The U.S. Department of Labor has proposed to revise child labor law provisions pertaining to the employment of 15-year-old lifeguards. NRPA commented in support of the changes, which provide that trained and certified 15-year-olds are permitted to work as lifeguards at traditional pool facilities and in traditional pools at most waterpark attractions.

By way of background, in July 2005, NRPA learned of the publication of Fact Sheet #60 by the Labor Department’s Wage and Hour Division. Preceding this, a member of the International Association of Amusement Parks and Attractions and the World Waterpark Association had been informed by the Labor Department that 15-year-old lifeguards could not be employed on waterslides, wave pools, lazy rivers and other waterpark attractions.

In a collaborative effort, NRPA joined with IAAPA, WWA, the American Red Cross, Jeff Ellis and Associates, NASCO and Starfish Aquatics Institute to form a coalition to clarify the areas in which 15-year-olds could reasonably continue to serve as lifeguards. For years, the Labor Department did not allow individuals younger than 16 to be lifeguards. The department also prohibited employment of 15-year-old lifeguards at “pools that feature elevated slides, artificial waves, or other amusement-type ‘rides’ or ‘mechanical devices.’”

The coalition responded by emphasizing each member’s respective commitment to safety—of workers, patrons, and public park visitors. NRPA described the attractions that are typically present at waterparks and noted the similarities between their mechanical operation and that of a traditional swimming pool.

After further discussion and a site visit, the Labor Department declared that trained and certified 15-year-olds are permitted to work as lifeguards at most waterpark facilities, including waterslide catch pools, wave pools, lazy rivers, and play areas. However, 15-year-olds are not permitted to work as dispatchers or attendants at the top of waterslides, based upon height concerns and issues related to the “tending” of the slide.

Also, as described in the proposed revisions to the regulations, 15-year-olds may not be employed as lifeguards in such natural environment swimming facilities as rivers, streams, lakes, reservoirs, wharfs, piers, canals or oceanside beaches. In addition, several states have laws addressing age requirements for lifeguards, some of which are more stringent than the federal guidance provides. When state provisions differ from federal provisions, employers are held to the more stringent standard.

We will monitor the rulemaking process and let our members know when these proposed regulations become final. For details, please contact Monica Hobbs Vinluan.