Child Labor Laws

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 22

https://www.ecfr.

gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-570

PART 570 - CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION

Subpart E - Occupations Particularly Hazardous for the Employment of Minors Between


16 and 18 Years of Age or Detrimental to Their Health or Well-Being

Authority: 29 U.S.C. 203(l), 212, 213(c).


Note:

The provisions of this subpart declaring certain occupations to be particularly hazardous for the employment of
minors between 16 and 18 years of age or detrimental to their health or well-being do not apply to employment
in agriculture.

§ 570.50 General.
(a) Higher standards. Nothing in this subpart shall authorize non-compliance with any Federal or State law,
regulation, or municipal ordinance establishing a higher standard. If more than one standard within this
subpart applies to a single activity the higher standard shall be applicable.

(b) Apprentices. Some sections in this subpart contain an exemption for the employment of apprentices. Such
an exemption shall apply only when:

(1) The apprentice is employed in a craft recognized as an apprenticeable trade;

(2) the work of the apprentice in the occupations declared particularly hazardous is incidental to his training;

(3) such work is intermittent and for short periods of time and is under the direct and close supervision of a
journeyman as a necessary part of such apprentice training; and

(4) the apprentice is registered by the Bureau of Apprenticeship and Training of the United States
Department of Labor as employed in accordance with the standards established by that Bureau, or is
registered by a State agency as employed in accordance with the standards of the State apprenticeship
agency recognized by the Bureau of Apprenticeship and Training, or is employed under a written
apprenticeship agreement and conditions which are found by the Secretary of labor to conform substantially
with such Federal or State standards.

(c) Student-learners. Some sections in this subpart contain an exemption for the employment of student-
learners. Such an exemption shall apply when:

(1) The student-learner is enrolled in a course of study and training in a cooperative vocational training
program under a recognized State or local educational authority or in a course of study in a substantially
similar program conducted by a private school and;

(2) Such student-learner is employed under a written agreement which provides:

(i) That the work of the student-learner in the occupations declared particularly hazardous shall be
incidental to his training;
(ii) That such work shall be intermittent and for short periods of time, and under the direct and close
supervision of a qualified and experienced person;

(iii) That safety instructions shall be given by the school and correlated by the employer with on-the-job
training; and

(iv) That a schedule of organized and progressive work processes to be performed on the job shall have
been prepared.

Each such written agreement shall contain the name of student-learner, and shall be signed by the employer and
the school coordinator or principal. Copies of each agreement shall be kept on file by both the school and the
employer. This exemption for the employment of student-learners may be revoked in any individual situation
where it is found that reasonable precautions have not been observed for the safety of minors employed
thereunder. A high school graduate may be employed in an occupation in which he has completed training as
provided in this paragraph as a student-learner, even though he is not yet 18 years of age.

[28 FR 3449, Apr. 9, 1963, as amended at 33 FR 12777, Sept. 10, 1968. Redesignated and amended at 36 FR
25156, Dec. 29, 1971]

§ 570.51 Occupations in or about plants or establishments


manufacturing or storing explosives or articles containing explosive
components (Order 1).
(a) Finding and declaration of fact. The following occupations in or about plants or establishments
manufacturing or storing explosives or articles containing explosive components are particularly hazardous
for minors between 16 and 18 years of age or detrimental to their health or well-being:

(1) All occupations in or about any plant or establishment (other than retail establishments or plants or
establishments of the type described in paragraph (a)(2) of this section) manufacturing or storing explosives
or articles containing explosive components except where the occupation is performed in a “nonexplosives
area” as defined in paragraph (b)(3) of this section.

(2) The following occupations in or about any plant or establishment manufacturing or storing small-arms
ammunition not exceeding .60 caliber in size, shotgun shells, or blasting caps when manufactured or stored
in conjunction with the manufacture of small-arms ammunition:

(i) All occupations involved in the manufacturing, mixing, transporting, or handling of explosive
compounds in the manufacture of small-arms ammunition and all other occupations requiring the
performance of any duties in the explosives area in which explosive compounds are manufactured or
mixed.

(ii) All occupations involved in the manufacturing, transporting, or handling of primers and all other
occupations requiring the performance of any duties in the same building in which primers are
manufactured.

(iii) All occupations involved in the priming of cartridges and all other occupations requiring the
performance of any duties in the same workroom in which rim-fire cartridges are primed.

(iv) All occupations involved in the plate loading of cartridges and in the operation of automatic loading
machines.
(v) All occupations involved in the loading, inspecting, packing, shipping and storage of blasting caps.

(b) Definitions. For the purpose of this section:

(1) The term plant or establishment manufacturing or storing explosives or articles containing explosive
component means the land with all the buildings and other structures thereon used in connection with the
manufacturing or processing or storing of explosives or articles containing explosive components.

(2) The terms explosives and articles containing explosive components mean and include ammunition, black
powder, blasting caps, fireworks, high explosives, primers, smokeless powder, and explosives and explosive
materials as defined in 18 U.S.C. 841(c)-(f) and the implementing regulations at 27 CFR part 555. The
terms include any chemical compound, mixture, or device, the primary or common purpose of which is to
function by explosion, as well as all goods identified in the most recent list of explosive materials published
by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice. This list is not
intended to be all-inclusive and is updated and published annually in the Federal Register pursuant to 18
U.S.C. 841(d). A copy of the most recent version of the list may be found through the Bureau of Alcohol,
Tobacco, Firearms, and Explosives' Web site at http://www.atf.gov.

(3) An area meeting all of the criteria in paragraphs (b)(3) (i) through (iv) of this section shall be deemed a
“nonexplosives area”:

(i) None of the work performed in the area involves the handling or use of explosives;

(ii) The area is separated from the explosives area by a distance not less than that prescribed in the
American Table of Distances for the protection of inhabited buildings;

(iii) The area is separated from the explosives area by a fence or is otherwise located so that it constitutes
a definite designated area; and

(iv) Satisfactory controls have been established to prevent employees under 18 years of age within the
area from entering any area in or about the plant which does not meet criteria of paragraphs (b)(3) (i)
through (iii) of this section.

[17 FR 4324, May 13, 1952. Redesignated at 28 FR 1634, Feb. 21, 1963, and amended at 28 FR 3449, Apr. 9,
1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971; 69 FR 75403, Dec. 16, 2004]

§ 570.52 Occupations of motor-vehicle driver and outside helper


(Order 2).
(a) Findings and declaration of fact. Except as provided in paragraph (b) of this section, the occupations of
motor-vehicle driver and outside helper on any public road, highway, in or about any mine (including open pit
mine or quarry), place where logging or sawmill operations are in progress, or in any excavation of the type
identified in § 570.68(a) are particularly hazardous for the employment of minors between 16 and 18 years of
age.

