Managing the Risks of Work-based Learning:

A Resource Guide

The National School-to-Work Office, 400 Virginia Ave., SW, Rm. 210, Washington, D.C. 20024

Table of Contents

Introduction	1

		Risk Management	2

		Identifying and Managing Risks to Students	4

	The Risks to Students	4

				Safety	4

				Child labor	5

			Student Risk Management	5

Identifying and Managing Risks to School Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

			The Risks to School Districts	6

			School District Risk Management	7

				Policies, procedures, and plans	7

				Insurance	8

		Profile of Risk Management at Blue Mountain Union School (Vermont)	11

Identifying and Managing Risks to Employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

	The Risks to Employers	13

				Injury to students	13

				Actions by students that cause injury	13

				Noncompliance with labor and employment laws	14

			Employer Risk Management	14

				Workplace safety	14

				Supervision	16

				Insurance	17

				Labor law compliance issues	17

					a) Determining employee status under FLSA	17

					b) Determining student-learner status	18

					c) Volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     18

                        Unemployment Tax  	19

                        Profile of Risk Management at Nichols Portland				         21                                                                     

          State Profiles of Work-based Learning Risk Management Strategies	22

Resources	29

List of Tables

Table 1 - School District Risk Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Table 2 - Employer Risk Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    20

	Introduction

Students in School-to-Work may engage in a range of activities in the workplace--from gaining

career awareness by job shadowing, to learning occupational and employability skills by working

in internships or youth apprenticeships.  Regard for the safety of students in work-based learning is

a concern of everyone involved in School-to-Work, and is mandated in the School-to-Work

Opportunities Act.  While employers who participate in school-to-work do not have greater legal

obligations than employers who hire minors under other circumstances, the new and varied types of

work experiences being developed through school-to-work will mean that many participating

employers may have limited experience with minors in their workplaces.  Schools also face some

uncertainties when students go into the workplace as part of the school curriculum but not under the

direct supervision of school personnel.

This guide examines a process for managing the risks of work-based learning to students, schools,

and employers. The concepts explored also apply to schools whose students participate in service

learning.  The hope and expectation are that with the aid of this resource:

∙	schools and employers will be better informed about the necessity and the means of protecting students from harm;

∙	more employers will be encouraged to provide work-based learning opportunities; and 

∙	school districts will be better able to devise risk management plans that address work-based learning and service learning.  

In as much as work-based learning experiences are designed at the local level and the legal

obligations and remedies involved are largely governed by state law, it is beyond the scope of this

guide to prescribe the means of managing risks in any particular program. The guide is intended as

an introduction to and illustration of the process of risk management.  It looks at managing the risks

of : injury to students, of harm caused by students in the workplace, and liability for noncompliance

with laws related to the employment of minors.  The guide does not cover all of the risk issues that

any particular school or employer should consider.  Risks that may increase with students in the

workplace but that are familiar to schools and employers in the absence of  work-based learning,

such as liability for sexual harassment, are not discussed.  Such risks should be considered in the

development of local risk management plans, and students should be made aware of how to address

any incidents that occur.  Readers should consult their insurance company representatives or other

risk management professionals for guidance on the issues that should be considered in connection

with the types of activities and industries involved in a particular work-based learning program. 

Resources that provide additional information on risk management are listed at the end of the guide.

	Risk Management

As costs related to insurance claims have increased for public and private sector entities, risk

managers in both sectors have moved beyond simply insuring against risk to identifying and

controlling risk.  A risk management program generally includes the following elements:

∙	identifying the perils and hazards inherent in the entity’s activities;

∙	estimating the frequency and severity of potential loss;

∙	implementing strategies to eliminate or control the potential for loss; and

∙	ensuring adequate resources are in place to redress loss that does occur.

The process of managing risk begins with identifying the kinds of harm that could occur in the

course of an entity’s activities and the conditions that make it more likely that such harm will occur. 

In the vernacular of risk management, the types of harm to which an organization is exposed are

referred to as perils and the conditions giving rise to the harm are called hazards.     A local delivery

service, for example, must contend with the peril of vehicular accidents, and it does so in part by

recognizing hazards that make accidents more likely to occur, such as poor road conditions or

inexperienced drivers.  

After identifying the types of risk an entity faces, risk managers will attempt to determine how

serious the risks are.  The degree of a risk is assessed in terms of the estimated frequency and

severity of loss.  It would not be feasible or cost effective to eliminate all risks.  An assessment of

the degree of risk provides some basis for deciding how much effort and money should be used to

eliminate or control specific risks.  

Historical loss experience is used to estimate frequency of loss where an activity has been conducted

a sufficient number of times to allow for reliable predictions.  It will be difficult to estimate the

frequency of losses in work-based learning with any degree of certainty where schools and employers

have little experience with work-based learning.  Rough estimates can be constructed, however, from

examining experience with field trips and vocational classes, and then allowing for any additional

hazards that might be present in work-based learning.  The history of  accidents in specific industries

and at proposed work sites should also be considered.  Insurance companies collect loss history data

on a variety of activities that can be useful in making these estimations.

Severity of loss is usually calculated in terms of the economic impact of a loss on an entity.  Those

responsible for the well-being of students and the viability of work-based learning programs will also

take into account the less quantifiable consequences of injury to students or reluctance of employers

to become involved in school-to-work.  Occupational safety experts and insurance company risk

managers can provide information on the severity of losses that could occur in particular industries

and at specific work sites.  Those responsible for arranging work-based learning will want to examine proposed work sites and the activities that students will be expected to perform.

Once risks are identified and analyzed, options for dealing with them may be considered.  The

estimated frequency and severity of a loss would influence the option selected.  Entities would likely

avoid high frequency, high severity losses by deciding not to engage in the activity that presents such

risks.  Other options include: controlling risks by reducing or eliminating hazards; transferring risks

to an insurance company or sharing them with other entities; and retaining risks by simply absorbing

any loss that might occur from them. 

	Identifying and Managing Risks to Students

The Risks to students

There is nothing new  about students in the workplace; surveys show that about 80 percent of students

are employed at some time during their high school years.  Data from the 1990 Census indicate that

54 percent of empoloyed students worked in the retail trades and 25 percent worked in services. 

Through School-to-Work, students will have the opportunity to gain work experience in varied types

of jobs in a range of industries.  Work-based learning will be arranged by schools and  connected to

classroom learning, but may not be directly supervised by school employees.  Some students will

work under the supervision of persons not accustomed to working with young people.  So while

School-to-Work offers great promise and reward to students, schools, and employers, the work-based

learning component of School-to-Work also poses potential risks.  

Safety

The safety of students is of primary concern.  According to the National Institute for Occupational

Safety and Health (NIOSH), the anatomy, physiology, and psychology of young workers may present

unique risk factors for occupational injuries and illnesses.  A lack of fit between machines and the

physical dimensions and strength of adolescents may increase the risk of injury.  In addition, a

student may be assigned to a task for which he or she is emotionally or cognitively unprepared. 

Some students will not have adequate experience to judge their ability to complete an assignment

safely.

In 1996, 70 persons under age 18 died and approximately 70,000 required treatment in hospital

emergency rooms as a result of work-related injuries.  While the risk of fatal occupational injuries

to minors is similar to that of adults (3.5 deaths per 100,000 full-time equivalent workers for 16-17-

year olds compared with about 4 deaths for young and middle-aged adults), minors are employed less

frequently in hazardous jobs so the rate of fatal injuries should be lower for minors than for adults. 

For the leading causes of work-related death (motor-vehicle related, homicide, and machine-related),

minors have rates of fatal injury similar to or slightly higher than adults.

More than one-fourth of the deaths of 16- and 17-year olds from work-related injury during the

period 1990 through 1992 were motor-vehicle related.  These deaths include those of workers who

were drivers and passengers in motor vehicles and pedestrians involved in crashes with motor

vehicles.  Homicides were the second leading cause of work-related injury death for 16- and

17-year-olds from 1990 through 1992.  Machine-related deaths were the third leading cause. 

Tractors and forklifts were the most common machines associated with youth work-related deaths. 

Falls, heavy lifting, and cooking are common causes of workplace injury to minors.  

In one study reported by NIOSH, more than half of injured adolescents said that they had not

received any training in how to prevent the injury they sustained.  A supervisor was present at the

time of the injury in only about 20 percent of the reported cases.

