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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
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6
Laws, Regulations, and Training

The hours of work and types of jobs that children and adolescents may perform are regulated at both the state and federal levels by a variety of agencies. In general, businesses involved in interstate commerce are subject to federal laws. 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 (FLSA). This act allows for the regulation of the hours and types of work performed by individuals under the age of 16 so that their employment ''is confined to periods which will not interfere with their schooling and to conditions which will not interfere with their health and well-being" (29 U.S.C. §203 (1)). The FLSA does not authorize the regulation of the hours worked by 16-and 17-year-olds, but it does permit the Secretary of Labor to specify certain jobs as hazardous and prohibit 16-and 17-year-olds from working in those jobs. Not all working children are covered by the federal child labor provisions. The FLSA applies only to businesses that are engaged in interstate commerce and have annual gross income in excess of $500,000. According to the Department of Labor, 6.5 million work-places with 110 million employees are subject to FLSA; there are no data on how many of these employees are children or adolescents.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

At the state level, child labor regulations and levels of protection vary widely. Children are protected differently depending on whether they work in agricultural or nonagricultural jobs, in the public or private sector, and in small or big businesses. The laws and rules of most states provide less protection for children than do the federal laws and rules, although a few states provide more protection.

Whether child labor laws are applicable to children and adolescents working in certain new federal programs is unclear. The School-to-Work Opportunities Act, for example, requires only that students receive broad instruction, to the extent practicable during the work-based component of the program, on all aspects of the industry in which they are working (20 U.S.C. §6113 (a)(5)); there is no specific requirement that the school-based portion of the curriculum address health and safety issues, including training in on-the-job hazards.

Although not specifically aimed at children, other laws and programs are also relevant for children and adolescents who work. Most important among these is the Occupational Safety and Health Act, passed in 1970, which addresses the safety and health of all workers. Some aspects of the Federal Insecticide, Fungicide, and Rodenticide Act are relevant to children's and adolescents' exposure to pesticides. Workers' compensation laws also affect youngsters' work experiences and protection.

This chapter first reviews the laws and regulations that apply to children and adolescents in the workplace and discusses issues related to the enforcement and effectiveness of the laws and regulations. The chapter then discusses health and safety training efforts.

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 §201 et seq.), provides for the health and welfare of working people and authorizes the U.S. Department of Labor to establish special rules for the protection of children. These rules, issued by the Employment Standards Administration, set limits on the hours and times that children under the age of 16 may work; describe—in documents called hazardous orders—specific work that

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

cannot be performed by children under the age of 18 in nonagricultural jobs and under the age of 16 in agricultural jobs; and establish minimum ages for various types of work. The act prohibits "oppressive child labor in commerce," which it defines as work that may be detrimental to children's health or well-being. Another stated purpose is to ensure that the employment of 14-and 15-year-olds does not interfere with their schooling. In general, these standards represent an all-or-nothing approach; regulations prohibit some types of employment for children but ignore the conditions of work for youngsters in permissible jobs.

By statute, different employment standards apply to children employed in nonagricultural work and those engaged in agricultural work (29 U.S.C. §213 (c); see also, 29 C.F.R. 570 (C)(3)). Hours of work and hazardous orders, even for the same hazard, vary significantly under each set of standards.

Few standards in the FLSA apply to all children and adolescents at work. Although the basic minimum age for employment is 14 in nonagricultural occupations (except for those declared hazardous by the Secretary of Labor), there are various exemptions. Minors younger than 14 may work for their parents (except in mining, manufacturing, or the jobs declared hazardous by the Secretary of Labor). They may also be employed in movie, radio, or theatrical businesses and to deliver newspapers.

Children working in agriculture are covered under different, less protective standards than are those working in other industries. Children of any age can be employed in any job on a farm owned or operated by their parents. 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 FLSA allows the Department of Labor to grant special waivers for the employment of children aged 10 and 11 to hand-harvest certain seasonal crops outside of school hours, although no such waivers have been granted by the department since 1986.1

1  

As a result of a 1980 decision by the U.S. Court of Appeals for the District of Columbia (National Association of Farmworker Organizations et at., v. Marshall, 202 U.S. App. DC 317; 628 F.2d 604), the department has been enjoined from issuing these special waivers if any pesticides have been used on the crops to be harvested.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
Hours and Times of Work

The standards that apply to agricultural and nonagricultural work differ significantly with respect to the hours of work allowable for children and adolescents. For nonagricultural jobs, the FLSA limits the number of hours and the times of day at which work can begin and end for those under the age of 16; youth over the age of 16 are allowed to work unlimited numbers of hours. 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. No one under the age of 16 may work during school hours except on a farm owned and operated by the child's parents. As noted above, children working on their parents' farms are completely exempted from coverage under the FLSA: Regardless of age, they may perform any job—whether hazardous or not—with no time restrictions. The general standards for permissible hours of work and starting and stopping times in nonagricultural work are shown in Box 6-1. The permissible age for work, jobs, hours, and start and stop times in agricultural jobs are shown in Box 6-2.

Despite federal rules, much is left to the states, which can and often do adopt less stringent standards, particularly regarding hours of work. For example, a number of states allow 14-and 15-year-olds to work more than 40 hours per week while school is in session (National Consumers League, 1992). In the absence of federal regulations limiting the maximum hours of work for 16-and 17-year-olds, some states have adopted their own varying standards, while many states follow the federal lead and have no standards for the hours 16-and 17-year-olds are allowed to work. A few states, such as Washington and New York, have adopted child labor standards that are more stringent than federal protections. For example, New York uses the federal standards for 14-and 15-year-olds, but it also imposes slightly less restrictive hour and time of work limitations on 16-and 17-year-olds. Washington's child labor law is stricter than the federal standard for all adolescents, limiting 14-and 15-year-olds to 16 hours of work per week and 16-and 17-year-olds to 20 hours of work per week while school is in session. State laws are summarized in Table 6-1 (at the end of this chapter). When both federal and state laws are applicable, the FLSA requires that the more stringent law be followed.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

BOX 6-1Fair Labor Standards Act Restrictions on Hours Worked in Nonagricultural Jobs

  • Individuals aged 18 or older may perform any job, whether hazardous or not, for unlimited hours, in accordance with minimum wage and overtime requirements.

  • Children aged 16 or 17 may perform any nonhazardous job for unlimited hours.

  • Children aged 14 or 15 may work outside school hours in various nonmanufacturing, nonmining, nonhazardous jobs up to:

  • 3 hours on a school day;

  • 18 hours in a school week;

  • 8 hours on a nonschool day; and

  • 40 hours in a nonschool week.

  • Children aged 14 or 15 may work only between the hours of 7 a.m. and 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m.

Federal law does not authorize the Department of Labor to regulate the maximum permissible hours for 16-and 17-year-olds, largely for historical reasons: The FLSA was passed in 1938, when many 16-and 17-year-olds were working full-time and not attending school (Greenberger and Steinberg, 1986; Kett, 1977). Now, the vast majority of adolescents are still in school. 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). Young people who drop out of school do not necessarily enter the work force: Based on 1990 census data, 73

2  

School enrollment figures are from an analysis of 1990 census data performed by National Research Council staff.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

BOX 6-2 Fair Labor Standards Act Rules for Hours Worked in Agricultural Jobs

  • Children aged 16 and older may perform any job, hazardous or not, for unlimited hours.

