Federal OSHA recently announced major penalties against two separate manufacturing companies after investigating workplace incidents in which a 16-year-old at each facility was fatally injured by machinery. The Fair Labor Standards Act (FLSA), and many state rules, strictly limit the types of industries and environments where children can work. These two situations tragically illustrate numerous pitfalls for employers.
In one case, a 16-year-old may have presented false identification to the staffing agency that hired him to work in a chicken processing plant. News reports indicate that his identification stated that he was 32 years old. The teen died when cleaning near a machine, which caught his hand and sucked him in. The safety violations resulted in proposed OSHA fines of $212,646. The Department of Labor investigation into how a teenager was hired to do this work is ongoing.
In the other incident, a 16-year old worker at a wood products company died from injuries sustained when he became trapped in a sticker stacker as he tried to unjam it. The company released a statement claiming that the minor was working in its planing mill (not its sawmill), which the company believed was permissible. The company also stated that it believed the underaged workers were allowed to work in this environment under arrangements with the local high school. The OSHA citation assessed fines of $1,313,204 for various safety violations. The company has already reached a settlement with the DOL to pay $190,696 in civil penalties and to accept a temporary ban on the sale of its goods among other things.
Tips: These situations raise important safety and HR issues. First, client employers are generally responsible for the actions of their staffing agency. If you use staffing agencies, make sure that they screen applicants appropriately and only send you qualified candidates. Second, understand your responsibilities in employing minors. The employment of children under 18 years old is strictly limited in a manufacturing environment and prohibited in hazardous occupations. Third, always verify the applicability of any student learner exceptions and ensure that the program you’re participating in meets the requirements. Finally, make sure that all of your employees are properly trained and that you are enforcing your safety rules. Your Vigilant safety professional would be happy to review your new hire safety orientation process. You may also want to consider signing up anyone involved in safety onboarding for our New Hire Safety Leadership class. To learn more, visit our NHSL webpage or contact Manish Gooneratne.
For further information about hiring minors, review the summary of federal and state rules in Vigilant’s Legal Guide, Child Labor Laws, and check out OSHA’s website for young workers as well as the state safety and health agency sites for teen workers in Arizona, California, Oregon, and Washington for guidance on specific restrictions and employer requirements. Contact your Vigilant Law Group employment attorney with any questions about employing minors at your facility.