Child labor

Child labor laws are intended to prohibit the economic exploitation of children and prevent work

from interfering with education, in addition to promoting the safety of young workers.  There is a

risk of unintentional violations of child labor laws in School-to-Work, particularly in light of the

number of employers participating who have not worked with minors.  The potential for the

deliberate exploitation of young workers is minimal, however, given the motives of employers who

participate in School-to-Work and the monitoring of work-based learning by school personnel.  The

law’s concern with preventing work from interfering with education is not a factor in structured

work-based learning.  Work-based learning is designed to  enhance classroom learning by reinforcing

academic knowledge and highlighting the relevance of education to goals in later life.  

Student Risk Management

While schools and employers will be primarily responsible for work-based learning risk

management, students and parents should know and prepare for the students’ work-based learning

environment.  Parents will want to inquire about any related risks and ensure that their children 

receive adequate instruction in avoiding injury.

NIOSH recommends that adolescent workers take the following steps to protect themselves: 

∙	Be aware that you have the right to work in a safe and healthful work environment free of

		     	recognized hazards and that you have the right to refuse unsafe work tasks and conditions. 

∙	Know that you have the right to file complaints with the U.S. Department of Labor when

     	you feel your rights have been violated or your safety has been jeopardized. 

∙	Remember that [students in work-based learning may be] entitled to workers' compensation in the event of work injury or illness. 

∙	Obtain information about your rights and responsibilities as workers from school

     	counselors and State labor departments. 

∙	Participate in any training programs offered by your employer, or request training if none

     	is offered. 

∙	Recognize the potential for injury at work and seek information about safe work practices

     	from employers and State labor departments. 

∙	Follow safe work practices. 

Identifying and Managing Risks to School Districts

The Risks to School Districts

In addition to being concerned about the well-being of students, school districts must be concerned

about the potential for financial losses in the event of legal action against schools.  School districts

spend considerable sums each year defending against negligence claims as a result of student

injuries.  Most commonly, negligence suits against schools involve accidents that occur on the

playground, during sporting activities, or while transporting students.  Accidents may also occur

during field trips and while students are engaged in classroom activities that pose hazards, such as

science experiments and shop.

A claim for negligence alleges that the school failed to fulfill its legal duty to act with care in relation

to a student, and that the failure to exercise due care was the cause of injury to the student.  Courts

will first ask whether the school owed a duty of care to the student under the circumstances and, if

so, will consider whether the school’s actions satisfied that duty.  

Schools clearly owe a duty of care to students in attendance at school.  That duty does not, however,

require schools to watch every child at all times or to prevent all injuries.  While the standard of care

varies somewhat from state to state, in general, schools are required to exercise the degree of care

reasonably necessary to avoid foreseeable harm.  A higher standard of care may be imposed when

students are engaged in potentially harmful activities.  Students in shop classes, for example, must

be provided with proper instruction, warnings, and supervision.  

Schools also have a duty to students engaged in off-site activities when the school assumes and

exercises control of those activities.  For example, where off-site activities consist of school field

trips or classes taught by instructors employed by the school, the school owes a duty of care to the

students and would be liable for injuries resulting from a failure to properly supervise students.  

The question of the school’s duty is more complicated with respect to students engaged in

extracurricular activities off of school premises.  In general, schools will be found to have a duty to

students engaged in extracurricular activities off of school premises only where the activities are

school-sponsored and sufficiently school-directed so as to involve a school-pupil relationship. 

Students participating in service learning and work-based learning will be engaged in off-site

activities as part of their school curriculum.  Schools will exercise varying degrees of control over

students’ work-based learning or service activities, but in general, school personnel will not be able

to directly supervise students working off of school premises.  Some students will engage in

potentially hazardous activity or come into contact with potentially hazardous instruments during

work-based learning.  While the case law provides useful principles that can be applied, there is little

specific guidance as to how far the school’s duty of care will extend.  Where schools do have a duty

to students at community service sites and in work-based learning, that duty may generally be

satisfied by taking the steps reasonably necessary to avoid foreseeable harm. 

School District Risk Management

The first step in risk management for school districts is to know what is required of school districts

and school employees under the law.  Under early court decisions that adopted principles of English

law, states and the political subdivisions of states could not be sued for negligence.  This legal

doctrine was called “sovereign immunity.”  The doctrine of sovereign immunity has been limited

in all states by state constitutions, court decisions, or legislation.  State Tort Claims Acts may waive

sovereign immunity or permit negligence claims to be filed under certain circumstances.  In addition,

the state education code may limit the extent to which school personnel can be held personally liable

for negligence.  State education codes also may require schools to take certain safety measures in

connection with the transportation of students or other school-related activities.

Policies, procedures, and plans

Many school districts adopt risk management plans that set out policies and procedures regarding

specific school activities and the maintenance of school property.  The inclusion in such plans of

policies regarding service and work-based learning can reduce the incidence and severity of injuries

and provide evidence that the school exercises reasonable care toward students in the conduct of

such activities.  Policy topics might include: the nature of volunteer or workplace activities

appropriate for different grade levels; safety training for students and teachers; screening of work

sites; responsibility for supervision in the workplace or service project; monitoring activities in the

workplace or the service project; transportation to and from the placement; and insurance.   

The Greater New York Hospital Foundation’s Walks of Life serves as an intermediary to develop

service learning opportunities at four New York City schools.  Students from the fifth through the

tenth grades serve during and after class in a variety of settings including: continuing care facilities,

public schools, community-based organizations, and libraries.  Administrators take several steps to

protect the well-being of students in service learning and to prevent claims against the school district

related to the students’ service.  They arrange service learning only with organizations that they

know and trust.  Representatives from Walks of Life meet with organization members to review and

approve the nature of service learning projects and proposed student duties.  They have determined

that, because service learning is a school-related activity, school district insurance coverage would

protect the district in the event of a claim arising out of an injury to a student in service learning. 

In addition, parents are asked to sign forms authorizing their child’s participation in service learning. 

Iowa schools use a Risk Assessment Checklist to rate risk management programs of prospective

work-based learning employers.  A score is assigned to employers for: management practices,

employee involvement in safety, safety training, exposures, protective measures, injury reporting,

and inspections.  Company risk management practices may receive a rating of excellent, good, fair,

or poor.  Work site placements are recommended only with companies that rate as good or excellent.

Insurance

Resources should be available to cover losses from unanticipated risks or risks that would be too

costly to eliminate.  Financial loss to the school district is often covered by commercially available

insurance, though increasingly districts are self-insuring and forming insurance pools.  Liability

insurance will generally protect the district against claims for injury resulting from negligence or

imposed by statute or contract.  Districts may decide to retain the risk of loss rather than transferring

it to an insurance company by self-insuring out of operating funds.  School districts that are not

comfortable retaining all risk may form insurance pools through which they share risk among

themselves.  

In Michigan, 24 urban school districts participate in the Middle Cities Risk Management Trust. 

Premium costs are allocated among schools based on enrollment, property value, number of vehicles

operated, and history of loss.  In addition to insuring against loss, the Trust provides member school

districts with risk management assistance that includes a video and handbook for training school

personnel in playground safety. 

Illinois School District Agency (ISDA) provides property/casualty coverage to more

than 160 school districts across Illinois.  In addition to receiving competitively priced insurance

coverage, ISDA members receive specialized loss control services and access to low-cost property

appraisals.  The ISDA program was designed for Illinois school districts by the school districts. 

Each pool is controlled by a board that is composed of district administrators, school board members,

and business officials.

States or school districts may also make insurance coverage available to students.  Student accident

insurance is generally purchased by parents or schools to insure individual students against the costs

of injuries sustained during school activities.

Under New Hampshire’s Work-Based Learning Student Accident Insurance Program, students

participating in non-paid work-based learning are insured against loss for injuries that might occur

in or on route to the workplace.  School districts apply for the coverage on behalf of student

participants through the New Hampshire School Boards Insurance Trust.  Work sites identified in

the application are screened by the State Department of Labor for accident history and compliance

with safety and labor laws.

Table 1, below, summarizes the school district work-based learning risk management process.  The

table is intended as a general guide to the process.  Decisions about the nature and degree    of risks

in specific work-based learning programs and the appropriate strategies to address them should be

made at the state and local levels.  Table 1 is followed by a profile of work-based learning risk

management at Vermont’s Blue Mountain Union School.

