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Restaurant Safety for Teen Workers |
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Standards |
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Restaurant safety for teen workers is addressed in
specific standards for the general industry. This page highlights OSHA
standards, standard interpretations (official letters of
interpretation of the standards), and other federal standards related to restaurant safety for teen workers.
OSHA
Section 5(a)(1) of the OSH Act, often referred to as the General Duty
Clause, requires employers to "furnish to each of his employees employment and a
place of employment which are free from recognized hazards that are causing or
are likely to cause death or serious physical harm to his employees". Section
5(a)(2) requires employers to "comply with occupational safety and health
standards promulgated under this Act".
Note: Twenty-four states, Puerto Rico and the Virgin
Islands have
OSHA-approved State Plans and have adopted their own standards and
enforcement policies. For the most part, these States adopt standards that are
identical to Federal OSHA. However, some States have adopted different standards
applicable to this topic or may have different enforcement policies. |
Frequently Cited Standards
The following standards, in order, were the most frequently cited by Federal OSHA
from October
2006 through September 2007, in Eating Places
Industry Group (SIC Code 5812).
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1910.1200, Hazard communication [related
topic page]
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1910.305, Wiring methods, components, and equipment for general use [related topic page]
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1910.132, Personal protective equipment, general requirements [related
topic page]
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1910.303, Electrical, general requirements [related
topic page]
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1910.157, Portable fire extinguishers [related
topic page]
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1910.37, Electrical protective devices [related
topic page]
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1910.22, Walking-working surfaces, general requirements [related
topic page]
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1910.151, Medical services and first aid [related
topic page]
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1910.36, Design and construction requirements for exit routes
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1910.133, Eye and face protection [related
topic page]
Standard Interpretations
Other Federal
Note: These are NOT OSHA regulations. However, they do provide guidance from their originating organizations related to worker protection.
Department of Labor (DOL)
Adolescent workers are protected by two laws enforced by DOL:
The
Fair
Labor Standards Act (FLSA), and the
Occupational Safety and Health Act (OSH) Act. Each
state
also has child labor laws.
- Employers must comply with both federal and state laws. When federal and state standards are different,
the rules that provide the most protection to youth workers will apply. For
additional information, see
child labor laws listed by state.
Federal laws provide guidance for employment of youth workers in both agricultural and non-agricultural
jobs.
- Federal child labor rules are established by the
Fair Labor Standards
Act (FLSA). The FLSA child labor provisions are designed to protect the educational opportunities of youth
and prohibit their employment in jobs and under conditions detrimental to their health or safety.
Once a teen reaches age 18, federal child labor rules no longer apply.
- For information on non-agricultural youth workers see:
hours permitted and
jobs permitted,
some exemptions
exist. For example, if you are 14 to 15 years old, tasks you may not perform
jobs in the food service industry such as:
- Cooking, except at soda fountains, lunch counters, snack bars, and cafeteria serving counters;
- Baking;
- Operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers, grinders,
choppers, cutters, and bakery mixers;
- Operating Neico broilers, pressurized fryers, rotisseries, lawn mowers and "weed whackers".
- Working in freezers or meat coolers.
- Outside window washing, or work standing on a window sill, ladder, scaffold, or similar equipment.
- Loading or unloading goods on or off trucks, railcars, or conveyors.
Hazardous Jobs (for non-agricultural occupations): Teens younger than age 18 may
not work in or with occupations defined as Hazardous Occupations (HO). Hazardous occupations that may be
represented in the restaurant industry and are not allowed for employees younger than 18 include:
- 29 CFR 570.52,
Occupations of motor-vehicle driver and outside helper (Order 2)
- 29 CFR 570.58,
Occupations involved in the operation of power-driven hoisting apparatus (Order 7)
- 29 CFR 570.61,
Occupations in the operation of power-driven meat-processing machines and occupations involving slaughtering, meat packing or processing, or rendering (Order 10)
- 29 CFR 570.62,
Occupations involved in the operation of bakery machines (Order 11)
For additional information information about Hazardous Occupations and the FLSA
see the following DOL sites:
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Youth Employment Provisions for Nonagricultural Occupations Under the Fair Labor Standards Act.
Child Labor
Bulletin 101, (2005, February), 274 KB
PDF, 27 pages.
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29 CFR 570, Child Labor Regulations, Orders and Statements of Interpretation
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Important Change in the Child Labor Laws Affecting Hazardous
Occupations Order No. 12
- Restaurants and Fast Food Establishments Under the Fair Labor Standards Act (FLSA).
Fact Sheet #2, (2007, November), 38 KB
PDF,
2 pages.
- Youth Minimum Wage - Fair Labor Standards Act. Fact Sheet #32,
(2007, November), 37 KB
PDF,
3 pages.
- Youth Employment Provision and Driving Automobiles and Trucks under the Fair Labor Standards (FLSA).
Fact Sheet #34: Hazardous Occupations Order No. 2, (2007, November),
44 KB PDF,
2 pages.
- Fast Food, Full Service Restaurant, and Supermarket Industries Child Labor Compliance Survey. Fact Sheet #41,
(2007, November), 37 KB
PDF,
3 pages.
- Youth Employment Provisions of the Fair Labor Standards Act (FLSA) For Nonagricultural Occupations.
Fact Sheet #43, (2007, November), 63 KB
PDF,
5 pages.
- YouthRules! Employer Pocket Guides
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