  • Children aged 14 or 15 may perform any nonhazardous farm job outside of school hours.

  • Children aged 12 or 13 may work outside school hours in nonhazardous jobs, either with parents' consent or on the same farm as parents.

  • Children under the age of 12 may perform nonhazardous jobs outside of school hours with their parents' consent on farms not covered by minimum-wage requirements.

  • Children aged 10 or 11 may be employed to hand-harvest short-season crops outside of school hours, under special waivers. [Note: A court injunction currently blocks the issuing of these waivers if any pesticides have been used on the crops.]

  • Minors of any age may be employed by their parents at any time in any job on a farm owned or operated by their parents.

percent of 16-year-olds and 65 percent of 17-year-olds who are not in school are not working, either.3

It has also been suggested that limiting the hours of work may make it more difficult for teens to find jobs. Often, when employment of a particular group is made more difficult or more costly for employers, the employment level of that group declines. 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-olds during the school year. The Washington state law also prohibits 16-and 17-year-olds from working past 10:00 p.m. on a night preceding a schoolday. A 1994 study by the Washington state Department of Labor and Industries (Department of Labor and Industries, 1994) found no decrease in the number of jobs available to minors following the new law. Only 15 percent of employers reported negative effects from the change.

3  

Committee analysis of 1990 census data.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
Hazardous Occupation Orders

The FLSA allows the Secretary of Labor to designate, by means of documents called hazardous occupation orders (usually referred to as hazardous orders), specific agricultural and nonagricultural employment as hazardous or particularly detrimental to minors' health or well-being. Anyone under the age of 18 is prohibited from working in nonagricultural industries and occupations named in a hazardous order; in agriculture, hazardous orders apply to youth under the age of 16.

There are currently 17 federal hazardous orders for nonagricultural occupations and 11 for agriculture (29 C.F.R. 570 (E)). These orders are predominantly related to physical hazards, such as using power tools, operating power-driven machinery, engaging in mining, working with explosives, and driving vehicles with passengers; see Boxes 6-3 and 6-4.

The hazardous orders were issued decades ago and have rarely been updated to reflect contemporary work. Some of the restrictions have become irrelevant. 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 well-recognized 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). Few states regulate young people's exposure to bio-hazards, carcinogens, reproductive toxins, toxic sensitizers, and substances that cause irreversible damage to certain organs. (See Washington state law for an example of a state that does regulate these exposures; WAC 296-125-030.)

The process for updating the federal hazardous orders has been controlled, since 1993, by the Administrative Procedures Act (5 U.S.C. §553). This act requires that a notice of proposed rule-making be published in the Federal Register; that interested persons be given the opportunity to submit written data, views, or arguments; and that, after consideration of relevant matters, the final rule be published at least 30 days before its effective date. In 1994 the Department of Labor issued an advance notice of proposed rule-making on child labor regulations, orders, and statements of inter-

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

BOX 6-3Nonagricultural Jobs Prohibited by Hazardous Orders

Seventeen hazardous nonfarm jobs, as determined by the Secretary of Labor, are prohibited for youngsters under the age of 18. Generally, they may not work at jobs that involve:

  1. manufacturing or storing explosives

  2. driving a motor vehicle and being an outside helper on a motor vehicle

  3. coal mining

  4. logging and sawmilling

  5. power-driven wood-working machines*

  6. exposure to radioactive substances and to ionizing radiation

  7. power-driven hoisting apparatus

  8. power-driven metal-forming, punching, and shearing machines*

  9. mining, other than coal mining

  10. slaughtering, or meat packing, processing, or rendering (including power-driven meat slicing machines)*

  11. power-driven bakery machines

  12. power-driven paper-products machines*

  13. manufacturing brick, tile, and related products

  14. power-driven circular saws, band saws, and guillotine shears*

  15. wrecking, demolition, and ship-breaking operations

  16. roofing operations*

  17. excavation operations*

*  

Limited exemptions are provided for apprentices and student-learners under specified standards.

SOURCE: U.S. Department of Labor (1990:3).

pretation (59 Fed. Reg. 25167 [1994]) and sought the views of the public on any changes it considered necessary in child labor regulations. 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.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

BOX 6-4Agricultural Jobs Prohibited by Hazardous Orders

Eleven hazardous farm jobs, as determined by the Secretary of Labor, are out of bounds for teens below the age of 16. Children and adolescents working for their parents are exempt from these prohibitions. Generally, those under age 16 may not work at jobs that involve:

  1. Operating a tractor of over 20 power-take-off horsepower, or connecting or disconnecting an implement or any of its parts to or from such a tractor*

  2. Operating or assisting to operate any of the following machines: corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, mobile pea viner, feed grinder, crop dryer, forage blower, auger conveyor, unloading mechanism of a nongravity-type self-unloading wagon or trailer, power post-hole digger, power post driver, or nonwalking type rotary tiler*

  3. Operating or assisting to operate any of the following machines: trencher or earth moving equipment, fork lift, potato combine, or power-driven circular, band, or chain saw*

  4. Working on a farm in a yard, pen, or stall occupied by bull, boar, or stud horse maintained for breeding purposes; sow with suckling pigs, or cow with newborn calf (with umbilical cord present)*

  5. Felling, bucking, skidding, loading, or unloading timber with butt diameter of more than 6 inches*

  6. Working from a ladder or scaffold at a height of over 20 feet*

  7. Driving a bus, truck, or car while transporting passengers, or riding as a passenger or helper on a tractor

  8. Working inside the following: a fruit, forage, or grain storage unit designed to retain an oxygen deficient or toxic atmosphere; an upright silo within 2 weeks after silage has been added or when a top loading device is in operating position; a manure pit; or a horizontal silo while operating a tractor for packing purposes

  9. Handling or applying pesticides and other agricultural chemicals classified as Category I or II of toxicity by FIFRA

  10. Handling or using a blasting agent, including but not limited to, dynamite, black powder, sensitized ammonium nitrate, blasting caps, and primer cords

  11. Transporting, transferring, or applying anhydrous ammonia

*  

Limited exemptions are provided for student learners Limited exemptions are provided for participants in 4-H training program or vocational agricultural training program

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

Hazardous orders can also be changed by legislation. For example, Hazardous Order No. 12 was eased in 1996 by Public Law 104-174 to allow youngsters aged 16 or older to load certain scrap-paper balers and paper-box compactors, although they still are not allowed to operate or unload them. Legislative (or administrative changes) may not necessarily take into account current knowledge about hazards for adolescents. For example, despite evidence that one of the most common causes of death for children and adolescents in occupational settings is motor-vehicle incidents (Castillo et al., 1994), a bill was introduced in the 105th Congress to relax the current restrictions on the use of motor-vehicles by young workers. This bill (H.R. 2327) would substantially revise Hazardous Order No. 2, which prohibits all occupational driving by individuals under the age of 18 except on "an occasional and incidental basis" and would allow youths between the ages of 16 and 18 to drive as many as 50 miles from their places of employment so long as the time spent driving did not exceed one-third of the workday or 20 percent of the work week.

