The Special Legal Obligations & How to Comply With Them
In principle, the measures employers must take to protect their workers are based on the nature of the job rather than the person who performs it. All workers are entitled to the same protections from the hazards of their jobs. But in practice, some workers require special protections because their personal characteristics make them more vulnerable to illness and injury. For example, the laws require employers to take special steps to protect pregnant workers (See, Insider, Vol. 4, Issues 10 and 11.) Another kind of worker who requires special protection is the young worker. Why? Young workers aren’t used to the workplace and its safety rules. They’re also likely to be performing tasks, using tools and operating equipment with which they’re unfamiliar. And they may be reluctant to ask questions.
This time of year, as many companies make arrangements to hire young workers for the summer, is an appropriate occasion for safety coordinators to ensure that their companies understand and are prepared to provide the safety protections the law requires for young workers. This article will explain these protections and how to comply with the law’s requirements. There’s also a chart outlining the protections for young workers in each jurisdiction.
ONLINE RESOURCE: Click here and you can download a checklist for a young worker safety orientation.
Defining Our Terms
Who’s a “young worker”? Statistically, workers under the age of 25 are most at risk—they’re 33% more likely to suffer a job-related injury or illness than an older worker. But special legal protections are generally provided only for workers ages 12 to 17. (Exceptions: BC has special protections for workers under 25 and Québec has protections for workers under 20.) In this article, when we refer to “young” workers, we’re talking about minors—that is, workers under age 18.
WHAT THE LAW SAYS
Protections for young workers come from two sets of laws: the employment standards laws and the OHS laws. Let’s look at the protections in each.
The Employment Standards Laws
The primary source of protection for young workers is the employment standards laws (sometimes called labour standards laws). Employment standards laws deal with the terms of employment, such as wages and hours, and don’t address specific kinds of workplace hazards the way OHS laws do. Still, the restrictions in employment standards laws protect the safety of young workers by limiting the kinds of jobs you can assign them to do—or even whether you can hire them at all.
Every jurisdiction restricts the employment of workers under 18. These restrictions are generally tiered by age. For example, hiring a person under 12 for any job is often completely barred. Strict limits are set for individuals 12-16, while the limits for those 17 and older are less rigid.
For each age group, there are generally two kinds of limits:
Industry and work limits. Most employment standards laws limit the industries in which young workers may be employed and the types of work they can do. The chief reason for these limits is safety. The industries from which young workers are typically barred are some of the most dangerous, such as construction and mining. The same is true for the kinds of jobs young workers are barred from doing. For example, Manitoba’s Employment Standards Regs. bar young workers from doing work involving the abatement or removal of asbestos or from working in confined spaces.
In addition, many jurisdictions’ laws include general catch-all language barring employers from hiring young workers for work that’s dangerous. For example, the federal Canada Labour Standards Regs. bar employers from hiring a worker under 17 if the work he’s hired to do is “likely to be injurious to his health or to endanger his safety.” And PEI’s Youth Employment Act bars employment of workers under 16 for work that “is or is likely to be harmful to the health or safety, or moral or physical development of the young person.”
Hour limits. The employment standards laws also limit the hours young workers may work. These limits apply to both the total number of hours they may work as well as the hours of the day they’re allowed to work. For example, Alberta’s Employment Standards Regs. bar employers from working an “adolescent”—that is, a person at least 12 but under 15—for longer than two hours on a school day and eight hours on a non-school day. It also bars adolescents from working during normal school hours and from 9 pm to 6 am on any day.
The OHS Laws
The OHS laws require employers to take reasonable steps to ensure the safety of all workers, regardless of age. Thus, young workers are entitled to the same protections and have the same rights as older workers, such as the right to receive training and refuse dangerous work. However, four jurisdictions—BC, ON, QC and SK—provide additional protections for young workers in their OHS laws:
HOW TO COMPLY
To comply with the special protections for young workers contained in both the OHS and employment standards laws, take the following four steps:
Step #1: Ensure Company Can Legally Employ Young Workers
Make sure that the company is legally allowed to hire young workers to do a job before you hire them. There are three factors you must consider:
Step #2: Get Permit, Consent if Needed
If you’ve determined that it’s legal for your company to hire a young worker for the position, find out whether you need to get a permit for that worker or the consent of the worker’s parents. In some cases, the worker must get the permit; in others, it’s the employer’s responsibility. For example, in Alberta, a worker between 12 and 14 must get a permit to work, while in Manitoba, the employer must apply for a permit to hire a worker under 16. The failure to get the required permits or parental consent can be costly.
Example: An Alberta museum hired a 14-year-old boy and assigned him the job of sandblasting a truck box. While doing the work, the box fell on him, crushing him to death. The museum and its director were charged under the Alberta Employment Standards Code with hiring a worker under 15-years-old without his parents’ consent and with having that worker work in an environment that could be dangerous to his life, health, education or welfare. The museum was also charged with 10 violations of the OHS Act. The museum and director were convicted. The court imposed the maximum penalty—$500,000 [R. v. Reynolds Museum Ltd.].
Step #3: Provide a Safety Orientation
BC is the only jurisdiction that specifically requires employers to provide a safety orientation for young workers (BC employers must provide an orientation for new workers, too). But even if your company isn’t based in BC, providing such an orientation is still highly advisable to ensure that young workers have a solid safety foundation before they start work. And some jurisdictions recommend a safety orientation for young workers, even though they don’t require one. For example, PEI’s WCB published a guide for employers on young workers that recommends giving them a safety orientation.
A general safety orientation should provide basic information about safety issues common to all workers, such as fundamental safety rules, the location of first aid kits and emergency procedures. Young workers should also get an orientation on the specific hazards of the jobs they’ll be doing. Give young workers at least an overview of key safety issues and information on their first day and a general safety orientation within their first day or two on the job. And as workers are trained on how to perform their new jobs, provide additional safety training when they first encounter each new hazard.
ONLINE RESOURCE: Click here to download a young worker safety orientation checklist based on one from PEI.
In addition, put certain safety information in writing and distribute it to young workers, such as the company’s OHS policy and safety rules. But don’t just hand out some written materials, tell young workers to read the materials and call it a day. You must also go over the safety information with them and ensure that they understand it.
Insider Says: BC has detailed requirements for the safety orientation for young (and new) workers. For more information on BC’s requirements, see Insider, Vol. 4, Issue 2.
Step #4: Properly Schedule Young Workers’ Hours
Once a young worker starts the job, make sure that the company complies with the limits on hours for young workers. For example, during the school year, don’t schedule young workers to work when they should be at school or late at night on weekdays. You should also be careful not to overwork young workers. Check the law in your jurisdiction to see what the limit is on the total number of hours—both per day and per week—that a young worker may work. For example, NB bars workers under 16 from working more than six hours a day while NL and NS allow young workers to work up to eight hours a day. And PEI bars young workers from working more than 40 hours a week.
Conclusion
As safety coordinator, it’s up to you to ensure that your company adequately protects all workers. And, if workers are especially vulnerable, they require special attention. Few workers are more vulnerable than those who are young. And more and more young workers are getting jobs. For example, a recent study found that half of Ontario youth between 12 and 14 have jobs and in BC, 42% of that same age group work. So it’s likely that young people may apply for positions at your company, especially for this summer. Thus, it’s incumbent on you to make sure that the company only hires young workers when it can legally do so and that it complies with all special protections for young workers that it does hire.
SHOW YOUR LAWYER
R. v. Reynolds Museum Ltd., AB Govt. News Release, July 13, 2006
Know The Laws of Your Province
Young Worker Protections
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