What liability issues arise with work-based learning?
The Occupational Safety and Health Act (OSHA) regulations that apply in the workplace for adults also apply to youth, whether technically employed or not. All youth in the workplace must be provided training, protective equipment, and other health and safety precautions. The employer and school district need to work together to coordinate the delivery of safety instruction. Youth in paid work-based learning experiences should be covered under the employer’s workers’ compensation insurance. Youth in unpaid work experiences cannot be covered by the employer’s workers’ compensation plan. However, because work-based learning experiences are considered an extension of classroom learning, they are usually protected by the school district’s liability policies. School districts or employers can obtain special coverage applicable to students in the workplace. If this is the case, a written agreement should be put into place specifying the terms of the insurance requirements (e.g., hold harmless
