Department of Labor Issues Final Rule on Child Labor Regulations

VHCA (8/27/2010)

The Wage and Hour division of the Department of Labor issued a final rule on child labor laws on May 20, 2010.   The rule, which became effective on July 19th, essentially states that individuals under 18 years of age cannot use “hoists” which, per DOL’s Wage and Hour division, include patient lifts.   This point is clarified in the Wage and Hour division’s July 2010 “Fact Sheet #52 -- The Employment of Youth in the Health Care Industry (question #8)”.
 
According to the example in the Fact Sheet, if a 17-year-old orderly at a private hospital assists the nurse in moving a patient from her bed to a chair using a power-driven patient hoist/lift this violates the provisions of the FLSA child labor rules which prohibit workers under 18 years of age from operating or assisting in the operation of most hoists.   Prior to July 19, 2010, the child labor provisions included an exemption that permitted 16- and 17-year-olds to operate electric- and air-powered hoists of less than one ton capacity, but this exemption has been repealed. (Please take the time to review the Fact Sheet to ensure that any underage employees are not assisting residents with lifts.)

This fact sheet provides guidance regarding common child labor violations found by the Wage and Hour Division during investigations in the health care industry. Most violations of the FLSA’s child labor provisions in the long-term care industry occur in the dietary and housekeeping departments. Minors must be at least 14-years-old to be employed in non-agricultural workplaces. There are limitations on the number of hours and times of day that 14- and 15-year-olds may work as well as the types of jobs they may perform. The FLSA does not restrict the hours that minors 16 years of age or older may work. However, minors aged 16 and 17 may not perform tasks that are deemed too hazardous for them to perform.

This Final Rule revises the child labor regulations to incorporate statutory amendments to the Fair Labor Standards Act, updates and clarifies the regulations that establish protections for youth employed in nonagricultural occupations.  The revised regulations substantially increase the maximum permissible civil money penalty an employer may be assessed for child labor violations that cause the death or serious injury of a young worker.