There are hazardous orders for specific types of work, but there is none that address the need to protect youths in generic ways. Youngsters working with hazardous materials or equipment may be at risk without supervision. The potential for violent assault in jobs that involve the exchange of money is another hazard that face today's young workers. There are many tragic examples of assaults on adolescents, particularly in retail and fast-food establishments. Although some states attempt to regulate this problem by limiting the late hours youths may work, assaults and hold-ups happen throughout the day.

In addition to these general problems, the hazardous orders for children in agriculture raise further concerns. Despite the fact that agriculture is among the most dangerous occupations in the United States, 16-year-olds are permitted to engage in work on farms that they would have to be 18-years-old 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. The risks are even greater for children who work on farms owned or operated by their parents because no child labor provisions apply to such children, although hazardous orders do apply to nonagricultural family-owned and-operated businesses.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
Work Permits

Regulations promulgated under the FLSA encourage employers to obtain federal or state certificates of age from minors to protect the employers ''from unwitting violation of the minimum age standards" (29 C.F.R. 570.5) These certificates must include, at a minimum, the names and addresses of the minors and their parents or guardians; places and dates of birth of the minors (including the evidence on which this information was based); the minors' sex; the names, addresses, and industries of the employers; and the occupations of the minors. Forty-one states and the District of Columbia issue certificates, often called work permits, that meet the requirements of the Department of Labor (29 C.F.R. 570.9-570.10).

The requirements and contents of the work permits vary considerably among states. Generally, schools issue the permits to students, rather than to employers. The vast majority of state and local education authorities have not provided the local issuers with training about child labor or health and safety laws, nor have they used the data that could be gathered when issuing permits for intervention, enforcement, training, or educational purposes (Beyer, 1997). 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. For example, six states (Alabama, California, Massachusetts, Nebraska, Oklahoma, and Washington) require youngsters to be regularly attending school if state law so requires before work permits will be issued; two states (New Hampshire and North Dakota) require students to have satisfactory academic levels before they can receive certificates; and six states (Alabama, Indiana, Maine, Michigan, New Hampshire, and New York) allow schools to revoke permits if the schools find that the youngsters' school work has become unsatisfactory. Many, but not all, states take advantage of the permit process to help inform adolescents of the child labor laws by offering a pamphlet that explains the restrictions on young workers' hours and occupations (31 states) or by listing such restrictions on the permit application forms or permits themselves (27 states).4

4  

Information about state work permits comes from an informal survey of child labor em

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

The state of Washington uses the work permit process to assist its enforcement of the hour and industry restrictions and to protect children and adolescents from conditions that could be detrimental to their health, safety, or welfare. In Washington, not only must minors obtain parent/school authorization forms, but the employers who hire them are also required to obtain work permits from the Department of Labor and Industries. These employer permits, which may include restrictions on minor employees' working conditions, must be posted and can be revoked at any time if the employers violate any conditions of the permit (WAC 296-125-020). Oregon has recently changed its permit process so that teens no longer are required to get work permits, but employers of young people must reapply annually to be certified as youth employers (National School-to-Work Office, no date).

Occupational Safety and Health Administration Rules

The Occupational Safety and Health Act (29 U.S.C. Chapter 15 §651 et seq.), passed in 1970, requires that employers provide work and places of employment that comply with specific safety and health standards and are free from other recognized hazards that may cause serious physical harm. Although children and adolescents are entitled to the same protections as adults, they receive no additional protection, with one exception: The regulations concerning exposure to ionizing radiation for individuals under 18 years of age are 10 percent of the permissible level of exposure for adults (29 C.F.R. 1910.1096 (b)(3)). The act specifies that state regulations (adopted by state occupational safety and health programs) must be at least as protective as federal rules; occasionally, they are more protective. The act is administered by the Occupational Safety and Health Administration (OSHA).

There are two major problems with the current rules as they apply to protecting working children and adolescents. First, the OSHA's standards have not been written or reviewed with regard to special risks for children. A National Research Council (1993) re-

   

ployment practices conducted in the summer of 1991 by the staff of the U.S. Senate Subcommittee on Labor. The results of the survey are available from the Child Labor Coalition of the National Consumers League, Washington, D.C.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

port, Pesticides in the Diets of Infants and Children, documented the specific bases for children's heightened vulnerability to certain toxic substances: (1) disproportionately heavy exposures (occupational and environmental); (2) rapid growth and development that can be easily disrupted; and (3) more time to develop chronic diseases triggered by early exposures. According to current research, the areas of greatest concern for children are their exposure to carcinogens, reproductive toxins, endocrine disrupters, and musculoskeletal hazards (see Chapter 3).

Second, most of the OSHA's standards do not apply to agricultural workplaces (29 C.F.R 1910). These exemptions include most basic safety rules (e.g., protection against electrocution and unguarded machinery) 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. An example of the disparate protection is that workers who are manufacturing a pesticide, such as ethylene dibromide, are fully covered by the act's extensive standards regarding regulated carcinogens, but workers applying this pesticide or handling treated crops are entitled only to the lesser protections of the Federal Insecticide, Fungicide, and Rodenticide Act (administered by the U.S. Environmental Protection Agency). Furthermore, congressional riders to annual appropriations bills prohibit the enforcement of all OSHA standards on farms that have 10 or fewer employees and do not have labor camps.5 Inasmuch as most farms (nearly 95 percent) have 10 or fewer employees (Bureau of the Census, 1994), few children working in agricultural jobs are protected by the Occupational Safety and Health Act.

Although states may be more protective than the federal government, few have enacted standards to protect agricultural workers. A notable exception is the state of Washington, which has extended to agriculture the full range of health and safety protections currently

5  

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998, H.R. 2264, 105th Congress; this same language appears annually in the appropriations bill.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

in place for general industry and construction (WAC 296–307). Texas, facing litigation in 1987, enacted right-to-know legislation for agricultural workers, who had been excluded from the state's hazard communication standard for all workers (which regulates what information about hazardous materials must be provided to workers).

Other Federal Laws and Initiatives

The Federal Insecticide, Fungicide, and Rodenticide Act and the Related Protection Standards

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. §136), administered by the Environmental Protection Agency (EPA), regulates the registration and use of pesticides, including the protection of agricultural workers who may be exposed to pesticides and their residues. This act requires the EPA to protect against any unreasonable adverse effects to humans or the environment, which includes balancing the costs and benefits of the use of all pesticides (7 U.S.C. §136 (bb)). 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.

The EPA's Worker Protection Standards regulations (40 C.F.R. 170), which were promulgated in 1992 and fully implemented in 1996, cover employees who handle agricultural pesticides and those who cultivate and harvest plants on farms or in greenhouses, nurseries, or forests. These regulations are intended to eliminate or reduce the exposure to pesticides; mitigate the exposures that occur; and inform employees about pesticide hazards. The regulations include provisions regarding the use of personal protective equipment for those working directly with pesticides, the setting of re-entry times before which workers must avoid treated areas, the notification of workers about areas that have been treated, and the training of employees in basic pesticide-safety measures.

