New law allows youth firefighting programs

July 1, 2009

By Rachel Carlson 

http://web.lmc.org/bulletin/bulletin_detail.cfm?art_id=2505&id=1&title=Legislative%20News#2505

Chapter 169 (SF 191), enacted in 2009, grants cities permission to allow some limited youth activities and programs related to firefighting. Previously Minnesota Statutes, section 424A.01, subdivision 1 explicitly prohibited allowing a “minor to serve in any capacity performing any firefighting duties,” except for 17-year-olds who had already completed high school.

City volunteer fire departments, which rely on recruitment of civic-minded volunteers to fill their ranks, often view youth recruitment and fire clubs/explorer programs as an excellent way to attract and recruit life-long members. In addition, youth programs may be viewed as an excellent outreach to the public regarding the tasks and hazards involved in firefighting. The decision to establish a program related to youth firefighting must be made by the city council, with the advice and counsel of the local fire department.

The new legislative permission carries many important restrictions. Any youth participating in firefighting duties in any capacity must be:

• Part of a youth, civic, or educational organization or program, such as the Boy Scout Explorer Program or firefighting degree programs.
• Under uninterrupted adult supervision.

It is important to note, that the new statute does not define or limit the term “minors” to a specific age group. Under the law, a minor is usually considered any child under the age of 18. However, the Minnesota Child Labor Standards Act (the MCLSA) prohibits any employment of children under the age of 14. In addition, in this instance, cities may wish to consider being more restrictive than state statute. Cities may set their own reasonable age (such as 16 or older) for participation in youth firefighting programs, and not allow younger children to participate. Cities should verify the age of all participants in their programs by obtaining reliable documentation (such as a state identification card).

Once a city has decided to utilize youth participants, it must scrutinize carefully the types of duties it will allow youth to perform. The new state statute provides some guidance on this issue. The statute provides that youth may perform duties “as allowed by federal law and (Minnesota Statutes, section) 181A.04,” which is the MCLSA.

Traditional structure firefighting involves many varied tasks including: operation of motor vehicles to respond to scenes, operation of power-driven fire suppression equipment at the scene, climbing ladders, ventilating roofs, operation of power saws, and demolition/tear-down of structures once a fire is suppressed. Many fire departments also provide first responder services and operate at the scene of traffic accidents and medical emergencies in their community. Operating on the scene of traffic accidents may involve the driving of vehicles, operation of metal cutting and extraction equipment, and the setting up/dismantling of scene control devices.

In setting duties for youth participating in firefighting programs, it is important to note that the MCLSA still prohibits allowing youth under 18 to participate in any occupation or activity, or on any site, which is hazardous or dangerous to life, limb, or health. The MCLSA specifically prohibits allowing youths under 18 to be in or about a place of employment where chemicals, compounds, dusts, fumes, vapors, gases, or radioactive materials, or other substances are present at excessive temperatures or in injurious, explosive, toxic, or flammable quantities. However, youths may perform tasks which do not require being in or entering the immediate area of the hazardous operation, equipment, or materials. In addition, federal law and the MCLSA prohibit a long list of specific hazardous activities for youths of various ages such as: working on roofs, operating vehicles and power-driven equipment, working on ladders over 12 feet tall, demolition work, and more.

These types of restrictions relegate youth performing firefighting duties to very limited roles. The law allows them to be on the scene of a fire, but not in or within the immediate area of the fire. This prohibits any interior structure firefighting, but may allow youth to serve in some secondary capacity on the scene. Youth may also assist at the fire hall, in non-emergency situations, in a variety of ways. Cities should be aware that Occupational Safety and Health Administration regulations will apply to these situations.

Cities may use youth firefighting programs as an important tool to recruit and retain new members and to perform outreach to the public about the tasks and hazards involved in firefighting. However, it is important to remember that firefighting is a potentially hazardous activity. As a result, city councils should consider carefully whether to allow their fire departments to utilize youth programs, ensure that the programs follow federal and state laws related to child labor, and are adequately covered by the city’s insurance policy. 

The League of Minnesota Cities (LMC) has prepared a more expansive article on this topic, which includes a comprehensive list of youth labor restrictions under state and federal law.

For more information or to request the expanded article, contact Rachel Carlson, LMC, at rcarlson@... or (651) 281-1226.