Wage and Hour Division, Labor § 570.122

§ 553.231 29 CFR Ch. V (7–1–20 Edition)

Maximum hours stand- § 553.233 ‘‘Regular rate’’ defined. ards Work period (days) The rules for computing an employ- Fire protec- Law en- tion forcement ee’s ‘‘regular rate’’, for purposes of the Act’s overtime pay requirements, are 13 ...... 98 79 set forth in part 778 of this title. These 12 ...... 91 73 11 ...... 83 67 rules are applicable to employees for 10 ...... 76 61 whom the section 7(k) exemption is 9 ...... 68 55 claimed when overtime compensation 8 ...... 61 49 is provided in cash wages. However, 7 ...... 53 43 wherever the word ‘‘workweek’’ is used in part 778, the words ‘‘work period’’ § 553.231 Compensatory time off. should be substituted. (a) Law enforcement and fire protection employees who are subject to the PART 570—CHILD LABOR REGULA- section 7(k) exemption may receive TIONS, ORDERS AND STATEMENTS compensatory time off in lieu of over- OF INTERPRETATION time pay for hours worked in excess of the maximum for their work period as Subpart A—General set forth in § 553.230. The rules for compensatory time off are set forth in Sec. §§ 553.20 through 553.28 of this part. 570.1 Definitions. (b) Section 7(k) permits public agen- 570.2 Minimum age standards. cies to balance the hours of work over an entire work period for law enforce- Subpart B—Certificates of Age ment and fire protection employees. 570.5 Certificates of age and their effect. For example, if an employee engaged in 570.6 Contents and disposition of certifi- fire protection activities’ work period cates of age. is 28 consecutive days, and he or she 570.7 Documentary evidence required for works 80 hours in each of the first two issuance of a certificate of age. weeks, but only 52 hours in the third 570.8 Issuance of a Federal certificate of week, and does not work in the fourth age. 570.9 States in which State certificates of week, no overtime compensation (in age are accepted. cash wages or compensatory time) 570.10 Rules for certificates of age in the would be required since the total hours State of Alaska and the Territory of worked do not exceed 212 for the work Guam. period. If the same employee in fire 570.11 Continued acceptability of certifi- protection activities had a work period cates of age. of only 14 days, overtime compensation 570.12 Revoked certificates of age. or compensatory time off would be due PROVISIONS OF OTHER LAWS for 54 hours (160 minus 106 hours) in the first 14 day work period. 570.25 Effect on laws other than the Federal child labor standards. [52 FR 2032, Jan. 16, 1987, as amended at 76 FR 18857, Apr. 5, 2011; 82 FR 2229, Jan. 9, 2017] Subpart C—Employment of Minors Be- tween 14 and 16 Years of Age (Child § 553.232 Overtime pay requirements. Labor Reg. 3) If a public agency pays employees 570.31 Secretary’s determinations con- subject to section 7(k) for overtime cerning the employment of minors 14 and hours worked in cash wages rather 15 years of age. than compensatory time off, such 570.32 Effect of this subpart. wages must be paid at one and one-half 570.33 Occupations that are prohibited to times the employees’ regular rates of minors 14 and 15 years of age. pay. In addition, employees who have 570.34 Occupations that may be performed accrued the maximum 480 hours of by minors 14 and 15 years of age. compensatory time must be paid cash 570.35 Hours of work and conditions of employment permitted for minors 14 and 15 wages of time and one-half their reg- years of age. ular rates of pay for overtime hours in 570.36 Work experience and career explo- excess of the maximum for the work ration program. period set forth in § 553.230. 570.37 Work-study program.