FIFRA and its implementing regulations have the same standards for children as for adults. As discussed in Chapter 3, there is evidence that young children have increased susceptibility to pesticides, but little is known about the differential effects of pesticides on older children and adolescents. To date, the EPA has not reevaluated

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

pesticide standards to take into account special risks to young workers. As noted above, the FLSA hazardous orders do prohibit anyone younger than 16 from working with Toxic Category I and II pesticides, but children as young as 10 are allowed to hand-harvest crops, under certain conditions, which potentially exposes them to pesticides.

Although many current laws and regulations do not take children's susceptibilities into account, a notable exception is the Food Quality Protection Act of 1996, which requires the EPA to explicitly determine the safety for children of allowed pesticide residues on food. Although this act enforces protection of young children as consumers, it does not address the special risks of pesticides to children and adolescents who work with pesticides or treated crops.

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.

The Executive Order also established the Task Force on Environmental Health Risks and Safety Risks to Children to recommend federal strategies for children's environmental health and safety. These strategies are to consider:

  • statements of principles, general policy, and targeted annual priorities to guide the federal approach to achieving the goals of this order;

  • a coordinated research agenda for the federal government;

  • recommendations for appropriate partnerships among federal,

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

state, local, and tribal governments and the private, academic, and nonprofit sectors;

  • proposals to enhance public outreach and communication to assist families in evaluating risks to children and in making informed consumer choices; and

  • identification of high-priority initiatives that the federal government has undertaken or will undertake in advancing the protection of children's environmental health and safety.

The task force, which is led jointly by the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, is also to report biennially on "research, data, or other information that would enhance our ability to understand, analyze, and respond to environmental health risks and safety risks to children" and, if needed, to suggest new legislation to protect children. 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. In addition, attention has not yet focused on the environmental health risks children and adolescents face as workers.

WORKERS' COMPENSATION

Workers' compensation provides no-fault insurance for occupational injuries and illnesses. Each state has its own workers' compensation law, with varying coverage requirements and benefit levels. Private employers are required to have workers' compensation insurance in 47 states, although waivers are available in 24 of those states; coverage is elective in New Jersey, Texas, and for all but "extrahazardous" occupations in Wyoming (U.S. Department of Labor, no date: Table 1).6 Workers employed in interstate com-

6  

Workers' compensation information is available electronically at http://www.dol.gov/dol/esa/public/regs/statutes/owcp/stwclaw [1997, September 19].

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

merce and federal employees are covered under the Federal Employment Compensation Act. As with the Fair Labor Standards Act and the Occupational Safety and Health Act, most state workers' compensation laws treat agricultural workers differently; only 12 states provide coverage of agricultural workers similar to that of other workers (U.S. Department of Labor, no date: Table 3).7

Workers' compensation reaches more workers and occupies the attention of more employers than do all other occupational safety and health programs put together. Its objectives extend to both social insurance and the improvement of working conditions. As a social insurance program, it assumes the cost of medical expenses associated with occupational injuries and illnesses, and it replaces a portion of workers' lost income. As a safety and health program, it has the potential to provide incentives for employers to improve working conditions or otherwise reduce the burden of claims. State workers' compensation agencies also provide a range of services that include voluntary consultations for employers, return-to-work assistance for workers, dispute resolution, and other measures designed to make program costs less onerous. Although the effectiveness of workers' compensation, in this country and elsewhere, has been studied extensively, no research has focused on the needs of young workers. 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).

Indemnity Principle

The underlying principle in workers' compensation indemnity is that the primary financial hardships experienced by victims of injury and illness are their medical costs and their loss of income. States employ formulas to determine the fraction of this lost income that the system will replace, generally two-thirds, up to a statutory maxi-

7  

The 12 states are Arizona, California, Colorado, Connecticut, Hawaii, Idaho, Massachusetts, Montana, New Hampshire, New Jersey, Ohio, and Oregon.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

mum. For young workers still in school, however, the most important cost of work-related injuries or illnesses may not be their lost wages but the disruption of their educations—missed classes, lower grades, and other education-related adverse outcomes. 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.

Utilization

Evidence points to general underutilization of workers' compensation. Several studies (Cone et al., 1991; Leigh et al., 1996; Stout and Bell, 1991) have found that between 30 percent and 60 percent of work-related fatalities are not represented in workers' compensation records. In a study of nonfatal work-related injuries to adolescents, Parker and colleagues (1994) found that 67 percent of the eligible injuries were not reported to workers' compensation. Several factors may account for workers' failure to file legitimate claims: lack of understanding of their rights to compensation; fear of retaliation; pressure from their employers; or their own desire to be team players. ("Experience-rated" methods allow firms to pay workers' compensation premiums based in part on their claims history, providing incentives for employers to minimize the number of claims.)

These factors may play an even greater role for teenagers. Young workers are still finding their place in the adult world and may be more susceptible to pressure not to file claims. They also have less knowledge of this complex system and their rights under it and fewer resources for pursuing their claims, if they are covered at all. Young workers' low usage of workers' compensation remedies reflects the larger problem that key regulatory systems for workers rely to a great extent on the initiative of those workers directly affected. That workers may not take the initiative in the face of many work-place pressures is always a concern, but the concern is greater when inequalities of age and experience are factors as well.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

ENFORCEMENT OF CHILD LABOR LAWS AND REGULATIONS

Fair Labor Standards Act

The Wage and Hour Division of the Department of Labor is responsible for overseeing the rules and regulations pertaining to FLSA, including those related to child labor. The act is enforced by means of inspections of workplaces. Inspections can be conducted in response to complaints: Anyone can file a complaint on his or her own behalf or on behalf of someone else, alleging the violation of FLSA requirements. In addition, the Wage and Hour Division has a program of targeted inspections and a program of directed inspections. Targeted inspections focus on specific industries (for example, retail establishments) or types of employment sites (for example, shopping malls) for a specified length of time. These inspections usually cover all aspects of the FLSA, but in some cases are targeted to a specific section of the law, such as child labor regulations. Directed inspections focus more narrowly on segments of an industry or parts of the act. The number of inspectors available for enforcement varies, depending on the department's annual budget, but it is relatively small. As of the end of fiscal 1997 (September 30), the Wage and Hour Division had 942 inspectors, a 20 percent increase over the number of inspectors at the end of fiscal 1996.8 These inspectors are responsible for overseeing all the businesses covered by the FLSA.

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 1,141 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-

8  

Information 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. Department of Labor.