(b) Exemption - Incidental and occasional driving by 17-year-olds. Minors who are at least 17 years of age
may drive automobiles and trucks on public roadways when all the following criteria are met:
(1) The automobile or truck does not exceed 6,000 pounds gross vehicle weight, and the vehicle is equipped
with a seat belt or similar restraining device for the driver and for any passengers and the employer has
instructed the employee that such belts or other devices must be used;

(2) The driving is restricted to daylight hours;

(3) The minor holds a State license valid for the type of driving involved in the job performed and has no
records of any moving violations at the time of hire;

(4) The minor has successfully completed a State-approved driver education course;

(5) The driving does not involve: the towing of vehicles; route deliveries or route sales; the transportation
for hire of property, goods, or passengers; urgent, time-sensitive deliveries; or the transporting at any one
time of more than three passengers, including the employees of the employer;

(6) The driving performed by the minor does not involve more than two trips away from the primary place
of employment in any single day for the purpose of delivering goods of the minor's employer to a customer
(except urgent, time-sensitive deliveries which are completely banned in paragraph (b)(5) of this section;

(7) The driving performed by the minor does not involve more than two trips away from the primary place
of employment in any single day for the purpose of transporting passengers (other than the employees of the
employer);

(8) The driving takes place within a thirty (30) mile radius of the minor's place of employment; and,

(9) The driving is only occasional and incidental to the employee's employment.

(c) Definitions. For the purpose of this section:

(1) The term motor vehicle shall mean any automobile, truck, truck-tractor, trailer, semitrailer, motorcycle,
or similar vehicle propelled or drawn by mechanical power and designed for use as a means of
transportation but shall not include any vehicle operated exclusively on rails.

(2) The term driver shall mean any individual who, in the course of employment, drives a motor vehicle at
any time.

(3) The term outside helper shall mean any individual, other than a driver, whose work includes riding on a
motor vehicle outside the cab for the purpose of assisting in transporting or delivering goods.

(4) The term gross vehicle weight includes the truck chassis with lubricants, water and a full tank or tanks of
fuel, plus the weight of the cab or driver's compartment, body and special chassis and body equipment, and
payload.

(5) The term occasional and incidental means no more than one-third of an employee's worktime in any
workday and no more than 20 percent of an employee's worktime in any workweek.

(6) The term urgent, time-sensitive deliveries means trips which, because of such factors as customer
satisfaction, the rapid deterioration of the quality or change in temperature of the product, and/or economic
incentives, are subject to time-lines, schedules, and/or turn-around times which might impel the driver to
hurry in the completion of the delivery. Prohibited trips would include, but are not limited to, the delivery of
pizzas and prepared foods to the customer; the delivery of materials under a deadline (such as deposits to a
bank at closing); and the shuttling of passengers to and from transportation depots to meet transport
schedules. Urgent, time-sensitive deliveries would not depend on the delivery's points of origin and
termination, and would include the delivery of people and things to the employer's place of business as well
as from that business to some other location.

[56 FR 58630, Nov. 20, 1991, as amended at 69 FR 75403, Dec. 16, 2004]

§ 570.53 Coal-mine occupations (Order 3).


(a) Finding and declaration of fact. All occupations in or about any coal mine, except the occupation of slate
or other refuse picking at a picking table or picking chute in a tipple or breaker and occupations requiring the
performance of duties solely in offices or in repair or maintenance shops located in the surface part of any
coal-mining plant, are particularly hazardous for the employment of minors between 16 and 18 years of age.

(b) Definitions. For the purpose of this section:

(1) The term coal shall mean any rank of coal including lignite, bituminous, and the anthracite coals.

(2) The term all occupations in or about any coal mine shall mean all types of work performed in any
underground working, open-pit, or surface part of any coal-mining plant, that contribute to the extraction,
grading, cleaning, or other handling of coal.

[16 FR 7008, July 20, 1951. Redesignated at 28 FR 1634, Feb. 21, 1963, and amended at 28 FR 3449, Apr. 9,
1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971]

§ 570.54 Forest fire fighting and forest fire prevention occupations,


timber tract occupations, forestry service occupations, logging
occupations, and occupations in the operation of any sawmill, lath
mill, shingle mill, or cooperage stock mill (Order 4).
(a) Finding and declarations of fact. All occupations in forest fire fighting and forest fire prevention, in
timber tracts, in forestry services, logging, and the operation of any sawmill, lath mill, shingle mill, or
cooperage stock mill are particularly hazardous for the employment of minors between 16 and 18 years of
age, except the following when not prohibited by any other section of this subpart:

(1) Work in offices or in repair or maintenance shops.

(2) Work in the construction, operation, repair, or maintenance of living and administrative quarters,
including logging camps and fire fighting base camps.

(3) Work in the repair or maintenance of roads, railroads or flumes and work in construction and
maintenance of telephone lines, but only if the minors are not engaged in the operation of power-driven
machinery, the handling or use of explosives, the felling or bucking of timber, the collecting or transporting
of logs, or work on trestles.

(4) The following tasks in forest fire prevention provided none of these tasks may be performed in
conjunction with or in support of efforts to extinguish a forest fire: the clearing of fire trails or roads; the
construction, maintenance, and patrolling of fire lines; the piling and burning of slash; the maintaining of
fire fighting equipment; and acting as a fire lookout or fire patrolman.
(5) Work related to forest marketing and forest economics when performed away from the forest.

(6) Work in the feeding or care of animals.

(7) Peeling of fence posts, pulpwood, chemical wood, excelsior wood, cordwood, or similar products, when
not done in conjunction with and at the same time and place as other logging occupations declared
hazardous by this section.

(8) The following additional exceptions apply to the operation of a permanent sawmill or the operation of
any lath mill, shingle mill, or cooperage stock mill, but not to a portable sawmill. In addition, the following
exceptions do not apply to work which entails entering the sawmill building, except for those minors whose
employment meets the requirements of the limited exemptions discussed in §§ 570.34(m) and 570.54(c):

(i) Straightening, marking, or tallying lumber on the dry chain or the dry drop sorter.

(ii) Pulling lumber from the dry chain, except minors under 16 years of age may not pull lumber from the
dry chain as such youth are prohibited from operating or tending power-driven machinery by § 570.33(e)
of this part.

(iii) Clean-up in the lumberyard.

(iv) Piling, handling, or shipping of cooperage stock in yards or storage sheds other than operating or
assisting in the operation of power-driven equipment; except minors under 16 years of age may not
perform shipping duties as they are prohibited from employment in occupations in connection with the
transportation of property by rail, highway, air, water, pipeline, or other means by § 570.33(n)(1) of this
part.

(v) Clerical work in yards or shipping sheds, such as done by ordermen, tally-men, and shipping clerks.

(vi) Clean-up work outside shake and shingle mills, except when the mill is in operation.

(vii) Splitting shakes manually from precut and split blocks with a froe and mallet, except inside the mill
building or cover.

(viii) Packing shakes into bundles when done in conjunction with splitting shakes manually with a froe
and mallet, except inside the mill building or cover.