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570.38 Effect of a certificate of age under 570.68 Occupations in excavation operations this subpart. (Order 17). 570.39 Effect of this subpart on other laws. Subpart E–1—Occupations in Agriculture Subpart D [Reserved] Particularly Hazardous for the Employ- ment of Children Below the Age of 16 Subpart E—Occupations Particularly Haz- ardous for the Employment of Minors 570.70 Purpose and scope. 570.71 Occupations involved in agriculture. Between 16 and 18 Years of Age or 570.72 Exemptions. Detrimental to Their Health or Well- Being Subpart F [Reserved] 570.50 General. Subpart G—General Statements of Inter- 570.51 Occupations in or about plants or es- pretation of the Child Labor Provisions tablishments manufacturing or storing of the Fair Labor Standards Act of explosives or articles containing explosive components (Order 1). 1938, as Amended 570.52 Occupations of motor-vehicle driver GENERAL and outside helper (Order 2). 570.101 Introductory statement. 570.53 Coal-mine occupations (Order 3). 570.102 General scope of statutory provi- 570.54 Forest fire fighting and forest fire sions. prevention occupations, timber tract oc- 570.103 Comparison with wage and hour pro- cupations, forestry service occupations, visions. logging occupations, and occupations in the operation of any sawmill, lath mill, COVERAGE OF SECTION 12(a) shingle mill, or cooperage stock mill 570.104 General. (Order 4). 570.105 ‘‘Producer, manufacturer, or deal- 570.55 Occupations involved in the operation er’’. of power-driven woodworking machines 570.106 ‘‘Ship or deliver for shipment in (Order 5). commerce’’. 570.57 Exposure to radioactive substances 570.107 ‘‘Goods’’. and to ionizing radiations (Order 6). 570.108 ‘‘Produced’’. 570.58 Occupations involved in the operation 570.109 ‘‘Establishment situated in the of power-driven hoisting apparatus United States’’. (Order 7). 570.110 ‘‘In or about’’. 570.59 Occupations involved in the operation 570.111 Removal ‘‘within 30 days’’. of power-driven metal forming, punching, COVERAGE OF SECTION 12(c) and shearing machines (Order 8). 570.60 Occupations in connection with min- 570.112 General. ing, other than coal (Order 9). 570.113 Employment ‘‘in commerce or in the 570.61 Occupations in the operation of production of goods for commerce’’. power-driven meat-processing machines JOINT AND SEPARATE APPLICABILITY OF and occupations involving slaughtering, SECTIONS 12(a) AND 12(c) meat and poultry packing, processing, or rendering (Order 10). 570.114 General. 570.62 Occupations involved in the operation 570.115 Joint applicability. of bakery machines (Order 11). 570.116 Separate applicability. 570.63 Occupations involved in the operation OPPRESSIVE CHILD LABOR of balers, compactors, and paper-products machine (Order 12). 570.117 General. 570.64 Occupations involved in the manufac- 570.118 Sixteen-year minimum. ture of brick, tile, and kindred products 570.119 Fourteen-year minimum. (Order 13). 570.120 Eighteen-year minimum. 570.65 Occupations involving the operation 570.121 Age certificates. of circular saws, band saws, guillotine EXEMPTIONS shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs 570.122 General. (Order 14). 570.123 Agriculture. 570.66 Occupations involved in wrecking, 570.124 Delivery of newspapers. 570.125 Actors and performers. demolition, and shipbreaking operations 570.126 Parental exemption. (Order 15). 570.127 Homeworkers engaged in the making 570.67 Occupations in roofing operations and of evergreen wreaths. on or about a roof (Order 16). 297

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570.128 Loading of certain scrap paper balers tion with respect to the application of and paper box compactors. laws relating to minors. 570.129 Limited driving of automobiles and trucks by 17-year-olds. [41 FR 26834, June 29, 1976, as amended at 82 570.130 Employment of certain youth inside FR 2229, Jan. 9, 2017] and outside of places of business that use power-driven machinery to process wood § 570.2 Minimum age standards. products. (a) All occupations except in agri- ENFORCEMENT culture. (1) The Act, in section 3(1), sets a general 16-year minimum age which 570.140 General. applies to all employment subject to 570.141 Good faith defense. 570.142 Relation to other laws. its child labor provisions in any occupation other than in agriculture, with SOURCE: 16 FR 7008, July 20, 1951, unless the following exceptions: otherwise noted. Redesignated at 28 FR 1634, (i) The Act authorizes the Secretary Feb. 21, 1963, and further redesignated and amended at 36 FR 25156, Dec. 29, 1971. of Labor to provide by regulation or by order that the employment of employees between the ages of 14 and 16 years Subpart A—General in occupations other than manufacturing and mining shall not be deemed AUTHORITY: Secs. 3, 11, 12, 52 Stat. 1060, as to constitute oppressive child labor, if amended, 1066, as amended, 1067, as amended; and to the extent that the Secretary of 29 U.S.C. 203, 211, 212. Labor determines that such employ- SOURCE: 41 FR 26834, June 29, 1976, unless ment is confined to periods which will otherwise noted. not interfere with their schooling and to conditions which will not interfere § 570.1 Definitions. with their health and well-being (see As used in this part: subpart C of this part); and (a) Act means the Fair Labor Stand- (ii) The Act sets an 18-year minimum ards Act of 1938, as amended (52 Stat. age with respect to employment in any 1060, as amended; 29 U.S.C. 201–219). occupation found and declared by the (b) Oppressive child labor means em- Secretary of Labor to be particularly ployment of a minor in an occupation hazardous for the employment of mi- for which he does not meet the min- nors of such age or detrimental to their imum age standards of the Act, as set health or well-being (see subpart E of forth in § 570.2 of this subpart. this part). (c) Oppressive child labor age means an (2) The Act exempts from its min- age below the minimum age estab- imum age requirements the employ- lished under the Act for the occupation ment