DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 570

RIN 1215--AB44

Child Labor Regulations, Orders and Statements of Interpretation

AGENCY: Wage and Hour Division, Employment Standards Administration,
Labor.

Comments by:

David Muehlbauer

Director of Learning and Performance Support

Sundt Construction

2641 S. 20^th^ Place

Phoenix, AZ 85034

<damuehlbauer@sundt.com>

Sundt Construction is a general contractor with offices in Arizona,
California and Texas. We have a long tradition of supporting the
training and development needs of our employees and have been working
for years to attract young people to rewarding careers in our industry.
Prior to my joining Sundt Construction I spent 23 years in public
vocational and career education, including nine years in administrative
positions with the Arizona Department of Education. I believe that
experience gives me an appropriate background to respond to your request
for input.

I believe the proposed rulemaking that removes the current exemption to
the Hazardous Occupations related to construction is unnecessary and
would cause significant harm to youth employment opportunities and the
construction industry's efforts to train a future workforce. To remove
this exemption would virtually eliminate the employment of
student-learners under the age of 18. We believe that helping students
explore construction careers in a meaningful manner prior to graduation
from high school teaches important workplace and safety skills, and
helps them make appropriate career and educational choices.

For the past several years our company has been involved with a program
called the 'Future Builder's Academy', sponsored by the Arizona
Builders' Alliance (an industry organization affiliated with the
Associated General Contractors and Associated Builders and Contractors).
This program serves high school students who have completed or are
enrolled in construction-related career and technical education
programs. As a part of that program, students work in carefully
supervised internships during the summer. Prior to stepping onto a
construction site the students complete an intensive one-week training
program, including the full 10 Hour OSHA training course taught by an
OSHA certified instructor. The students tour one or more construction
projects to observe safety procedures and protective equipment in
action. The students complete several small construction activities to
receive detailed instruction on the safe use of hand and power tools. At
the jobsite the interns receive additional safety orientation by company
personnel and then work under careful supervision.

I appreciate and support your agency's interesting in protecting the
health and safety of young people, while providing them with appropriate
employment opportunities. You requested specific suggestions on how to
best accomplish this. Here are my suggestions.

1.  Continue to provide an exemption to the hazardous occupations
    restrictions for students enrolled in public and private career and
    technical education programs \[570.50(c)\]. The program content
    should correlate with the occupational experience.

2.  Continue to restrict individuals under the age of 18 from work
    involving explosives and/or demolition.

3.  Require a minimum of 10 hours of industry-recognized safety
    training, such as the OSHA 10 Hour course, for any individual under
    the age of 18 prior to employment in the construction industry.

4.  Require a written agreement between the employer, school and parents
    for employment of any individual under the age of 18.

5.  Provide on-going safety instruction and supervision during their
    employment experience.

We believe that a quality training program and carefully structured work
experience provides youth with a greater commitment to workplace safety
than simply 'wandering into' a construction career later in life. Our
Future Builder's Academy has been a model of this concept for five
years, and we believe the program is serving the young people and the
industry well. The proposed rule making would serious damage or perhaps
end this program.

If you have any questions I would be happy to respond.