06/19/2025

You Asked... We Answered...

You Asked: Are there restrictions on minors using mechanical lifts to assist with resident transfers?

We Answered: Under federal child labor laws, minors under age 18 are generally prohibited from operating or assisting in the operation of power-driven hoists, including mechanical lifts used to transfer residents, such as Hoyer lifts. This is outlined in Hazardous Occupations Order No. 7 (HO 7). However, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued a Field Assistance Bulletin (No. 2011-3) that allows limited exceptions under very specific conditions. WHD will not cite a child labor violation if a properly trained 16- or 17-year-old assists a trained adult in using the lift, provided all of the following are met:

• The minor has successfully completed state-approved nurse aide training and competency evaluation.
• The minor only assists in a two-person team led by an employee age 18 or older who is trained in using the lift.
• The minor does not operate the lift alone or have solo "hands-on" contact with the resident unless directly assisting the adult team member who is actively engaged in the task.
• The minor has received written information about these restrictions from their employer.
• No injury occurs during the lift involving the minor.

This enforcement policy reflects WHD’s effort to balance safety with practical staffing realities in healthcare. However, if any of these requirements are not met—or if the minor is injured—WHD will consider it a violation, and the employer may face penalties.

LeadingAge Ohio advises providers to review policies with internal counsel and refer to additional guidance on the Department of Labor, Wage and Hour Division webpage.