by a parent of his own child, or in which a minor is employed or in by a person standing in place of a par- which his employment is con- ent of a child in his custody, except in templated. occupations to which the 18-year age (d) A certificate of age means a certifi- minimum applies and in manufac- cate as provided in § 570.5(b) (1) or (2) of turing and mining occupations. this part. (b) Occupations in agriculture. The Act (e) [Reserved] sets a 16-year age minimum for em- (f) Secretary’’ or Secretary of Labor ployment in agriculture during school means the Secretary of Labor, United hours for the school district in which States Department of Labor, or his au- the employed minor is living at the thorized representative. time, and also for employment in any (g) Wage and Hour Division means the occupation in agriculture that the Sec- Wage and Hour Division, United States retary of Labor finds and declares to be Department of Labor. particularly hazardous except where (h) Administrator means the Adminis- such employee is employed by his par- trator of the Wage and Hour Division ent or by a person standing in the place or his authorized representative. of his parent on a farm owned or oper- (i) State agency means any officer, ex- ated by such parent or person (see Sub- ecutive department, board, bureau or part E–1 of this part). There is a min- commission of a State or any division imum age requirement of 14 years gen- or unit thereof authorized to take ac- erally for employment in agriculture

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outside school hours for the school dis- Division, showing that such minor is trict where such employee is living above the oppressive child-labor age while so employed. However, (1) a applicable to the occupation in which minor 12 or 13 years of age may be so he is employed, or employed with written consent of his (2) A State certificate, which may be parent or person standing in place of in the form of and known as an age, his parent, or may work on a farm employment, or working certificate or where such parent or person is also em- permit, issued by or under the super- ployed, and (2) a minor under 12 years vision of a State agency in a State of age may be employed by his parent which has been designated for this pur- or by a person standing in place of his pose by the Administrator showing parent on a farm owned or operated by that such minor is above the oppressive such parent or person, or may be em- child-labor age applicable to the occu- ployed with consent of such parent or pation in which the minor is employed. person on a farm where all employees States so designated are listed in are exempt from the minimum wage § 570.9(a). Any such certificate shall provisions by virtue of section 13(a) (6) have the force and effect specified in (A) of the Act. § 570.9. (c) The prospective employer of a Subpart B—Certificates of Age minor, in order to protect himself from unwitting violation of the Act, should AUTHORITY: 29 U.S.C. 203(l), 211, 212. obtain a certificate (as specified in SOURCE: 41 FR 26835, June 29, 1976, unless paragraphs (b) (1) and (2) of this sec- otherwise noted. tion) for the minor if there is any reason to believe that the minor’s age § 570.5 Certificates of age and their ef- may be below the applicable minimum fect. for the occupation in which he is to be (a) To protect an employer from un- employed. Such certificate should al- witting violation of the minimum age ways be obtained where the minor standards under the Act, section 3(1) of claims to be only 1 or 2 years above the the Act provides that ‘‘oppressive child applicable minimum age for the occu- labor shall not be deemed to exist by pation in which he is to be employed. It virtue of the employment in any occu- should also be obtained for every minor pation of any person with respect to claiming to be older than 2 years above whom the employer shall have on file the applicable minimum age if his an unexpired certificate issued and physical appearance indicates that this held pursuant to regulations of the may not be true. Secretary of Labor certifying that such person is above the oppressive child- § 570.6 Contents and disposition of cer- labor age.’’ The provisions of this sub- tificates of age. part provide for age certificates based (a) Except as provided in §§ 570.9 and on the best available documentary evi- 570.10, a certificate of age which shall dence of age. Certificates issued and ef- have the effect specified in § 570.5 shall fective pursuant to this subpart furnish contain the following information: an employer with proof of the age of a (1) Name and address of minor. minor employee upon which he may rely in determining whether the minor (2) Place and date of birth of minor, is at least the minimum age for the oc- together with a statement indicating cupation in which he is to be employed. the evidence on which this is based. (b) The employment of any minor The place of birth need not appear on shall not be deemed to constitute op- the certificate if it is obtained and pressive child labor under the Act if his kept on file by the person issuing the employer shall have on file an unex- certificate. pired certificate, issued and held in ac- (3) Sex of minor. cordance with this subpart, which shall (4) Signature of minor. be either: (5) Name and address of minor’s par- (1) A Federal certificate of age, ent or person standing in place of par- issued by a person authorized by the ent. This information need not appear Administrator of the Wage and Hour on the certificate if it is obtained and

