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Kids on the Job: Back to Old Days?
B.C.'s child labour standards are slated to become the weakest in Canada. That has the former official in charge worried for kids' safety.
TheTyee.ca
[First of a two-part series]
One moment, Luke MacIver was doing his job, sorting cardboard at Wastech Services, a Coquitlam recycling plant. The next he was dead, crushed under a pile of garbage when a dump truck driver failed to see the young worker. MacIver was only 15 years old, making him the youngest workplace fatality in B.C. in the last two decades.
"Luke holds the record. I don't want to see anyone even younger get killed," says his aunt, Deb Stead, who lives in Jasper, Ontario. In the eight years since the death of her nephew, Stead has had little reason to fear. Now, however, the B.C. Liberals have passed Bill 37, which will effectively lower the minimum working age from 15 to 12.
At the same time, the bill will reduce government oversight of the province's youngest workers. Before, the workplace of every child under 15 had to be inspected by a government official. Now, a 12-year-old could easily work under the same dangerous conditions that led to Luke MacIver's death-the coroner's report cited Wastech for overall deficiencies in training and supervision.
On October 7, NDP MLA Jenny Kwan read a letter from Stead in the legislature, imploring the Campbell government not to make the changes. The argument fell on deaf ears, and the bill is slated to pass into law on December 14.
When the first draft of Bill 37 was introduced in May, labour minister Graham Bruce issued a press release explaining that the new legislation would increase flexibility in employment standards, eliminate red tape, and help kids as young as 12 enter the workforce. The permits were "a clear case of over-regulation," he said.
Critics, however, have lined up with evidence that any benefits will come at the expense of young workers, who are easier to exploit and underpay, and are more likely to get injured or worse. So far, the government has failed to answer the criticism with anything more than political rhetoric.
Former officer sounds alarm
"There's deregulation and then there's unregulation," says Graeme Moore of Surrey, who worked for 21 years as an industrial relations officer for the Employment Standards Branch, beginning in the Social Credit era and quitting last year out of frustration with the Campbell government. "Essentially, there won't be child labour laws."
Since 1948, children 12 to 14 have needed permission from a parent, from their school, and from the Employment Standards Branch in order to work during the school year. (Casual jobs such as babysitting, newspaper delivery or yard work were exempted, and school permission was not needed for summer employment. Last year, the government issued 3,835 permits, the vast majority for young actors in the film industry.) Under Bill 37, all that will be needed is a parent's note to be kept on file by employers.
In an interview with the Globe and Mail in August, Bruce said that he was not aware of any application that had ever been denied. Moore, on the other hand, estimates that he and his colleagues turned down one in five work permits for youth under 15, while a further three in five were approved only after changes to the terms of employment.
Among the rejects, Bruce said, were applications to put kids to work as dirt-bike-riding scarecrows in a berry field bristling with unmarked wire at neck height, and to send a 12-year-old garbage picking alone on the highway's edge near Surrey. Parents had pre-approved every one of these altered or denied applications, Moore notes.
'How can parents know?'
"How can parents know?" asks John Higgins, a 21-year-old university student living in Delta. At age 16, Higgins broke his back on the job when he was crushed by a forklift that he had set into gear while standing outside the vehicle. No one was supervising him at the time. "My parents were pleased and proud I had this job, and my dad thought it was great I was driving a forklift - that it showed how mature I was. None of us stopped to think if I had the training I needed. You think that the employer will take care of that." Higgins is still undergoing operations related to his accident. "There are bound to be more problems, and a spike in injuries, with more children under 15 in the workforce. They will be less skilled. And if they are asked to do something, they don't know how to say no."
Bruce has insisted that safety will not be a concern, as young workers will still be covered by the basic safety standards that apply by law to all workers in B.C. The minister did not respond to repeated calls from The Tyee. "He's a busy boy," ministerial assistant Ian MacLean said breezily from Victoria, adding that the minister is concerned about "all the misinformation out there, especially on the safety issue."