TABLE 1

SCHOOL DISTRICT RISK MANAGEMENT

Activity	

Perils	

Hazards	

Degree of Risk	

Strategies

group site

visits	injury

to

student	lack of

supervision;

impulsive

behavior	low	pre-visit instruction;

supervision by school personnel

individual

job

shadowing	injury

to

student	lack of

supervision; lack

of understanding

of work

environment	low	pre-visit instruction 

obtain assurances from

employer that student will be

properly supervised by

specified individual

unpaid work

experience	injury

to

student	lack of

supervision; lack

of understanding

of work

environment;

conditions or

instrumentalities

in work

environment	medium to

high   

depending on

work

environment   	safety training; employer

assurances that student will be

properly supervised and that

supervisor has been trained to

provide supervision; training

agreement; monitoring of work

site activities; student accident

insurance; school district

liability insurance

paid work

experience	injury

to

student	lack of

supervision; lack

of understanding

of work

environment;

conditions or

instrumentalities

in work

environment	medium to

high

depending on

work

environment	safety training; employer

assurances that student will be

properly supervised and that

supervisor has been trained to

provide supervision; training

agreement signed by student,

employer, and school;

monitoring of work site

activities; student  accident

insurance; liability insurance

transporting

students to

and from

work site	injury

to

student	careless driving;

improperly

maintained

vehicle; road or

weather

conditions	low if school

transports;

medium if

student drives 	school transports groups of

students to work site in vans;

student accident insurance;

school liability insurance

Profile of Risk Management at Blue Mountain Union School

(Vermont)

I.   Risk Analysis and Planning

In the process of implementing a School-to-Work (STW) program at Blue Mountain Union School

(BMU), a rural pre-K through 12th-grade school in Wells River, Vermont, the STW coordinator,

June Van Houten, came across many insurance and liability issues that were barriers to placing

students in work-based learning activities.  With the support of the School Superintendent, Ms. Van

Houten met with Vermont's  STW Grants Manager, a Co-operative Education Coordinator, and a

local insurance agent to address risk management issues.  The objectives were: to make sure the

school had all of the insurances needed before placing students in work-based learning activities; and

to develop comprehensive protocols, checklists, and forms to be used to document that all of the

proper steps are taken and information collected before students are placed at work sites.  

II.  Reducing Hazards

Protocols, checklists, and forms have been developed and are being used when placing students in

job shadows and unpaid work-based learning experiences. 

Information on child labor laws is made available to employers involved in STW activities.

Work sites are screened before students are placed.  Safety  rules,  equipment,  procedures, and

concerns specific to each work site are  reviewed  with  the employer and student.

Student appropriateness for the site is assessed.

Documentation that the student and the school have the proper insurance in place before the student

goes to the work site is completed.

Documentation of parental permission, transportation agreements, and other forms are completed.

III.  Making Resources Available to Redress Injury

After working with insurance professionals to help them become familiar with STW, the STW

coordinator was able to obtain assurances that the school's liability insurance would cover STW

activities.  All STW activities are covered, including those that are not during traditional school

hours, not on school grounds, and not directly supervised by a school employee. The policy has a

garage exclusion and a medical payment exclusion. It provides secondary automotive  liability 

insurance for staff  while transporting students.  The policy covers the liability of teachers and

employees of the school.  It does not cover students' liability.  If a student caused harm at a work site,

they would not be covered by the school's general liability policy.  A rider to cover students is not

available from the insurance carrier.

The Superintendent  and the  School Board purchased a catastrophic accident insurance policy that

covers grade K through 12 students involved in STW as well as athletic and general school activities. 

The school has made a commitment to pick up the cost of the policy in full next year. The school

also purchased 2 slots that  provide basic accident coverage for students while engaged in

work-based learning activities. The total cost of obtaining all of the insurance needed was under

$7OO.

If a student is placed in a paid position, the employer would be  required  to  carry workers' 

compensation insurance that would cover the student.

IV.  Contact Information

June Van Houten

School -to-Work Coordinator

Blue Mountain Union School

RR #1, Box 50-A

Wells River, VT  0508l

Phone:  (802) 757-2711

Fax:    (802) 757-3894

E-mail: June@BWIB.org

Identifying and Managing Risks to Employers

The Risks to Employers

Employers have potential liability: (1) for injury to students; (2) for actions by students that cause

injury; and (3) for noncompliance with labor and employment laws as they pertain to minors.  

Injury to students

Occupational safety and child labor laws are concerned with health and safety in the workplace.  Occupational safety laws regulate conditions in the workplace, and child labor laws prohibit minors

from engaging in certain activities in the workplace.   (See School-to-Work and Employer Liability: A Resource Guide, for a discussion of child labor law requirements.)  Under the Occupational Safety and Health Act (the Act), employers have a general duty to “furnish to each of his [or her]

employees, employment and a place of employment which are free from recognized hazards,” as

well as an obligation to comply with standards related to specific industries, conditions, and

practices.  The term “employer” is broadly defined and effectively includes all private sector  entities

that have employees.  (The Act contains separate provisions that govern federal agency safety

programs.)  Liability under the Act may occur when an employee is injured as a result of a violation

of the general duty or the standards.  Persons who are hired by the employer to perform services

(other than independent contractors) are considered employees under case law interpreting the Act. 

The Occupational Safety and Health Administration (OSHA) can authorize states to operate their

own job safety and health programs.  States must set job safety and health standards that are "at least

as effective as" comparable federal standards.  Most states adopt standards identical to federal ones. 

States that are authorized by OSHA to enforce their own occupational safety and health laws may

define “employee” more broadly than under the federal Act.  While the federal Act does not apply to state and local employees or volunteers, state plans cover state and local employees, and a few

cover some volunteers such as volunteer fire-fighters.

State workers’ compensation laws protect employees by providing prompt and predictable

compensation for injuries, and they protect employers by prohibiting lawsuits against employers who

carry insurance.  The definition of “employee” for purposes of workers’ compensation coverage is

governed by state workers’ compensation statutes.  Some states exempt employees of small

businesses and workers in certain industries or occupations from coverage.  

Students engaging in work activities  who are not required to be paid under child labor laws may not

be treated as employees for purposes of workers’ compensation. To date, only a few states have

expanded the definition of “employee” under workers’ compensation law to include unpaid students

in work-based learning.  In the event of an injury to a student who is performing work activities but

is not covered by workers’ compensation (or to a student visiting the work site), the employer could

be subject to legal action.

Actions by students that cause injury

Under the legal doctrine of  “respondeat superior,” employers may have vicarious liability for injury to third parties caused by the negligent or intentional acts of employees who are acting within the

scope of their employment.  State courts define “within the scope of employment” differently, but

in general, it includes activity of the same general nature as, or incidental to, an employee’s duties.

In some states, employers may be directly liable to injured parties if the employer is found to have been negligent in hiring or retaining an employee who causes injury to others.  The employer may

be found negligent if the employer knew or should have known that the employee who caused the

injury was dangerous or otherwise unfit to perform the job.  Such negligence usually involves

employers who unreasonably hire or retain persons with a criminal record.

Employers have also been found liable for negligent supervision of employees who cause injury. 

The failure to instruct employees as to the method of performing work or to take steps to ensure that

employees follow instructions can result in liability where an employer knew or had reason to know

that injury could result from the work performed.

Noncompliance with labor and employment laws

Each law defines the persons or entities covered by its provisions.  Different employment laws define

“employee” differently, based in part on the law’s objective.  In order to comply with federal and

state laws, employers will have to determine the employee status of students (and teachers

participating in workplace “externships”) under specific laws, including: whether students are

employees or trainees for purposes of labor laws; whether or not student employees qualify under

child labor law for student-learner or apprentice exemptions; whether unpaid students are deemed

“employees” under state workers’ compensation laws; whether students are covered by occupational

safety laws; and whether students’ wages are exempt from unemployment tax requirements under

federal and state unemployment tax laws.  Employers not accustomed to having students in their

workplaces may need assistance in making these determinations in order to avoid being subject to

penalties for violations.  Charitable organizations will have to ensure that students in service learning

are properly deemed “volunteers” under labor laws.

Employer Risk Management

Workplace safety

For employers, managing the risks associated with work-based learning involves a familiar process:

identify and analyze the risks; take steps to prevent loss; and ensure that resources are available to

redress injury or liability.

OSHA has issued voluntary Safety and Health Program Management Guidelines for the “systematic

identification, evaluation, and prevention or control” of workplace hazards.  The guidelines, set out in volume 54 of the Federal Register beginning at page 3904, are broadly applicable to general

industry regardless of the size, nature, or complexity of operations.  The guidelines reflect the safety

and health management practices used by employers who have been recognized through OSHA’s

Voluntary Protection Programs (VPP) as having exemplary safety and health management.  Studies

conducted under VPP since 1982 have shown a relationship between the management of worker

safety and a low incidence and severity of employee injuries.  These studies have also shown

occupational safety and health management to be cost effective. 

Under OSHA’s Safety and Health Program Management Guidelines, an effective occupational safety

and health program will include the following elements: 

∙	management commitment and employee involvement;

∙	work site examinations to identify existing hazards as well as conditions and operations in which changes might occur to create hazards;

∙	hazard prevention and control; and

∙	safety and health training.