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kept on file by the person issuing the tistics or other officer charged with the certificate. duty of recording births. (6) Name and address of employer, if (2) A record of baptism or attested minor is under 18. transcript thereof showing the date (7) Industry of employer, if minor is and place of birth and date and place of under 18. baptism of the minor, or a bona fide (8) Occupation of minor, if minor is contemporary record of the date and under 18. place of the minor’s birth kept in the (9) Signature of issuing officer. Bible in which the records of the births (10) Date and place of issuance. in the family of the minor are pre- (b)(1) We will send a certificate of age served, or other documentary evidence for a minor under 18 years of age to the satisfactory to the Administrator, such prospective employer of the minor. as a passport showing the age of the That employer must keep the certifi- minor, or a certificate of arrival in the cate on file at the minor’s workplace. United States issued by the United When the minor terminates employ- States immigration office and showing ment, the employer must give the cer- the age of the minor, or a life-insur- tificate to the minor. The minor may ance policy: Provided, That such other then present the previously issued cer- documentary evidence has been in ex- tificate to future employers as proof of istence at least 1 year prior to the time age as described in § 570.5. it is offered as evidence: And provided (2) Whenever a certificate of age is further, That a school record of age or issued for a minor 18 or 19 years of age an affidavit of a parent or a person it may be given to the minor by the standing in place of a parent, or other person issuing the certificate. Every written statement of age shall not be minor 18 or 19 years of age shall, upon accepted except as specified in para- entering employment, deliver his cer- graph (a) (3) of this section; tificate of age to his employer for fil- (3) The school record or the schooling and upon the termination of the census record of the age of the minor, employment, the employer shall return together with the sworn statement of a the certificate to the minor. parent or person standing in place of a (The information collection requirements parent as to the age of the minor and contained in paragraph (a) were approved by also a certificate signed by a physician the Office of Management and Budget under specifying what in his opinion is the control number 1235–0018) physical age of the minor. Such certifi- [41 FR 26835, June 29, 1976, as amended at 49 cate shall show the height and weight FR 18294, Apr. 30, 1984; 69 FR 75402, Dec. 16, of the minor and other facts con- 2004; 82 FR 2229, Jan. 9, 2017] cerning his physical development which were revealed by such examina- § 570.7 Documentary evidence re- tion and upon which the opinion of the quired for issuance of a certificate physician as to the physical age of the of age. minor is based. If the school or school- (a) Except as otherwise provided in census record of age is not obtainable, §§ 570.9 and 570.10, a certificate of age the sworn statement of the parent or which shall have the effect specified in person standing in place of a parent as § 570.5 shall be issued only upon appli- to the date of birth of the minor, to- cation of the minor desiring employ- gether with a physician’s certificate of ment or of the prospective employer to age as hereinbefore specified, may be the person authorized to issue such cer- accepted as evidence of age. tificate and only after acceptable docu- (b) The officer issuing a certificate of mentary evidence of age has been re- age for a minor shall require the evi- ceived, examined, and approved. Such dence of age specified in paragraph evidence shall consist of one of the fol- (a)(1) of this section in preference to lowing to be required in the order of that specified in paragraphs (a)(2) and preference herein designated: (3) of this section, and shall not accept (1) A birth certificate or attested the evidence of age permitted by either transcript thereof or a signed state- subsequent paragraph unless he shall ment of the recorded date and place of receive and file evidence that reason- birth, issued by a registrar of vital sta- able efforts have been made to obtain

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the preferred evidence required by the withdrawal of the designation of a preceding paragraph or paragraphs be- State under this section shall make fore accepting any subsequently named any certificate invalid if it was issued evidence: Provided, That to avoid undue by or under the supervision of a State delay in the issuance of certificates, agency as herein provided prior to such evidence specified in paragraph (a)(2) of withdrawal. this section may be accepted, or if such evidence is not available, evidence § 570.10 Rules for certificates of age in specified in paragraph (a)(3) of this sec- the State of Alaska and the Terri- tion may be accepted if a verification tory of Guam. of birth has been requested but has not The State of Alaska and the Terri- been received from the appropriate bu- tory of Guam are designated as States reau of vital statistics. in which any of the following docu- ments shall have the same effect as § 570.8 Issuance of a Federal certifi- Federal certificates of age as specified cate of age. in § 570.5: A Federal certificate of age which (a) A birth certificate or attested shall have the effect specified in § 570.5 transcript thereof, or a signed state- shall be issued by a person authorized ment of the recorded date and place of by the Administrator of the Wage and birth issued by a registrar of vital sta- Hour Division and shall be issued in ac- tistics or other officer charged with the cordance with the provisions of §§ 570.6 duty of recording births, or and 570.7. (b) A record of baptism or attested transcript thereof showing the date of § 570.9 States in which State certifi- birth of the minor, or cates of age are accepted. (c) With respect to the State of Alas- (a) The States in which age, employ- ka, a statement on the census records ment, or working certificates or per- of the Bureau of Indian Affairs and mits have been found by the Adminis- signed by an administrative represent- trator to be issued by or under the su- ative thereof showing the name, date of pervision of a State agency substan- birth, and place of birth of the minor. tially in accordance with the provisions of §§ 570.6 and 570.7 and which are § 