9  

Personal communication from Art Kerschner, Jr., Wage and Hour Division, U.S. Department of Labor.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

cents. More than 10,000 violations were found that year—nearly three times as many violations as had been found in the previous year.10 In 1995, agriculture and construction were targeted, and the number of violations found decreased dramatically, because few children and adolescents are employed in construction and regulations are more lenient for agriculture. In 1990, the Department of Labor conducted four strike-force enforcement sweeps looking specifically for child labor violations. A total of 9,542 inspections were conducted nationwide and 27,634 children were found to be employed illegally (i.e., in violation of FLSA regulations) (U.S. General Accounting Office, 1991). As is discussed in more detail in Chapter 3, studies have found that a sizable number of serious injuries are suffered by children and adolescents employed illegally, particularly when they are employed in violation of hazardous orders (U.S. General Accounting Office, 1991).

For businesses that are covered by the FLSA, a civil penalty of not more than $10,000 may be assessed for each minor employed in violation of any part of the child labor regulations. In addition, as of 1994, fines of up to $10,000 for each violation that leads to the serious injury or death of a minor covered by the FLSA have been allowed. 11 (That is, multiple violations could be associated with the work of one child and each violation is subject to a fine.)

The many small companies that do not satisfy the minimum threshold for coverage under FLSA are covered under state laws, which are enforced by state agencies. The enforcement of state child labor laws varies throughout the nation, in terms of number of staff, number and extent of inspections, and assessed and collected penalties. 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). Various surveys have documented widespread inconsistencies not only in child labor standards (hours of work, age of work, updating lists of hazardous occupations), but also in enforcement. A 1993 survey by the Child

10  

Personal communication from Art Kerschner, Jr., Wage and Hour Division, U.S. Department of Labor.

11  

All civil monetary penalties are reassessed every 4 years. It is likely that the child labor violation penalty will be increased to $11,000 sometime in 1998 (personal communication from Art Kerschner, Jr., Wage and Hour Division, Department of Labor).

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

Labor Coalition of the National Consumers League reported that the total amounts collected by the states in penalties for child labor violations in 1992 ranged from $0 to $150,000, with a majority of states collecting nothing. For those that did collect at least one fine, the minimum civil penalty for a single child labor violation ranged from $5 to $150, and the maximum ranged from $50 to $10,000. Very few states even permit fines as high as $10,000. States' standards for and enforcement of criminal penalties for child labor violations also vary dramatically.

Occupational Safety and Health Act

Standards set by OSHA under the Occupational Safety and Health Act do not specifically target young workers or their employers in its standards-setting or enforcement activities. OSHA uses targeted inspections to achieve compliance; inspections are also performed after workers complain of violations and after accidents or deaths. 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.12

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. For example, compliance officers from the Department of Labor's Wage and Hour Division may not cite obvious violations of OSHA's health and safety standards. The Wage and Hour Division can refer violations to OSHA, and vice versa, under an existing agreement between the agencies; however, no records are kept of how many referrals are made or of the disposition of the referrals, so the effectiveness of interagency referral is difficult to study. Violations by companies that do not satisfy the minimum threshold for coverage by the Fair Labor Standards Act are referred to the states' labor departments, which might or might

12  

The 23 states are Alaska, Arizona, California, Connecticut, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

not follow up on potential violations and hazards. Children often fall through these jurisdictional cracks.

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? The answer to these questions depends on the extent to which laws and regulations actually deter the behavior they were created to deter (i.e., the extent to which employers comply with the laws and regulations) and whether deterring violations actually improves workers' health and safety.

The basic assumption of the deterrence model of regulatory enforcement is that an agency with clear regulations and an extensive ability to detect and severely punish noncompliance can achieve a high degree of compliance with the law (Gray and Scholz, 1993). However, these ideal enforcement conditions seldom exist. Regulations are often complex, and agencies have limited resources for enforcement. Furthermore, studies have found that, compared with the costs of compliance, the threat of enforcement plays a minor role in corporate responses to health and safety issues (Bartel and Thomas, 1985; Sigler and Murphy, 1988). Gray and Scholtz (1993) speculate that inspections with monetary penalties increase managers' attention to potential safety hazards, thereby helping to reduce injuries. More telling, inspections triggered by complaints were found to reduce injuries regardless of whether penalties were imposed or not (Scholz and Gray, 1997).

The Mine Safety and Health Administration (MSHA) is an example of an agency that has successfully reduced health and safety hazards through regulatory enforcement. Following the passage of the Coal Mine Health and Safety Act of 1969, there was a sharp and sustained decrease in the fatality rate per hours worked and per ton of coal mined. Productivity in coal mining decreased for approximately 10 years after the act was implemented but then improved steadily (Weeks, 1991). Although there is evidence of OSHA'S effectiveness, there is little evidence that its regulations have affected occupational injury rates in the United States to the same extent that MSHA has affected underground mine fatality rates (Mintz, 1984;

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

Stewart, 1979; Weeks, 1991). The level of MSHA enforcement in underground mining is far higher than the level of OSHA enforcement in other industries. Each mine is inspected four times annually, and there were 2,735 inspectors for approximately 100,000 miners in 1989, compared with 2,404 OSHA inspectors for 85,000,000 workers in other industries.

OSHA's targeted inspection programs have proved effective at reducing workers' compensation claims for work injuries. For example, a targeted inspection program in Washington state's construction industry in 1991–1992, focused on enforcing a protection standard to prevent falls, resulted in a decrease of claims for injuries due to falls from 1.78 to 1.39 per 100 full-time employees in the group of targeted contractors, which was significantly different from any change in the claims rate among other construction contractors (Nelson et al., 1997). In general, better surveillance of occupational injuries and illnesses is necessary for OSHA to effectively and efficiently target inspections.

Enforcement of child labor laws under FLSA appears to suffer from too few inspectors to visit work sites, but there have not been any evaluations of the effectiveness of the FLSA 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. Indeed, the primary function of laws and regulations may be to define correct practices rather than to force compliance. Therefore, education is a necessary complement to enforcement. Education about the employment of children and adolescents has several purposes. Informing young people, parents, educators, employers, and others about child labor laws and regulations is one purpose. Training them to prevent work-related illness and injury and to respond appropriately to workplace hazards is another. Education can also contribute to improving the quality of youngsters' work experiences, minimizing the harmful consequences and maximizing the benefits.

A number of efforts now under way around the country are trying to make youngster's work experiences safe and healthful. The

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

efforts primarily focus on education and training. Such programs include providing occupational health and safety training to adolescents, educating children and their parents about child labor laws, and educating parents about the age-appropriateness of tasks. 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. Because such programs have not yet been rigorously evaluated, little can be said about their effectiveness. This report would not be complete, however, without some discussion of the efforts to improve the quality of work for children and adolescents.

Lack of awareness of health and safety issues relevant to working children and adolescents—both by the young workers themselves and by adults—has been recognized by a number of organizations as a significant obstacle to preventing injury and illness on the job. The American Academy of Pediatrics, the American Public Health Association, and the National Institute for Occupational Safety and Health have called for better training and education on issues related to the health and safety of adolescent workers.