According to the Workers Compensation Board of B.C., five young workers (defined by WCB as age 15-24) were killed last year. Statistics also show that 50 percent of all workplace injuries occur in the first six months on the job. One young worker is injured every hour, and five are permanently disabled every week.
To date, no statistics have been kept for workplace accidents involving workers under 15 in B.C. That will change, says Karen Zukas, manager of strategic initiatives in WCB's prevention branch. "We are tracking that in light of the new labour laws. Starting recently, we have our eye on that group."
What is known is this: in the five years from 1998 and 2002, 46 workers under age 15 made WCB injury claims, to a total of $375,382 in compensation. The highest number of claims (10) were in accommodation and food services, and the largest payouts ($93,650) in agriculture. Since then, the government has cut enforcement of existing laws - last year, the Liberals laid off 45 of 151 employees, and closed 10 of 19 regional branches of Employment Standards. Complaints registered with the branch plummeted from a high of 1,600 to 400 a month after the cuts; government officials argue that workers are happier, but observers point out that there are fewer avenues of redress.
Weakest standards in Canada
After the draft legislation was introduced last May, it was criticized by a wide range of groups representing and serving children; the Liberals later announced they would introduce accompanying regulations (which are weaker than laws) on December 14. What those regulations will contain has not been made public, but while speaking in the legislature, Bruce has suggested they will contain a cap on the number of hours that children under 15 can work - 20 hours per week during the school year, and 35 per week in the summer. Even with these additions, however, B.C. will have the weakest child-labour standards in Canada.
The most widespread abuses of young workers are likely to be less dramatic than death or disability. If children under 15 have a complaint about their employer, they will have to do as all adults have under changes put in place by the Liberals last year: fill out a complex, 19-page "Self-Help Kit" and present it to their boss. Industrial relations officers have found that many adults cannot complete the form properly, says Graeme Moore.
Under the old system, viable complaints triggered a formal investigation, and if the boss was found at fault - if he had, for example, assigned overtime work without extra pay - he had to comply with the law and pay up. Now, the model is mediation and settlement, which means an employer could easily get off with paying only 50 percent of what is owed, says Moore. "That," he says, "is an incentive for non-compliance."
Tomorrow: Child advocates left out of the loop in drafting new regulations.
Vancouver based Alisa Smith has written for the Globe and Mail, National Post, Ottawa Citizen and Vancouver Sun. ![[Tyee]](http://thetyee.cachefly.net/ui/img/ico_fishie.png){kind=small}
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44
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sharon wurmann (not verified)
8 years ago
thanks Ailsa for this piece. I will wait to read tomorrow and then go to my MLA with not only my deep concerns but now with good statistics.I am a retired MSW and sometimes he pretends to listen to me but I will be stronger with good facts to shore me up.
Stephen Barker (not verified)
8 years ago
Thanks alisa for fleshing out the consequences of a short sighted and self serving legislation which purports to cut red tape and government interference but is actually an appalling example of this governments lack of social conscious.Un fortunately it is at the cost of our children's rights. I for one support the right that children have a right not to work but to get an education.
Merle Sydiuk (not verified)
8 years ago
Want to know why this has happened? Well, the much-vaunted movie industry is one reason. They are willing to sacrifice protection of kids in exchange for the big bucks rolling in to the province from the movie industry. Your government at work for you! Shame on them.
Judith Wilson (not verified)
8 years ago
Think of child labour as part of Campbell's picture...huge downward pressure on wages by availability of large labour pool, think of a province where assistance for those in need is so inadequate that a family will send their children out to work to help buy groceries and shelter...think of a group of elected MLAs who think this is a good thing because it will be inviting to investors...think of what we must do to end this
anne cameron (not verified)
8 years ago
Merle Sydiuk might be interested to know one of the loudest critics of this change is the film industry in B.C. All the unions involved in film in our province have spoken against the legislation and have demanded MORE protection for kids, not less. The cuts to social programmes are part of an orchestrated move against workers and unions, against all of us. And for sure, Judith Wilson is right on with her comments. Look for retrograde changes in environmental and agricultural rules and regulations which will put kids in the fields, exposed to chemicals known to cause neurological damage, cancer, early death... watch for "international zones" where the corporations will be able to put kids on assembly lines without any sort of protection...