Safety training should ensure that all employees understand the hazards to which they may be

exposed and how to prevent harm to themselves and others from such exposure.  According to

OSHA guidelines, the objectives of such training include that:

(I) employees will accept and follow established safety and health protections; 

(ii) supervisors will carry out their safety and health responsibilities effectively including: 

∙	analyzing the work under their supervision to identify unrecognized potential hazards,

∙	maintaining physical protections in their work areas,

∙	reinforcing employee training on the nature of potential hazards in their work and on needed protective measures, through continual performance feedback and, if necessary, through

enforcement of safe work practices; and

(iii) managers will understand their safety and health responsibilities.

Training in safety and health protection is particularly important for employees who are assuming

new duties.   Injury rates are disproportionately high among workers newly assigned to tasks, and

a substantial number of these injuries have been found to be related to inadequate knowledge of job

hazards and safe work practices.

The content of training will depend on the complexity of the work and the nature of the hazards at

the site.  OSHA recommends that workplace training include: (1) the general hazards and safety rules

of the work site; (2) specific hazards, safety rules, and practices related to particular work

assignments; and (3) the employee's role in emergency situations.  Such information is particularly

important with respect to hazards that may not be readily apparent to, or within the ordinary

experience and knowledge of, the employee. 

Safety training is often most effective when incorporated into job performance training.  Safe work

practices can become an integral  part of job performance when safety issues are included in job

performance assessments or occupational skill standards.  OSHA guidelines emphasize the need to

verify that hazard information and the necessary elements of a safety and health program are

understood by the people who must deal with them. This can be done by formal testing, oral

questioning, observations, or other means.

OSHA also assists employers in identifying and remedying potential workplace hazards through its

Consultation Service.  Consultation services are delivered by state government Consultation Service

offices funded in part by OSHA.  (Information on the location of Consultation Service offices in each

state can be obtained from OSHA’s Office of Federal-State Operations listed in the Resources

section of this guide.)  The consultation program is separate from the OSHA inspection process. 

Violations are generally not reported and citations are not issued, though employers do agree to

correct any serious job safety and health hazards discovered.  Businesses may request a complete

review of safety and health factors or limit the request to one or more specific problems.  A

comprehensive consultation includes: (1) appraisal of all mechanical and environmental hazards and

physical work practices; (2) appraisal of the present job safety and health program or establishment

of one; (3) a conference with management on findings; (4) a written report of recommendations and

agreements; and (5) training and assistance with implementing recommendations.

Supervision

As noted above, employers have a duty under the law to properly supervise employees in the conduct

of activities that pose a foreseeable risk of injury.  Training agreements entered into between

employers, schools, and students may also require the employer to assume responsibility for

supervising student work.   

Maine’s Center for Career Development offers Work Site Supervisor Training to company personnel

involved in Maine’s youth apprenticeship program.  Work site supervisors are taught how to instruct

students in job performance and in safe work practices.  Supervisors provide each student who enters

the program with a checklist of safety issues, and students must demonstrate a knowledge of safety

issues to potential employers during job interviews.  Safe work practices are included in assessment

tools that work site supervisors use to evaluate students’ work.  This encourages both supervisors

and students to be attentive to safety during the course of job performance.  Safety practices are also

identified in the duty and task lists developed in connection with the Center’s industry skill standards

and curriculum materials.

Insurance

Workers’ compensation insurance will cover medical expenses and lost income for employees

injured on the job.  Several states have amended workers’ compensation laws to provide that unpaid

students in work-based learning are considered “employees” for purposes of workers’ compensation. 

Under some of these laws, insurance coverage for unpaid students will be paid for by the state or

school district.  At least one state, Hawaii, will pick up the cost for workers’ compensation insurance

for all students in work-based learning, paid and unpaid.  Student workers who are not covered by

workers’ compensation insurance and visitors to the work site (such as students participating in job

shadowing) are protected by the legal duty of business owners to keep their premises reasonably safe

from hazards.  Businesses may be sued for negligence if an uninsured student is injured as a result

of an unsafe condition.  A comprehensive general liability insurance policy generally covers the costs

of defending against and satisfying claims for injury to persons on the employer’s premises. 

Employers who provide work-based learning opportunities might want to discuss the nature and

extent of their liability coverage with their insurance carrier.

Labor law compliance issues

	a) Determining employee status under the Fair Labor Standards Act 

Work performed by students in work-based learning may constitute employment subject to the Fair Labor Standards Act (FLSA) or training that is not subject to the FLSA.  The U.S. Department of

Labor Wage and Hour Division established criteria based on U.S. Supreme Court interpretations of

the FLSA for determining whether work is employment or training.  In general, persons performing

work will be deemed to be trainees not covered by the FLSA if all of the following criteria are met:

	∙	the training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school;

	∙	the training is for the benefit of the trainees or students;

	∙	the trainees or students do not displace regular employees, but work under their close observation;

	∙	the employer that provides the training derives no immediate advantage from the activities of the trainees or students; and on occasion his operations may actually be

impeded;

	∙	the trainees or students are not necessarily entitled to a job at the conclusion of the learning experience (though employers may offer jobs to students who complete

training); and

	∙	the employer and the trainees or students understand that the trainees or students are not entitled to wages or other compensation for the time spent in training (though a stipend may be paid for expenses).

	In the event that any one of these criteria is absent, the work performed by the student (or the

teacher intern) will likely constitute employment subject to the provisions of the FLSA.  

Someone who initially qualifies as a trainee may not continue to do so as he/she gains

experience that is useful to the employer.   Employers should consider the amount of training

that is required before a student can be productive.  It is advisable to monitor any advantages

derived from the student’s work so that the student can be reclassified as an employee when

circumstances warrant.  For further information on determining whether a worker is a trainee

or employee under federal labor law, refer to two U.S. Department of Labor publications:  Employment Relationship Under the Fair Labor Standards Act, and Unpaid School Work Experience Under the Fair Labor Standards Act .

		b) Determining student-learner status

	Under the FLSA, employers may not allow minors to perform work that has been determined

to be hazardous by the U.S. Secretary of Labor.  The Secretary’s Hazardous Occupation

Orders (HOs) are published in volume 29, part 570 of the U.S. Code of Federal Regulations. 

Student-learners aged 16 or 17 enrolled in cooperative vocational training programs may be

employed in seven of the HOs if they are employed under a written agreement that meets the

conditions listed in the regulation.  (See School-to-work and Employer Liability: A Resource Guide for a discussion and listing of Hazardous Orders.)  Under the regulation, a student- learner agreement must provide: (1) any work in a hazardous occupation is incidental to

training; (2) work in the hazardous activity is intermittent and for short periods only, and is

under the direct and close supervision of a qualified person; (3) safety instruction; and (4)

a schedule of progressive work processes.  There is also an exemption from the seven HOs

for apprentices.  This exemption applies only to apprenticeships registered with the U.S. Department of Labor’s Bureau of Apprenticeship and Training or with a state apprenticeship

council.  Employers may obtain advice from the U.S. Department of Labor Wage and Hour

Administrator as to whether the conditions under which a student is initially employed meet

the student-learner criteria.

		c) Volunteers

	Individuals may serve as volunteers for public service, religious, or humanitarian purposes.  Commercial businesses may not use unpaid volunteers.  Students will be considered to be

volunteers within the meaning of the FLSA if the intent is to donate their services to

religious, charitable, government, or nonprofit organizations for the public good.  Employees

of such entities may participate in volunteer activities for their employer, but may not

perform any activity directly related to their job for the entity on a volunteer basis.

Unemployment Tax 

The Federal Unemployment Tax Act (FUTA) determines which employers and what payments are subject to the federal unemployment tax.  State laws define “employer” and “employment” for

purposes of the state unemployment tax.  FUTA and most state laws apply to employers with a

minimum payroll of $1500 and one or more employees working during a quarterly period.  Services

performed by students in a program that combines academic instruction with work experience are

excepted from the definition of employment under FUTA section 3306(c)(10)(C) and most state

laws.  In order to claim the exception, an employer must receive certification from the nonprofit or

public educational institution in which the student is enrolled that the services are an integral part

of the student’s education. The exception does not apply if the program was established for an

employer or group of employers.

Examples of employer risk management issues and possible strategies related to work-based learning are provided in Table 2.  A profile of employer risk management at Nichols Portland in Portland,

Maine follows Table 2.

