No More Excuses: Build Your Own Techs

Over the past several years, the NHADA has laid out all the gardening tools for you to grow your own auto techs:

Example—serve on HS and College advisory boards, allow HS students to job shadow, allow college students into job co-ops, have a mentor work with the tech students, use our job training grant, and on and on.

Amazingly, we’ve heard more excuses than there are February frost heaves from many shops as to why they can’t do this or do that to grow their own.  Well, with this note, I’m kicking off a series of blog posts which are going to put more holes in those excuses than road brine has put into a 2002 pickup truck. Ready? Buckle up for #NoMoreExcuses.

Excuse No. 1: 16 and 17 year-olds can't operate lifts under Dept. of Labor laws and 17 year-olds can't be driving.

False.

The NH Dept. of Labor Commissioner has made it clear when and how 17 year-olds can drive vehicles and 16- and 17-year-olds can operate lifts.

Seventeen-year-olds who are employed in the automobile service facilities are permitted to drive when the following standards/restrictions are met:

• The motor vehicle does not exceed 6000 pounds gross vehicle weight;
• Driving occurs during daylight hours;
• The 17-year-old has a state license valid for the type of driving involved in the job performed;
• The 17-year-old has completed a state-approved driver education course, with no record of moving violations at the time of hire;
• Driving takes place within a 30-mile radius of the 17-year-old's place of employment;
• The vehicle is equipped with a seat belt for the driver and any passengers, and the employer has given instruction to the 17-year-old that the seat belts must be used when driving;
• The driving is only occasional and incidental to the 17-year-old's employment. Occasional and incidental is defined by CLB No 101 and HO #2 as no more than one-third of the 17-year-old's work time in any workday, and no more than 20 percent of the 17-year-old's work time in any workweek.
  
  

However, the driving performed by the 17-year-old may not involve the following activities:

• Towing of vehicles;
• Route deliveries or route sales;
• Any transportation-for-hire of goods, passengers, or property;
• Urgent, time-sensitive deliveries;
• Transporting more than three passengers, including employees of the employer;
• Driving more than 30 miles from the 17-year-old's place of employment;
• More than two trips away from the primary place of employment in any single day to deliver goods of the employer's to customers;
• More than two trips away from the primary place of employment in any single day to transport passengers, other than employees of the employer.
  
  

16 and 17 year-olds can operate lifts and tire changers, and wheel balancers and…

The federal law does not specifically ban employed youths age 16 and 17 from auto and truck servicing shops. In fact, the USDOL operations guide clarifies that grease rack lifts used in gasoline service stations, tire stores and other establishments that service automobiles are not prohibited activities. The same handbook also indicates that service jacks, hand jacks, air compressors, tire changers, truck tire changers and wheel balancers are also all not prohibited activities

The federal standards do prohibited youth from engaging in the use of power-driven hoisting apparatus specifically, forklifts, non-automotive elevators, skid steers and steer loaders, backhoes, man-lifts, scissor lifts, cherry pickers, work-assist platforms, boon trucks and cranes.

In a letter, the then NH DOL Commissioner, James Craig, stated that, "activity falling within the above-referenced exceptions from the restrictions . . . would not be considered to violate the NH DOL regulation." He does note that the, "NH DOL cannot definitively speak to any possible/prospective US DOL consideration of the topic."

Shops still need to train and supervise youth employees and use caution

Any NHADA member employing youths under the age of 18 should do so with caution. According to the NH DOL interpretation of the US DOL statute and field operations handbook, 17-year-olds may drive as outlined above and 16- and 17-year-olds may operate lifts and other equipment as outlined above.

Please make sure that every employee, particularly youths, are properly trained and supervised on all equipment prior to use. Please ensure that youths understand what to do in the event of an injury. Please remember that youths must be drug tested before they begin work. Please note that the youth applicant as well as a parent or guardian must sign the pre-placement drug testing and consent form.

Applicable Laws and Rules

RSA 276-A and NH rules LAB 1000 set forth the requirements for youth employment in NH. LAB 1000 incorporates certain federal standards as set by the US Department of Labor (USDOL). Specifically, LAB 1003 requires that employers comply with certain federal orders that regulate youth employment in hazardous occupations, as dictated in the Child Labor Bulletin No 101 (CLB Nl 101) (http://bit.ly/CLB101) publication WH-1330, revised February 2013. CLB No 101 references and discusses 17 Hazardous Occupation orders (HOs), which delineate occupations determined too hazardous for minors under the age of 18 to work in. HO #2, as listed in the CLB No 101, addresses employed youths driving motor vehicles, and HO #7 addresses the use of hoisting apparatus by employed youths. There are some exemptions to certain HOs, including HO #2 and HO #7, that apply to employed minors of specified ages.

What's your excuse? We wan't to hear them.