Health and safety education for workers has been recognized as an important component of preventing work-related illnesses and injuries (Keyserling, 1995; Komaki et al., 1980; Maples et al., 1982; Office of Technology Assessment, 1985; Wallerstein, 1992; Wallerstein and Weinger, 1992; Zohar et al., 1980). Recent studies indicate, however, that working teens may not be receiving adequate health and safety training on the job. In a survey of 14-to 16-year-olds who had been injured while working, 54 percent reported having received no instruction on how to avoid injuries or how to work safely with the equipment they used (Knight et al., 1995). General surveys of working youth find similar results, with about half of surveyed young workers reporting no health and safety training (Bowling et al., 1998; Runyan et al., 1997).

Not only are children and adolescents not receiving health and safety information, but adults involved with children—parents, teachers, health-care providers, staff members of community organizations—often lack the information necessary to promote the health and safety of youngsters in the workplace. For example, both state and federal regulators report that employers' ignorance of child

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

labor laws is common.13 A recent survey of health care providers who treat adolescents found that over three-quarters of them were unfamiliar with the child labor laws pertaining to prohibited jobs and hours.14

Efforts to educate the public about potential hazards to young workers have been mounted by federal and state government agencies. For example, in May 1995 the National Institute for Occupational Safety and Health (NIOSH) issued an alert on preventing deaths and injuries of working adolescents. The alert described child labor laws and potential hazards for young workers and provided suggestions for employers, parents, educators, and adolescents. A tear-off flyer, meant to be posted and distributed to workers, summarized the information. 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 wage.15 State agencies also produce flyers and posters aimed at publicizing child labor laws and tips for being safe on the job.

School-to-Work Opportunities Act

The purpose of the School-to-Work Opportunities Act of 1994 (20 U.S.C. §6101-6251) is to strengthen positive interactions between school and work. The Act calls for the creation of school-to-work systems containing three core elements: school-based learning, work-based learning, and connecting activities. School-based learning is classroom instruction and curricula that integrates high academic standards with career awareness, career exploration, and occupational skill standards established by employers and employees. Work-based learning ''means that work places become active learning environments by engaging employers as partners with educators in providing opportunities for all students to participate in high-quality work experiences" (U.S. Departments of Education and Labor, 1996:8). Connecting activities, which are meant to ensure that

13  

Personal communication from Art Kerschner, Jr., Wage and Hour Division, U.S. Department of Labor and from Joan Parker, Massachusetts Attorney General's Office.

14  

Data from C. Mudgal, Massachusetts Department of Public Health; unpublished tabulations.

15  

The U.S. Department of Labor, Wage and Hour Division Youth Page can be found at http://www.dol.gov/dol/esa/public/youth/home.htm.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

school and workplace activities are integrated, include matching students with employers, establishing school mentors to act as liaisons with employers, providing technical assistance to schools and employers, and linking participants with community services.

Rather than establishing federal programs, the act provides venture capital to states and communities to encourage them to redirect other resources (state and local education taxes and other federal funds) toward the act's purposes. By the fall of 1997, 37 states and 137 communities had received implementation grants. Data from the first 17 states to receive grants indicate that $1 in private funds was raised for each $2 in federal funding. Consistent with its modest funding, the act also eschews strict guidelines, fostering instead a diverse array of approaches at state and local levels.

The School-to-Work Opportunities Act originated in concerns arising in the late 1980s about a growing gap between what adolescents learn in school and what employers expect of new workers. Despite employers' need for workers with good academic skills (especially reading, verbal communication, math, and problem solving), studies of high school students find that they see little connection between school and life outside of school, are bored in school, and therefore, put little effort into school (Steinberg et al., 1996). Accounts of German apprenticeship posed a contrast to this separation between school and work and to the American pattern of delayed career entry among youth who do not graduate from college (Hamilton, 1990). In the early 1990s several foundations and the Department of Labor began funding youth apprenticeship demonstration programs and other precursors of the school-to-work initiative (Olson, 1997).

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. Many more vocational graduates take too few courses to gain real skills or they enter the work force in unrelated fields. (For a brief review of research on vocational education, see Stern et al., 1994.) Too many secondary vocational programs are disconnected from contemporary work skills and labor markets and are

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

undemanding academically, providing no advantage in subsequent employment. The better vocational programs emphasize preparation for both employment and post-secondary education. This emphasis, often under the banner of "tech prep" (parallel to college prep), has been supported by the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §2301 et seq.), which is the conduit for federal funding of vocational education. High Schools That Work, one of the most ambitious and successful school reform networks, combines high academic standards with effective vocational education (Bottoms and Sharpe, no date; see especially Chapters 6–7). Both tech prep and the integration of vocational education with high academic standards are envisioned as components of a comprehensive school-to-work system.

Cooperative education is one well-established practice in vocational education, and it is identified as a type of work-based learning in the School-to-Work Opportunities Act. Like youth apprenticeship, it uses work experience to teach employment-related knowledge and skills in connection with relevant school classes. Unlike a formal apprenticeship, it does not teach a common set of competencies and, as a result, does not yield a portable credential. Vocational graduates who have had cooperative education and subsequently work for their training employer achieve higher earnings than their classmates, but that advantage does not carry over to other work-places (Stern and Stevens, 1992), presumably because they receive no credentials. One intriguing result of research on cooperative education is that it appears to provide all of the benefits of work experience discussed in Chapter 4 with fewer negative consequences (Stern et al., 1997).

The effects of the School-to-Work Opportunities Act cannot yet be assessed with any certainty. First, the initiative is too young to have generated activities that are well enough established to warrant formal evaluation. Second, generalization is impeded by the legislation's encouragement of variety in state and local implementation (see U.S. Department of Labor, 1997). Mathematica Policy Research, Inc., is conducting a national study of School-to-Work implementation, but its report has not been released. The best indication of future effects comes from evaluations of pre-1994 demonstration projects. For example, several youth apprenticeship demonstration projects reported that large proportions of participants enrolled in post-secondary education (Kopp et al., no date), a surprising result

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

because the target group was "non-college" youth. Some school-to-work sites have also reported this result, along with higher grades and improved post-graduate employment. (For examples, see the National School-to-Work Office Web site: www.stw.ed.gov.)

The School-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. In the work-based experience, students are required to receive "broad instruction, to the extent practicable, in all aspects of the industry" (20 U.S.C. §6113 (a)(5)), including health and safety issues. However there are no specific requirements that such issues be included in the school-based portion. The act does not allow the waiver of any child labor laws for program participants.

Demonstration Projects

In an effort to disseminate information about child labor and safety issues and to promote positive action on the part of young workers, NIOSH is funding three community health education demonstration projects with evaluation components. Projects target a variety of audiences, including parents, employers, educators, health-care providers, government officials, organizations that work with youngsters, and young people themselves. Surveys to collect baseline information about students' knowledge and attitudes have been administered in each of the three communities (Brockton, Massachusetts; Oakland, California; and south central Los Angeles, California). Focus groups with employers and parents have been conducted. Advisory committees, with representatives from each of the target populations, have been established in each community. The schools and organizations that work with youngsters are serving as bases for educating adolescents. In Brockton, occupational health and safety education has been integrated into the school-to-work system. The project has also trained teen peer educators to provide occupational health and safety workshops to youngsters outside of the school setting. In Oakland, occupational health and safety learning activities have been integrated into the curriculum in core academic subject areas. In addition, a school-based peer-education program has been established. In south central Los Angeles, a 3-week education

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

and career planning class now incorporates occupational health and safety, and several community events have been held for parents, educators, and other community members. Materials for parents have been prepared and disseminated, and a brochure for health-care providers is being developed. 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).