(ix) Manual loading of bundles of shingles or shakes into trucks or railroad cars, provided that the
employer has on file a statement from a licensed doctor of medicine or osteopathy certifying the minor
capable of performing this work without injury to himself, except minors under 16 years of age may not
load bundles of shingles or shakes into trucks or railroad cars as they are prohibited from loading and
unloading goods or property onto or from motor vehicles, railroad cars, or conveyors by § 570.33(k) of
this part.

(b) Definitions. As used in this section:

All occupations in forest fire fighting and forest fire prevention shall include the controlling and
extinguishing of fires, the wetting down of areas or extinguishing of spot fires, and the patrolling of burned
areas to assure the fire has been extinguished. The term shall also include the following tasks when performed
in conjunction with, or in support of, efforts to extinguish a forest fire: the piling and burning of slash; the
clearing of fire trails or roads; the construction, maintenance, and patrolling of fire lines; acting as a fire
lookout or fire patrolman; and the maintaining of fire fighting equipment. The prohibition concerning the
employment of youth in forest fire fighting and fire prevention applies to all forest and timber tract locations,
logging operations, and sawmill operations, including all buildings located within such areas.

All occupations in forestry services shall mean all work involved in the support of timber production, wood
technology, forestry economics and marketing, and forest protection. The term includes such services as
timber cruising, surveying, or logging-engineering parties; estimating timber; timber valuation; forest pest
control; forest fire fighting and forest fire prevention as defined in this section; and reforestation. The term
shall not include work in forest nurseries, establishments primarily engaged in growing trees for purposes of
reforestation. The term shall not include the gathering of forest products such as balsam needles, ginseng,
huckleberry greens, maple sap, moss, Spanish moss, sphagnum moss, teaberries, and tree seeds; the
distillation of gum, turpentine, and rosin if carried on at the gum farm; and the extraction of pine gum.

All occupations in logging shall mean all work performed in connection with the felling of timber; the
bucking or converting of timber into logs, poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood,
cordwood, fence posts, or similar products; the collecting, skidding, yarding, loading, transporting and
unloading of such products in connection with logging; the constructing, repairing and maintaining of roads,
railroads, flumes, or camps used in connection with logging; the moving, installing, rigging, and maintenance
of machinery or equipment used in logging; and other work performed in connection with logging.

All occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill shall mean
all work performed in or about any such mill in connection with storing of logs and bolts; converting logs or
bolts into sawn lumber, lathers, shingles, or cooperage stock; storing drying, and shipping lumber, laths,
shingles, cooperage stock, or other products of such mills; and other work performed in connection with the
operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill. The term shall not include work
performed in the planing-mill department or other remanufacturing departments of any sawmill or
remanufacturing plant not a part of a sawmill.

All occupations in timber tracts means all work performed in or about establishments that cultivate, manage
or sell standing timber. The term includes work performed in timber culture, timber tracts, timber-stand
improvement, and forest fire fighting and fire prevention. It includes work on tree farms, except those tree
farm establishments that meet the definition of agriculture contained in 29 U.S.C. 203(f).

Inside or outside places of business shall mean the actual physical location of the establishment employing
the youth, including the buildings and surrounding land necessary to the business operations of that
establishment.

Operate or assist in the operation of power-driven woodworking machines includes operating such
machines, including supervising or controlling the operation of such machines, feeding material into such
machines, helping the operator feed material into such machines, unloading materials from such machines,
and helping the operator unload materials from such machines. The term also includes the occupations of
setting-up, adjusting, repairing, oiling, or cleaning such machines.

Places of business where machinery is used to process wood products shall mean such permanent
workplaces as sawmills, lath mills, shingle mills, cooperage stock mills, furniture and cabinet making shops,
gazebo and shed making shops, toy manufacturing shops, and pallet shops. The term shall not include
construction sites, portable sawmills, areas where logging is being performed, or mining operations.

Portable sawmill shall mean a sawmilling operation where no office or repair or maintenance shop is
ordinarily maintained, and any lumberyard operated in conjunction with the sawmill is used only for the
temporary storage of green lumber.
Power-driven woodworking machines shall mean all fixed or portable machines or tools driven by power and
used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening or
otherwise assembling, pressing or printing wood, veneer, trees, logs, or lumber.

Remanufacturing department shall mean those departments of a sawmill where lumber products such as
boxes, lawn furniture, and the like are remanufactured from previously cut lumber. The kind of work
performed in such departments is similar to that done in planing mill departments in that rough lumber is
surfaced or made into other finished products. The term is not intended to denote those operations in sawmills
where rough lumber is cut to dimensions.

Supervised by an adult relative or is supervised by an adult member of the same religious sect or division as
the youth, as a term, has several components. Supervised refers to the requirement that the youth's on-the-job
activities be directed, monitored, and controlled by certain named adults. Such supervision must be close,
direct, constant and uninterrupted. An adult shall mean an individual who is at least eighteen years of age. A
relative shall mean the parent (or someone standing in place of a parent), grandparent, sibling, uncle, or aunt
of the young worker. A member of the same religious sect or division as the youth refers to an individual who
professes membership in the same religious sect or division to which the youth professes membership.

(c) Exemptions.

(1) The provisions contained in paragraph (a)(8) of this section that prohibit youth between 16 and 18 years
of age from performing any work that entails entering the sawmill building do not apply to the employment
of a youth who is at least 14 years of age and less than 18 years of age and who by statute or judicial order is
exempt from compulsory school attendance beyond the eighth grade, if:

(i) The youth is supervised by an adult relative or by an adult member of the same religious sect or
division as the youth;

(ii) The youth does not operate or assist in the operation of power-driven woodworking machines;

(iii) The youth is protected from wood particles or other flying debris within the workplace by a barrier
appropriate to the potential hazard of such wood particles or flying debris or by maintaining a sufficient
distance from machinery in operation; and

(iv) The youth is required to use, and uses, personal protective equipment to prevent exposure to excessive
levels of noise and saw dust.

(2) Compliance with the provisions of paragraphs (c)(1)(iii) and (iv) of this section will be accomplished
when the employer is in compliance with the requirements of the applicable governing standards issued by
the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) or, in those areas
where OSHA has authorized the state to operate its own Occupational Safety and Health Plan, the
applicable standards issued by the Office charged with administering the State Occupational Safety and
Health Plan.

[75 FR 28453, May 20, 2010]

§ 570.55 Occupations involved in the operation of power-driven


woodworking machines (Order 5).
(a) Finding and declaration of fact. The following occupations involved in the operation of power-driven
wood-working machines are particularly hazardous for minors between 16 and 18 years of age:
(1) The occupation of operating power-driven woodworking machines, including supervising or controlling
the operation of such machines, feeding material into such machines, and helping the operator to feed
material into such machines but not including the placing of material on a moving chain or in a hopper or
slide for automatic feeding.

(2) The occupations of setting up, adjusting, repairing, oiling, or cleaning power-driven woodworking
machines.

(3) The occupations of off-bearing from circular saws and from guillotine-action veneer clippers.