Alexis (not verified)
8 years ago
I think that it is not good if grownups gets to have jobs why can't we.
Concerned 03/29/2004 (not verified)
8 years ago
I think that children don't have any place in the Adult work force. I can see them having a weekend job. But 12, 13, 14... year old children should be allowed to get that well deserved job when they have gotten the proper education. I don't really know what the B.C. Government was even thinking when they thought up this stupid idea. I have a step-daughter that is failing at school because her mom is too lazy to get off her piano tied bottom to provide for her family. So her 13 year old daughter is babysitting 3 to 4 children and is delivering chocolates after school. So apparently it seem to be okay that she fail at school and succeed at the workplace. Is that what the B.C. Government thinks to be Okay. Her mother doesn't need to get a job but her child has to.
erin (not verified)
8 years ago
alexis you have bad grammar and punctuation, and if you have bad grammar you are too immature to have a job!!
katie snider (not verified)
8 years ago
all kids should have a job
john (not verified)
8 years ago
all kids shold have anykind of job age 5-12
eric mark (not verified)
8 years ago
i'm 12 year old and i need a job
Chantelle Booth (not verified)
8 years ago
I think finding a job is the hardest most difficult thing in the world!!! I think from the Age 13 and up kids that are mature enough she have a job foresure!!!!
joanna romero (not verified)
8 years ago
i think 13 year old teenagers should start working or have jobs
Chris (not verified)
7 years ago
I live in Toront Ontario and my son is 11 years old and will be 12 years old in January 2005. I also have a 10 year old daughter and a 8 year old son. Can I leave my children at home after school until I get home from work at around 5:30 to 6:00pm? I need to know if he needs to attend a course first? What must I do and wear do I get my information. I live in Toronto Ontario Canada
THERESA (not verified)
7 years ago
IM 13 AND NEED A JOB TO ERN MY OWN MONY
Bridget (not verified)
7 years ago
I am 13 and will be 14 in September on the 7 and I need a summer job because my family is all most poor and I need money for my own stuff. But I can find a job for someone my age.
KEM (not verified)
7 years ago
I'm 14 and want a summer job so badly to keep me from being bored! But also my parents say that when it is time for me to get my own car they won't pay for it. I would like to begin saving my money for that too.
Susan Veth (not verified)
7 years ago
i am only 12 years old and i really need a job really bad!
Susan (not verified)
7 years ago
me and my sister wants a job because our parnets are working so hard for us that they have no money for themself and my little sister she is is going to be 8 in november and more thats why me and my sister are look for a job really bad and we dont want to work like every day we will only go for like 3days!
vonna (not verified)
7 years ago
Hi,I'm 11 years old and i'm going to be in the sixth grade and going to junior highschool. Kids are very cruel in school if you don't wear the right clothes and shoes you will be teased and beat up. Kids think that name brand shoes and clothes are the right shoes and clothes,but those are expensive,very expensive,your shoes don't have to be name brand and expensive to be nice you could shop at K Mart and have nice clothes and shoes, I would just like a summer and during school job on the summer i would like to work five days a week and enough hours a week and during school,on the weekends. I just need money to pay for these things,because they're not free and I don't want to have to ask my mom for money,I want to be independent and save up some money for collage,a nice appartment,a car,and soon a house. Bye.