TABLE 2

EMPLOYER RISK MANAGEMENT

Nature of Risk	

Strategies for Controlling Risk

	Student Visiting	Student Performing Work

		As Trainee (unpaid)

or Srervice

LearningVolunteer	As Employee (paid)

Injury to student

	 business liability insurance	safety and health

management;

supervision; of

workplace activities;

liability insurance, or,

if required by state

law, workers’

compensation

insurance 	safety and health

management;

compliance with

hazardous occupations

orders; supervision of

workplace activities;

workers’ compensation

insurance

Actions by student

that cause injury	 business liability insurance

(workers’

compensation if

injured party is an

employee)	supervision;  liability

insurance (workers’

compensation if

injured party is an

employee)	supervision; business

liability insurance

(workers’

compensation if injured

party is an employee)

Labor law

compliance	not applicable	FLSA not applicable

if  trainee or volunteer

criteria are met;

determine student

status under state child

labor law	compliance with FLSA

and state child labor

laws

Occupational safety

law compliance	not applicable

	determine if student is

“employee” under any

state occupational

safety law	compliance with

federal or state

occupational safety law

Federal 

Unemployment Tax 	not applicable	not applicable	pay unless certification

obtained from school

Profile of Risk Management at Nichols Portland

Nichols Portland is a precision manufacturing company with 500 employees in Portland, Maine. 

I.  Safety and Health Management

Nichols Portland takes safety very seriously.  The company starts with general safety training in

student orientation and provides job-specific training in safe practices. They require students (and

all employees) to wear safety eyewear, footwear, and hearing protection.  Employees do a series of

exercises every two hours to avoid repetitive motion injury.   Any maintenance work order that poses

potential safety risks is treated with special care.

II.  Supervision

The employees at Nichols Portland who supervise students are trained to provide supervision to

young workers at Maine’s Center for Career Development.  Supervisors work closely with students,

providing constant supervision while students are still new at a particular job.  Students with the

same knowledge level are supervised in a group by a skilled employee.  As students become more

adept at a job, they continue to receive frequent progress checks and oversight.  

Students work in an area set aside for them so that they can be closely supervised.  They enter other

areas and use other equipment as needed.  Despite having created a separate work area for students,

Nichols Portland makes sure that the students have opportunities to interact with adult employees.

III.  Resources to Redress Injury

Students are covered by workers’ compensation insurance obtained by Maine Career Advantage. 

(See the Maine Career Advantage profile on page 26 for details.)

The company maintains business liability insurance to cover losses that might occur from injury

caused by students.  No such injuries have occurred, however.

IV.  Compliance With Child Labor and Employment Laws

A lack of familiarity with employment and labor laws was initially considered a barrier to employing

students.  Maine Career Advantage helps address that barrier by serving as the employer of record

for purposes of managing wages, deductions, and insurance for students.  Students are considered

employees rather than trainees for purposes of the Fair Labor Standards Act.  Some students qualify

as student-learners who are exempt from some Hazardous Orders. 

Contact: Patrick Connell, Nichols Portland, 2400 Congress Street, Portland, ME 04102, (207) 774-

6121, ext. 9048, fax (207) 774-3601.

	State Profiles of Work-based Learning 

	Risk Management Strategies

Several states are engaged in efforts to help school districts and employers recognize and manage

the risks associated with work-based learning.  Some have created work groups to identify and

analyze risks and plan strategies to reduce risks.  Activities designed to prevent  injury or liability

include:

∙	production and dissemination of materials on child labor law and occupational safety;

∙	training or workshops for employers and other School-to-Work partners in legal and safety issues related to work-based learning;

∙	inspecting or otherwise screening work sites where students will be placed in work-based learning, including observing the tasks they will be performing; and

∙	developing a safety curriculum for students in the classroom and/or the workplace.

States have also identified ways to make resources available to work-based learning participants to

compensate for any financial losses resulting from injury or liability.  Such resources might include

workers’ compensation insurance coverage for students in work-based learning, student accident

insurance, supplemental liability insurance, or other means.

Profiles of risk management related to work-based learning in Vermont, Oklahoma, and Maine are

provided on pages 22 through 27.

Managing Risks Related to Work-based Learning in Vermont

I.   Risk Analysis and Planning

Vermont initiated a Risk Management Committee during the first year of its School-to-Work (SAW)

implementation grant. The Committee consists of Vermont's Director of Risk Management and the

Director of  Workers Compensation, Department of Employment and Training representatives,

selected  regional coordinators,  a  regional  economic  development  executive director,  an

insurance agent, Department of Education and vocational center representatives,  and an individual

with experience in job training programs.  The Committee did an initial risk analysis of SAW

activities throughout Vermont schools, prioritized needs, estimated levels and types of risks

associated with paid and unpaid SAW activities, defined and implemented solutions.

II.  Reducing Hazards

A.  The Committee determined that there was a great deal of misinformation  among  SAW  partners

and there were minimal applicable  insurance  programs  regarding safety and well-being of students

and community partners.  In response to this critical and immediate need,  the Committee developed

and distributed to school boards, superintendents, principals, business managers, SAW coordinators,

and employers Vermont School-to-Work Initiative: Questions & Answers Regarding School-to-

Work  Risk  Management, dated May 1996, and “Vermont's School-to-Work Risk Management

Guide," dated January 1997.

B.  The Committee encouraged and has seen the development and modification of insurance lines

to meet the unique needs of SAW students, parents, schools, and community partners.

C.  To encourage proactive risk management, the Committee promoted the development of training

programs for SAW partners at the local school level and the development of protocols and

checklists.  Two training programs were successfully initiated and extensive work continues on

protocols and checklists. Additional "train-the-trainer" sessions are planned.

D.  Training sessions covered insurance, child labor laws including the Fair Labor Standards Act,

and other work-based learning topics such as supervision, evaluation, and curriculum.

E.   Vermont is producing a work-based learning manual.  One chapter will be devoted to legal issues

surrounding SAW activities.  These issues include all the areas mentioned in section II. D. and more. 

SAW partners will have extensive training in the use of this manual.

F.  The Vermont Legislature is considering a bill that would amend the state's Workers'

Compensation Statute to allow educational institutions to become the "employer of record."  As

currently proposed, this would be allowed for paid, as well as unpaid, work-based/community

service opportunities.  (In late 1996, Vermont's Supreme Court determined that in cases where an

employee of an organization was placed at a "host employer's” place of business and the organization carried Workers' Compensation insurance, the "host employer" would benefit from immunity from

litigation in Workers' Compensation claims.)  A companion piece to the proposed Workers' 

Compensation  Statute amendment would include a certification process. This would require schools

to prove: that the off-campus SAW activity is related to the student's academic program  (for credit

or not for credit);  that the site  follows  basic safety procedures; and that adequate supervision of

students by school and host employer  personnel  is provided.

G.  It has been determined by the State's Director of Unemployment Insurance that when a student 

is  participating  in  a  paid  work-based learning opportunity that is part of  his/her academic

program, the employer is not required to pay state unemployment insurance taxes for that student.

H.  The state is currently evaluating the certification process required of cooperative education

coordinators. This process provides coordinators with information on child labor laws including the

Fair Labor Standards Act.  The state is considering this certification requirement and how it might

apply to other educational personnel involved with the work placement of students.

III. Making Resources Available to Redress Injury

A.   Vermont's schools have available a variety of student accident programs that provide one to five

million dollars of excess accidental medical expense benefits plus adjustment benefits.  These

programs provide coverage for all students involved with non-paid work-based learning, both under

and not under the direct  supervision  of  school  employees  and/or volunteers.  Schools also have

a variety of basic accident insurance programs available that usually "top out" at $25,000.  These

programs are frequently voluntary, however, and many students choose not to participate.

B.   Vermont's schools have been made aware of liability issues and possible problems and solutions. 

Schools need to contact  their existing general liability insurance carrier to ensure that various

work-based learning experiences and student participants are covered.  Some policies exclude off

campus activities and/or activities outside normal school hours.  Schools having students participate

in allied health service activities need to either purchase back their general liability malpractice

exclusion or purchase allied health service professional  liability insurance.  State law requires

schools to provide secondary non-owned auto liability insurance for employees and volunteers.

However, an individual's personal auto insurance is primary.