(b) Definitions. As used in this section:

Off-bearing shall mean the removal of material or refuse directly from a saw table or from the point of
operation. Operations not considered as off-bearing within the intent of this section include:

(i) The removal of material or refuse from a circular saw or guillotine-action veneer clipper where the
material or refuse has been conveyed away from the saw table or point of operation by a gravity chute or
by some mechanical means such as a moving belt or expulsion roller; and

(ii) The following operations when they do not involve the removal of materials or refuse directly from a
saw table or point of operation: The carrying, moving, or transporting of materials from one machine to
another or from one part of a plant to another; the piling, stacking, or arranging of materials for feeding
into a machine by another person; and the sorting, tying, bundling, or loading of materials.

Power-driven woodworking machines shall mean all fixed or portable machines or tools driven by power
and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening or
otherwise assembling, pressing or printing wood, veneer, trees, logs, or lumber.

(c) Exemptions. This section shall not apply to the employment of apprentices or student-learners under the
conditions prescribed in § 570.50 (b) and (c).

[16 FR 7008, July 20, 1951. Redesignated at 28 FR 1634, Feb. 21, 1963, and amended at 28 FR 3449, Apr. 9,
1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971; 75 FR 28455, May 20, 2010]

§ 570.57 Exposure to radioactive substances and to ionizing radiations


(Order 6).
(a) Finding and declaration of fact. The following occupations involving exposure to radioactive substances
and to ionizing radiations are particularly hazardous and detrimental to health for minors between 16 and 18
years of age:

(1) Any work in any workroom in which

(i) radium is stored or used in the manufacture of self-luminous compound,

(ii) self-luminous compound is made, processed, or packaged,

(iii) self-luminous compound is stored, used, or worked upon,


(iv) incandescent mantles are made from fabric and solutions containing thorium salts, or are processed or
packaged,

(v) other radioactive substances are present in the air in average concentrations exceeding 10 percent of
the maximum permissible concentrations in the air recommended for occupational exposure by the
National Committee on Radiation Protection, as set forth in the 40-hour week column of table one of the
National Bureau of Standards Handbook No. 69 entitled “Maximum Permissible Body Burdens and
Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure,”
issued June 5, 1959.

(2) Any other work which involves exposure to ionizing radiations in excess of 0.5 rem per year.

(b) Definitions. As used in this section:

(1) The term self-luminous compound shall mean any mixture of phosphorescent material and radium,
mesothorium, or other radioactive element;

(2) The term workroom shall include the entire area bounded by walls of solid material and extending from
floor to ceiling;

(3) The term ionizing radiations shall mean alpha and beta particles, electrons, protons, neutrons, gamma
and X-ray and all other radiations which produce ionizations directly or indirectly, but does not include
electromagnetic radiations other than gamma and X-ray.

[22 FR 3657, May 24, 1957, as amended at 26 FR 8885, Sept. 21, 1961. Redesignated at 28 FR 1634, Feb. 21,
1963, and amended at 28 FR 3449, Apr. 9, 1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971]

§ 570.58 Occupations involved in the operation of power-driven


hoisting apparatus (Order 7).
(a) Findings and declaration of fact. The following occupations involved in the operation of power-driven
hoisting apparatus are particularly hazardous for minors between 16 and 18 years of age:

(1) Work of operating, tending, riding upon, working from, repairing, servicing, or disassembling an
elevator, crane, derrick, hoist, or high-lift truck, except operating or riding inside an unattended automatic
operation passenger elevator. Tending such equipment includes assisting in the hoisting tasks being
performed by the equipment.

(2) Work of operating, tending, riding upon, working from, repairing, servicing, or disassembling a manlift
or freight elevator, except 16- and 17-year-olds may ride upon a freight elevator operated by an assigned
operator. Tending such equipment includes assisting in the hoisting tasks being performed by the
equipment.

(b) Definitions. As used in this section:

Crane shall mean a power-driven machine for lifting and lowering a load and moving it horizontally, in which
the hoisting mechanism is an integral part of the machine. The term shall include all types of cranes, such as
cantilever gantry, crawler, gantry, hammerhead, ingot pouring, jib, locomotive, motor-truck, overhead
traveling, pillar jib, pintle, portal, semi-gantry, semi-portal, storage bridge, tower, walking jib, and wall
cranes.
Derrick shall mean a power-driven apparatus consisting of a mast or equivalent members held at the top by
guys or braces, with or without a boom, for use with a hoisting mechanism or operating ropes. The term shall
include all types of derricks, such as A-frame, breast, Chicago boom, gin-pole, guy, and stiff-leg derrick.

Elevator shall mean any power-driven hoisting or lowering mechanism equipped with a car or platform which
moves in guides in a substantially vertical direction. The term shall include both passenger and freight
elevators (including portable elevators or tiering machines), but shall not include dumbwaiters.

High-lift truck shall mean a power-driven industrial type of truck used for lateral transportation that is
equipped with a power-operated lifting device usually in the form of a fork or platform capable of tiering
loaded pallets or skids one above the other. Instead of a fork or a platform, the lifting device may consist of a
ram, scoop, shovel, crane, revolving fork, or other attachments for handling specific loads. The term shall
mean and include highlift trucks known under such names as fork lifts, fork trucks, fork lift trucks, tiering
trucks, backhoes, front-end loaders, skid loaders, skid-steer loaders, Bobcat loaders, or stacking trucks, but
shall not mean low-lift trucks or low-lift platform trucks that are designed for the transportation of but not the
tiering of materials.

Hoist shall mean a power-driven apparatus for raising or lowering a load by the application of a pulling force
that does not include a car or platform running in guides. The term shall include all types of hoists, such as
base mounted electric, clevis suspension, hook suspension, monorail, overhead electric, simple drum, and
trolley suspension hoists.

Manlift shall mean a device intended for the conveyance of persons that consists of platforms or brackets
mounted on, or attached to, an endless belt, cable, chain or similar method of suspension; with such belt, cable
or chain operating in a substantially vertical direction and being supported by and driven through pulleys,
sheaves or sprockets at the top and bottom. The term shall also include truck- or equipment-mounted aerial
platforms commonly referred to as scissor lifts, boom-type mobile elevating work platforms, work assist
vehicles, cherry pickers, basket hoists, and bucket trucks.

(c) Exception.

(1) This section shall not prohibit the operation of an automatic elevator and an automatic signal operation
elevator provided that the exposed portion of the car interior (exclusive of vents and other necessary small
openings), the car door, and the hoistway doors are constructed of solid surfaces without any opening
through which a part of the body may extend; all hoistway openings at floor level have doors which are
interlocked with the car door so as to prevent the car from starting until all such doors are closed and locked;
the elevator (other than hydraulic elevators) is equipped with a device which will stop and hold the car in
case of overspeed or if the cable slackens or breaks; and the elevator is equipped with upper and lower
travel limit devices which will normally bring the car to rest at either terminal and a final limit switch which
will prevent the movement in either direction and will open in case of excessive over travel by the car.