For the first time I learned there were safety and rights for teens at work.

Student in Los Angeles Young Worker Community Health Education Program

Safety Education Efforts in Agriculture

The past decade has seen a notable increase in the number of grassroots educational efforts, such as community-based safety campaigns, farm-safety day camps, and classroom presentations, which have been supported through funds from the private sector and NIOSH. Unfortunately, few of these programs have been subjected to comprehensive evaluation, and their effects on injury rates is unknown (Aherin et al., 1992; Murphy et al., 1996; National Committee for Childhood Agricultural Injury Prevention, 1996). Several studies have suggested that safety education has little or no effect on minimizing injuries associated with agriculture (Aherin et al., 1992; Shutske, 1994), and that engineering and environmental modifications may provide greater protection than education for young workers in agriculture (Aherin et al., 1992).

Currently, a myriad of educational programs target adults and children in an effort to prevent childhood agricultural injuries (Purschwitz, 1990; Shutske, 1994). Education and training are occurring through formal programs such as 4-H, FFA (formerly referred to as Future Farmers of America), and vocational training; the programs are sponsored in large part by public funding (U.S. De-

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

partment of Agriculture's Cooperative Extension Service and the U.S. Department of Education).

The National Committee for Childhood Agricultural Injury Prevention, through a consensus development process, identified specific steps to minimize agricultural injuries among children (see Chapter 5). Among the recommended steps were a variety of educational initiatives ranging from a national public-education campaign to the incorporation of agricultural health and safety curricula in classrooms from kindergarten through high school. The committee also called for the rigorous evaluation of educational materials and methods.

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. Also needed is increased research, based on sound scientific principles, to identify successful approaches to intervention.

CONCLUSIONS

Current regulations and standards do not reflect the changes in technology, industries, and hazards that children and adolescents encounter in contemporary workplaces in the United States. Nor do these standards adequately protect children and adolescents, who are more vulnerable than adults to certain health and safety hazards on the job. Child labor standards have not kept up with contemporary research on the psychosocial, health, and safety implications of work and school for teenagers.

Connecting education more closely with work is a promising strategy for improving the health, safety, and quality of young people's work experiences. Instruction in health and safety at both the school and the workplace and attention to reducing hazards in the workplace should become a larger part of vocational education, school-to-work, and related initiatives that try to strengthen connections between education and employment.

Everyone with a role in the employment of young workers needs more and better knowledge and the ability to use it effectively. They need to have: (1) knowledge about the basic legal issues (e.g., regulations that limit the number of hours minors may work); (2) access

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

to information and advice about specific concerns (e.g., how to respond to a boss who assigns illegal hours); (3) access to relevant information at "teachable moments" (e.g., after an injury); and (4) training in how to reduce risks and what to do when faced with unsafe or unlawful situations. Information is fundamental, but education and training are also needed to enable people to take appropriate action. Information and education needs vary among different audiences (teenagers, parents, employers) and will need to be targeted to them.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

TABLE 6-1 SELECTED STATE CHILD LABOR STANDARDS FOR NONFARM EMPLOYMENT (AS OF JANUARY 1, 1996)

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
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TABLE 6-1 Selected State Child Labor Standards for Nonfarm Employment (as of January 1, 1996)a

 

Under 16 Years Old

 

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

State

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

Alabama

3

8

18

40

6

6

7 pm (9 pm during the summer vacation) to 7 am

Alaska

9b

23

6

6

9 pm to 5 am

Arizona

3

8

18

40

9:30 pm (11 pm before non-school day) to 6 am; 7 pm to 6 am in door-to-door sales or deliveries

Arkansas

8

8

48

48

6

6

7 pm (9 pm before non-school day) 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

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

16 and 17 Years Old

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

10 pm before school days to 5 am, if enrolled in school

6

6

10

10

54

54

6

6

11 pm before school day to 6 am

4

8

28c

48

6

6

10 pm (12:30 am before non-school day) to 5 am

8

8

40

40

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

 

Under 16 Years Old

 

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

State

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

Connecticut

9d

9d

48

48

d

d

10 pm (midnight before non-school day in supermarkets) to 6 am

Delaware

4c

8

18C

40

6

6

7 pm (9 pm June 1 thru Labor Day) to 7 am

Florida

3e

8

15

40

6

6

7 pm before school day (9 pm during holidays and summer vacations) to 7 am on school day

Georgia

4

8

40

40

9 pm to 6 am

Hawaii

10b

8

40

40

6

6

7 pm to 7 am (9 pm to 6 am June I through day before Labor Day

Idaho

9

9

54

54

9 pm to 6 am

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

16 and 17 Years Old

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

9d

9d

48

48

d

d

10 pm (midnight before non-school day in supermarkets) to 6 am; 11 pm (midnight if before non-school day or not attending school) to 6 am in restaurants or as ushers in nonprofit theater

12b

12

8 hrs of non-work, non-school time required in each 24-hour day

8

30

6

11 pm to 6:30 am before school day

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

 

Under 16 Years Old

 

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

State

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

Illinois

3f

8

24

48

6

6

7 pm (9 pm June 1 through Labor Day) to 7 am

Indiana

3

8

18

40

7 pm (9 pm June 1 through Labor Day) to 7 am

Iowa

4

8

28

40

7 pm (9 pm June 1 through Labor Day) to 7 am

Kansas

8

8

40

40

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) to 7 am

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

16 and 17 Years Old

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

8g

9h

40g

48h

6g

10 pm (midnight before non-school day with written parental permission) to 6 am for minors of 16 enrolled in school; 11:30 pm to 6 am before school day for minors of 17 enrolled in grades 9 through 12

6g

8g,i

40g

6

11:30 pm (1 am on Friday and Saturday) to 6:30 am when school in session

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

 

Under 16 Years Old

 

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

State

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

Maine

3

8

18

40

6

6

7 pm (9 pm during summer vacation) to 7 am

Maryland

4c

8

23c

40

8 pm (9 pm Memorial Day through Labor Day) to 7 am

Massachusetts'

8

8

48

48

6

6

7 pm (9 pm July 1 through Labor Day) to 6:30 am

Michigan

10

48b

48

6

6

9 pm to 7 am

Minnesota

8

8

40

40

9 pm to 7 am

Mississippi

8m

8m

44m

44m

7 pm to 6 amm

Missouri

3

8

40

40

6

6

7 pm (9 pm June 1 through Labor Day) to 7 am

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

16 and 17 Years Old

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

4g,j

10

20g,k

50

6

6

10 pm (12 am before non-school day) to 7 am (5 am before non-school day) g

12b

8 hours of non-work, non-school time required in each 24-hour day

9

9

48

48

6

6

10 pm (midnight in restaurants on Friday, Saturday, and vacation) to 6 am

10

10

48b

48

6

6

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)

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

 

