The Labor Department has published final
regulations implementing changes to employment rules for youth.
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The rules incorporate into the regulations the provisions of two statutory
amendments to the Fair Labor Standards Act that deal with driving and the operation
of compactors and balers by teenage employees. The first statutory change established
criteria permitting 16 and 17-year-olds to load, but not operate or unload,
certain waste-material baling and compacting equipment. The second statutory
change delineated what limited on-the-job driving may be performed by qualified
17-year-olds.
Provisions also update youth employment provisions regarding what types of
cooking 14- and 15-year olds are permitted to perform. The new rules now permit
those minors to clean and maintain cooking devices in some situations.
The rules also expand the current prohibition against youth under age 18 working
in roofing occupations to encompass all work on or about a roof, including work
performed upon or in close proximity to a roof. Under the new provisions, youth
may only perform such work if in an apprenticeship or student-learner program.
The department published the rules following the review of comments received
in response to a Notice of Proposed Rulemaking. The final rules address some
of the recommendations made by NIOSH in a report to the department in May 2002.
The rules become effective February 14, 2005.
The department has also revised existing compliance assistance materials to
comport with these new rules. These materials may be found at www.youthrules.dol.gov.