Underage Workers

 
Thread Tools Search this Thread Display Modes
Old 06-23-2008, 09:34 PM   #21
DGR,IABD
 
mdshunk's Avatar
 
Trade: Electrical; Commercial and Residential Service
Join Date: Mar 2005
Location: Central PA
Posts: 9,680

Re: Underage Workers


A minor can still help frame a house, as long as he's not the cut man.

mdshunk is offline  
Warning: The topics covered on this site include activities in which there exists the potential for serious injury or death. ContractorTalk.com DOES NOT guarantee the accuracy or completeness of any information contained on this site. Always use proper safety precaution and reference reliable outside sources before attempting any construction or remodeling task!

Old 06-23-2008, 09:40 PM   #22
Steve
 
OCRS's Avatar
 
Trade: Residential Renovations
Join Date: Apr 2008
Location: Sarsfield, Ontario, Canada
Posts: 844

Re: Underage Workers


It's obviously different these days. But you're own kid or from a friend, we all do it. It's not like exploitation, it's the opposite. Value of a hard days work kinda thing.
OCRS is offline  
Old 06-23-2008, 09:43 PM   #23
Pro
 
nap's Avatar
 
Trade: sparky
Join Date: Jan 2008
Location: SW Michigan
Posts: 591

Re: Underage Workers


here is a more direct copy of the fed rules:

Quote:
29 CFR 570.120 - Eighteen-year minimum.
  • Section Number: 570.120
  • Section Name: Eighteen-year minimum.
To protect young workers from hazardous employment, the Act provides for a minimum age of 18 years in occupations found and declared by the Secretary to be particularly hazardous or detrimental to health or well-being for minors 16 and 17 years of age. Hazardous-occupations orders are the means through which occupations are declared to be particularly hazardous for minors. They are issued after public hearing and advice from committees composed of representatives of employers and employees of the industry and the public and in accordance with procedure established in Child Labor Regulations No. 5 published in subpart D of this part. The effect of these orders is to raise the minimum age for employment to 18 years in the occupations covered. Seventeen orders, published in subpart E of this part, have thus far been issued under the Act and are now in effect. In general, they cover:
No. 1. Occupations in or about plants manufacturing explosives or articles containing explosive components.
No. 2. Occupations of motor-vehicle driver and helper.
No. 3. Coal-mine occupations.
No. 4. Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill.
No. 5. Occupations involved in the operation of power-driven woodworking machines.
No. 6. Occupations involving exposure to radioactive substances.
No. 7. Occupations involved in the operation of power-driven hoisting apparatus.
No. 8. Occupations involved in the operation of power-driven metal forming, punching, and shearing machines.
No. 9. Occupations in connection with mining, other than coal.

No. 10. Occupations in or about slaughtering and meat packing establishments and rendering plants.
No. 11. Occupations involved in the operation of bakery machines.
No. 12. Occupations involved in the operations of paper products machines.
No. 13. Occupations involved in the manufacture of brick, tile, and kindred products.
No. 14. Occupations involved in the operation of circular saws, bandsaws, and guillotine shears.
No. 15. Occupations in wrecking, demolition, and shipbreaking operations.
No. 16. Occupations in roofing operations.
No. 17. Occupations in excavation operations.[36 FR 25158, Dec. 29, 1971]
nap is offline  
Old 06-23-2008, 09:45 PM   #24
Pro
 
nap's Avatar
 
Trade: sparky
Join Date: Jan 2008
Location: SW Michigan
Posts: 591

Re: Underage Workers


Quote:
Originally Posted by mdshunk View Post
A minor can still help frame a house, as long as he's not the cut man.
Quote:
§ 11.77. Heavy work in the building trades.
The term "heavy work in building trades'' as used in section 5 of the act (43 P. S. § 44) includes the following:
(1) Carrying or handling of heavy lumber.
(2) Hod carrying.
(3) Concrete mixing and mortar mixing by hand.
(4) Wheeling sand, cement, lime, mortar, gravel, mixed concrete or other similar materials.
(5) Digging or removing any heavy stones or rock.
(6) Pile-driving by hand. (7) Handling or carrying any heavy material, such as pipe, sanitary and heating fixtures
he can nail
nap is offline  
Old 06-23-2008, 10:16 PM   #25
DGR,IABD
 
mdshunk's Avatar
 
Trade: Electrical; Commercial and Residential Service
Join Date: Mar 2005
Location: Central PA
Posts: 9,680