570.11 Continued acceptability of designated as States in which certifi- certificates of age. cates so issued shall have the force and (a) Whenever a person duly author- effect specified in § 570.5, except as indi- ized to make investigations under this vidual certificates may be revoked in Act shall obtain substantial evidence accordance with § 570.11 of this subpart, that the age of the minor as given on a are: certificate held by an employer subject Alabama, Arkansas, California, Colorado, to this Act is incorrect, he shall inform Connecticut, Delaware, District of Columbia, the employer and the minor of such Florida, Georgia, Hawaii, Illinois, Indiana, evidence and of his intention to request Iowa, Kentucky, Louisiana, Maine, Mary- through the appropriate channels that land, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New action be taken to establish the correct Hampshire, New Jersey, New Mexico, New age of the minor and to determine the York, North Carolina, North Dakota, Ohio, continued acceptability of the certifi- Oklahoma, Oregon, Pennsylvania, Puerto cate as proof of age under the Act. The Rico, Rhode Island, South Dakota, Ten- said authorized person shall request in nessee, Vermont, Virginia, West Virginia, writing through the appropriate chan- Wisconsin and Wyoming. nels that action be taken on the ac- (b) State certificates requiring condi- ceptability of the certificate as proof of tions or restrictions additional to age under the Fair Labor Standards those required by this subpart shall not Act and shall state the evidence of age be deemed to be inconsistent herewith. of the minor which he has obtained and (c) The designation of a State under the reasons for such request. A copy of this section shall have force and effect this request shall be sent to the Ad- indefinitely unless withdrawal of such ministrator of the Wage and Hour Divi- designation is deemed desirable for the sion for further handling through the effective administration of the Act. No State agency responsible for the

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issuance of certificates, except that in schooling or with their health and those States where Federal certificates well-being and shall not be deemed to of age are issued, action necessary to be oppressive child labor. establish the correct age of the minor [75 FR 28448, May 20, 2010] and to revoke the certificate if it is found that the minor is under age shall § 570.32 Effect of this subpart. be taken by the Administrator of the Wage and Hour Division or his des- This subpart concerns the employ- ignated representative. ment of youth between 14 and 16 years (b) The Administrator shall have of age in nonagricultural occupations; final authority in those States in standards for the employment of mi- which State certificates are accepted nors in agricultural occupations are de- as proof of age under the Act for deter- tailed in subpart E–1. The employment mining the continued acceptability of (including suffering or permitting to the certificate, and shall have final au- work) by an employer of minors 14 and thority for such determination in those 15 years of age in occupations detailed States in which Federal certificates of in § 570.34, for the periods and under the age are issued. When such determina- conditions specified in § 570.35, shall not tion has been made in any case, notice be deemed to be oppressive child labor thereof shall be given to the employer within the meaning of the Fair Labor and the minor. In those cases involving Standards Act of 1938, as amended. Em- the continued acceptability of State ployment that is not specifically per- certificates, the appropriate State mitted is prohibited. agency and the official who issued the [75 FR 28448, May 20, 2010] certificate shall also be notified. § 570.33 Occupations that are prohib- § 570.12 Revoked certificates of age. ited to minors 14 and 15 years of A certificate which has been revoked age. as proof of age under the Act shall be The following occupations, which is of no force and effect under the Act not an exhaustive list, constitute op- after notice of such revocation. pressive child labor within the meaning of the Fair Labor Standards Act when PROVISIONS OF OTHER LAWS performed by minors who are 14 and 15 § 570.25 Effect on laws other than the years of age: Federal child labor standards. (a) Manufacturing, mining, or processing occupations, including occupa- No provision of this subpart shall tions requiring the performance of any under any circumstances justify or be duties in work rooms or work places construed to permit noncompliance where goods are manufactured, mined with the provisions of any other Fed- or otherwise processed, except as per- eral law or of any State law or munic- mitted in § 570.34 of this subpart. ipal ordinance establishing higher (b) Occupations that the Secretary of standards than those established under Labor may, pursuant to section 3(l) of this subpart. the Fair Labor Standards Act, find and declare to be hazardous for the employ- Subpart C—Employment of Minors ment of minors between 16 and 18 years Between 14 and 16 Years of of age or detrimental to their health or Age (Child Labor Reg. 3) well-being. (c) Occupations that involve oper- AUTHORITY: 29 U.S.C. 203(l), 212, 213(c). ating, tending, setting up, adjusting, cleaning, oiling, or repairing hoisting § 570.31 Secretary’s determinations apparatus. concerning the employment of mi- (d) Work performed in or about boiler nors 14 and 15 years of age. or engine rooms or in connection with The employment of minors between the maintenance or repair of the estab- 14 and 16 years of age in the occupa- lishment, machines, or equipment. tions, for the periods, and under the (e) Occupations that involve oper- conditions specified in § 570.34 and ating, tending, setting up, adjusting, § 570.35, does not interfere with their cleaning, oiling, or repairing any

