFR Part 570, Subpart E for 16- and 17-year-olds employed in non-agricultural jobs:

HO 4 – Increased prohibitions to consist of most work in: forest fire fighting and prevention that is done along with putting out a real fire; forest economics and forest marketing; and timber territory management.

HO 7 – Youths are banned from riding on, tending, repairing, working from, servicing, or dismantling a crane, elevator, derrick, hoist, manlift, or high-lift truck. The rule expanded the definition of high-lift vehicles to include skid loader, backhoes, skid-steer loader, front-end loaders, stacking trucks and Bobcat loaders. It also expanded the definition of manlift to ban use of scissor lifts, boom-type mobile elevating work platforms, cherry pickers, bucket trucks and basket hoists.

HO 10 – Youths can’t work in a poultry slaughtering business or in businesses that make or process poultry or meat products. Youths under age 18 cannot clean any parts of power-driven meat processing machinery.

HO 11 – Permits youths to operate counter top mixers and under certain conditions operate pizza-dough rollers.

HO 12 – Youths are banned from operating and loading any type of compactors and balers including those not used or designed to process paper. They are permitted to load certain types of paper box and scrap paper balers and compactors.

HO 14 – Youths can not operate wood chippers, chain saws, reciprocating saws and abrasive cutting discs.

If you have a young family member or friend that has been injured at work, or has a workers’ compensation claim, contact the Lee Law Offices, P.A. for assistance regarding your case. Call 1-800-887-1965 for a free initial consultation to discuss your rights today.

Additional Resources:

Parental Communication about Work Dangers Can Reduce Teen Injuries at Work in Charlotte, North Carolina Workers’ Compensation Lawyers Blog, August 2, 2011

Young Workers at High Risk of Greensboro Work Injuries, North Carolina Workers’ Compensation Lawyers Blog, June 21, 2011

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