Scared for one of "my" kids

[SLawyer Dave]

A large portion of my law practice is dedicated to representing "juveniles" that come before the court for various reasons, (both dependency where generally the parents' issues bring the family before the court and delinquency where the child's actions bring them to the attention of law enforcement).  Yesterday, one of my clients came before the court and was all excited about his new job, "cutting and splitting firewood".  He was proud of the numerous scratches on his hands and arms.

So in court, I started asking him some questions.  Turns out that he is helping to take out orchards of fruit and nut trees after school, (he is 16).  His employer does not furnish any safety equipment, gloves, or by the sounds of it any real training.  He said that he mostly just loads the wood on the trucks, but loves using the chainsaw when they let him.  His training has consisted of being told to "be careful", and to "watch what you are doing".  He has no prior experience using or working around chainsaws.

Both I and the judge, (who we learned has a friend that has permanent scarring on his face from a chainsaw accident), were quite concerned about all this.  Yet, we can't really prevent him from working, (it is in fact one of the goals we set for the kids).  We never considered this kind of a dangerous endeavor though.  I am sure his employer is a fly by night operator, and if anything does happen, this young man won't have any insurance or worker's comp to fall back on. 

I told him to come by my office on Monday, because I just decided to upgrade my safety equipment, and he certainly better use my old stuff.

[Bricklayer51]

You are a good man sir.

[landscraper]

"We never considered this kind of a dangerous endeavor though.  "

There is not enough time in eternity to contemplate every iteration of every possible outcome of every fork on the decision tree and make perfect decisions.  As such, from time to time when after careful deliberation men set things in motion, their efforts produce unintended results;  "the best laid plans of mice and men..."   The only thing to do is to respond accordingly, with prudence, as it sounds you are doing.  The young man is lucky someone is concerned about his well-being.

I think the FLSA prohibits minor employees under 16 from running a chainsaw, among other things, and that minor employees between 16-<18 may only do so under direct and close supervision.  You say he is 16, but sounds like the supervision may be lacking.  I wonder if his employer is aware of the requirements of employing a minor in what the Department of Labor deems "hazardous" work.  Their purview extends to agricultural work as well (you mentioned orchards).

(I'm just an employer who has been asked by teens for summer work and had to learn a little about the rules to make a decision.)

[samandothers]

Dave
Good for you!  You were put in the right place at the right time.  I know your getting involved can sure help the boy with some basic personal safety equipment and a few words of wisdom.

[Autocar]

Your a good man times two !

[SLawyer Dave]

Thanks all, but I was really not fishing for compliments and "atta boys".  I just couldn't believe anyone "experienced" in chain saw use would 1) let someone use their saw who wasn't 2) would have someone untrained working around them 3) not actively train them to correct this. 

It's like going out hunting with someone who has no idea about "gun safety" and "hunter safety".  You are in just as much danger as the newb.   

[red]

You have only heard the young persons side of it.  . . is it possible there is another side to this story?

[SLawyer Dave]

Anything is possible, and he did back off a bit about how much he has used the saw when the judge and I started pushing him, but when I asked him to describe the "safety gear" he wore, he didn't know what I was talking about.  When I asked about "chainsaw chaps", it was obvious that he has never seen or heard of such. 

He thought I was crazy suggesting that he needed to wear a cotton long sleeve shirt, as that would be "even hotter".   I *think* I got across to him that such a shirt, with him sweating in it, will actually make him feel cooler, (evaporation was also a new concept for him apparently), and will give him some protection from the scrapes and cuts that are a constant irritant when cutting up fruit and nut trees. 

So based on his responses, I do believe he was telling the general truth, (well as close as you are going to get from the perspective of a 16 yr old).