Re: Underage Workers


Quote:
Originally Posted by nap View Post
he can nail
A 2x4 is not heavy.
mdshunk is offline  
Old 06-24-2008, 07:12 AM   #26
Pro
 
nap's Avatar
 
Trade: sparky
Join Date: Jan 2008
Location: SW Michigan
Posts: 591

Re: Underage Workers


Quote:
Originally Posted by mdshunk View Post
A 2x4 is not heavy.
you seem to be savvy enough and experienced enough to have dealt with the administrative duties in a company. If so, you should understand that interpretation of the laws is not a definate and clear cut situtation. The powers that be often have different interpretations from year to year or simply different than what a layman would expect them to be.

An example of interpretations of the law;

in Indiana, which I posted most of the germane points of the labor laws, does not allow a minor to operate a power saw, correct? IOSHA has made a ruling that not only can they not operate a power saw, they cannot be in the same area as a power saw when it is operating. This is in response to an Amish group arguing that;

1; their minors should be allowed to use the equipment due to the fact they are trained on them.

2. when that failed, they agreed to not allow the minors to operate the tools but felt that hodding wood or cleaning up and such is still alllowed and acted as such. IOSHA came back and said that as long as those saws are running, minors were not allowed in the same work area.

So, plain and simple, whatever the rules say and how we interpret them is irrelevent (this did go beyond a simple IOSHA said ruling). They are often enforced in ways that do not even appear to be possible when simply reading them. Ultimately, most of the child labor laws are prefaced with verbiage that states that these rules are enacted to maintain a safe and healthy work environment for our children. That statement allows them to interpret those rules in a variety of ways but ultimately, if an action or area of work is deemed to be unhealthy for a minor, that one section alone can be utilized to prevent most any action the government desires.


The laws are simply a bunch of words. We have spent over 200 years asking the SCOTUS to interpret laws that were written over 200 years ago. We continue to make laws and ask about them as well.

In law, there is always the arguement: is the letter of the law most important or the spirit of the law. Here, the letter of the law seems to allow an action. The spirit of the law doesn;t. Which wins? How much money do you have?


How a law is interpreted and applied can be very different than what that bunch of words appear to infer.

Last edited by nap; 06-24-2008 at 07:18 AM.
nap is offline  
Old 06-24-2008, 08:54 AM   #27
Nick
 
pscinteriors's Avatar
 
Trade: remodeling
Join Date: May 2008
Location: Burien, WA
Posts: 34

Re: Underage Workers


Quote:
Originally Posted by artisanstone View Post
I started working on jobsites at fourteen.
Ive been working construction since i was 14 working as a Gopher on a roofing crew...was only summer job at first...Full time construction by 16...Thats how I have 17 years construction experiance at 31 yrs old(sometimes people ask)
pscinteriors is offline  
Old 12-02-2008, 02:06 AM   #28
New Guy
 
trinitybrown's Avatar
 
Trade: na
Join Date: Dec 2008
Location: UK
Posts: 10

Re: Underage Workers


You should not employ underage workers as it is against law and cause harm to your business in future
trinitybrown is offline  
Old 12-15-2008, 05:54 PM   #29
woodchuck2
 
woodchuck2's Avatar
 
Trade: Electrical Contractor&Home Maintenance
Join Date: Feb 2008
Location: North Creek, NY/Lower Adirondacks
Posts: 2,316

Re: Underage Workers


Hmmm, an old post . What the hell, i have hired under age kids for laborer's including my son and step-son. I find that if they are someone elses kid they will hustle and sometimes listen, but your own kids might better stay home. For me i let them run rakes, shovels, paint brush/roller, some ladders, pressure washer, lawn mowers, weed eaters, tampers, some drills,etc. No saws, no auto's, no air nailers, no equipment. It all depends on whether they have any common sense or not, start them out with small tasks/tools and let them work their way up to the bigger task/tool. As far as anything electrical they do nothing unless it involves a shovel and with me watching over their shoulder. I tend to work alone when wiring so it is my eyes and hands on the job. But for other jobs where i need a grunt then i hire a kid.
woodchuck2 is offline  
Old 12-15-2008, 06:03 PM   #30
Sophisticated Siding Guy.
 
thesidingpro's Avatar
 
Trade: Siding and Trim Specialist
Join Date: Jun 2007
Posts: 259

Re: Underage Workers


When I was 15 1/2 I started co-oping through the vocational school.