Anonymous
7 years ago
Hi I wondered if you could help me find a job for ages 11 and up. I really want to help my mom pay all the bills that she have been paying. I feel really bad for her because she has four kids to take care of and it's really hard for her. I'm sorry that i didn't put my name. That's because I don't think it's really important for you to know but please help me! Thank you!!!
Please Help!!! (not verified)
7 years ago
Hi I wondered if you could help me find a job for ages 11 and up. I really want to help my mom pay all the bills that she have been paying. I feel really bad for her because she has four kids to take care of and it's really hard for her. I'm sorry that i didn't put my name. Please help me! Thank you!!!
kabee (not verified)
7 years ago
Hi I wondered if you could help me find a job for ages 11 and up. I really want to help my mom pay all the bills that she have been paying. I feel really bad for her because she has four kids to take care of and it's really hard for her. I'm sorry that i didn't put my name. Please help me! Thank you!!!
James scarlett (not verified)
7 years ago
hello,i was wondering if you could give me a job in acting i am 12 neally 13 years old and i love to act i am also very good at acting aswell i do really good in drama in school an quite good in english to. My dream is to become an actor and if i hade somewere to go then that would give me a good boost.Really you can say that i am already an actor but i have not been descovered yet please help me be found thankyou!
Latisha (not verified)
7 years ago
I want to know if I can work after school when I'm 12 going on 13 in January.
latoya (not verified)
7 years ago
latoiya graham (not verified)
7 years ago
i don't want to keep asking my mother are father for money i really needa job im 13 years old help me!!!!
A.j. Davenport (not verified)
7 years ago
HI,i am deparete need for a job I always ask my parents for money & they always say no so I need help
Antonio Lockhart (not verified)
7 years ago
I just need a job to do something on my time after school
yesenia bravo (not verified)
7 years ago
i have been wanting a job for a realy loong time i need it im so desperate.does htis actually work???
larone james (not verified)
7 years ago
i have been waiting for a job or a hint of a job for 13 year old kids
Kira Lane (not verified)
7 years ago
I am 12 years old and i need a job
Robert yost (not verified)
7 years ago
iam sick of my mom and dad say get a job when no one will hire me and there is no were to go .Do i just wait be lasy ? WTF
Yalonda C.C!!!AKA MILK CHOCOLATE (not verified)
7 years ago
Hey everyone else like me...needin a job..Newayz dont u all get sick a tired of asking your parents for money? I know i sure do and so do they.But if we had a job we wouldnt have to do that we could take care of our selfs. NEWAYZ PLEAE HELP US ALL...
? (not verified)
7 years ago
hi, im 13 yrs old. i fancy a sunday or an after school job. then i could go to picies + places with my friends with out asking my mum + dad 2 pay for them all the tyme! i feel guilty cos i always go places with my m8ts, so please look out for some jobs for me ! in halifax some wer thx !
joey Dellatreg (not verified)
7 years ago
i 12 and i like working around houses in Phillipsburg NJ
?..... (not verified)
7 years ago
Hi. I'm 12 and i fancy a saturday or after school with my friends. Everytime we go out my mom pays for them. i'ts embarassing.
cyrina (not verified)
7 years ago
hi my name is cyrina cupit and im looking for a job because my grandmom is paying all the bills in the house and most of the bills she has to pay or we might be living on the streets. also im 13 years old.
sebastian (not verified)
7 years ago
not just adults need money kids need money too!
jake (not verified)
7 years ago
hi my name is jake i am 12 years old and i am looking, (trying) to find somewhere where i could to get some money thank you
jake henderson (not verified)
7 years ago
hi my name is jake i am 12 years old and i am looking, (trying) to find somewhere where i could to get some money thank you
ashley (not verified)
7 years ago
hiiam aN iDioT
Ricardo Garcia (not verified)
7 years ago
All kids should have a job so they could have money for them selfs
Takhira (not verified)
7 years ago
Im 13 and i need ajob because im tired of my parents saying i always want something or always asking for something so i need a job badly... My e-mail address is
!!!!!!!!