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power-driven machinery, including but tract potential customers, except when not limited to lawn mowers, golf carts, performed inside of, or directly in front all-terrain vehicles, trimmers, cutters, of, the employer’s establishment pro- weed-eaters, edgers, food slicers, food viding the product, service, or event grinders, food choppers, food proc- being advertised. This provision does essors, food cutters, and food mixers. not prohibit a young salesperson from Youth 14 and 15 years of age may, how- conducting sales for his or her em- ever, operate office equipment pursu- ployer on property controlled by the ant to § 570.34(a) and vacuum cleaners employer that is out of doors but may and floor waxers pursuant to § 570.34(h). properly be considered part of the em- (f) The operation of motor vehicles; ployer’s establishment. Youth may the service as helpers on such vehicles conduct sales in such employer exte- except those tasks permitted by rior facilities, whether temporary or § 570.34(k); and the riding on a motor permanent, as garden centers, sidewalk vehicle, inside or outside of an enclosed sales, and parking lot sales, when em- passenger compartment, except as per- ployed by that establishment. Youth mitted by § 570.34(o). peddling does not include the activities (g) Outside window washing that in- of persons who, as volunteers and with- volves working from window sills, and out compensation, sell goods or serv- all work requiring the use of ladders, ices on behalf of eleemosynary organi- scaffolds, or their substitutes. zations or public agencies. (h) All baking and cooking activities (k) Loading and unloading of goods except that cooking which is permitted or property onto or from motor vehi- by § 570.34(c). cles, railroad cars, or conveyors, except (i) Work in freezers and meat coolers the loading and unloading of personal and all work in the preparation of non-power-driven hand tools, personal meats for sale except as permitted by protective equipment, and personal § 570.34(j). This section, however, does items to and from motor vehicles as not prohibit the employment of 14- and permitted by § 570.34(k). 15-year-olds whose duties require them (l) Catching and cooping of poultry in to occasionally enter freezers only mo- preparation for transport or for mar- mentarily to retrieve items as per- ket. mitted by § 570.34(i). (m) Public messenger service. (j) Youth peddling, which entails the (n) Occupations in connection with: selling of goods or services to cus- (1) Transportation of persons or prop- tomers at locations other than the erty by rail, highway, air, water, pipe- youth-employer’s establishment, such line, or other means; as the customers’ residences or places (2) Warehousing and storage; of business, or public places such as (3) Communications and public utili- street corners and public transpor- ties; tation stations. Prohibited activities (4) Construction (including demoli- associated with youth peddling not tion and repair); except such office only include the attempt to make a work (including ticket office) or sales sale or the actual consummation of a work in connection with paragraphs sale, but also the preparatory and con- (n)(1), (2), (3), and (4) of this section, as cluding tasks normally performed by a does not involve the performance of youth peddler in conjunction with his any duties on trains, motor vehicles, or her sales such as the loading and un- aircraft, vessels, or other media of loading of vans or other motor vehi- transportation or at the actual site of cles, the stocking and restocking of construction operations. sales kits and trays, the exchanging of [75 FR 28448, May 20, 2010] cash and checks with the employer, and the transportation of minors to § 570.34 Occupations that may be per- and from the various sales areas by the formed by minors 14 and 15 years employer. Prohibited youth peddling of age. also includes such promotion activities This subpart authorizes only the fol- as the holding, wearing, or waving of lowing occupations in which the em- signs, merchandise, costumes, sand- ployment of minors 14 and 15 years of wich boards, or placards in order to at- age is permitted when performed for

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periods and under conditions author- dumbwaiters, popcorn poppers, milk ized by § 570.35 and not involving occu- shake blenders, coffee grinders, auto- pations prohibited by § 570.33 or per- matic coffee machines, devices used to formed in areas or industries prohib- maintain the temperature of prepared ited by § 570.33. foods (such as warmers, steam tables, (a) Office and clerical work, includ- and heat lamps), and microwave ovens ing the operation of office machines. that are used only to warm prepared (b) Work of an intellectual or artis- food and do not have the capacity to tically creative nature such as, but not warm above 140 °F. Minors are per- limited to, computer programming, the mitted to clean kitchen equipment writing of software, teaching or per- (not otherwise prohibited), remove oil forming as a tutor, serving as a peer or grease filters, pour oil or grease counselor or teacher’s assistant, sing- through filters, and move receptacles ing, the playing of a musical instru- containing hot grease or hot oil, but ment, and drawing, as long as such em- only when the equipment, surfaces, ployment complies with all the other containers and liquids do not exceed a provisions contained in §§ 570.33, 570.34, temperature of 100 °F. Minors are also and 570.35. Artistically creative work is limited to work in a recognized field of permitted to occasionally enter freez- artistic or creative endeavor. ers momentarily to retrieve items in (c) Cooking with electric or gas grills conjunction with restocking or food which does not involve cooking over an preparation. open flame (Note: This provision does (j) Cleaning vegetables and fruits, not authorize cooking with equipment and the wrapping, sealing, labeling, such as rotisseries, broilers, pressur- weighing, pricing, and stocking of ized equipment including fryolators, items, including vegetables, fruits, and and cooking devices that operate at ex- meats, when