IV.  Contact Information

    Greg P. Voorheis, SAW Grant Manager

    Department of Employment & Training, Box 488

    Montpelier, VT  05601

    Phone:  (802) 828-4343, Fax:  (802) 828-4374

Managing Risks Related to Work-based Learning in Oklahoma

I.  Risk Analysis and Planning

In February of 1994, 13 School-to-Work Technical Committees were convened to serve as the

system-building foundation for Oklahoma's School-to-Work (SAW) effort.  Among the committees

was the Legal and Labor Issues Technical Committee charged with identifying and responding to

legal barriers to implementation and labor laws and regulations that might have an impact on 

implementation. The Committee included in its membership:

∙	The Chief of Staff of the State Labor Department

∙	Managing Attorney for the State Workers' Compensation Insurance Fund

∙	Assistant General Counsel of the Oklahoma Insurance Department

∙	Rate Analyst from the Oklahoma Insurance Department

∙	Assistant Attorney General

∙	Representative from the U.S. Department of Labor Bureau of Apprenticeship and Training

∙	Representatives of Organized Labor

∙	Assistant District Director of the U.S. Department of Labor Wage and Hour Division

∙	State Equity Coordinator

∙	Two Joint Apprenticeship Program Coordinators

∙	Director of the State Department of Labor Wage and Hour Division

∙	Chief of Employment Service Programs at the State Employment Security Commission

The Committee identified a need for SAW practitioners to develop the capability to deal with the

complex issues surrounding the potential for injury to student participants.

II.  Reducing Hazards

A.  Committee members and other subject matter experts were assembled to develop the Legal and Labor Considerations module, one of a series of 15 practitioner guides entitled Implementing a Local School-to-Work Partnership.  The Oklahoma Department of Labor and the Oklahoma Department of Vocational and Technical Education jointly published Occupational Safety and Health Program which was intended to serve as a guide to employers in the development of a  strategic plan  for safety.  The Oklahoma School-to-Work Office also produced a Job Shadow Guide,  and has disseminated NIOSH’s  Preventing Deaths and Injuries of Adolescent Workers and the U.S. Department of Labor’s  Work Safe This Summer and Beyond: An Employer’s Guide to Teen Worker Safety. 

B.  The Oklahoma School-to-Work Office provides an on-going program of training and workshops

for employers and practitioners. The SAW professional development calendar offers three

workshops that contain risk management material: Developing Business and Industry Partnerships 2525

and Teacher Internships; Legal and Labor Issues; and Developing Mentoring Programs for Job

Shadowing and Other Work-Based Learning.

C.  House Bill 1447 (effective January 1, 1994) provided funding through the Oklahoma Department

of Vocational and Technical Education to provide occupational safety and health assistance,

education, and training for employers in cooperation with the State Department of Labor.

D.  Local SAW partnerships and individual employers can obtain safety and health management

training and related services statewide. A network of 54 area vocational-technical schools serves 72

of 77 counties in the state. Eight of the schools have developed  Safety Centers  that serve as regional

curriculum and assistance resources in the state's industrial centers.  In 1997, 257,000 contact hours

were provided to 75,000 students from 784 employers.

III.  Making Resources Available to Redress Injury

The Oklahoma School-to-Work Office encourages local partnerships to find the right  combination

of support for potential injuries/liabilities, given the minuscule rate of injuries in non-employment

activities and the mandatory workers' compensation coverage for those who are employed. This

frequently means offering or requiring limited medical policies for those students not covered by a

comprehensive family medical plan, or working with organizations such as Junior Achievement that

provide liability coverage for volunteers.  The Oklahoma School-to-Work Office monitors

developments in this area, but to date, has not seen a compelling need to provide subsidies or other

accommodations for employers whose risk associated with non-employee work-based learning

students is not substantially different from that related to other visitors to their workplaces.

IV.  Other Actions

The Oklahoma School-to-Work Office maintains contact with safety and health, insurance, and other

practitioners to insure a continuing flow of information about risk insurance and liability issues. 

Discussions are currently underway with the state’s human resource management organizations to

work on an implementation package for human resource professionals who are often the key

employer officials in dealing with both workforce and risk management issues.

V.  Contact Information

Nathan Powell, State Liaison

Oklahoma School-to-Work Office

1500 West Seventh Avenue

Stillwater, Oklahoma   74074-4364

(405) 743-5597

fax (405) 743-5142

nathan_powell@okvotech.org

Managing Risks Related to Work-based Learning in Maine

Maine Career Advantage (MCA) is a statewide program that provides both career and summer

internship opportunities. Health and safety issues are addressed similarly in both programs, although

the intensity of training varies based on the duration and conditions of the internship. Career

internships are two years in duration and include at least a year at one of the State's seven Technical

Colleges where interns earn credit toward an associate degree. Interns receive a stipend during their

training in one of over 20 occupational cluster areas.  Summer internships last for approximately

eight weeks and are more general in nature.

I.  Risk Analysis and Planning

Like all good risk management programs, MCA's is a work in progress, always attempting to

address new needs and changing conditions.  Program staff were actively involved in a statewide

work group looking at health and safety issues, and they assisted in the development of a curriculum

for use in grades K-12.  Program staff were also recently certified to provide 10-hour OSHA certified

training programs and are reviewing how best to introduce this as an offering to interns.  Each of the

program's occupational standards addresses general and industry specific health and safety issues. 

Standards are designed and validated by practitioners in both business and education.

II.  Reducing Hazards

All interns receive child labor, occupational health and safety, and other relevant employment

standards information as a part of their required orientation activities.  More specific orientation and

training are provided at the training site as required by regulation or company policy and as

appropriate, given the interns' experience.  Potential hazards and a training site's safety attitude are

important factors in the recruitment of participating businesses.  Sponsoring businesses are required

to have supervisors attend MCA training, which includes sessions on occupational health and safety

and workers' compensation issues.  General and industry specific occupational health and safety

concerns are addressed in each of the more than 20 individual industry standards documents. The

program has not sought to change existing state law, preferring instead to provide realistic and safe

examples of the workplace experience.

III.  Making Resources Available to Redress Injury

MCA is a 501(c)3 and 509(a)3 corporation and is the employer of the interns.  As the employer,

MCA provides workers' compensation coverage for interns.  Program staff work with the carrier to

provide risk management analysis and services.  As an example, MCA is currently working to

provide accident investigation and training to field staff.  When injuries occur, appropriate medical

care and notification are the primary concern.  If appropriate, modified training will be arranged to

facilitate a quick and appropriate return to the training site. MCA also provides a commercial general

liability policy.

IV.  Other Actions

Sponsoring sites are encouraged to treat interns similarly to existing employees in relation to health

and safety training.  Processes to better review and act on the program's experience are being

developed.  A questionnaire conducted by new interns of training site supervisors helped to set a

positive tone regarding health and safety as well as identify areas of additional training and

orientation.

MCA set up a 501© (3) according to the Internal Revenue code.  The 501© (3) entity qualifies as

a 509 (a) (3) organization that exclusively supports secondary and post-secondary education. This

entity was created to accomplish several things related to students in the program, including to

receive an exemption of wages from FUTA, the State Unemployment Tax Act, the Federal Insurance

Contributions Act, and retirement; and to obtain a separate workers’ compensation employer code.

V.  Contact Information

     Jim McGowan, Acting Director

     Research & Curriculum

     Center for Career Development

     SMTC

     Fort Road

     South Portland, Maine 04106

     (207) 767-5210 ext. 107

     Susan Brown, Director

     Maine Career Advantage

     Center for Career Development

     SMTC

     Fort Road

     South Portland, Maine 04106

     (207) 767-5210 ext. l 11

	Resources

States, local partnerships, school districts, and employers that would like to develop risk

management plans or simply learn more about these issues will find information on  risk

management, insurance, and occupational safety and health from the following publications and

organizations.   For information on occupational safety and health standards, contact  OSHA’s Office

of Information and Consumer Affairs at the number below and ask for the OSHA office or state

occupational safety office in your state.  OSHA Fact Sheets and other publications can be obtained

through the OSHA Publications Office or the Government Printing Office listed below.

Publications

Dunklee, Dennis R.  A Primer for School Risk Management: Creating and Maintaining District and Site-based Liability Prevention Programs.  Boston, MA: Allyn and Bacon, 1993.

Education Development Center, Inc.  Protecting Working Teens: A Public Health Resource Guide.  Newton, MA:  Education Development Center, Inc., 1995.

Hampton, John J.  Essentials of Risk Management and Insurance.  New York: AMACOM, 1993.

Iowa Department of Economic Development School-to-Work Office.  School-to-Work Risk Management Program: Procedures and Practices Manual. Des Moines, IA: Iowa Department of Economic Development, 1998.

Massachusetts Office of School-to-Work Transition.  Students in the Workplace: An Insurance and Liability Reference Guide.  Boston, MA:  Massachusetts Office of School-to-Work Transition, October 1996.

Minor, Jacqueline K. and Vern B. Minor. Risk Management in Schools: A Guide to

Minimizing Liability. Newbury Park, CA: Corwin Press Inc., 1991. 