(2) For the purpose of this exception the term automatic elevator shall mean a passenger elevator, a freight
elevator, or a combination passenger-freight elevator, the operation of which is controlled by pushbuttons in
such a manner that the starting, going to the landing selected, leveling and holding, and the opening and
closing of the car and hoistway doors are entirely automatic.

(3) For the purpose of this exception, the term automatic signal operation elevator shall mean an elevator
which is started in response to the operation of a switch (such as a lever or pushbutton) in the car which
when operated by the operator actuates a starting device that automatically closes the car and hoistway
doors - from this point on, the movement of the car to the landing selected, leveling and holding when it gets
there, and the opening of the car and hoistway doors are entirely automatic.
[16 FR 7008, July 20, 1951, as amended at 20 FR 6386, Aug. 31, 1955. Redesignated at 28 FR 1634, Feb. 21,
1963, and amended at 28 FR 3449, Apr. 9, 1963; 32 FR 15479, Nov. 7, 1967. Redesignated and amended at 36
FR 25156, Dec. 29, 1971; 75 FR 28455, May 20, 2010]

§ 570.59 Occupations involved in the operation of power-driven metal


forming, punching, and shearing machines (Order 8).
(a) Finding and declaration of fact. The following occupations are particularly hazardous for the
employment of minors between 16 and 18 years of age:

(1) The occupations of operator of or helper on the following power-driven metal forming, punching, and
shearing machines:

(i) All rolling machines, such as beading, straightening, corrugating, flanging, or bending rolls; and hot or
cold rolling mills.

(ii) All pressing or punching machines, such as punch presses except those provided with full automatic
feed and ejection and with a fixed barrier guard to prevent the hands or fingers of the operator from
entering the area between the dies; power presses; and plate punches.

(iii) All bending machines, such as apron brakes and press brakes.

(iv) All hammering machines, such as drop hammers and power hammers.

(v) All shearing machines, such as guillotine or squaring shears; alligator shears; and rotary shears.

(2) The occupations of setting up, adjusting, repairing, oiling, or cleaning these machines including those
with automatic feed and ejection.

(b) Definitions.

(1) The term operator shall mean a person who operates a machine covered by this section by performing
such functions as starting or stopping the machine, placing materials into or removing them from the
machine, or any other functions directly involved in operation of the machine.

(2) The term helper shall mean a person who assists in the operation of a machine covered by this section by
helping place materials into or remove them from the machine.

(3) The term forming, punching, and shearing machines shall mean power-driven metal-working machines,
other than machine tools, which change the shape of or cut metal by means of tools, such as dies, rolls, or
knives which are mounted on rams, plungers, or other moving parts. Types of forming, punching, and
shearing machines enumerated in this section are the machines to which the designation is by custom
applied.

(c) Exemptions. This section shall not apply to the employment of apprentices or student-learners under the
conditions prescribed in § 570.50 (b) and (c).

[16 FR 7008, July 20, 1951, as amended at 25 FR 9848, Oct. 14, 1960. Redesignated at 28 FR 1634, Feb. 21,
1963, and amended at 28 FR 3449, Apr. 9, 1963. Redesignated at 36 FR 25156, Dec. 29, 1971]
§ 570.60 Occupations in connection with mining, other than coal
(Order 9).
(a) Finding and declaration of fact. All occupations in connection with mining, other than coal, are
particularly hazardous for the employment of minors between 16 and 18 years of age or detrimental to their
health or well-being and employment in such occupations is therefore prohibited under section 12 of the Fair
Labor Standards Act, as amended, except the following:

(1) Work in offices, in the warehouse or supply house, in the change house, in the laboratory, and in repair
or maintenance shops not located underground.

(2) Work in the operation and maintenance of living quarters.

(3) Work outside the mine in surveying, in the repair and maintenance of roads, and in general clean-up
about the mine property such as clearing brush and digging drainage ditches.

(4) Work of track crews in the building and maintaining of sections of railroad track located in those areas
of open-cut metal mines where mining and haulage activities are not being conducted at the time and place
that such building and maintenance work is being done.

(5) Work in or about surface placer mining operations other than placer dredging operations and hydraulic
placer mining operations.

(6) The following work in metal mills other than in mercury-recovery mills or mills using the cyanide
process:

(i) Work involving the operation of jigs, sludge tables, flotation cells, or drier-filters;

(ii) Work of hand-sorting at picking table or picking belt;

(iii) General clean-up work:

Provided, however, That nothing in this section shall be construed as permitting employment of minors in
any occupation prohibited by any other hazardous occupations order issued by the Secretary of Labor.

(b) Definitions. As used in this section: The term all occupations in connection with mining, other than coal
shall mean all work performed underground in mines and quarries; on the surface at underground mines and
underground quarries; in or about open-cut mines, open quarries, clay pits, and sand and gravel operations; at
or about placer mining operations; at or about dredging operations for clay, sand or gravel; at or about bore-
hole mining operations; in or about all metal mills, washer plants, or grinding mills reducing the bulk of the
extracted minerals; and at or about any other crushing, grinding, screening, sizing, washing or cleaning
operations performed upon the extracted minerals except where such operations are performed as a part of a
manufacturing process. The term shall not include work performed in subsequent manufacturing or processing
operations, such as work performed in smelters, electro-metallurgical plants, refineries reduction plants,
cement mills, plants where quarried stone is cut, sanded and further processed, or plants manufacturing clay
glass or ceramic products. Neither shall the term include work performed in connection with coal mining, in
petroleum production, in natural-gas production, nor in dredging operations which are not a part of mining
operations, such as dredging for construction or navigation purposes.
[16 FR 7008, July 20, 1951. Redesignated at 28 FR 1634, Feb. 21, 1963, and amended at 28 FR 3449, Apr. 9,
1963. Redesignated at 36 FR 25156, Dec. 29, 1971]

§ 570.61 Occupations in the operation of power-driven meat-


processing machines and occupations involving slaughtering, meat
and poultry packing, processing, or rendering (Order 10).
(a) Findings and declaration of fact. The following occupations in or about slaughtering and meat packing
establishments, rendering plants, or wholesale, retail or service establishments are particularly hazardous for
the employment of minors between 16 and 18 years of age or detrimental to their health or well-being:

(1) All occupations on the killing floor, in curing cellars, and in hide cellars, except the work of messengers,
runners, handtruckers, and similar occupations which require entering such workrooms or workplaces
infrequently and for short periods of time.

(2) All occupations involved in the recovery of lard and oils, except packaging and shipping of such
products and the operation of lard-roll machines.

(3) All occupations involved in tankage or rendering of dead animals, animal offal, animal fats, scrap meats,
blood, and bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and similar products.