I framed and the first day the boss had me laying black felt on a 12 pitch.


I'd say it's a good idea to keep them on the ground and away from power tools.
__________________

thesidingpro is offline  
Old 12-15-2008, 08:36 PM   #31
Pro
 
forsmant's Avatar
 
Trade: General Contracting, Remodeling
Join Date: Dec 2008
Location: Omaha, NE
Posts: 149

Re: Underage Workers


I started siding houses when I was 15. Wasn't allowed to cut only hammer my thumbs.
forsmant is offline  
Old 12-15-2008, 09:36 PM   #32
Member
 
wazez's Avatar
 
Trade: masonry
Join Date: Oct 2008
Location: Northern IN
Posts: 61

Re: Underage Workers


If I'm 16 I may drive a 4 thousand pound hunk of metal down the highway and put dozens of other people in danger but no power tools as I might hurt myself? You can thank our wonderful goverment for !
Oh yeah I was finishing joints for dad before I went to school.
wazez is offline  
Old 12-18-2008, 09:54 PM   #33
Project Manager/Carpenter
 
TBFGhost's Avatar
 
Trade: Carpentry/Reno
Join Date: Oct 2008
Location: Lebanon, NJ
Posts: 3,269

Re: Underage Workers


....whoops, looks like I broke every rule in there....I worked for an excavating company at 14....I did everything from the three point stance, driving mason dumps around the job site, loading trucks with loaders and back-hoes, I brush hogged, chainsaws and logging...jack hammering in 100 degree summer heat all day...up in the bucket of a machine limbing trees, digging graves did lots of mixing by hand and machine....climbed down into septic tanks...worked around power lines,

almost got my head taken off once by a tracked hoe rotating to dump a load while digging a septic bed....I was running to get the laser from the truck...it was raining...i went to stop...I slid instead...the operator was already swinging...3 foot bucket stopped about one foot from my head......the list goes on....I am still here and alive....

Last edited by TBFGhost; 12-18-2008 at 09:57 PM.
TBFGhost is offline  
Old 07-23-2009, 08:45 AM   #34
Pro
 
Electric_Light's Avatar
 
Trade: student again
Join Date: Nov 2007
Location: helicopter
Posts: 717

Re: Underage Workers


Federal OSHA specifically prohibits operation of forklifts by anyone under 18, with the exception in the agriculture industry.
http://www.osha.gov/dts/shib/shib093003.html

In general, NIOSH considers them high risk.
http://www.cdc.gov/niosh/topics/youth/
If they get hurt, so does your company's wallet.

Oops... old old thread. was searching and came across

Last edited by Electric_Light; 07-23-2009 at 08:50 AM.
Electric_Light is offline  
Old 07-23-2009, 02:20 PM   #35
Pro
 
Tom Struble's Avatar
 
Trade: siding
Join Date: Mar 2007
Location: west milford n.j.
Posts: 8,887

Re: Underage Workers


most high schools have work/study programs,they can tell you what they can or cannot do
__________________
Tom
Tom Struble is online now  
Old 07-23-2009, 02:28 PM   #36
strat hd
 
strathd's Avatar
 
Trade: framing contractor , remodeler , GC occasionally
Join Date: Jan 2009
Location: NW Ohio
Posts: 1,696

Re: Underage Workers


I rarely hire guys under 21 when I'm framing. Most don't seem to have enough common sense to work safely.
strathd is offline  
Old 07-24-2009, 02:20 PM   #37
Interior Renovations
 
KellyD&B's Avatar
 
Trade: General Contractor
Join Date: May 2009
Location: Queens, NY
Posts: 220

Re: Underage Workers


I started working in construction when I was 16. I just needed a job and a friends dad offered me some work as his helper. I loved it. I had no idea I wanted to do this as a career. I would take on a teenager as a helper if it came up and I saw that he was interested in learning a trade. I was always thankful to my friends Dad and now 12 years later I still work with him now and then. I dont think I would hire a teenager as a carpenter though. They just dont have the experience.
KellyD&B is offline  
Old 07-26-2009, 12:35 PM   #38
Pro
 
MZ-HANDYMAN's Avatar
 
Trade: Custom Home Remodeling 30+ yrs
Join Date: Jun 2009
Posts: 356

Re: Underage Workers


KIDS ON CONSTRUCTION SITES = HELL NO!!!!

