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Young Workers Prohibited From Performing Many Construction Tasks

Home builders and other NAHB members who are getting ready to line up teen-aged construction workers for summer jobs need to be aware that there are many tasks that are considered unsafe for youths and prohibited under the federal Fair Labor Standards Act (FLSA).

A recently published brochure from the National Institute for Occupational Safety and Health (NIOSH) — “Safe Work for Youth in Construction” — provides valuable information about preventing injuries and fatalities among young, inexperienced workers.

“Work on a construction site is especially hazardous, the publication cautions. “In fact, the construction industry, which employs less than 3% of all young workers, ranks third in the number of work-related fatalities to youth,” accounting for 14% of all occupational deaths among those under 18.

Among its recommendations, NIOSH says that young workers should receive clear instructions for each and every task; they should be instructed that they can only work on tasks for which they are trained; they should be asked to demonstrate that they understand what they have been told; they should be provided with appropriate and properly sized personal protective equipment; they should have adequate supervision; and they should be made aware of safety issues.

The FLSA specifies 17 jobs that are hazardous and prohibited for youths under 18. Those with particular relevance to the construction industry include:

  • Driving a motor vehicle
  • Operating power-driven woodworking machines, including drills and nail guns
  • Operating forklifts, cranes, hoists or elevators
  • Operating power-driven metal forming, punching and shearing machines
  • Operating power-driven circular saws, band saws and guillotine shears
  • Wrecking, demolition and shipbreaking operations
  • Roofing operations
  • Excavation operations

If certain conditions are met, 16- and 17-year-old apprentices and student learners may be allowed to perform some of these prohibited jobs.

The Occupational Safety and Health Administration last month issued a bulletin reminding employers of the prohibition against young workers operating forklifts and other specified hazardous machines and equipment.

Employers also need to consult state child labor laws. “If the employment falls under federal FLSA jurisdiction, then both federal and state laws apply — and the most restrictive law (whether it is the state of the federal) is followed,” the brochure says.

To download the NIOSH brochure, click here.

For information on federal child labor laws from the Department of Labor, click here. For youth employment information for a specific state, contact your state’s department of labor.

For information about construction safety issues, e-mail George Middleton at NAHB or call 1-800-368-5242 x8590.

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