Skills Grids

Law and Rules

Utah Senate Bill 28 and
Utah State Board Rule 277-915

R277-915: Work-based Learning Programs
Utah Office of Administrative Rules

Intern, for the purpose of this rule and bill only, has special meaning. An intern is a student enrolled in a school-sponsored career exploration program under Section 53A-28-102 (or 53B-16-402 for a student sponsored by an institution of higher education) which involves both classroom instruction and work experience for which the student receives no compensation.

Utah Senate Bill 28 states a student will not be subject to an employer's worker's compensation benefits if the student is in fact an intern under the definition of the bill. An intern, as defined in the bill, is considered to be a volunteer government worker of the sponsoring school solely for the purpose of receiving worker's compensation medical benefits.

Rule 277-915 further states that for students to be interns, the district that establishes a Work-Based Learning program shall establish a policy for the program's activities, which provides procedures and criteria for at least the following issues:

  • training for student interns, student intern supervisors, and cooperating employers regarding health and safety procedures in the workplace.
  • transportation options for students to and from the work site–USBE and Risk Management indicate that school districts should leave transportation to and from any Work-Based Learning experience up to the parents. This information must be noted in your course forms and handbook.
  • appropriate supervision by employers at the work site.
  • adequate insurance coverage provided either by the student, the program or the school district–non paid Work-Based Learning students are covered under Senate Bill 28–no other insurance should be required.
  • appropriate supervision and evaluation of the student by the local education agency.
  • involvement and approval by the student's parents in the Work-Based Learning intern program.

Fair Labor Standards Act (FLSA)

Wages and the Fair Labor Standards Act (FLSA)
United States Department of Labor

When is a Work-Based Learning student considered to be an employee?

  • Any student working in a business (including a Work-Based Learning program through the school) must be paid if they are clearly providing benefit to the business. See Employers Instructions in Resources.

When is a Work-Based Learning student considered not to be an employee? A student will not be considered an employee if all the following criteria are met:

  • The student receives ongoing instruction at the employer's work site and receives close on-site supervision throughout the learning experience, with the result that any productive work the student would perform would be offset by the burden to the employer for the training and supervision provided.
  • The placement of the student at the work site during the learning experience does not result in the displacement of any regular employee. The student is not entitled to a job at the conclusion of the learning experience although employers should not be discouraged from offering employment to successful graduates.
  • The employer, student and parent or guardian understand that the student is not entitled to wages or other compensation for the time spent in the learning experience although a student may receive a stipend for expenses such as books or tools.

Note: Any student on a non-paid Work-Based Learning experience must be assigned an on-site mentor by the business. Student apprentices and cooperative education students working in any of the approved 17 Hazardous Occupations must also be assigned an on-site business mentor. If students are running hazardous equipment, the mentor must be standing next to the student monitoring that all safety measures are being observed.

Hazardous Occupations

Students under 18 may not be employed in any of the 17 Hazardous Occupations. Please refer to federal child labor laws for specific information. Coordinators should call the Department of Labor in Salt Lake City to get a complete copy of the child labor laws or check the United States Department of Labor or YouthRules! websites. You will find that there are no age exceptions for eleven of the occupations. However, six of the occupations allow students under the age of 18 if they are on a registered apprenticeship or are involved in a state approved cooperative education program.

Seventeen Hazardous Occupations

  1. Manufacturing and Storing Explosives
  2. Moto Vehicle Driving and Outside Helper
  3. Coal Mining
  4. Logging and Saw Milling
  5. Power-Driven Wood-Working Machines
  6. Exposure to Radioactive Substances and to Ionizing Radiations
  7. Power-Driven Hoisting Equipment
  8. Power-Driven Metal-Forming, Punching and Shearing Machines
  9. Mining, Other Than Coal Mining
  10. Meat-Packing or Processing
  11. Power-Driven Bakery Machines
  12. Power-Driven Paper-Products Machines
  13. Manufacturing of Brick, Tile and Kindred Products
  14. Power-Driven Circular Saws, Band Saws and Guillotine Shears
  15. Wrecking, Demolition and Ship-Breaking Operations
  16. Roofing Operations
  17. Excavation Operations

Hazardous Occupations Exceptions

Under strict guidelines there can be exceptions to the following hazardous occupations:

  • #5 Power-Driven Wood-Working Machines
  • #8 Power-Driven Metal-Forming, Punching and Shearing Machines
  • #10 Meat Packing or Processing (Including Power Driven Meat Slicing Machines)
  • #12 Power-Driven Paper-Products Machines
  • #14 Power-Driven Circular Saws, Band Saws and Guillotine Shears
  • #16 Roofing Operations
  • #17 Excavation Operations

Student apprentices and some cooperative education students can be exempted from the above hazardous occupations. Read the child labor requirements carefully before placing students in these areas. The balances of the 17 hazardous occupations have no exemptions.

Hazardous Occupation #7 is listed as "Power-Driven Hoisting Equipment." It is not listed as one of the exemptions possible for cooperative education student learners. However, the quote below comes directly from the Field Operations Handbook for the Wage and Hour Division of the United States Department of Labor. Therefore, students enrolled in auto programs at the high school and registered through a state-approved cooperative education program at the high school can be on a paid or non-paid Work-Based Learning experience in a service station or a mechanics garage. Care should be taken by the school coordinator to ensure the safety of student learners. As with all Work-Based Learning experiences, a school coordinator should visit the site monthly.

United States DOL Wage and Hour
Rev. 599 
Field Operations Handbook - 12/28/93 
33207c-33eo7f

"HO #7 does not apply to "grease rack" lifts used in gasoline service stations, tire stores and other establishments servicing automobiles, since such lifts were not included in the investigation which led to HO #7. Similarly, service jack, hand jacks, and air compressors are outside the scope of HO #7 and the other HO's, as are tire changers, truck tire changers and wheel balancers. The hoists commonly used on tow trucks and other hoists (if over a ton capacity) and cranes used in such establishments are subject to HO #7."