I was P.M. on a 2500 sq ft garage conversion and the electrician had a 16 yr old H.S. kid on a work program as his helper. (Anyone who uses a framing nailer will relate) There was a stray nail that bounced along the floor near the kid (Who was sitting on top of an 8' tall ladder) nail came from about 50 feet away and he went crying to the electrician saying that the guys were shooting nails at him. I knew nothing about it other than my Electricians had left about 45 minutes after arriving and it looked like they did all the work I wanted. Setting boxes without running wires.

I was getting tore a new B-hole by the boss the following Monday and had to stop him to ask what the heck he was talking about. Said the kid was making a big stink about it at work and at school. I told the boss I didn't want HILL ELECTRIC on any more of my projects! After that incident, none of the other PM's wanted them either.

A stray nail to a framing carpenter is like a plumber seeing a drip or an electrician seeing a spark.

NO KIDS ON THE JOB NO WAY NO HOW!!!

FYI: I started remodelling at 17 and by 19 was managing men twice my age.
PM=Project Manager
MZ-HANDYMAN

Last edited by MZ-HANDYMAN; 07-26-2009 at 12:38 PM.
MZ-HANDYMAN is offline  
Old 07-26-2009, 12:58 PM   #39
Pro
 
Warren's Avatar
 
Trade: framing/remodeling
Join Date: Feb 2005
Location: NE Ohio
Posts: 3,696

Re: Underage Workers


I have never hired anyone under age 18. I have however hired many who were 18 to 21. You generally have to take it slow and get a feel for what they can do and when. Lots of cleanup, hanger nailing,lumber toting,etc. I started working as an apprentice at 18 myself so I think it depends on the individual. Of course I also had 2 years in High school vocational program (whatever thats worth) and would frequently run a framing crew when I was 20 years old. Of course we were building some real basic condos then which didn't require a whole lot of skill.
Warren is offline  
Old 09-15-2009, 08:56 PM   #40
Repair/Remodeling Tech.
 
jproffer's Avatar
 
Trade: Repair and Remodeling Services
Join Date: Feb 2005
Location: Chester, IL
Posts: 736

Re: Underage Workers


Quote:
2. when that failed, they agreed to not allow the minors to operate the tools but felt that hodding wood or cleaning up and such is still alllowed and acted as such. IOSHA came back and said that as long as those saws are running, minors were not allowed in the same work area.
Jumping in kind of late here and the is sort of a rhetorical question...not aimed at anyone, really, but....


Define "same work area"

A 10ft radius around the saw? 20 ft? Anywhere on the construction lot? Same block? Same town? ok the last one is kind of silly, but you get what I'm saying.

Yes the people who make the laws are normally the farthest thing from common sense, but I think (even at the extreme) if the underage worker is outside the "sawdust spray" area, it'd be fine.

Of course that's JMO
__________________
Jim P.
jproffer is offline  


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Getting a waiver for workers comp is taking forever.. Dorman Painting General Discussion 1 05-06-2008 07:38 PM
Way around worker's comp? nadonailer Business 70 03-02-2008 05:18 PM
Workers Comp for GC and Framers 415moto Business 11 12-02-2007 11:54 AM

Join Now... It's Fast and FREE!

Privacy Badge
I am a professional contractor
I am a DIY Homeowner
ContractorTalk.com is for
PROFESSIONAL CONTRACTORS ONLY!

At ContractorTalk.com we cater exlusivly to professional contractors who make their living as a contractor. Knowing that many homeowners and DIYers are looking for a community to call home, we've created www.DIYChatroom.com DIY Chatroom is full of helpful advices and perfect for DIY homeowners.

Redirecing in 10 seconds
No Thanks
terms of service

Already Have an Account?