Prohibited Occupations for Non-Agricultural Employees
The
child labor rules that apply to non-agricultural employment depend
on the age of the young worker and the kind of job to be performed. 14
years old is the minimum age for non-agricultural employment covered by
the FLSA. In addition to restrictions on
hours, the Secretary of Labor has found that certain jobs are too
hazardous for anyone under 18 years of age to perform. There are
additional restrictions on where and in what jobs 14-and 15-year-olds
can work. These rules must be followed unless one of the FLSA's child
labor exemptions apply.
- A youth 18 years or older may
perform any job, whether hazardous or not.
- A youth 16 or 17 years old
may perform any non-hazardous job. (See the list of hazardous
occupations below.)
- A youth 14 and 15 years old
may not work in the manufacturing or mining
industries, or in any hazardous job. (See the list of hazardous
occupations below.) In addition, a 14- or 15-year-old may
not work in the following occupations:
The child labor rules also determine what types of jobs a youth may
or may not perform .
A 14- or 15-year-old may not work in:
- Hazardous jobs identified by the Secretary of
Labor;
- Manufacturing, processing, and mining
occupations;
- Communications or public utilities jobs;
- Construction or repair jobs;
- Operating or assisting in operating
power-driven machinery or hoisting apparatus other than typical
office machines.
- Work as a ride attendant or ride operator at
an amusement park or a “dispatcher” at the top of elevated water
slides;
- Driving motor vehicles or helping a driver;
- Youth peddling, sign waving, or door-to-door
sales;
- Poultry catching or cooping;
- Lifeguarding at a natural environment such as
a lake, river, ocean beach, quarry, pond (youth must be at least 15
years of age and properly certified to be a lifeguard at a
traditional swimming pool or water amusement park);
- Public messenger jobs;
- Transporting persons or property;
- Workrooms where products are manufactured,
mined or processed;
- Warehousing and storage.
- Boiler or engine room work, whether in or
about;
- Cooking, except with gas or electric grills
that do not involve cooking over an open flame and with deep fat
fryers that are equipped with and utilize devices that automatically
lower and raise the baskets in and out of the hot grease or oil;
- Baking;
- Operating, setting up, adjusting, cleaning,
oiling, or repairing power-driven food slicers, grinders, choppers
or cutters and bakery mixers;
- Freezers or meat coolers work, except minors
may occasionally enter a freezer for a short period of time to
retrieve items;
- Loading or unloading goods on or off trucks,
railcars or conveyors except in very limited circumstances.
- Meat processing and work in areas where meat
is processed;
- Maintenance or repair of a building or its
equipment;
- Outside window washing that involves working
from window sills;
- All work involving the use of ladders,
scaffolds, or similar equipment;
- Warehouse work, except office and clerical
work.
The jobs 14- and 15-year-old workers may legally perform are
limited to:
- Office and clerical work;
- Work of an intellectual or artistically
creative nature;
- Bagging and carrying out customer's orders;
- Cashiering, selling, modeling, art work,
advertising, window trimming, or comparative shopping;
- Pricing and tagging goods, assembling orders,
packing, or shelving;
- Clean-up work and grounds maintenance—the
young worker may use vacuums and floor waxers, but he or she may not
use power-driven mowers, cutters, and trimmers;
- Work as a lifeguard at a traditional swimming pool or
water amusement park if at least 15 years of age and properly certified;
- Kitchen and other work in preparing and
serving food and drinks, but only limited cooking duties and no
baking (see below);
- Cleaning fruits and vegetables;
- Cooking with gas or electric grills that do
not involve cooking over an open flame and with deep fat fryers that
are equipped with and utilize devices that automatically lower and
raise the baskets in and out of the hot grease or oil;
- Clean cooking equipment, including the
filtering, transporting and dispensing of oil and grease, but only
when the surfaces of the equipment and liquids do not exceed 100° F;
- Pumping gas, cleaning and hand washing and
polishing of cars and trucks (but the young worker may not repair
cars, use garage lifting rack, or work in pits);
- Wrapping, weighing, pricing, stocking any
goods as long as he or she doesn't work where meat is being prepared
and doesn't work in freezers or meat coolers;
- Delivery work by foot, bicycle, or public
transportation;
- Riding in the passenger compartment of a motor
vehicle except when a significant reason for the minor being a
passenger in the vehicle is for the purpose of performing work in
connection with the transporting—or assisting in the transporting
of—other persons or property;
- Loading and unloading onto and from motor
vehicles, the hand tools and personal equipment the youth will use
on the job site.
Hazardous Occupations
Eighteen is the minimum age for employment in non-agricultural
occupations declared hazardous by the Secretary of Labor. The rules
prohibiting working in hazardous occupations (HO) apply either on an
industry basis, or on an occupational basis no matter what industry the
job is in. Parents employing their own children are subject to these
same rules. General exemptions apply to all of these occupations, while
limited apprentice/student-learner exemptions apply to those occupations
marked with an *.
These rules prohibit work in, or
with the following:
|
HO 1. |
Manufacturing and storing of explosives. |
|
HO 2. |
Driving a motor vehicle and being an outside helper on a motor vehicle. |
|
HO 3. |
Coal mining. |
|
HO 4. |
Forest fire fighting and fire prevention, timber tract management, forestry services, logging, and saw mill occupations. |
* |
HO 5. |
Power-driven woodworking machines. |
|
HO 6. |
Exposure to radioactive substances. |
|
HO 7. |
Power-driven hoisting apparatus. |
* |
HO 8. |
Power-driven metal-forming, punching, and shearing machines. |
|
HO 9. |
Mining, other than coal mining. |
|
HO 10. |
Meat and poultry packing or processing (including the use of power-driven meat slicing machines). |
|
HO 11. |
Power-driven bakery machines. |
* |
HO 12. |
Balers, compactors, and paper-products machines. |
|
HO 13. |
Manufacturing brick, tile, and related products. |
* |
HO 14. |
Power-driven circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs. |
|
HO 15. |
Wrecking, demolition, and shipbreaking operations. |
* |
HO 16. |
Roofing operations and all work on or about a roof. |
* |
HO 17. |
Excavation operations. |
You can obtain more detail about any, or all of the above listings, by reviewing the child labor regulations.
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