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Restaurant Safety for Teen Workers Restaurant Safety for Teen Workers
Standards

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).
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:
  • Youth Employment Provisions for Nonagricultural Occupations Under the Fair Labor Standards Act. Child Labor Bulletin 101, (2005, February), 274 KB PDF, 27 pages.
  • 29 CFR 570, Child Labor Regulations, Orders and Statements of Interpretation
  • 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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Content Reviewed 07/08/2005
 
 


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