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 Post subject: Where the "18 To Work For the RR" Comes From...
PostPosted: Sun Feb 22, 2004 6:55 pm 

Hey everyone...

Some time ago, I recall a discussion about attracting younger blood to the preservation field, and the topic of conversation turned toward regulations on minimum age requirements for volunteers/employees involved with rail operations.

Mention was made of possible FRA regulations mandating a minimum age of 18, but nobody really could pinpoint if that was truly the case. I'm not sure whether or not the issue was ever resolved, but here's what I found in the past few days...

The minimum age for working in the rail industry is in fact 18, but the laws dictating such are not set by the FRA ... they're part of the US Child Labor laws. According to US law, an individual must be 18 years of age to work in any non-farming occupation deemed to be of a hazardous nature by the US Department of Labor. Specifically, the list of hazardous occupations is determined by the Secretary of Labor, who maintains the list. Railroading, be it train operations ... or in other departments such as MOW or a repair shop, is classified as a hazardous occupation.

This list of occupations is the same one that keeps those under the age of 18 from being employed in such fields as the mining industry.

How the Department of Labor would interpret being "employed" versus "volunteering" wasn't mentioned in my resources, so folks may have to check into those laws more carefully to determine under what capacities a minor could take part in RR-related preservation work...


Fiv4HghStk@aol.com


  
 
 Post subject: Contact USFRA, OGC
PostPosted: Mon Feb 23, 2004 9:07 pm 

USFRA made a ruling in this regard in the past year or so, this advisory opinion growing out of a shortline labor matter. While I do not have a copy of the OGC opinion, I recall it generally addressed the differences in the responsibilities of a licensed
motor vehicle operator and a diesel-electric locomotive operator.

The ruling seemed, on first impression, to be applicable to railroad preservation groups who operate under the USFRA administrative umbrella. However, since my "home road" museum -- TVRM --had policies that complied with the ruling and had no volunteers or employees in the grey area, I did not file the document.

However, if anyone is really interested, a letter to the agency's Office of General Counsel should bring forth a copy of said opinion.

amiller@rtms-movietrains.com


  
 
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