Adapted from FRA Technical Release 26-TR-23, Youth Employment Rules and Workforce Options for Forestry Employers. 

Hiring young workers can be an effective way to address labor needs, but forestry employers should understand that federal and state laws place significant restrictions on the work employees under age 18 may perform. Before hiring a minor, employers should familiarize themselves with those requirements to ensure they remain compliant while making informed staffing decisions.

 What Employers Need to Know Before Hiring a Minor

The federal government generally defines the youth labor force as individuals between the ages of 16 and 24. Under federal employment law, however, workers under age 18 are subject to additional protections that do not apply to older members of that group.

Many forestry occupations are considered particularly hazardous under regulations administered by the U.S. Department of Labor. States may also impose their own requirements governing the employment of minors, so employers should review both federal and applicable state laws before hiring a worker under age 18.

Several federal Hazardous Occupations Orders directly affect forestry employers. These regulations restrict minors under age 18 from performing certain work involving:

• Driving motor vehicles or working as an outside helper on a motor vehicle.
• Forest firefighting, timber tract management, forestry services, logging and sawmill operations.
• Operating or assisting with power-driven woodworking machinery.
• Operating or assisting with circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers or abrasive cutting discs.

Together, these restrictions cover much of the work performed in forestry-related operations. Limited exemptions may apply to certain jobs, including some work performed by minors who are exempt from compulsory school attendance and some work performed by individuals who are at least 17 years old. Employers considering hiring a minor for forestry-related work should carefully review the applicable regulations to determine whether a specific exemption applies.

When Young Workers Can’t Fill the Job

Because minors are prohibited from performing many forestry-related tasks, they may not be a practical source of labor for many employers.

One place to begin is the local workforce development office. These publicly funded offices connect job seekers with employers trying to fill available positions. However, seasonal forestry jobs can be particularly difficult to fill because many domestic workers are seeking permanent, year-round employment.

When employers cannot locate enough qualified and available U.S. workers for seasonal or temporary nonagricultural positions, the H-2B visa program is often the primary visa option for meeting those labor needs.

Workforce Options for Forestry Employers

The H-2B program allows eligible U.S. employers to hire foreign workers for temporary nonagricultural labor or services when sufficient domestic workers are not available. For many forestry employers, particularly those with seasonal labor needs, access to the H-2B program is essential to maintaining operations and completing time-sensitive work.

Employers must satisfy the program’s requirements, including demonstrating a temporary need, recruiting U.S. workers, and completing the required labor certification process. Even with those safeguards, demand for H-2B visas routinely exceeds the number available, leaving many employers uncertain whether they will receive the workers they need.

Employers that cannot find sufficient domestic candidates for permanent positions may consider the permanent labor certification process, commonly known as PERM. Through this process, an employer seeks Department of Labor certification to employ a foreign worker permanently in the United States. In most cases, that certification is one step in a larger employment-based immigration process.

The process can be lengthy, and the total timeline will depend on several factors, including government processing times, the type of immigrant petition involved, and the availability of an immigrant visa.

Another possible option is TN nonimmigrant status, which is available to qualified Canadian and Mexican professionals in certain designated occupations, including silviculturists. TN status generally requires the worker to possess the education or professional credentials specified for the occupation. It may be granted for periods of up to three years and can be renewed, provided the worker and employment continue to satisfy the program’s requirements.

Employers should consult the applicable program requirements and qualified immigration counsel before determining whether any visa or immigration process is appropriate for a particular position or candidate.

Building the Forestry Workforce for the Future

As discussed in FRA President Tim O’Hara’s recent Woods to Mill article, “America’s Retirement Wave Is Reshaping the Wood Supply Chain,“ the industry is facing both immediate hiring needs and the long-term loss of experienced workers. The H-2B program remains essential for employers trying to meet immediate seasonal labor needs. At the same time, the forestry sector must continue investing in a stronger long-term domestic workforce pipeline.

That is why FRA continues to advocate both for reliable access to the H-2B program and for passage of the Jobs in the Woods Act. The legislation would establish a grant program for nonprofit organizations, state governments, and colleges to support forestry-related workforce training programs and prepare individuals for careers across the wood supply chain.

These efforts address different parts of the same workforce challenge. H-2B helps employers meet pressing seasonal labor needs today, while the Jobs in the Woods Act would help build the skilled domestic workforce the industry will need in the years ahead.

Understanding youth employment restrictions is only one piece of the workforce equation. As the industry navigates both immediate hiring needs and the long-term retirement of experienced workers, workforce development resources and employment-based immigration programs can help employers address both immediate staffing needs and long-term workforce challenges.

As FRA continues advocating for reliable access to the H-2B program, we will also champion long-term workforce solutions like the Jobs in the Woods Act to help ensure the forestry sector has the skilled workforce it needs for generations to come.