Governor Bentley’s Department of Labor Forcing Volunteer Fire Out Of Business

Rickey Stokes

Viewed: 5037

Posted by: RStokes
Date: Sep 28 2016 9:38 AM

Child Labor Letter Fire Departments by rickystokesnews on Scribd

ALABAMA:   Another blow to the service as a volunteer in fire service.

Alabama Governor Robert Bentley’s “Department of Labor” sent out a memorandum to “ All Alabama Fire Departments, Career and Volunteer”.

The memorandum reads:

“ Alabama Department of Labor will no longer issue warnings for bringing minors under 16 to the scene of a fire, or for working a 14 – 17 aged persons outside of the requirement set forth in the Fire Explorer/Junior Cadet Fire Service Manual. Effective immediately, civil money penalties ( $ 1,000 - $ 5,000 )will be issued to any fire department that allow individuals who bring a child under 16 years of age to the scene of a fire. This will be enforced without exception. We further reserve the right to turn the matter over to the District Attorney for criminal charges”.

I called Robin Wilburn, Child Labor Inspector Supervisor, for comment. She has to refer to legal who is suppose to get back with me.

Many volunteers, when they get a fire call, on their own vehicle and time, free, respond to calls. The children remain in or near their vehicle. At times children might help other adults with passing out bottles of cold water to fireman. But the children do not fight the fire.

Reading the letter word for word as written, “…who bring a child under 16 years of age to the scene of a fire”.

This dramatically affects people who are responding to scenes. They do so for free.

This also impacts the people who are served by volunteers. They must carry their children home or somewhere before they can respond to the scene of a fire.

The areas serviced by volunteers better get their wallets ready. Looks like paid full time fireman are on the way now to a broke State of Alabama who can not fund Medicaid already.

CODE OF ALABAMA

Section 25-8-43

Prohibited occupations and places for persons under 18 years of age.

(a) No person under 18 years of age shall be employed or permitted or suffered to work at any of the following occupations, positions, or places:

(1) In or about or in connection with any mine, coke breaker, coke oven, or quarry in any capacity.

(2) In wrecking, demolition, and shipbreaking.

(3) In any tunnel or excavation with a depth of four feet or more.

(4) In any roofing, scaffolding, or sandblasting operations.

(5) Operating or driving any truck or heavy equipment over three tons gross weight.

(6) In logging or around any sawmill, lath mill, shingle, or cooperage-stock mill.

(7) Operating any power-driven woodworking, bakery, or paper-products machinery.

(8) Upon any steam, electric, diesel, hydraulic, or other railroad.

(9) As firefighters.

(10) Operating any stamping machines used in sheet metal or tin ware, or in paper or leather manufacturing, or washer or nut factories.

(11) In or around any steam boiler or rolling mill machinery.

(12) Operating any power-driven metal forming, cutting, straightening, drawing, punching, or shearing machines.

(13) Operating or assisting in operating any elevators, open-freight elevators, cranes, derricks, or other power-driven hoisting apparatus, with the exception of an unattended automatic passenger elevator.

(14) Operating any paper cutting, stapling, corrugating, or punching machines.

(15) Assembling, adjusting, cleaning, oiling, or servicing machinery in motion.

(16) Operating any circular saws, band saws, or guillotine shears.

(17) In or around any distillery where alcoholic beverages are manufactured, bottled, wrapped, or packed.

(18) In the manufacture, storage, or transportation of explosive components.

(19) In the manufacturing of brick, tile, or similar products.

(20) In the manufacture or transportation of dangerous or toxic chemicals or compounds.

(21) In, about, or in connection with, poisonous dyes, dangerous or poisonous gases, compositions of lye in dangerous quantities, dangerous or poisonous acids, or pesticides.

(22) In any activity involving exposure to radioactive substances or ionizing radiation.

(23) Around asbestos or any other cancer-causing agents.

(24) Operating or assisting in operating any job, cylinder, or offset printing presses.

(25) In any activity involving slaughtering, butchering, and meat cutting.

(26) In any place or occupation which the department may declare dangerous to life or limb or injurious to the health or morals of persons under 18 years of age.

(b) This section shall not apply to persons 16 or 17 years of age enrolled in work-study, student-learner, cooperative education, or similar programs in which the employment is an integral part of the course of study and is registered by the Bureau of Apprenticeship and Training of the United States Department of Labor or to employment procured and supervised through the Alabama Department of Education and approved by the Alabama Department of Labor.

(Acts 1995, No. 95-604, p. 1263, §12; Act 2000-706, p. 1479, §1.)

Section 25-8-33

Persons under 16 years of age prohibited from working; exceptions; evidence of employment.

No person under 16 years of age shall be employed, except in agricultural service, and except as otherwise provided in this chapter. Any person 14 or 15 years of age may be employed outside school hours and during school vacation periods, so long as the person is not employed in, about, or in connection with, any manufacturing or mechanical establishment, cannery, mill, workshop, warehouse, or machine shop or in any occupation or place of employment otherwise prohibited by law. The presence of any person under 18 years of age in any restricted business establishment or restricted occupation shall be prima facie evidence of his or her employment therein.

(Acts 1919, No. 629, p. 867; Code 1923, §3494; Code 1940, T. 26, §343; Acts 1947, No. 613, p. 460, §1; §25-8-1; Acts 1995, No. 95-604, p. 1263, §2; Act 2012-231, p. 424, §1.)

Section 25-8-32.1

Definitions.

For purposes of this chapter, the following words and phrases shall have the following meanings:

(1) COMMISSIONER. The Commissioner of the Department of Labor.

(2) DEPARTMENT. The Department of Labor.

(3) ELIGIBILITY TO WORK FORM. A form issued by the head administrator, counselor, or, if home schooled an instructor of the school which a 14- or 15-year-old minor attends certifying satisfactory grades and attendance of the minor in order for a 14- or 15-year-old minor to be employed.

(4) EMPLOY. To employ, permit, or suffer to work with or without compensation.

(5) EMPLOYEE. Any person employed by an employer, but shall not include an individual engaged in the activities of an educational, charitable, religious, scientific, historical, literary, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services rendered are on a voluntary basis.

(6) EMPLOYER. Any owner or any person, entity, franchise, corporation, or division of a corporation, government agency, or association of persons acting directly as, or in behalf of, or in the interest of any employer in relation to employees, including the state and any political subdivision thereof.

(7) VIOLATION. A failure by an employer, officer, agent, or any other person to comply with any applicable provision of the child labor law.

(Act 2009-565, p. 1654, §1; Act 2012-231, p. 424, §1.)

Section 25-8-34

Department of Labor may declare place or occupation dangerous or injurious.

The Alabama Department of Labor, hereinafter referred to as "the department," may declare any place or occupation dangerous to life or limb or injurious to health or morals of persons under 18 years of age.

(Acts 1995, No. 95-604, p. 1263, §3; Act 2000-706, p. 1479, §1.)

 

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