performed in areas phys- tremely high temperatures such as ically separate from a freezer or meat ‘‘Neico broilers’’). Cooking is also per- cooler. mitted with deep fryers that are (k) The loading onto motor vehicles equipped with and utilize a device and the unloading from motor vehicles which automatically lowers the bas- of the light, non-power-driven, hand kets into the hot oil or grease and tools and personal protective equip- automatically raises the baskets from ment that the minor will use as part of the hot oil or grease. his or her employment at the work (d) Cashiering, selling, modeling, art site; and the loading onto motor vehi- work, work in advertising depart- cles and the unloading from motor ve- ments, window trimming, and com- hicles of personal items such as a back parative shopping. pack, a lunch box, or a coat that the (e) Price marking and tagging by minor is permitted to take to the work hand or machine, assembling orders, site. Such light tools would include, packing, and shelving. but are not limited to, rakes, hand-held (f) Bagging and carrying out cus- clippers, shovels, and brooms. Such tomers’ orders. light tools would not include items like (g) Errand and delivery work by foot, trash, sales kits, promotion items or bicycle, and public transportation. (h) Clean up work, including the use items for sale, lawn mowers, or other of vacuum cleaners and floor waxers, power-driven lawn maintenance equip- and the maintenance of grounds, but ment. Such minors would not be per- not including the use of power-driven mitted to load or unload safety equip- mowers, cutters, trimmers, edgers, or ment such as barriers, cones, or sign- similar equipment. age. (i) Kitchen work and other work in- (l)(1) Lifeguard. The employment of volved in preparing and serving food 15-year-olds (but not 14-year-olds) to and beverages, including operating ma- perform permitted lifeguard duties at chines and devices used in performing traditional swimming pools and water such work. Examples of permitted ma- amusement parks (including such chines and devices include, but are not water park facilities as wave pools, limited to, dishwashers, toasters, lazy rivers, specialized activity areas

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that may include water falls and sprin- stationed at the ‘‘splashdown pools’’ lo- kler areas, and baby pools; but not in- cated at the bottom of the elevated cluding the elevated areas of power- water slides to perform those per- driven water slides) when such youth mitted duties listed in this subsection. have been trained and certified by the Traditional swimming pool means a American Red Cross, or a similar certi- water tight structure of concrete, ma- fying organization, in aquatics and sonry, or other approved materials lo- water safety. cated either indoors or outdoors, used (2) Definitions. As used in this para- for bathing or swimming and filled graph (l): with a filtered and disinfected water Permitted lifeguard duties include the supply, together with buildings, appur- rescuing of swimmers in danger of tenances and equipment used in con- drowning, the monitoring of activities nection therewith, excluding elevated at poolside to prevent accidents, the ‘‘water slides.’’ Not included in the def- teaching of water safety, and providing inition of a traditional swimming pool assistance to patrons. Lifeguards may would be such natural environment also help to maintain order and clean- swimming facilities as rivers, streams, liness in the pool and pool areas, give lakes, ponds, quarries, reservoirs, swimming instructions (if, in addition wharfs, piers, canals, or oceanside to being certified as a lifeguard, the 15- beaches. year-old is also properly certified as a Water amusement park means an es- swimming instructor by the American tablishment that not only encompasses Red Cross or some other recognized the features of a traditional swimming certifying organization), conduct or of- pool, but may also include such addi- ficiate at swimming meets, and admin- tional attractions as wave pools; lazy ister first aid. Additional lifeguard du- rivers; specialized activities areas such ties may include checking in and out as baby pools, water falls, and sprin- items such as towels and personal klers; and elevated water slides. Not items such as rings, watches and ap- included in the definition of a water parel. Permitted duties for 15-year-olds amusement park would be such natural include the use of a ladder to access environment swimming facilities as and descend from the lifeguard chair; rivers, streams, lakes, reservoirs, the use of hand tools to clean the pool wharfs, piers, canals, or oceanside and pool area; and the testing and re- beaches. cording of water quality for tempera- (m)(1) Employment inside and outside ture and/or pH levels, using all of the of places of business where machinery is tools of the testing process including used to process wood products. The em- adding chemicals to the test water ployment of a 14- or 15-year-old who by sample. Fifteen-year-olds employed as statute or judicial order is exempt lifeguards are, however, prohibited from compulsory school attendance be- from entering or working in any me- yond the eighth grade inside or outside chanical room or chemical storage places of business where machinery is areas, including any areas where the used to process wood products if: filtration and chlorinating systems are (i) The youth is supervised by an housed. The term permitted lifeguard adult relative of the youth or is super- duties does not include the operation vised by an adult member of the same or tending of power-driven equipment religious sect or division as the youth; including power-driven elevated water (ii) The youth does not operate or as- slides often found at water amusement sist in the operation of power-driven parks and some swimming pools. Mi- woodworking machines; nors under 16 years of age may not be (iii) The youth is protected from employed as dispatchers or attendants wood particles or other flying debris at the top of elevated water slides per- within the workplace by a barrier ap- forming such tasks as maintaining propriate to the potential hazard of order, directing patrons as to when to such wood particles or flying debris or depart the top of the slide, and ensur- by maintaining a sufficient distance ing that patrons have begun their from machinery in operation; and ‘‘ride’’ safely. Properly certified 15- (iv) The youth is required to use, and year-old lifeguards may, however, be uses, personal protective equipment to