National Institute for Occupational Safety and Health.  Are You a Working Teen? What You Should Know About Safety and Health On the Job.  DHHS (NIOSH) Publication No. 97-132. Cincinnati, OH: National Institute for Occupational Safety and Health, 1997. 

National Institute for Occupational Safety and Health. Preventing Deaths and Injuries of Adolescent Workers.  DHHS (NIOSH) Publication No. 95-125. Cincinnati, OH: National Institute for Occupational Safety and Health, May1995.

National Institute for Occupational Safety and Health. Special Hazard Review: Child Labor Research Needs: Recommendations From the NIOSH Child Labor Working Team.  DHHS (NIOSH) Publication No. 97-143. Cincinnati, OH: National Institute for Occupational Safety and Health.

National Institute for Occupational Safety and Health.  “Work-Related Injuries and Illnesses

Associated With Child Labor--United States.”  Morbidity and Mortality Weekly Report 45:446-64, 1996.

National School-to-Work Office. “School-to-Work and the Fair Labor Standards Act: A Guide to

Work-Based Learning, Federal Child Labor Laws, and Minimum Wage Provisions. Washington,

DC:  National School-to-Work Office, 1995.

Oklahoma Department of Labor and the Oklahoma Department of Vocational and Technical

Education. Occupational Safety and Health Program. Stillwater, OK: Oklahoma Department of Labor, 1994.

Oklahoma Department of Vocational and Technical Education. Implementing a Local

School-to-Work Partnership: Legal and Labor Considerations, Module 12. Stillwater,

OK: Oklahoma Department of Vocational and Technical Education, 1996.

Rynard, Thomas W.  Insurance and Risk Management for State and Local Governments. New York: Times Mirror Books, 1991.

Sadgrove, Kit. The Complete Guide to Business Risk Management.  Brookfield, VT: Gower, 1996.

Schneid, Thomas D. Legal Liability: A Guide for Safety and Loss Prevention Professionals. Gaithersburg, MD: Aspen Publishers, 1997.

Tremper, Charles Robert.  No Surprises: Controlling Risks in Volunteer Programs. Washington, DC: Nonprofit Risk Management Center, 1993.

Trieschmann, James S.  Risk Management and Insurance.  Cincinnati, OH: Southwestern, 1998.

U.S. Department of Education and U.S. Department of Labor Office of School-to-Work

Opportunities. School-to-Work and Employer Liability: A Resource Guide. Washington,

DC: Office of School-to-Work Opportunities, 1997.

U.S. Department of Labor, Bureau of Labor Statistics. The New Worker Factor Associated with Occupational Injuries and Illnesses. Washington, DC: U.S. Government Printing Office, 1982.

U.S. Department of Labor, Bureau of Labor Statistics. Occupational Injuries and Illnesses: Counts, Rates, and Characteristics. Washington, DC: U.S. Government Printing Office, 1997.

U.S. Department of Labor Occupational Safety and Health Administration.  Training Requirements in OSHA Standards and Training Guidelines.  OSHA Publication 2254, 1998 Reprint forthcoming.

U.S. Department of Labor Occupational Safety and Health Administration. Voluntary Protection Programs Policies and Procedures Manual. Washington, DC: U.S. Government Printing Office, Revised 1996.

U.S. Department of Labor Occupational Safety and Health Administration.  Inspecting for Job Safety and Health Hazards, OSHA Fact Sheet: 93-02.

U.S. Department of Labor Occupational Safety and Health Administration.  Farm Safety, OSHA Fact Sheet 95-39.

U.S. Department of Labor Occupational Safety and Health Administration.  Improving Workplace Protection for New Workers, OSHA Fact Sheet: 93-07. 

U.S. Department of Labor Occupational Safety and Health Administration.  Job Safety and Health, OSHA Fact Sheet: 93-01.

U.S. Department of Labor Occupational Safety and Health Administration.  Voluntary Safety and Health Program Management, OSHA Fact Sheet: 91-37. 

U.S. Department of Labor Wage and Hour Division. Employment Relationship Under the Fair Labor Standards Act.  WH Publication 1297, Reprinted August, 1985.

U.S. Department of Labor Wage and Hour Division. Unpaid School Work Experience Under the Fair Labor Standards Act.  Unnumbered Fact Sheet, October, 1996. 

Vermont School-to-Work Risk Management Committee.  Vermont’s School-to-Work Risk Management Guide.  Montpelier, VT: Vermont Department of Employment and Training, 1997.  

Organizations

American Conference of Government Industrial Hygienists develops and disseminates technical information that can be applied to create and maintain a healthful and safe environment for workers

and the surrounding community. 1330 Kemper Meadow Drive, Suite  600, Cincinnati, OH 45240,

(513) 742-2020, Fax: (513) 742-3355, Internet: http://www.acgih.org/. 

American Industrial Hygiene Association (AIHA) is a source for information on occupational

and environmental health and safety issues.  AIHA’s more than 12,000 professional members are

dedicated to the anticipation, recognition, evaluation, and control of environmental factors arising

in or from the workplace that may result in injury, illness, impairment, or affect the well-being of

workers and members of the community. 2700 Prosperity Avenue, Suite 250, Fairfax, VA 22031, 

(703) 849-8888, Fax: (703) 207-3561, E-Mail: infonet@aiha.org, Internet: http://www.aiha.org/.

American Society of Safety Engineers promotes the advancement of the safety profession and fosters the technical, scientific, managerial, and ethical knowledge, skills, and competency of safety

professionals.  Its 28,000 members manage, supervise, and consult on safety, health, and

environmental issues in industry, insurance, government, and education. 1800 E. Oakton Street, Des

Plaines, IL 60018, (847) 699-2929, Internet: http://www.nc-asse.org/who.html.

Children’s Safety Network (CSN) is a unique group of resource centers working to assist states, communities, and others to prevent child and adolescent injuries. Education Development Center,

Inc., 55 Chapel Street, Newton, MA 02158-1060, (617) 969-7100, ext. 2207, Fax: (617) 244-3436,

Email: csn@edc.org, Internet: http://www.edc.org/HHD/csn.

Eastern Washington University Center for Farm Health and Safety works to develop understanding of the health and safety process and design programs that will help prevent injuries

and illness in agriculture, including forestry and fisheries industries. Center for Farm Health &

Safety, 526 5th Street, MS-38, Cheney, WA  99004, (509) 359-7995, Fax: (509) 359-6732.

Education Law Association (ELA) is a nonprofit, nonadvocacy group founded in 1954 to provide a forum for communication on current issues in education law.  ELA publishes a variety of books,

newsletters, and monographs and hosts regional conferences and an annual convention to promote

the understanding of the legal framework of education and the rights of students, parents, school

boards, and school employees. 300 College Park, Dayton, OH 45469-2280, (937) 229-3589, Fax:

(937) 229-3845, E-mail: ela@udayton.edu.

National Institute for Occupational Safety and Health (NIOSH) was established by the Occupational Safety and Health Act of 1970.  NIOSH is part of the Centers for Disease Control and

Prevention (CDC) and is the federal institute responsible for conducting research and making

recommendations for the prevention of work-related illnesses and injuries.  NIOSH conducts

research on teen work safety (including the magnitude and circumstances of youth work injuries)

and funds demonstration projects testing community-based approaches to preventing teen work

injuries.  They are developing vocational education materials to teach teens about work hazards and

their prevention, and have published documents for employers, parents, and teens on preventing

youth work injuries.  Hubert H. Humphrey Building, 200 Independence Avenue, SW, Room 715H,

Washington, DC 20201, (202) 401-6995 or 1-800-35-NIOSH,  Internet: http://www.cdc.gov/niosh.

Occupational Safety and Health Administration (OSHA). The mission of OSHA is to save lives, prevent injuries, and protect the health of America's workers. To accomplish this, federal and state

governments work in partnership with the more than 100 million working men and women and their

six and a half million employers who are covered by the Occupational Safety and Health Act of

1970.  OSHA and its state partners have approximately 2100 inspectors, plus complaint 

investigators, engineers, physicians, educators, standards writers, and other technical and support

personnel spread over more than 200 offices throughout the country.  This staff establishes protective

standards, enforces those standards, and reaches out to employers and employees through technical

assistance and consultation programs.  OSHA’s Targeted Training Grants provide funding to address unmet needs for safety and health training and education in the workplace.  The program has three

areas of emphasis: (1) educating small businesses; (2) training workers and employers in new OSHA

standards; and (3) training in recognized high hazard areas.   Awards have been made to safety and

health organizations, employer associations, labor organizations, and educational institutions.   