(4) All occupations involved in the operation or feeding of the following power-driven machines, including
setting-up, adjusting, repairing, or oiling such machines or the cleaning of such machines or the individual
parts or attachments of such machines, regardless of the product being processed by these machines
(including, for example, the slicing in a retail delicatessen of meat, poultry, seafood, bread, vegetables, or
cheese, etc.): meat patty forming machines, meat and bone cutting saws, poultry scissors or shears; meat
slicers, knives (except bacon-slicing machines), headsplitters, and guillotine cutters; snoutpullers and
jawpullers; skinning machines; horizontal rotary washing machines; casing-cleaning machines such as
crushing, stripping, and finishing machines; grinding, mixing, chopping, and hashing machines; and presses
(except belly-rolling machines). Except, the provisions of this subsection shall not apply to the operation of
those lightweight, small capacity, portable, countertop mixers discussed in § 570.62(b)(1) of this chapter
when used as a mixer to process materials other than meat or poultry.

(5) All boning occupations.

(6) All occupations that involve the pushing or dropping of any suspended carcass, half carcass, or quarter
carcass.

(7) All occupations involving the handlifting or handcarrying any carcass or half carcass of beef, pork,
horse, deer, or buffalo, or any quarter carcass of beef, horse, or buffalo.

(b) Definitions. As used in this section:

Boning occupations means the removal of bones from meat cuts. It does not include work that involves
cutting, scraping, or trimming meat from cuts containing bones.

Curing cellar includes a workroom or workplace which is primarily devoted to the preservation and flavoring
of meat, including poultry, by curing materials. It does not include a workroom or workplace solely where
meats are smoked.
Hide cellar includes a workroom or workplace where hides are graded, trimmed, salted, and otherwise cured.

Killing floor includes a workroom, workplace where such animals as cattle, calves, hogs, poultry, sheep,
lambs, goats, buffalo, deer, or horses are immobilized, shackled, or killed, and the carcasses are dressed prior
to chilling.

Retail/wholesale or service establishments include establishments where meat or meat products, including
poultry, are processed or handled, such as butcher shops, grocery stores, restaurants and quick service food
establishments, hotels, delicatessens, and meat locker (freezer-locker) companies, and establishments where
any food product is prepared or processed for serving to customers using machines prohibited by paragraph
(a) of this section.

Rendering plants means establishments engaged in the conversion of dead animals, animal offal, animal fats,
scrap meats, blood, and bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and similar
products.

Slaughtering and meat packing establishments means places in or about which such animals as cattle,
calves, hogs, poultry, sheep, lambs, goats, buffalo, deer, or horses are killed, butchered, or processed. The
term also includes establishments which manufacture or process meat or poultry products, including sausage
or sausage casings from such animals.

(c) Exemptions. This section shall not apply to:

(1) The killing and processing of rabbits or small game in areas physically separated from the killing floor.

(2) The employment of apprentices or student-learners under the conditions prescribed in § 570.50(b) and
(c).

[56 FR 58631, Nov. 20, 1991, as amended at 75 FR 28455, May 20, 2010]

§ 570.62 Occupations involved in the operation of bakery machines


(Order 11).
(a) Finding and declaration of fact. The following occupations involved in the operation of power-driven
bakery machines are particularly hazardous for the employment of minors between 16 and 18 years of age:

(1) The occupations of operating, assisting to operate, or setting up, adjusting, repairing, oiling, or cleaning
any horizontal or vertical dough mixer; batter mixer; bread dividing, rounding, or molding machine; dough
brake; dough sheeter; combination bread slicing and wrapping machine; or cake cutting band saw.

(2) The occupation of setting up or adjusting a cookie or cracker machine.

(b) Exceptions.

(1) This section shall not apply to the operation, including the setting up, adjusting, repairing, oiling and
cleaning, of lightweight, small capacity, portable counter-top power-driven food mixers that are, or are
comparable to, models intended for household use. For purposes of this exemption, a lightweight, small
capacity mixer is one that is not hardwired into the establishment's power source, is equipped with a motor
that operates at no more than1⁄2 horsepower, and is equipped with a bowl with a capacity of no more than
five quarts. Except, this exception shall not apply when the mixer is used, with or without attachments, to
process meat or poultry products as prohibited by § 570.61(a)(4).

(2) This section shall not apply to the operation of pizza-dough rollers, a type of dough sheeter, that: have
been constructed with safeguards contained in the basic design so as to prevent fingers, hands, or clothing
from being caught in the in-running point of the rollers; have gears that are completely enclosed; and have
microswitches that disengage the machinery if the backs or sides of the rollers are removed. This exception
applies only when all the safeguards detailed in this paragraph are present on the machine, are operational,
and have not been overridden. This exception does not apply to the setting up, adjusting, repairing, oiling or
cleaning of such pizza-dough rollers.

[17 FR 5610, June 21, 1952, as amended at 25 FR 9849, Oct. 14, 1960. Redesignated at 28 FR 1634, Feb. 21,
1963, and amended at 28 FR 3449, Apr. 9, 1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971; 75
FR 28456, May 20, 2010]

§ 570.63 Occupations involved in the operation of balers, compactors,


and paper-products machines (Order 12).
(a) Findings and declaration of fact. The following occupations are particularly hazardous for the
employment of minors between 16 and 18 years of age:

(1) The occupations of operation or assisting to operate any of the following power-driven paper products
machines:

(i) Arm-type wire stitcher or stapler, circular or band saw, corner cutter or mitering machine, corrugating
and single-or-double facing machine, envelope die-cutting press, guillotine paper cutter or shear,
horizontal bar scorer, laminating or combining machine, sheeting machine, scrap paper baler, paper box
compactor, or vertical slotter.

(ii) Platen die-cutting press, platen printing press, or punch press which involves hand feeding of the
machine.

(2) The occupations of operation or assisting to operate any baler that is designed or used to process
materials other than paper.

(3) The occupations of operation or assisting to operate any compactor that is designed or used to process
materials other than paper.

(4) The occupations of setting up, adjusting, repairing, oiling, or cleaning any of the machines listed in
paragraphs (a)(1), (2), and (3) of this section.

(b) Definitions. As used in this section:

