Hazardous Occupations To Which The General Exemptions Apply
Hazardous Occupations to Which the General Exemptions Do NOT Apply
There have been some important changes to the Child Labor Laws affecting Hazardous Occupation Orders No. 2 and No. 12. The Texas Child Labor Laws restrict the types of occupations that minors under 18 years of age may perform. One such provision, Hazardous Occupation Order No.2 (HO 2), prohibits minors under 18 years of age from driving motor vehicles on public roadways unless conditions for certain exemptions are met. Another provision, Hazardous Occupation Order No. 12 (HO 12), prohibits minors under 18 years of age from operating, loading or unloading certain powerdriven paper processing machines, including scrap paper balers and paper box compactors. Two amendments to the Fair Labor Standards Act were adopted by the Texas Workforce Commission by rule effective April 22, 1999. One amendment modified HO No. 2, setting the minimum age of 17 for any onthejob driving on public roadways. Another amendment modified HO No. 12, to permit minors 16 years of age or older to load, but not operate or unload, certain scrap paper balers and paper box compactors. Changes to Hazardous Order No. 2: No employee under 17 years of age may drive on public roadways as part of their employment. Seventeenyearolds may drive on public roadways as part of their employment, but ONLY if all the following requirements are met:
The driving may not involve:
The above requirements apply whether the youth is driving a personal or employerowned vehicle. Employers can guard against violations of the new requirements by securing documentation from 17yearold employees who drive as part of their job. Such documentation would include evidence of the employee’s age, completion of a driver education course, clean driving record and appropriate State driver’s license. Changes to Hazardous Order No. 12: Minors 16 years of age or older are permitted to load but not operate or unload certain scrap paper balers and paper box compactors, but ONLY if all the following requirements are met:
It is the responsibility of the employer to make the initial determination that the equipment to be loaded by 16 and 17year olds meet the appropriate ANSI standards. It is also the employer’s responsibility to provide the notice and post it on each piece of equipment which is loaded by 16 or 17year old workers. The amendment also requires that all employers subject to the FLSA submit a report to the Secretary of Labor when an injury that requires medical treatment (other than first aid) or death to an employee under 18 years of age occurs as a result of contact with a scrap paper baler or a paper box compactor during the loading, operation, or unloading of the equipment. This reporting obligation, which remains in effect for two years after the enactment of the amendment, requires that such report be submitted within ten days of the occurrence of the injury or death. The Child Labor Law Unit of the Texas Workforce Commission is developing guidelines and information to facilitate compliance. The Federal government also sets standards for child labor and teen drivers. When both Federal and State laws apply, the law setting the more stringent standard must be observed. For information regarding the Federal child labor standards, contact your local office of the Department of Labor Wage and Hour Division. For more information regarding HO No. 2 or HO No. 12 or any other child labor matter, please contact the Child Labor Law Unit of the Texas Workforce Commission.
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