A Guide to Work-Based Learning:

 

Business and Industry Risk Management Plan

 

 

September, 1996

 

 

 

MICHIGAN

 

STATE BOARD OF EDUCATION

 

 

Clark Durant, President

Marilyn F. Lundy, Vice President

Dorothy Beardmore, Secretary

Barbara Roberts Mason, Treasurer

Kathleen N. Straus, NASBE Delegate

Louis Legg

Sharon A. Wise

Gary L. Wolfram

 

 

 

 

Ex Officio:

John Engler, Governor

Arthur E. Ellis, Superintendent of Public Instruction

TABLE OF CONTENTS

ACKNOWLEDGMENTS

PURPOSE OF THIS GUIDE

WHY ENGAGE YOUTH IN WORK-BASED LEARNING?

WHAT IS WORK-BASED LEARNING?

 

Program models

Role of youth at the worksite

 

WHAT ARE THE RISKS FOR BUSINESS & INDUSTRY WHEN PARTICIPATING IN WORK-BASED LEARNING PROGRAMS?

 

Regulatory compliance

Injuries to participants

Participant negligence

 

HOW TO MANAGE THE RISKS--A RISK MANAGEMENT PLAN:

 

Risk control guidelines

Risk Management Plan Components

Risk Financing Guidelines

Insurance Coverage

Liability Shields

 

RESOURCES

REFERENCES

 

 

ACKNOWLEDGMENTS

 

 

Joseph Agboka

 

Edward Fredericks

 

MI Department of Consumer & Industry Services

 

MI Department of Consumer and Industry Services

 

Safety Education and Training

 

Division of Occupational Health

 

P.O. Box 30015

 

P.O. Box 30195

 

Lansing, MI 48909

 

Lansing, MI 48909

   

 

John Bechtel

 

Gus Kihlstrand

 

Cheryl Cornellier

 

Jim Monroe

 

MI Department of Consumer & Industry Services

 

School Employers Trust/

 

Bureau of Workers’ Disability Compensation

 

School Employers Group

 

P.O. Box 30016

 

415 W. Kalamazoo St.

 

Lansing, MI 48909

 

Lansing, MI 48933

   
 

 

Robert Pangman

 

Mike Dankert

 

Joanne Schafer

 

Brian Dunn

 

Carole Stacy

 

Georgia Harris

 

Robert Taylor

 

MI Department of Consumer & Industry Services

 

Michigan Department of Education

 

Wage Hour Division

 

Office of Career and Technical Education

 

P.O. Box 30015

 

P.O. Box 30009

 

Lansing, MI 48909

 

Lansing, MI 48909

   

 

James L. deSpelder, ARM JD

 

Lorraine Smith

 

Middle Cities Risk Management Trust

 

U.S. Department of Labor

 

Middle Cities Workers’ Comp Fund

 

Wage Hour Division

 

2160 Commerce Parkway

 

211 West Fort, Room 1317

 

Okemos, MI 48864

 

Detroit, MI 48226

   

 

Pat Audet

 

 

Jerry Dunn

 

 

Metropolitan Association for Improved School Legislation

 

 

Garden City Public Schools

 

 

1333 Radcliff

 

 

Garden City, MI 48135

 

 

 

PURPOSE OF THIS GUIDE

WHY Engage youth in work-based learning?

 

What is work-based learning?

 

 

Program models

 

Career Awareness\Exploration Programs

 

Occupational Training Programs

 

Role of youth at the worksite

 

Unpaid roles (not considered employees)

 

Worksite Role

 

Definition

 

Program Examples:

 

     

    Student/Visitor

     

    (non-employee)

 

Participant visits the worksite to observe and learn about a career, work activity, or other aspects of an industry.

     

    Key points:

  • School sponsored
  • Guidelines established
  • Roles & responsibilities detailed
  • Parent permission obtained
  • Designed to be part of school or guidance curriculum
  • Worksite activities detailed
  • Without pay

 

  • Field Trip
  • Job Shadowing
  • Day-on-the-Job
  • Work Observation

 

 

 

Volunteer

 

(non-employee)

 

Participant serves unpaid for public service or humanitarian objectives.

     

    Key points:

  • Sponsored by non-profits only
  • Commercial businesses may not use unpaid volunteers
  • Participants can’t be required to volunteer
  • Roles & responsibilities detailed
  • Activities detailed
  • Youth volunteers need work permits in Michigan

 

 

  • Service Learning activity
  • Community Service
  • Service Clubs:
    • 4-H
    • Boy Scouts
    • Girl Scouts
  • Volunteer programs:
    • Hospitals
    • Nursing homes
    • Charitable organizations
    • Governmental agencies

 

Unpaid Trainee

 

(non-employee)

 

 

 

 

 

 

 

Participant is trained at a business/industry worksite without compensation. Company permits student to work under direct supervision to gain exposure to a particular occupation. Six criteria of a trainee must be continually met.