Applicable ANSI Standard means the American National Standard Institute's Standard ANSI Z245.5-1990
American National Standard for Refuse Collection, Processing, and Disposal - Baling Equipment - Safety
Requirements (ANSI S245.5-1990) for scrap paper balers or the American National Standard Institute's
Standard ANSI Z245.2-1992 American National Standard for Refuse Collection, Processing, and Disposal
Equipment - Stationary Compactors - Safety Requirements (ANSI Z245.2-1992) for paper box compactors.
Additional applicable standards are the American National Standard Institute's Standard ANSI Z245.5-1997
American National Standard for Equipment Technology and Operations for Wastes and Recyclable Materials
- Baling Equipment - Safety Requirements (ANSI Z245.5-1997), the American National Standard Institute's
Standard ANSI Z245.5-2004 American National Standard for Equipment Technology and Operations for
Wastes and Recyclable Materials - Baling Equipment - Safety Requirements for Installation, Maintenance
and Operation (ANSI Z245.5-2004), and the American National Standard Institute's Standard ANSI Z245.5-
2008 American National Standard for Equipment Technology and Operations for Wastes and Recyclable
Materials - Baling Equipment - Safety Requirements (ANSI Z245.5-2008) for scrap paper balers or the
American National Standard Institute's Standard ANSI Z245.2-1997 American National Standard for
Equipment Technology and Operations for Wastes and Recyclable Materials - Stationary Compactors -
Safety Requirements (ANSI Z245.2-1997), the American National Standard Institute's Standard ANSI Z245.2-
2004 American National Standard for Equipment Technology and Operations for Wastes and Recyclable
Materials - Stationary Compactors - Safety Requirements for Installation, Maintenance and Operation (ANSI
Z245.2-2004), and the American National Standard Institute's Standard ANSI Z245.2-2008 American
National Standard for Equipment Technology and Operations for Wastes and Recyclable Materials -
Stationary Compactors - Safety Requirements for Installation, Maintenance and Operation (ANSI Z245.2-
2008) for paper box compactors, which the Secretary has certified to be at least as protective of the safety of
minors as Standard ANSI Z245.5-1990 for scrap paper balers or Standard ANSI Z245.2-1992 for paper box
compactors. The ANSI standards for scrap paper balers and paper box compactors govern the manufacture
and modification of the equipment, the operation and maintenance of the equipment, and employee training.
These ANSI standards are incorporated by reference in this paragraph and have the same force and effect as
other standards in this part. Only the mandatory provisions (i.e., provisions containing the word “shall” or
other mandatory language) of these standards are adopted as standards under this part. These standards are
incorporated by reference as they exist on the date of the approval; if any changes are made in these standards
which the Secretary finds to be as protective of the safety of minors as the current standards, the Secretary
will publish a Notice of the change of standards in the Federal Register. These incorporations by reference
were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies of these standards are available for purchase from the American National Standards Institute (ANSI),
25 West 43rd St., Fourth Floor, New York, NY 10036. The telephone number for ANSI is (212) 642-4900
and its Web site is located at http://www.ansi.org. In addition, these standards are available for inspection at
the National Archives and Records Administration (NARA). For information on the availability of this
material at NARA, call (202) 741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. These standards
are also available for inspection at the Occupational Safety and Health Administration's Docket Office, Room
N-2625, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, or any of its
regional offices. The telephone number for the Occupational Safety and Health Administration's Docket
Office is (202) 693-2350 and its Web site is located at http://dockets.osha.gov.

Baler that is designed or used to process materials other than paper means a powered machine designed or
used to compress materials other than paper and cardboard boxes, with or without binding, to a density or
form that will support handling and transportation as a material unit without requiring a disposable or reusable
container.

Compactor that is designed or used to process materials other than paper means a powered machine that
remains stationary during operation, designed or used to compact refuse other than paper or cardboard boxes
into a detachable or integral container or into a transfer vehicle.

Operating or assisting to operate means all work that involves starting or stopping a machine covered by this
section, placing materials into or removing materials from a machine, including clearing a machine of jammed
materials, paper, or cardboard, or any other work directly involved in operating the machine. The term does
not include the stacking of materials by an employee in an area nearby or adjacent to the machine where such
employee does not place the materials into the machine.

Paper box compactor means a powered machine that remains stationary during operation, used to compact
refuse, including paper boxes, into a detachable or integral container or into a transfer vehicle.
Paper products machine means all power-driven machines used in remanufacturing or converting paper or
pulp into a finished product, including preparing such materials for recycling; or preparing such materials for
disposal. The term applies to such machines whether they are used in establishments that manufacture
converted paper or pulp products, or in any other type of manufacturing or nonmanufacturing establishment.
The term also applies to those machines which, in addition to paper products, process other material for
disposal.

Scrap paper baler means a powered machine used to compress paper and possibly other solid waste, with or
without binding, to a density or form that will support handling and transportation as a material unit without
requiring a disposable or reusable container.

(c) Exemptions.

(1) Sixteen- and 17-year-olds minors may load materials into, but not operate or unload, those scrap paper
balers and paper box compactors that are safe for 16- and 17-year-old employees to load and cannot be
operated while being loaded. For the purpose of this exemption, a scrap paper baler or a paper box
compactor is considered to be safe for 16- and 17-year-old to load only if all of the following conditions are
met:

(i) The scrap paper baler or paper box compactor meets the applicable ANSI standard (the employer must
initially determine if the equipment meets the applicable ANSI standard, and the Administrator or his/her
designee may make a determination when conducting an investigation of the employer);

(ii) The scrap paper baler or paper box compactor includes an on-off switch incorporating a key-lock or
other system and the control of the system is maintained in the custody of employees who are 18 years of
age or older;

(iii) The on-off switch of the scrap paper baler or paper box compactor is maintained in an off position
when the machine is not in operation; and

(iv) The employer posts a notice on the scrap paper baler or paper box compactor (in a prominent position
and easily visible to any person loading, operating, or unloading the machine) that includes and conveys
all of the following information:

(A)

(1) That the scrap paper baler or compactor meets the industry safety standard applicable to the
machine, as specified in paragraph (b) of this section and displayed in the following table.

In order for employers to take advantage of the In order for employers to take advantage of the
limited exception discussed in this section, the scrap limited exception discussed in this section, the paper
paper baler must meet one of the following ANSI box compactor must meet one of the following ANSI
Standards: Standards:
ANSI Standard Z245.5-1990 ANSI Standard Z245.2-1992.
ANSI Standard Z245.5-1997 ANSI Standard Z245.2-1997.
ANSI Standard Z245.5-2004 ANSI Standard Z245.2-2004.
ANSI Standard Z245.5-2008 ANSI Standard Z245.2-2008.

(2) The notice shall completely identify the appropriate ANSI standard.
(B) That sixteen- and 17-year-old employees may only load the scrap paper baler or paper box
compactor.

(C) That no employee under the age of 18 may operate or unload the scrap paper baler or paper box
compactor.

(2) This section shall not apply to the employment of apprentices or student-learners under the conditions
prescribed in § 570.50 (b) and (c).

[56 FR 58632, Nov. 20, 1991, as amended at 69 FR 75403, Dec. 16, 2004; 75 FR 28456, May 20, 2010]

§ 570.64 Occupations involved in the manufacture of brick, tile, and


kindred products (Order 13).
(a) Findings and declaration of fact. The following occupations involved in the manufacture of clay
construction products and of silica refractory products are particularly hazardous for the employment of
minors between 16 and 18 years of age, and detrimental to their health and well-being.

(1) All work in or about establishments in which clay construction products are manufactured, except

(i) work in storage and shipping:

(ii) work in offices, laboratories, and storerooms; and

(iii) work in the drying departments of plants manufacturing sewer pipe.

(2) All work in or about establishments in which silica brick or other silica refractories are manufactured,
except work in offices.

(3) Nothing in this section shall be construed as permitting employment of minors in any occupation
prohibited by any other hazardous occupations order issued by the Secretary of Labor.

