Livingston Job Service Workforce Center

THINGS YOU SHOULD KNOW FOR SUCCESS ON THE JOB

Am I considered a "Minor"? Do the Child Labor Laws apply to me? What exactly is "Employment"? Do I need a work permit? What hours can I work? Is it OK to do ANY kind of work? What kinds of work CAN I do?	What else am I NOT allowed to do? What are my rights on the job? What are my job responsibilities? What hazards should I watch out for? What about getting hurt or sick on the job? Where can I get help with a job problem? Who should I contact for information?
Here's more great information for Summer Job Success, Click Here

Am I considered a "Minor"?

According to State of Montana Laws, the term "Minor" is defined as an individual under 18 years of age, EXCEPT for an individual who:
(a) has received a high school diploma or has received a passing score on the general education development examination; or
(b) is 16 years of age or older and is enrolled in a registered state or federal apprenticeship program.

Do the Child Labor Laws apply to me?

State of Montana and Federal Child Labor Laws apply to ALL persons who are under 18 years of age.

Only 14 and 15 Year Olds are restricted on their Working Hours.

ALL workers under age 18 May NOT work in Hazardous Occupations

Exceptions are:

Workers 14 and 15 years may perform work in any* Agricultural employment if ALL of the following conditions are met:

Must be enrolled in a K-12 career and vocational/technical education training program in agriculture under a recognized state or local educational authority or in a substantially similar program conducted by a private school.
Must be employed under a written agreement, providing that the work of the student-learner is secondary to the training; the work must be intermittent, for short periods of time, and under the direct and close supervision of a qualified and experienced person;
Safety instruction must be given by the school and associated by the employer with on-the-job training; and a schedule of organized and progressive work processes to be performed on the job has been prepared;
The written agreement must contain the name of the student-learner and signed by both the employer and the school coordinator or principal with copies of each agreement kept on file both by the educational authority or school and also by the employer.

*These prohibitions do not apply to the employment of a minor who is 14 or 15 years of age in those occupations in which the minor has successfully completed a work training program, including safety instruction and training in the use of machinery, under the 4-H program of the federal extension service, a program of the United States department of education, or a similar program if the safety program has been approved by the department and if the minor is employed outside school hours on the equipment for which the minor has been trained.

Workers 16 and older may perform work in any Agricultural employment.

16 and 17 year old apprentices or student-learners* may work in any occupation if ALL of the following conditions are met:

Apprentices:

Must be employed in a craft recognized as an apprenticeable trade;
The work done must be secondary to the training;
The work must be intermittent, for short periods of time, and under the direct and close supervision of a journeyman as a necessary part of the apprentice training;
Must be registered by the bureau of apprenticeship and training of the United States department of labor as employed in accordance with the standards established by that bureau, or is registered by the department as employed in accordance with the standards of the department;

Student-learners*:

Must be enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority, or in a course of study in a substantially similar program conducted by a private school;
Must be employed under a written agreement, providing that the work of the student-learner is secondary to the training;
The work must be intermittent, for short periods of time, and under the direct and close supervision of a qualified and experienced person;
Safety instruction must be given by the school and associated by the employer with on-the-job training; and a schedule of organized and progressive work processes to be performed on the job has been prepared;
The written agreement must contain the name of the student-learner and signed by both the employer and the school coordinator or principal with copies of each agreement kept on file both by the educational authority or school and also by the employer.

*The exemption for student-learners as described above may be revoked by the department in any situation if the department finds that reasonable precautions have not been observed for the safety of the student under the exemption.

*A high school graduate who is 16 or 17 years of age may be employed in any occupation in which the graduate has completed training as a student-learner.

What is Employment?

Most of us think of the term "Employment" as simply Work. But, employment is more than that. In simplest terms, employment is generally considered to be work that is either paid (or un-paid) whether with money or by some other item/s of value, that is performed in an occupation as an employee or independent contractor.

The terms "Employed" or "Employment" DO NOT mean any kind of work done on a casual basis, as community service, or as non-revenue raising, un-paid or volunteer activities.

Do I need a work permit?

Generally speaking, No.
You should however, check with your school's guidance counselor, work-based learning coordinator, or The Montana Apprenticeship & Training Program for more information about written agreements that may be necessary for student learners and apprentices.

What Are My Rights on the Job?

By law, your employer must provide:

A safe and healthful workplace.
Safety and health training, in many situations, including providing information on chemicals that could be harmful to your health.
For many jobs, payment for medical care if you get hurt or sick because of your job. You may also be entitled to lost wages.
At least the Montana State minimum wage of $6.25 per hour (increases to $6.55 per hour on 7/24/08), for most teens. There are some exceptions where lower wages may be allowed for certain workers. Call Us for more information on minimum wages.

Although you have the right to report and speak up about workplace problems, it is your responsibility to first report any problem to your supervisor and/or follow all company policies and procedures BEFORE reporting problems to other outside agencies.

You also have a right to:

Report safety problems to OSHA.
Work without racial, sexual or other types of harassment.
Refuse to work if the job is immediately dangerous to your life or health.
Join or organize a union.
You have a right to speak up!

In Montana, it is unlawful for your employer to fire or punish you for reporting a workplace problem.
For more information about teen worker rights, please visit http://www.osha.gov/SLTC/teenworkers/rights.html

Is It OK to Do Any Kind of Work?