     

    Key points:

  • Six criteria must be met:
    1. progressive training
    2. benefit of trainee
    3. no displacement of regular employees
    4. no direct benefits to employer
    5. no job entitlement
    6. no wage entitlement
  • Guidelines established
  • Roles & responsibilities detailed
  • Worksite activities detailed and monitored for compliance
  • Contract/agreement needed between employer and school sponsor

 

  • Contracted instruction:
    1. Less-than-Class Size
    2. Individualized Vocational Training (Special Education)
  • Unpaid work experience
  • Exploratory Experience
  • Unpaid Trainee

Paid roles (considered employees)

 

Worksite Role

 

Definition

 

Program Examples:

 

 

 

Student/Learner

 

(employee with training agreement)

 

 

Participant is enrolled in a course of study and training in a cooperative training program under a recognized state or local educational authority or private school.

     

    Key points:

  • Training agreement in place
  • Training plan in place
  • Monitored by school personnel
  • Concurrent related instruction provided
  • Educational credit given
  • Exempt from state child labor provisions, but not federal
  • Hazardous exemptions allowed under certain conditions
  • There is a beginning and ending date for the employment

 

 

  • Cooperative Education
  • Approved Cooperative Education
  • Work-Study (Special Education)
  • Paid Work Experience

 

 

 

Apprentice

 

(employee with written apprenticeship agreement)

 

 

Participant is employed in a craft recognized as an apprenticable trade and is registered by the Bureau of Apprenticeship and Training in accordance with the standards established by the Bureau.

     

    Key points:

  • Training agreement in place
  • Training plan in place
  • Monitored by school personnel
  • Educational credit given
  • Sponsored by employers or labor/management
  • Exempt from state child labor provisions, but not federal
  • Hazardous exemptions allowed under certain conditions

 

 

  • School-to-Apprenticeship (high school)
  • Registered Apprenticeship

 

 

 

Employee

(minor needs work permit)

 

 

Participant is hired by private or public employer to perform work. No structured relationship exists between school and work.

     

    Key points:

  • Work permit needed for minors
  • Minor’s employment must comply with state and federal child labor law provisions
  • Employment has no ending date

 

 

  • Part-time work
  • Full-time work

What are the risks for business & Industry when participating in work-based learning programs?

 

Regulatory compliance

 

Fair Labor Standards Act

 

 

 

 

Student/learners under 18 may not be employed in hazardous occupations as listed in Michigan’s Youth Employment Standards, 1988, and the Federal Child Labor Bulletin 101.

Under certain conditions, 16 and 17 year student/learners and apprentices may be exempt from Federal Hazardous Occupations 5, 8, 10, 12, 14, 16, and 17. This "cooperation education" exemption is allowed if the minor is enrolled in an appropriate and approved career/technical program and the student/learner is employed under a written agreement which stipulates that:

    1. Hazardous work shall be incidental to the training,
    2. Any hazardous work shall be intermittent and for short periods of time and such work shall be under the direct and close supervision of a qualified and experienced person,
    3. Safety instruction shall be given by the school and correlated by the employer with on-the-job training,
    4. A schedule of organized and progressive work processes to be performed on the job shall have been prepared, and
    5. Previous training has been given by the school and mastery documented for all hazardous order job duties listed on the training agreement.

 

 

 

Michigan Youth Employment Standards Act

 

Michigan Occupational Safety and Health

 

Other regulations

 

Penalties

 

Technical Assistance

 

Injuries to participants

 

Participant negligence

 

Applicability of laws

 

 

 

 

 

How to Manage the risks--a risk management plan:

 

Risk control guidelines

 

MIOSHA Programs

 

Legal Duties

 

Risk Management Plan Components

 

 

Field Trip

Job Shadowing

 

 

 

Volunteer

Unpaid Trainee

 

 

Cooperative Education

School-to-Apprenticeship

 

 

Management and Supervision Issues

 

 

   

 

Policy and Procedures

 

 

   

 

Training

 

 

   

 

Transportation

 

 

   

 

Program Compliance and Coordination

 

 

   

Risk Financing Guidelines

 

Insurance Coverage

 

Injury to participants.

 

Coverage for Lawsuits

 

Workers’ Compensation in Michigan

 

Liability Shields

 

Waivers

 

Consent Forms

 

Permission Slips

 

Indemnification Agreements

 

Resources

    • Federal Guide for Employing Teenagers
    • Federal Child Labor Laws in Farm Jobs
    • Guide for Employing Teenagers in Michigan
    • Work Permits in Michigan

 

References

 

 

 

To ensure educational equity, this document has been reviewed to eliminate bias or stereotyping.

 

 

 

 

 

 

 

 

Michigan State Board of Education

Statement of Assurance of Compliance with Federal Law

 

The Michigan State Board of Education complies with all Federal laws and regulations prohibiting discrimination and with all requirements and regulations of the U.S. Department of Education. It is the policy of the Michigan State Board of Education that no person on the basis of race, color, religion, national origin or ancestry, age, sex, marital status or disability shall be discriminated against, excluded from participation in, denied the benefits of, or otherwise be subjected to, discrimination in any program or activity for which it is responsible or for which it receives financial assistance from the U.S. Department of Education.

 

 

 

 

Additional copies of this guide and listed fact sheets may be obtained by calling the Michigan Center for Career and Technical Education, Michigan State University, 230 Erickson Hall, East Lansing, MI 48823.

Phone: 800-292-1606 or (517) 353-4397. Fax: 517-432-2931.

 

 

Revised: 6/16/98.