(b) Definitions.

(1) The term clay construction products shall mean the following clay products: Brick, hollow structural
tile, sewer pipe and kindred products, refractories, and other clay products such as architectural terra cotta,
glazed structural tile, roofing tile, stove lining, chimney pipes and tops, wall coping, and drain tile. The term
shall not include the following non-structural-bearing clay products: Ceramic floor and wall tile, mosaic tile,
glazed and enameled tile, faience, and similar tile, nor shall the term include non-clay construction products
such as sand-lime brick, glass brick, or non-clay refractories.

(2) The term silica brick or other silica refractories shall mean refractory products produced from raw
materials containing free silica as their main constituent.

[21 FR 5773, Aug. 2, 1956, as amended at 23 FR 6240, Aug. 14, 1958. Redesignated at 28 FR 1634, Feb. 21,
1963, and amended at 28 FR 3450, Apr. 9, 1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971]
§ 570.65 Occupations involving the operation of circular saws, band
saws, guillotine shears, chain saws, reciprocating saws, wood chippers,
and abrasive cutting discs (Order 14).
(a) Findings and declaration of fact. The following occupations are particularly hazardous for the
employment of minors between 16 and 18 years of age:

(1) The occupations of operator of or helper on the following power-driven fixed or portable machines
except machines equipped with full automatic feed and ejection:

(i) Circular saws.

(ii) Band saws.

(iii) Guillotine shears.

(2) The occupations of operator of or helper on the following power-driven fixed or portable machines:

(i) Chain saws.

(ii) Reciprocating saws.

(iii) Wood chippers.

(iv) Abrasive cutting discs.

(3) The occupations of setting-up, adjusting, repairing, oiling, or cleaning circular saws, band saws,
guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs.

(b) Definitions. As used in this section:

Abrasive cutting disc shall mean a machine equipped with a disc embedded with abrasive materials used for
cutting materials.

Band saw shall mean a machine equipped with an endless steel band having a continuous series of notches or
teeth, running over wheels or pulleys, and used for sawing materials.

Chain saw shall mean a machine that has teeth linked together to form an endless chain used for cutting
materials.

Circular saw shall mean a machine equipped with a thin steel disc having a continuous series of notches or
teeth on the periphery, mounted on shafting, and used for sawing materials.

Guillotine shear shall mean a machine equipped with a moveable blade operated vertically and used to shear
materials. The term shall not include other types of shearing machines, using a different form of shearing
action, such as alligator shears or circular shears.

Helper shall mean a person who assists in the operation of a machine covered by this section by helping place
materials into or remove them from the machine.
Operator shall mean a person who operates a machine covered by this section by performing such functions
as starting or stopping the machine, placing materials into or removing them from the machine, or any other
functions directly involved in operation of the machine.

Reciprocating saw shall mean a machine equipped with a moving blade that alternately changes direction on
a linear cutting axis used for sawing materials.

Wood chipper shall mean a machine equipped with a feed mechanism, knives mounted on a rotating chipper
disc or drum, and a power plant used to reduce to chips or shred such materials as tree branches, trunk
segments, landscape waste, and other materials.

(c) Exemptions. This section shall not apply to the employment of apprentices or student-learners under the
conditions prescribed in § 570.50 (b) and (c).

[25 FR 9849, Oct. 14, 1960. Redesignated at 28 FR 1634, Feb. 21, 1963, and amended at 28 FR 3450, Apr. 9,
1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971; 75 FR 28457, May 20, 2010]

§ 570.66 Occupations involved in wrecking, demolition, and


shipbreaking operations (Order 15).
(a) Finding and declaration of fact. All occupations in wrecking, demolition, and shipbreaking operations are
particularly hazardous for the employment of minors between 16 and 18 years of age and detrimental to their
health and well-being.

(b) Definition. The term wrecking, demolition, and shipbreaking operations shall mean all work, including
clean-up and salvage work, performed at the site of the total or partial razing, demolishing, or dismantling of a
building, bridge, steeple, tower, chimney, other structure, ship or other vessel.

[25 FR 9850, Oct. 14, 1960. Redesignated at 28 FR 1634, Feb. 21, 1963, and amended at 28 FR 3450, Apr. 9,
1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971]

§ 570.67 Occupations in roofing operations and on or about a roof


(Order 16).
(a) Finding and declaration of fact. All occupations in roofing operations and all occupations on or about a
roof are particularly hazardous for the employment of minors between 16 and 18 years of age or detrimental
to their health.

(b) Definitions. On or about a roof includes all work performed upon or in close proximity to a roof,
including carpentry and metal work, alterations, additions, maintenance and repair, including painting and
coating of existing roofs; the construction of the sheathing or base of roofs (wood or metal), including roof
trusses or joists; gutter and downspout work; the installation and servicing of television and communication
equipment such as cable and satellite dishes; the installation and servicing of heating, ventilation and air
conditioning equipment or similar appliances attached to roofs; and any similar work that is required to be
performed on or about roofs.

Roofing operations means all work performed in connection with the installation of roofs, including related
metal work such as flashing, and applying weatherproofing materials and substances (such as waterproof
membranes, tar, slag or pitch, asphalt prepared paper, tile, composite roofing materials, slate, metal,
translucent materials, and shingles of asbestos, asphalt, wood or other materials) to roofs of buildings or other
structures. The term also includes all jobs on the ground related to roofing operations such as roofing laborer,
roofing helper, materials handler and tending a tar heater.

(c) Exemptions. This section shall not apply to the employment of apprentices or student-learners under the
conditions prescribed in § 570.50 (b) and (c).

[27 FR 102, Jan. 5, 1962. Redesignated at 28 FR 1634, Feb. 21, 1963, and amended at 28 FR 3450, Apr. 9,
1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971; 69 FR 57404, Dec. 16, 2004]

§ 570.68 Occupations in excavation operations (Order 17).


(a) Finding and declaration of fact. The following occupations in excavation operations are particularly
hazardous for the employment of persons between 16 and 18 years of age:

(1) Excavating, working in, or backfilling (refilling) trenches, except

(i) manually excavating or manually backfilling trenches that do not exceed four feet in depth at any point,
or

(ii) working in trenches that do not exceed four feet in depth at any point.

(2) Excavating for buildings or other structures or working in such excavations, except:

(i) Manually excavating to a depth not exceeding four feet below any ground surface adjoining the
excavation, or

(ii) working in an excavation not exceeding such depth, or

(iii) working in an excavation where the side walls are shored or sloped to the angle of repose.

(3) Working within tunnels prior to the completion of all driving and shoring operations.

(4) Working within shafts prior to the completion of all sinking and shoring operations.

(b) Exemptions. This section shall not apply to the employment of apprentices or student-learners under the
conditions prescribed in § 570.50 (b) and

(c) .

[28 FR 3449, Apr. 9, 1963. Redesignated at 36 FR 25156, Dec. 29, 1971]

You might also like