Under 16 Years Old

 

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

State

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

Montana

3

8

18n

40

7 pm (9 pm during periods outside school year) to 7 am

Nebraska

8

8

48

48

8 pm to 6 am (under 14); 10 pm to 6 am, for 14-and 15-year-olds

Nevada

8

8

48

48

New Hampshire

3g

8g

23g

48g

9 pm to 7 am

New Jersey

3

8o

18

40

6

6

7 pm (9 pm during summer vacation with parental permission) to 7 am

New Mexicop

8

8

44

44

9 pm to 7 am

New York

3

8

18n

40

6

6

7 pm (9 pm June 21 through Labor Day) to 7 am

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

16 and 17 Years Old

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

30g

48g

6g

6g

 

8

8o

40

40

6

6

11 pm to 6 am during school term, with specified 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 not in session

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

 

Under 16 Years Old

 

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

State

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

North Carolina

3

8

18n

40

7 pm (9 pm Carolina during summer vacation) to 7 am

North Dakota

3r

8

18r

40

6

6

7 pm (9 pm Dakota June 1 through Labor Day) to 7 am

Ohio

3

8

18

40

7 pm (9 pm June 1 to September 1 and during school holidays of 5 school days or more) to 7 am; 7 pm to 7 am in door-to-door sales

Oklahoma

3s

8

18

40

7 pm (9 pm June 1 through Labor Day) to 7 am; 9 pm before non-school days if employer not covered by FLSA

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

16 and 17 Years Old

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

11 pm to 5 am before school day while school in session. Not applicable with written 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); g 8 pm to 7 am for door-to-door sales

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

 

Under 16 Years Old

 

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

State

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

Oregon

3n

8

18n

40

7 pm (9 pm June 1 through Labor Day) to 7 am

Pennsylvania

4c

8

26c

44

6

6

7 pm (10 pm during vacation from June to Labor Day) to 7 am

Rhode Island

8

8

40

40

7 pm (9 pm Island during school vacation) to 6 am

South Carolina

3

8

18

40

7 pm (9 pm June 1 through Labor Day) to 7 am

South Dakota

4

8

20

40

After 10 pm Dakota before school day

Tennessee

3

8

18

40

7 pm to 7 am (9 pm to 6 am before non-school days)

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

16 and 17 Years Old

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

44

44

8

8

28g

44

6

6

11 pm (midnight before non-school day) to 6 amg

9

48

11:30 pm (1:30 am before non-school day) to 6 am, if regularly attending school

10 pm to 6 am (Sunday-Thursday before school days) (midnight with parental permission up to 3 nights a week)

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

 

Under 16 Years Old

 

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

State

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

Texas

8

8

48

48

10 pm (midnight before non-school day or in summer if not enrolled in summer school) to 5 am

Utah

4

8

40

40

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 is not in session) to 7 am

West Virginia

8

8

40

40

6

6

8 pm to 5 am

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

16 and 17 Years Old

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

9

9

50

50

4t,u

8

20u

48

6

6

10 pm Sunday–Thursday (midnight Friday and Saturday and when school is not in session) to 7 am (5 am when school is not in session); 9 pm to 7 am in door-to-door sales

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

 

Under 16 Years Old

 

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

State

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

Wisconsin

4t

8

8c

40

6

6

8 pm (11 pm before non-school day) to 7 am

Wyoming

8

8

56

56

10 pm (midnight before non-school day and for minors not enrolled in school) to 5 am

aState hours limitations on a schoolday and in a schoolweek usually apply only to those enrolled in school. Several states exempt high school graduates from the hours and/or nightwork or other provisions, or have less restrictive provisions for minors participating in various school-work programs. Separate nightwork standards in messenger service and street trades are common, but are not displayed in table.

b Combined hours of work and school.

c More hours are permitted when school is in session less than 5 days.

d Connecticut: For under 16 if working in stores or agriculture, the limit is 8 hours per day and 6 days per week; for 16-and 17-year olds if working in stores, the limit is 8 hours per day and 6 days per week. Overtime is permitted in some industries for both age groups.

e Florida: For under 16, maximum hours 3 when followed by a school day, except if enrolled in vocational program.

f Illinois: 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.

g Limits apply only to those enrolled in school.

h For minors enrolled in school, these hours require written parental permission

i 8 hours allowed on Saturday and Sunday if attending school.

j 8 hours allowed before nonschool day.

k 28 hours a week allowed in weeks with multiple days of school closure.

l Massachusetts: Under 14, limited to 4 hours per day, 24 hours per week in farm work.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×

16 and 17 Years Old

Maximum Hours/Day

Maximum Hours/Week

Maximum Days/Week

 

School Day

Non-School Day

School Week

Non-School Week

School Week

Non-School Week

Prohibited Work Hours

5t

v

26c

50

6

6

11 pm (12:30 am before non-school day) to 7 am (5 am on non-school day during school week) v

Midnight to 5 am (for females only)

m In factory, mill, cannery or workshop.

n Students 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.

o New Jersey: 10-hour day, 6-day week allowed in agriculture.

p New Mexico: Limits apply only to those under 14.

q 8 hours on Friday, Saturday, Sunday, or holiday.

r North Dakota: School day/week hours apply only if child is not exempted from school attendance.

s Oklahoma: 8 hours allowed on school days before nonschool day if employer not covered by FLSA.

t 8 hours on Friday, Saturday, and Sunday.

u Washington:16-and 17-year olds allowed to work 6 hours per school day and 28 hours per school week with special variance agreed to by parent, employer, school, and student.

v Wisconsin has no limit during non-school week on a daily hour or nightwork for 16-and 17-year olds. However, they must be paid time and one half for work in excess of 10 hours per day or 40 hours per week, whichever is greater. Also, 8 hours rest is required between end of work and start of work the next day, and any work between 12:30 a.m and 5 am must be directly supervised by an adult.

SOURCE: Data from Division of External Affairs, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor.

Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
Page 162
Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
×
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
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Suggested Citation:"6 Laws, Regulations, and Training." Institute of Medicine and National Research Council. 1998. Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States. Washington, DC: The National Academies Press. doi: 10.17226/6019.
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Next: 7 Conclusions and Recommendations »
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In Massachusetts, a 12-year-old girl delivering newspapers is killed when a car strikes her bicycle. In Los Angeles, a 14-year-old boy repeatedly falls asleep in class, exhausted from his evening job. Although children and adolescents may benefit from working, there may also be negative social effects and sometimes danger in their jobs.

Protecting Youth at Work looks at what is known about work done by children and adolescents and the effects of that work on their physical and emotional health and social functioning. The committee recommends specific initiatives for legislators, regulators, researchers, and employers.

This book provides historical perspective on working children and adolescents in America and explores the framework of child labor laws that govern that work. The committee presents a wide range of data and analysis on the scope of youth employment, factors that put children and adolescents at risk in the workplace, and the positive and negative effects of employment, including data on educational attainment and lifestyle choices.

Protecting Youth at Work also includes discussions of special issues for minority and disadvantaged youth, young workers in agriculture, and children who work in family-owned businesses.

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