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WorkBASED lEARNING: mINIMIZING rISK AND lIABILITY FOR TEACHERS AND OTHERS WHO PLACE sTUDENTS IN THE wORKPLACE
(This is text of a powerpoint presentation)
Why is it important to know child labor and health and safety laws?
- Many employers are in violation of workplace laws.
- Workers under the age of 18 are injured at twice the rate of adults.
- One out of 20 workers under the age of 18 is injured on the job each year.
- One out of every 60 workers under the age of 18 requires emergency room services for workplace injuries each year.
- For example, 60% of Sears Stores inspected were found to be in serious violation of child labor laws.
- 47% full service restaurants were found to be in violation of child labor laws for 14 and 15 year olds. GAO 2002
- In fast food restaurants, 30% were found to be in violation of child labor laws overall. GAO 2002
- In supermarkets, 18% were found to be in violation of child labor laws overall. GAO 2002
- In full service restaurants, 22% were found to be in violation of child labor laws overall. GAO 2002
- 200,000 workers under the age of 18 are injured on the job each year.
- About half of all injuries take place when a teenager is working in violation of child labor laws.
70 children are killed on the job each year.
Public School Teachers, Supervisors, Administrators, & Personnel
RI Gen. Laws 9-1-31:
" Each school committee and the board of regents shall protect and save harmless…
from financial loss and expense, including legal fees and costs….
arising out of any claim, demand or suit for actions resulting in accidental bodily injury or death of any person, or in accidental damage to or destruction of property, within or without the school building, or any other acts including but not limited to infringement of any person’s civil rights, resulting in any injury,
which acts are not wanton, reckless, malicious, or grossly negligent, as determined by a court of competent jurisdiction"
Rhode Island Department of Education Memo:
“When a student participates in a school-sponsored activity, the school district making the placement has a duty to exercise the same degree of care as would a reasonably prudent parent under similar circumstances.
As part of this duty, the district must investigate whether the student would be placed in a dangerous situation. The district must examine the nature and conditions of the sponsored activity and the characteristics and traits of the student in determining whether any danger exists.
Breach of this duty, which proximately results in injury to the student, will subject the school district to liability.
The district therefore needs to make an informed determination that the placement of a particular student in a specific employment situation is reasonable.
All people who place students in work-based learning environments need to have received specialized training in order to satisfy insurance requirements and help ensure the safety of all students in the workplace. You may add to ( the Student Work Based Learning) agreement and plan but must meet all of its conditions.”
The Commissioner of Elementary and Secondary Education and the Director of the Rhode Island Department of Labor and Training, February 2, 2001
Student Work Based Learning Agreement & Plan:
Work Based Learning Coordinator will:
Discuss students rights and safety in the workplace with the students and the employer
Review Child Labor Laws with the sponsor.
Business Sponsor will:
Provide appropriate supervision/mentor, and necessary safety instructions and protective equipment.
Follow Child Labor Laws regarding use of equipment, machinery, and student placement hours.
The Institute for Labor Studies offers 2 different types of training:
- Train-the-Trainer Workshop on Workplace Law and Health and Safety
n For SBCs, IFCs, and others involved in placing students in the workplace
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Next Training: When You Want It
Safe Work/Safe Workers
- 4 Curricula for Teaching High School Students about Occupational Safety and Health
n Next Training: TBA
- Plus, lots of brochures and
materials.
Also covered will the power point presentation of:
Rights on the Job for Teenagers
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