Whether a 17-year-old can work in construction depends on federal and state labor laws designed to protect young workers. The construction industry is heavily regulated for minors due to the high risk of serious injury from physical tasks and heavy machinery. While a 17-year-old can be employed, their duties are severely restricted to non-hazardous tasks. They are specifically prohibited from engaging in many common construction activities.
The Dual Legal Framework for Minor Employment
The employment of minors is governed by a layered system of regulation, primarily the federal Fair Labor Standards Act (FLSA) and individual state child labor laws. The FLSA establishes the base standard for employment, including minimum age requirements and restrictions on hours and hazardous occupations. State laws often impose additional or more stringent requirements for permits, hours, and prohibited tasks. When federal and state laws differ, employers must follow the standard that is most protective of the minor. The Department of Labor’s (DOL) Wage and Hour Division enforces the FLSA and ensures compliance with these overlapping rules.
Understanding Hazardous Occupations Orders
The federal government enforces Hazardous Occupations Orders (HOs), which prohibit all employees under the age of 18 from working in specific dangerous jobs. These HOs are the primary mechanism restricting a 17-year-old from performing most conventional construction work. The Secretary of Labor has determined that 17 specific non-agricultural occupations pose too great a risk of injury or death for minors. Construction is affected by several HOs that place an absolute minimum age of 18 on performing certain tasks. For instance, HO No. 5 bans work involving power-driven woodworking machines, and HO No. 16 prohibits all occupations in roofing operations.
Construction Activities Strictly Forbidden for 17-Year-Olds
The Hazardous Occupations Orders eliminate nearly all high-risk construction tasks for minors. Working with power-driven equipment is broadly restricted, including the operation of hoisting apparatus like forklifts, cranes, and non-automatic elevators (HO No. 7). The operation of any high-speed cutting tool, such as circular saws, band saws, and chain saws, is also strictly forbidden (HO No. 14). Certain construction projects are entirely off-limits, including wrecking, demolition, and ship-breaking operations (HO No. 15). Deep excavation work is prohibited under HO No. 17, which bans most jobs in trenching and excavation more than four feet deep.
Permissible Roles and Exemptions in Construction Settings
A 17-year-old can be employed on a construction site if their role is limited to non-hazardous and non-operational duties. Permissible jobs often include administrative or clerical work performed in an on-site office trailer. Non-hazardous work on the ground level, such as general cleanup, landscaping preparation, or fetching non-prohibited tools and materials, is also allowed, provided the minor does not use any prohibited power-driven equipment. Narrowly defined exemptions exist for 16- and 17-year-olds enrolled in a bona fide student-learner or registered apprentice program. These programs must meet specific criteria, including formal agreement, supervision, and organized instruction, and are highly regulated exceptions, not a general waiver for hazardous employment.
Administrative Requirements and Limitations on Work Hours
The employment of a 17-year-old involves specific administrative and scheduling requirements, mostly imposed by state law. Many states require employers to obtain a work permit or employment certificate before a minor can begin work. This permit process often involves a school official, a parent, and the employer signing documentation detailing the job and hours. Although the FLSA permits 16- and 17-year-olds to work unlimited hours in non-hazardous jobs, state laws frequently impose stricter limits when school is in session. State regulations commonly restrict the number of hours worked per day or week, prohibit work during school hours, and limit the time of day a minor can work.
Penalties for Child Labor Law Violations
Employers who fail to adhere to federal and state child labor statutes face substantial legal and financial consequences. The Department of Labor’s Wage and Hour Division can assess significant civil monetary penalties (CMPs) for each violation of the FLSA. The maximum CMP for a standard child labor violation is up to $15,138 per violation. Violations resulting in the death or serious injury of a minor employee are subject to enhanced penalties, which can reach up to $68,801 per violation. If the violation is determined to be willful or repeated, this enhanced penalty amount can be doubled.