At What Age Can You Do Hazardous Work? FLSA Age 18 Rule and Exceptions

Under federal law, the age to do hazardous work is 18 for non-agricultural jobs and 16 for farm work. The Fair Labor Standards Act sets those floors, and once you turn 18 the federal youth employment rules no longer apply to you at all.1U.S. Department of Labor. Fact Sheet 43 Child Labor Provisions of the Fair Labor Standards Act for Nonagricultural Occupations A few narrow exemptions let 16- and 17-year-olds perform certain hazardous tasks through registered apprenticeships or approved student-learner programs, and agriculture has its own carve-outs for younger workers with specific training.

The 18 Rule for Non-Farm Hazardous Jobs

If a job appears on the Department of Labor’s list of Hazardous Occupations Orders, you must be 18 to do it. This holds in every non-agricultural industry, from construction to grocery stores. Sixteen- and 17-year-olds can work unlimited hours in any occupation that isn’t on that list, but the list itself covers more than most people expect.1U.S. Department of Labor. Fact Sheet 43 Child Labor Provisions of the Fair Labor Standards Act for Nonagricultural Occupations

Occupations reserved for workers 18 and older include:2U.S. Department of Labor. FLSA – Child Labor Rules

  • Driving a motor vehicle on the job, or serving as an outside helper loading and unloading one
  • Operating power-driven woodworking, metal-forming, or shearing machines
  • Operating power-driven bakery equipment such as dough mixers and rollers
  • Operating power-driven meat-processing equipment, including slicers, in any setting
  • All roofing work, including ground-level tasks like tearing off old materials
  • Excavation, wrecking, demolition, and ship-breaking
  • Logging, sawmill operations, and forest fire fighting
  • Jobs involving exposure to radioactive substances
  • Manufacturing or storing explosives
  • Most mining operations

Some of these catch teenagers and employers off guard. A 17-year-old working the deli counter at a grocery store cannot legally run the meat slicer. The same restriction applies to the power-driven stand mixer in a bakery.3U.S. Department of Labor. What Jobs Are Off-Limits for Kids

Apprentice and Student-Learner Exemption at 16

The 18 floor has a limited exception. If you’re 16 or 17 and enrolled in a registered apprenticeship or an approved student-learner program, you can perform certain hazardous tasks that would otherwise be off-limits.1U.S. Department of Labor. Fact Sheet 43 Child Labor Provisions of the Fair Labor Standards Act for Nonagricultural Occupations

The exemption reaches only these occupations:2U.S. Department of Labor. FLSA – Child Labor Rules

  • Power-driven woodworking machines
  • Power-driven metal-forming, punching, and shearing machines
  • Meat and poultry processing, including power-driven slicers
  • Balers, compactors, and paper-products machines
  • Power-driven saws, chain saws, wood chippers, and abrasive cutting discs
  • Roofing operations
  • Excavation operations

Even inside those categories, the work has to be incidental to training, intermittent, short in duration, and directly supervised by an experienced worker. Apprentices must be enrolled in a program registered with the Department of Labor’s Office of Apprenticeship or a recognized state agency. Student-learner programs require a written agreement between the school and the employer, coordinated safety instruction, and close supervision.4U.S. Department of Labor. FLSA and Child Labor Non-Agricultural Child Labor

Driving, mining, explosives, logging, and radioactive materials have no apprentice or student-learner exemption. Those jobs require age 18, without exception.

Farm Work Follows a Lower Age

Agriculture uses a different age structure. Once you turn 16, you can perform any farm job at any time, including hazardous tasks, with no restrictions on hours.5U.S. Department of Labor. Agricultural Jobs – 16+

For workers aged 14 and 15, hazardous farm work is generally prohibited, but two pathways open it up:6U.S. Department of Labor. FLSA – Child Labor Rules

  • Vocational agriculture student-learners in a bona fide program can perform certain hazardous farm tasks under a written agreement, with intermittent work, qualified supervision, and classroom safety instruction.
  • A 14- or 15-year-old who has completed a certified 4-H Federal Extension tractor or machine operation course can do the specific hazardous tasks that training covered, with employer instruction on the particular equipment and regular check-ins during the day.

Workers 12 and 13 can do non-hazardous farm work outside school hours, but only with written parental consent or if a parent works on the same farm.7U.S. Department of Labor. Fair Labor Standards Act Advisor – Prohibited Occupations for Agricultural Employees

Family-Owned Businesses Don’t Erase the Rule

Working for a parent doesn’t remove the age floor for hazardous non-farm work. In agriculture, children of any age can do any farm job on a farm owned or operated by a parent, including hazardous tasks. Off the farm, the rule is stricter. A parent who solely owns a business can employ their own children under 16 in that business for any number of hours, but no parent can employ a child under 18 in a job the Secretary of Labor has declared hazardous. Parents also can’t employ children under 16 in mining or manufacturing.8U.S. Department of Labor. FLSA – Child Labor Rules Advisor So a parent who runs a roofing company still cannot put their 17-year-old on the roof.

What Happens if an Employer Ignores the Age Rule

Federal penalties for hazardous-work violations are substantial and adjusted for inflation each year. As of the most recent adjustment effective January 2025, the Wage and Hour Division can assess up to $16,035 for a general child labor violation, up to $72,876 when a violation causes serious injury or death, and up to $145,752 for a willful or repeated violation that causes serious injury or death.9U.S. Department of Labor. Civil Money Penalty Inflation Adjustments A willful violation can also draw a criminal fine of up to $10,000, and a second criminal conviction can carry up to six months in prison.10U.S. Department of Labor. FLSA – Child Labor Rules Advisor

Anyone can report a suspected violation to the Wage and Hour Division at 1-866-487-9243. Complaints are confidential, and employers are prohibited from retaliating against a complainant or anyone who cooperates with an investigation.11U.S. Department of Labor. How to File a Complaint

Your State May Set a Higher Age

Federal law is the floor. When a state law protects the minor more than the FLSA does, the stricter rule controls. A state can push the minimum age higher for particular jobs, ban work that federal law allows for 16- and 17-year-olds, or require work permits and age certificates before a minor starts any job. Before taking a job that sits near the federal hazardous-work line, check with your state’s department of labor.