Contact OSHA Office of Information and Consumer Affairs, U.S. Department of Labor, 200

Constitution Avenue, NW, Room N3637, Washington DC 20210,  (202) 219-8151. Internet:

http://www.osha.gov/.

OSHA Consultation Service assists businesses in identifying and correcting occupational safety and health hazards.  Over the last five years, OSHA's on-site consultation services conducted more

than 100,000 free visits, helping employers correct 800,000 hazards. About 40 percent of these visits

were with firms with fewer than 50 employees. Run by state government agencies, this service is

available on request to help smaller more hazardous employers find out about potential hazards at

their work sites and improve or implement effective work site safety and health.  For the location

of the Consultation Service in any state contact OSHA Office of Federal-State Operations, U.inting Office, 1997.

U.S. Department of Labor Occupational Safety and Health Administration.  Training Requirements in OSHA Standards and Training Guidelines.  OSHA Publication 2254, 1998 Reprint forthcoming.

U.S. Department of Labor Occupational Safety and Health Administration. Voluntary Protection Programs Policies and Procedures Manual. Washington, DC: U.S. Government Printing Office, Revised 1996.

U.S. Department of Labor Occupational Safety and Health Administration.  Inspecting for Job Safety and Health Hazards, OSHA Fact Sheet: 93-02.

U.S. Department of Labor Occupational Safety and Health Administration.  Farm Safety, OSHA Fact Sheet 95-39.

U.S. Department of Labor Occupational Safety and Health Administration.  Improving Workplace Protection for New Workers, OSHA Fact Sheet: 93-07. 

U.S. Department of Labor Occupational Safety and Health Administration.  Job Safety and Health, OSHA Fact Sheet: 93-01.

U.S. Department of Labor Occupational Safety and Health Administration.  Voluntary Safety and Health Program Management, OSHA Fact Sheet: 91-37. 

U.S. Department of Labor Wage and Hour Division. Employment Relationship Under the Fair Labor Standards Act.  WH Publication 1297, Reprinted August, 1985.

U.S. Department of Labor Wage and Hour Division. Unpaid School Work Experience Under the tion.  Voluntary Safety and Health Program Management, OSHA Fact Sheet: 91-37. 

U.S. Department of Labor Wage and Hour Division. Employment Relationship Under the Fair Labor Standards Act.  WH Publication 1297, Reprinted August, 1985.

U.S. Department of Labor Wage and Hour Division. Unpaid School Work Experience Under the Fair Labor Standards Act.  Unnumbered Fact Sheet, October, 1996. 

Vermont School-to-Work Risk Management Committee.  Vermont’s School-to-Work Risk Management Guide.  Montpelier, VT: Vermont Department of Employment and Training, 1997.  

Organizations

American Conference of Government Industrial Hygienists develops and disseminates technical information that can be applied to create and maintain a healthful and safe environment for workers

and the surrounding community. 1330 Kemper Meadow Drive, Suite  600, Cincinnati, OH 45240,

(513) 742-2020, Fax: (513) 742-3355, Internet: http://www.acgih.org/. 

American Industrial Hygiene Association (AIHA) is a source for information on occupational

and environmental health and safety issues.  AIHA’s more than 12,000 professional members are

dedicated to the anticipation, recognition, evaluation, and control of environmental factors arising

in or from the workplace that may result in injury, illness, impairment, or affect the well-being of

workers and members of the community. 2700 Prosperity Avenue, Suite 250, Fairfax, VA 22031, 

(703) 849-8888, Fax: (703) 207-3561, E-Mail: infonet@aiha.org, Internet: http://www.aiha.org/.

American Society of Safety Engineers promotes the advancement of the safety profession and fosters the technical, scientific, managerial, and ethical knowledge, skills, and competency of safety

professionals.  Its 28,000 members manage, supervise, and consult on safety, health, and

environmental issues in industry, insurance, government, and education. 1800 E. Oakton Street, Des

Plaines, IL 60018, (847) 699-2929, Internet: http://www.nc-asse.org/who.html.

Children’s Safety Network (CSN) is a unique group of resource centers working to assist states, communities, and others to prevent child and adolescent injuries. Education Development Center,

Inc., 55 Chapel Street, Newton, MA 02158-1060, (617) 969-7100, ext. 2207, Fax: (617) 244-3436,

Email: csn@edc.org, Internet: http://www.edc.org/HHD/csn.

Eastern Washington University Center for Farm Health and Safety works to develop understanding of the health and safety process and design programs that will help prevent injuries

and illness in agriculture, including forestry and fisheries industries. Center for Farm Health &

Safety, 526 5th Street, MS-38, Cheney, WA  99004, (509) 359-7995, Fax: (509) 359-6732.

Education Law Association (ELA) is a nonprofit, nonadvocacy group founded in 1954 to provide a forum for communication on current issues in education law.  ELA publishes a variety of books,

newsletters, and monographs and hosts regional conferences and an annual convention to promote

the understanding of the legal framework of education and the rights of students, parents, school

boards, and school employees. 300 College Park, Dayton, OH 45469-2280, (937) 229-3589, Fax:

(937) 229-3845, E-mail: ela@udayton.edu.

National Institute for Occupational Safety and Health (NIOSH) was established by the Occupational Safety and Health Act of 1970.  NIOSH is part of the Centers for Disease Control and

Prevention (CDC) and is the federal institute responsible for conducting research and making

recommendations for the prevention of work-related illnesses and injuries.  NIOSH conducts

research on teen work safety (including the magnitude and circumstances of youth work injuries)

and funds demonstration projects testing community-based approaches to preventing teen work

injuries.  They are developing vocational education materials to teach teens about work hazards and

their prevention, and have published documents for employers, parents, and teens on preventing

youth work injuries.  Hubert H. Humphrey Building, 200 Independence Avenue, SW, Room 715H,

Washington, DC 20201, (202) 401-6995 or 1-800-35-NIOSH,  Internet: http://www.cdc.gov/niosh.

Occupational Safety and Health Administration (OSHA). The mission of OSHA is to save lives, prevent injuries, and protect the health of America's workers. To accomplish this, federal and state

governments work in partnership with the more than 100 million working men and women and their

six and a half million employers who are covered by the Occupational Safety and Health Act of

1970.  OSHA and its state partners have approximately 2100 inspectors, plus complaint 

investigators, engineers, physicians, educators, standards writers, and other technical and support

personnel spread over more than 200 offices throughout the country.  This staff establishes protective

standards, enforces those standards, and reaches out to employers and employees through technical

assistance and consultation programs.  OSHA’s Targeted Training Grants provide funding to address unmet needs for safety and health training and education in the workplace.  The program has three

areas of emphasis: (1) educating small businesses; (2) training workers and employers in new OSHA

standards; and (3) training in recognized high hazard areas.   Awards have been made to safety and

health organizations, employer associations, labor organizations, and educational institutions.   

Contact OSHA Office of Information and Consumer Affairs, U.S. Department of Labor, 200

Constitution Avenue, NW, Room N3637, Washington DC 20210,  (202) 219-8151. Internet:

http://www.osha.gov/.

OSHA Consultation Service assists businesses in identifying and correcting occupational safety and health hazards.  Over the last five years, OSHA's on-site consultation services conducted more

than 100,000 free visits, helping employers correct 800,000 hazards. About 40 percent of these visits

were with firms with fewer than 50 employees. Run by state government agencies, this service is

available on request to help smaller more hazardous employers find out about potential hazards at

their work sites and improve or implement effective work site safety and health.  For the location

of the Consultation Service in any state contact OSHA Office of Federal-State Operations, U.inting Office, 1997.

U.S. Department of Labor Occupational Safety and Health Administration.  Training Requirements in OSHA Standards and Training Guidelines.  OSHA Publication 2254, 1998 Reprint forthcoming.

U.S. Department of Labor Occupational Safety and Health Administration. Voluntary Protection Programs Policies and Procedures Manual. Washington, DC: U.S. Government Printing Office, Revised 1996.

U.S. Department of Labor Occupational Safety and Health Administration.  Inspecting for Job Safety and Health Hazards, OSHA Fact Sheet: 93-02.

U.S. Department of Labor Occupational Safety and Health Administration.  Farm Safety, OSHA Fact Sheet 95-39.

U.S. Department of Labor Occupational Safety and Health Administration.  Improving Workplace Protection for New Workers, OSHA Fact Sheet: 93-07. 

U.S. Department of Labor Occupational Safety and Health Administration.  Job Safety and Health, OSHA Fact Sheet: 93-01.

U.S. Department of Labor Occupational Safety and Health Adm