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National Wage and Hour Clearinghouse

Agriculture child labor regulations online

Monday, December 28, 2009

It may be helpful for agricultural producers to know that regulations on child ag labor are now available online.

The U.S. Department of Labor now offers an advisory on child labor on farms in the newest version of its Employment Law Guide, which was released at the end of November.

Children who work on their parent’s farm are still allowed to do just about any agricultural work in Colorado, and federal Fair Labor Standards Act rules to not apply to them, according to the site.

However, the rules do apply to kids under 16 if they work anywhere but their family farm or ranch.

Colorado child labor laws set a minimum age of 12 for ag work, but that is only outside of school hours. A person must be at least 16 to work during school hours.

Generally, those under 18 cannot work more than eight hours a day and 40 hours a week, but during seasonal employment to get crops in minors 14 or older may work up to 12 hours in a 24-hour period and up to 30 hours in a 72-hour period.

They may not work more than eight hours a day for more than 10 days in any 30-day period.
Kids who are 14 and 15 can work before or after school, but there are certain jobs they cannot do, mainly centered around dangerous machinery.

No youth under 16 years of age may be employed at any time in any of those hazardous occupations in agriculture (HO/A) unless specifically exempt. Those include operating a tractor with over 20 PTO (Power-Take-Off) horsepower or riding on a tractor as a passenger or helper; or connecting or disconnecting implements or parts to such a tractor; operating or helping to operate a corn picker, a grain combine, a hay mower, a forage harvester, a hay baler, a potato digger, a feed grinder, a crop dryer, a forage blower, an auger conveyor, or the unloading mechanism of a non-gravity-type self-unloading wagon or trailer; or a power post-hole digger, power post driver or nonwalking-type rotary tiller.
They also cannot operate or assist with earthmoving equipment, a forklift, a power-driven circular, band or chain saw.

Children under 16 cannot work anywhere containing a bull, boar or stud horse maintained for breeding purposes, a sow with suckling pigs or a newborn calf with umbilical cord present.

They are not allowed to work in an upright silo within two weeks after silage has been added or when a top unloading device is in operating position or work in a manure pit.

They also may not work with classified agricultural chemicals or blasting agents.

There are other regulations, so check the DOL Web site.
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