No. There are laws that protect teens from doing dangerous work.

No worker under 18 may:

Drive a motor vehicle as a regular part of the job or operate a forklift at any time.
Operate many types of powered equipment like circular or power saws, box crushers, meat slicers, or bakery machines.
Work in wrecking, demolition, excavation, or roofing.
Work in mining, logging, or a sawmill.
Work in meat-packing or slaughtering.
Work where there is exposure to radiation.
Work where explosives are manufactured or stored.

Also, no one 14 or 15 years old may:

Bake or cook on the job (except at a serving counter).
Operate power-driven machinery, except certain types which pose little hazard such as those used in offices.
Work on a ladder or scaffold.
Work in warehouses.
Work in construction, building, or manufacturing.
Load or unload a truck, railroad car, or conveyor.

What else am I not allowed to do?

If you are under age 16, there are many other restrictions regarding the type of work you can and cannot do. If you are under age 14, there are even stricter laws to protect your health and safety.

Here are some other types of work that Teens are not allowed to do.

All States have their own child labor laws which can be stricter than federal laws. If you feel unsafe or unsure about a job you are doing or applying for, it's a good idea to check with your school counselor, a Job Service Workforce Consultant, or the Montana Department of Labor & Industry to make sure the job is allowed.

What Are My Responsibilities on the Job?

To work responsibly you should:

Obey your employer's company policies & procedures.
Follow all safety rules and instructions.
Participate in all safety training.
Use all provided safety equipment and protective clothing when needed.
Pay attention that your co-workers also work safely.
Keep all work areas neat and clean.
Know what to do in the event of an emergency.
Report any health or safety hazard to your supervisor.
Never do a task that is potentially dangerous to your health or safety.

For a Hazard Alert on preventing injuries and deaths of adolescent workers or for information on specific workplace hazards, contact NIOSH at 1-800-35-NIOSH (1-800-356-4674) and ask for Report #95-125 or visit the NIOSH homepage at http://www.cdc.gov/niosh/homepage.html

What Hours Can I Work?

Federal child labor laws protect younger teens from working too long, too late, or too early. Montana has laws on the hours that teens may work.

Workers 16 and older are NOT restricted on the hours they may work.

Workers 14 and 15 years old are restricted by the hours shown below.
(Note that there are exceptions for students in work experience programs.)

Work Hours	Not before 7 a.m. or after 7 p.m. (except as listed below) May work 7 a.m.-9 p.m. June 1 through Labor Day Not any time during school hours (except as listed below) A minor who is 14 or 15 years of age and who is enrolled in and employed pursuant to a school-supervised and school-administered work experience or career exploration program approved by the Department or the Office of Public Instruction may be employed up to 23 hours in 1-week when the program is in session; any portion of which may be during school hours.
Maximum Hours When School Is In Session	3-hours per day on school days 8-hours per day on non-school days 18-hours per week, but not over: 40-hours per week in non-school weeks
Maximum Hours When School Is Not in Session	8-hours per day 40-hours per week

Getting Hurt or Sick on the Job

Every year about 70 teens die from work injuries in the United States. Another 70,000 get hurt badly enough that they go to a hospital emergency room.

Here are some examples of serious on-the-job injuries.
Can you spot the things that these workers should not have done?

A 16-year-old caught her hand in an electric cabbage shredder at a fast food restaurant. Her hand was permanently disfigured and she'll never have full use of it again.
A 17-year-old lost his life while working as a construction helper. An electric shock killed him when he climbed a metal ladder to hand an electric drill to another worker.
A 16-year-old was assaulted and robbed at gunpoint at a sandwich shop. She was working alone after 11 p.m.

Why do injuries like these occur?
Teen workers are often injured on the job due to unsafe equipment, stressful or unsafe conditions, and fast-paced working conditions. Also teens may not receive adequate safety training and/or supervision.

As a teen worker, you are much more likely to be injured when:

Working in a job that you are not allowed to do by law.
Occasionally doing some task at work that you know you shouldn't be doing.
Working alone or unsupervised.
Working at a unsafe pace.
You haven't been properly trained in your workplace's safety practices and procedures.

For more information about job safety, please visit http://www.osha.gov/SLTC/youth/summerjobs/index.html

What Hazards Should I Watch Out For?

Type of Work	Examples of Hazards
Janitor/Clean-up	Toxic chemicals in cleaning products Blood on discarded items Worn or broken equipment Wet floors Heavy lifting
Food Service	Slippery floors Hot cooking equipment Sharp objects Food processing machinery Cold storage items
Retail/Sales	Heavy lifting Boxes stacked high up Sharp objects Machinery such as box balers & forklifts Criminal Activity
Office/Clerical	Lifting and reaching Overloaded power strips Cables and cords Worn or broken chairs Poor computer work station design

For more information about workplace hazards, please visit:
http://www.osha.gov/SLTC/teenworkers/hazards.html

What If I Need Help With A Job Problem?

Talk to your boss about the problem.
Talk to your parents or teachers.
Talk to a Job Service Workforce Consultant

For more information on labor laws, rules and workplace safety or to file a complaint, visit:

Department of Labor & Industry - Workforce Services Division Livingston Job Service Workforce Center

Department of Labor & Industry - Workforce Services Division
Livingston Job Service Workforce Center