TITLE 1800 - HUMAN RESOURCE PROGRAMS R1 SUPPLEMENT 7, 8/80 1870.42 - Regional Foresters, Station Directors, and Area Directors. Following are Regional policies and responsiblities on nepotism, the use of YACC enrollees in fire management activities, temporary disability of YACC enrollees, enrollee supervision, parental consent forms, and child labor under the Fair Labor Standards Act.. . Nepotism. Nepotism requirements applicable to the Young Adult Conservation Corps (both enrollees and staff) are established by the U.S. Department of Labor in the Code of Federal Regulations under the Comprehensive Employment and Training Act, part 98, Administrative Provisions, subsection 98.22 - Nepotism. Witb respect to the Young Adult Conservation Corps, these regulations supersede Forest Service policy contained in FSM 6133.84. 1. Restriction. No grantee, subgrantee, contractor, or employing agency may hire a person in an administrative capacity, staff position, or public service employment position funded under the Act if a member of his or her immediate family is employed in an administrative capacity for the same grantee or its subgrantees, contractors, or employing agencies. Where a State or local statute regarding nepotism exists which is more restrictive than this policy, the eligible applicant should follow the State or local statute in lieu of this policy. 2. Definitions. For purposes of this section, the term "member of the immediate family" includes: wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, and stepchild. Below are the "administrative positions" which have been identified within the Northern Region as falling within the purview of the above restriction. This provision does not apply to enrollment or employment with other Federal or State agencies operating YACC Projects. Position Yegional Office Regional Forester Deputy Regional Foresters Director, Human Resource Programs Staff Specialists, HRP National Forests Forest Supervisor Primary Staff Officers HRP Specialist (Manpower) Personnel Officer (Units with no HRP Specialist) District Rangers District Employees (Supervising YACC directly or indirectly) Prohibited Employment/Enrollment Region-wide Region-wide Region-wide Region-wide Prohibited Employment/Enrollment Forest-wide Forest-wide Forest-wide Forest-wide District-wide District-wide Use of YACC Enrollees in Fire Management Activities. 1. Young Adult Conservation Corps enrollees may be used: a. For presuppression and fuel treatment activities to supplement regularly budgeted and/or regularly assigned forces; b. Under any fire danger levels on initial attack crews and fire suppression provided they: (1) Are at least 18 years of age and have volunteered. (2) Have received and passed a minimum of fire suppression training that includes: fire behavior, air operations, 10 standard fire fighting orders, fire organization, fireline first-aid and safety, crew organization, use of tools, and handline construction (NWCG training courses S-130 & S-190; FS training course on use of fire shelters). This training to be consistent with the training offered other fire crews. (3) Have passed the physical fitness level test at 45 or higher, documented on a SF-228 Interagency Fire-Job Qualification Card issued within the preceding 12 months. (4) Are supervised by fully qualified fire crew bosses, squad bosses, or initial attack crew leaders. All YACC crew bosses must meet the Interagency Fire-Job Qualification requirements for Sector Boss. (5) Are not required to work a greater number of hours per day than other firefighters. 2. When YACC enrollees are engaged in firefighting, a Fire Time Report will be prepared. The Fire Time Report should be clearly marked "YACC". The Fire Time Report will be completed at the fire camp and returned to the YACC camp with the enrollee. The time report must show the appropriation and fire number. The YACC camp will then list the enrollee's hours and rate of pay on form YACC-4. The original Fire Time Report will be attached to form YACC-4 when submitted to ASC. A copy of the Fire Time Report will be sent to the office maintaining the accounting records of the camp so that the entry for the cost of the fire can be processed to the appropriation responsible for firefighting costs. ASC will charge the firefighting appropriation of the accounting station on the monthly SF-224. A copy of the Fire Time Report will also be put in the enrollee's folder. When used in any fire suppression activity enrollee will be paid at AD rates listed on current Pay Plan for Emergency Firefighters. 3. When required conditions for qualifying under the Pay Plan for Emergency Firefighters have not been met, overtime for presuppression activities will be paid by YACC funds at standard YACC rates. This overtime is limited to 10 hours per week. 4. When employed under the Pay Plan, enrollees are entitled to subsistence when deemed necessary by the Forest officer in charge. The crew boss or crew liaison officer in charge of the crew must be authorized, prepared, and equipped to make necessary arrangements and payments for the above subsistence at Government expense. 5. Enrollees are not to be used for presuppression activities wherein their use would reduce normally planned and budgeted employment of regular or seasonal employees. Temporary Disability of YACC Enrollees When an enrollee is temporarily disabled, the Camp Director may consider the following alternatives if the disability will not permit the enrollee to work with the regular crews. 1. Reassign the enrollee to another job (light duty), if available, within the enrollee's capabilities. 2. Terminate the enrollee because of their physical incapability to do the required job. 3. Require a medical examination (at Government expense) to determine capability of enrollee. .. Pregnancy is considered a temporary disability. An enrollee who has terminated because of a temporary disability may later reapply for the program. Enrollee Supervision The Camp Director is responsible for providing 24 hour per day supervision for all residential YACC and YCC enrollees. The purpose of this is to provide for the safety and welfare of all enrollees. A responsible person shall be assigned, in writing, as responsible for the welfare of enrollees at all approved YACC and YCC facilities (including base camps and spike camps, and staff initiated and organized recreation or leisure time trips or camps). The individual assigned this responsibility may be a staff member, volunteer, YACC leader (18 years or older), or adult enrollee of another program. At the main facility or base camp, this supervision should be provided by a person that is awake and monitoring the general area. At a small spike camp this coverage may be provided by a responsible person who is required to remain at the camp but may be sleeping during the hours the enrollees are sleeping. This person is available should those supervisory services be required or requested. Parental Consent Forms Each YACC camp is required to have a parental consent form, prior to enrollment, for every enrollee under 18 years of age. Enclosed are two parental consent forms, one for use at non-residential camps and one for use at residential camps. The new forms are to be used starting the date of receipt of this directive. Each Forest will reproduce forms as needed. Page 1870.42--5 and 1870.42--6 show an example of form FS-R1-1800-1, YACC Parental Consent Form. This form may be viewed in hard copy in Management Systems. Child Labor Under the Fair Labor Standards Act The Fair Labor Standards Act requires workers to be at least 18 years of age when involved in the following work activities: a. Work involving logging including the felling or bucking of trees. b. Work requiring the use of power driven woodworking tools (includes circular saws and handsaws, including chain saws). c. Operation of commercial type kitchen mixers, meat slicers, saws, etc. There is an exception concerning students enrolled in a course of study and training in a vocational training program. It is under this exception that Job Corps enrollees are allowed to operate chain saws and other powered equipment. The YACC program does not, however, fall under the training exception as defined in the Fair Labor Standards Act; therefore, enrollees must be at least 18 years old to operate powered tools such as chain saws, circular saws, drill presses, and other similar equipment. With proper training, safety equipment, and supervision, enrollees under 18 years of age may operate lawnmowers. For more specific information regarding the intent of the Child Labor rules, refer to DOL Child Labor Bulletin No. 101. The Human Resource Programs staff can assist in making some determinations.