Age restriction to operate warehouse equipment

Our CEO wants to implement a new policy that anyone operating warehouse equipment (fork lift, cherry picker, etc) must be at least 21 years old. I cannot find any law that says we can or can't do this. Does anyone have any input that would help me know if it is legal to adopt this age requirment?

Comments

  • 7 Comments sorted by Votes Date Added
  • 18 is the age requirement in general industry. I don't see any legal problem with not hiring anyone under 21.

    Why does the CEO want to do that? That move would shrink your candidate pool and I can't figure out why you would want to do that.
  • Without knowing exactly "why" your CEO wants to implement age limits (insurance, accidents, W/C claims?) the following is just my "opinion".

    I would think that if you had two employees with the same experience and productivity capabilities but one was 19 and one was 21, to disallow the 19 year old to run your equipment just because of age (again just my opinion), I think this could be construed as a form of age discrimination.

    There are two other items to think about if you implement age restrictions: 1. are you sending a message to younger employees that your company views them as being incompetant and 2. is this age restriction going to limit the income of younger employees by disallowing them jobs on this equipment (usually equipment operators are paid a higher wage). If your employees did perceive that they were being "demoted" so to speak from this equipment, can your company handle the potential loss of these employees?

    We are looking for forklift operators constantly - good ones are hard to find and keep so if I had to also comply to an age limit restriction, that would make my job even harder. Good Luck
  • I guess it could be "construed" as age discrimination, but not by a court of law.

    Not saying I agree with it, just do not use the "it's illegal" argument to win your case.
  • A few states have age discrimination laws that apply to ees of all ages, but TX doesn't seem to be one of them.

    I can see the CEO's point - typical 18-year-olds are lousy drivers. If you let me drive a forklift when I was 18 ... :DD But 21-year-olds aren't a big improvement.

    Rather than having an inflexible minimum age, I'd consider maturity (like their driving record) as part of the hiring process.

    James Sokolowski
    HRhero.com
  • Do you have a "driving" or "skills ability" test that they must compelte before they are allowed to operate this type of machinery?
  • Yes, we have someone who has gone through Train the Trainor and he does skills test before allowing them to operate any machinery.
  • Aha! I guess I should have said a "federal" court of law. You've got to watch those pesky state laws.
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