Kansas
Hazardous Occupation Training
Introduction
| 2009 Schedule of H.O.T. Training Sessions | Slide Shows
|
HOSTA Task Sheets |
Fair Labor Standards Act
| Hazardous Occupation Orders for Agriculture
| Occupational Safety and Health Act
|
Teen
Worker Safety In Agriculture |
Resources For Instructors
Introduction
The Kansas Hazardous
Occupation Training (H.O.T) is conducted to provide compliance
with three pieces of federal legislation governing children
in occupational settings. The Fair Labor Standards Act (FLSA),
Hazardous Occupation Orders for Agriculture (HOOA), and Occupational
Safety and Health Act (OSHA) were established to provide protection
for children in occupational settings.
In order for youth
ages 14 and 15 to work for hire, they must pass a 4-H (or
similar) safe tractor and machinery operation program or complete
a similar course conducted as part of a high school agriculture
program.
The Kansas Hazardous
Occupation Training (H.O.T.) program, offered through county
offices of K-State Research and Extension, may fulfill the training
requirements of the HOOA law. The objectives of the H.O.T.
program are:
- To provide trainees
with knowledge of tractor, machinery, and other farm hazards
to reduce the farm accident rate.
- To provide trainees
with sufficient information to pass a written examination.
- And to provide
trainees an opportunity to demonstrate their ability to
pass a safe tractor driving examination.
Youth who are under
age 14 may take the course with the instructor's permission, however they must be 14 to receive
a Certificate of Training.
2009
Schedule of H.O.T. Training Sessions
Fair
Labor Standards Act
The
Fair Labor Standards Act (FLSA) as amended, sets labor standards
for children younger than 16 years of age. The FLSA covers
minimum wages, work limits, maximum hours of work and prohibited
hazardous tasks. Child labor provisions of this Act are designed
to protect the educational opportunities of minors and prohibit
their employment in conditions that could harm their health
or well-being. Child labor provisions of the Act apply to
the employment of all children, migrant as well as local resident
in any labor, with or without pay, the exteption being parents
or guardians employing their own children. Fines for child
labor violations can be up to $10,000.
Hazardous
Occupation Orders for Agriculture
The
Hazardous Occupations Order for Agriculture (HOOA) applies
to the Fair Labor Standards Act for children under the age
of 16 years employed by someone other than parents or guardians.
The HOOA does not apply to children under 16 years of age
employed "by their parents, or by persons standing in
the place of their parents on farms owned or operated by such
parents or persons."
The HOOA restricts
minors under 16 years of age from the following 11 (eleven)
tasks:
- Operating a
tractor over 20 horsepower*
- Operating a
variety of farm machinery* -- Corn picker, cotton picker,
grain combine, hay mower, forage harvester, hay baler, potato
digger, mobile pea viner, feed grinder, crop dryer, forage
blower, auger conveyor, or the unloading mechanism of a
nongravity-type self-unloading wagon or trailer; power post-hole
digger, power post driver, nonwalking-type rotary tiller.
- Operating the
following machines: Trencher or earthmoving equipment; fork
lift; potato combine; power-driven circular, band, or chain
saw.
- Working in a
yard with certain animals: Working on a farm in a yard pen,
or stall occupied by a -- bull, boar, or stud horse maintained
for breeding purposes; or sow with suckling pigs or a cow
with a newborn calf.
- Harvesting timber
- Working on a
ladder over 20 feet
- Driving a vehicle
with passengers or riding on a tractor
- Working in confinement
buildings under certain circumstances
- Handling or
applying agricultural chemicals
- Handling or
using a blasting agent
- Using anhydrous
ammonia
* Listed items
with an asterisk (*) indicate that minors age 14 and 15, who
hold certificates of completion of their tractor and/or machinery
operation program may work in the occupations for which they
have been trained. Farmers employing minors who have completed
this program must keep a copy of the certificates of completion
on file with the minor's records.
Occupational
Safety and Health Act
The 1970 Occupational
Safety and Health Act created the occupational Safety and
Health Administration which is responsible for overseeing
workplace safety and health. All agricultural operations of
one or more workers engaged in a business that affects interstate
commerce must comply with OSHA regulations except 1) farm
operations employing their own family members, and 2) farm
operations which have ten (10) or fewer employees during the
previous 12 months and do not maintain a migrant labor camp.