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prevent exposure to excessive levels of wire stitching, fastening or otherwise noise and saw dust. assembling, pressing, or printing wood, (2) Compliance. Compliance with the veneer, trees, logs, or lumber. provisions of paragraphs (m)(1)(iii) and Supervised by an adult relative or is su- (m)(1)(iv) of this section will be accom- pervised by an adult member of the same plished when the employer is in com- religious sect or division as the youth has pliance with the requirements of the several components. Supervised means applicable governing standards issued that the youth’s on-the-job activities by the U.S. Department of Labor’s Oc- must be directed, monitored, overseen, cupational Safety and Health Adminis- and controlled by certain named tration (OSHA) or, in those areas adults. Such supervision must be close, where OSHA has authorized the state direct, constant, and uninterrupted. An to operate its own Occupational Safety adult shall mean an individual who is and Health Plan, the applicable stand- at least eighteen years of age. A rel- ards issued by the Office charged with ative shall mean the parent (or some- administering the State Occupational one standing in the place of a parent), Safety and Health Plan. The employ- grandparent, sibling, uncle, or aunt of ment of youth under this section must the young worker. A member of the same comply with the other sections of this religious sect or division as the youth re- subpart, including the hours and time fers to an individual who professes of day standards established by § 570.35. membership in the same religious sect (3) As used in this para- Definitions. or division to which the youth pro- graph (m): fesses membership. Inside or outside places of business (n) Work in connection with cars and shall mean the actual physical location of the establishment employing the trucks if confined to the following: dis- youth, including the buildings and sur- pensing gasoline and oil; courtesy serv- rounding land necessary to the busi- ice; car cleaning, washing and ness operations of that establishment. polishing by hand; and other occupa- Operate or assist in the operation of tions permitted by this section, but not power-driven woodworking machines including work involving the use of shall mean the operating of such ma- pits, racks, or lifting apparatus, or in- chines, including supervising or con- volving the inflation of any tire trolling the operation of such ma- mounted on a rim equipped with a re- chines, feeding material into such ma- movable retaining ring. chines, helping the operator feed mate- (o) Work in connection with riding rial into such machines, unloading ma- inside passenger compartments of terials from such machines, and help- motor vehicles except as prohibited by ing the operator unload materials from § 570.33(f) or § 570.33(j), or when a signifi- such machines. The term also includes cant reason for the minor being a pas- the occupations of setting-up, adjust- senger in the vehicle is for the purpose ing, repairing, oiling, or cleaning such of performing work in connection with machines. the transporting—or assisting in the Places of business where machinery is transporting of—other persons or prop- used to process wood products shall mean erty. The transportation of the persons such permanent workplaces as saw- or property does not have to be the pri- mills, lath mills, shingle mills, coop- mary reason for the trip for this excep- erage stock mills, furniture and cabi- tion to apply. Each minor riding as a net making shops, gazebo and shed passenger in a motor vehicle must have making shops, toy manufacturing his or her own seat in the passenger shops, and pallet shops. The term shall compartment; each seat must be not include construction sites, portable equipped with a seat belt or similar re- sawmills, areas where logging is being straining device; and the employer performed, or mining operations. must instruct the minors that such Power-driven woodworking machines belts or other devices must be used. In shall mean all fixed or portable ma- addition, each driver transporting the chines or tools driven by power and young workers must hold a State driv- used or designed for cutting, shaping, er’s license valid for the type of driving forming, surfacing, nailing, stapling, involved and, if the driver is under the

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age of 18, his or her employment must from the hours limitations standards comply with the provisions of § 570.52. listed in paragraphs (a)(1), (3), and (5) [75 FR 28448, May 20, 2010] of this section are provided, for any youth 14 or 15 years of age who: § 570.35 Hours of work and conditions (i) Has graduated from high school; of employment permitted for mi- (ii) Has been excused from compul- nors 14 and 15 years of age. sory school attendance by the state or (a) Hours standards. Except as pro- other jurisdiction once he or she has vided in paragraph (c) of this section, completed the eighth grade and his or employment in any of the permissible her employment complies with all the occupations to which this subpart is requirements of the state school at- applicable shall be confined to the fol- tendance law; lowing periods: (iii) Has a child to support and appro- (1) Outside of school hours; priate state officers, pursuant to state (2) Not more than 40 hours in any 1 law, have waived school attendance re- week when school is not in session; quirements for this minor; (3) Not more than 18 hours in any 1 (iv) Is subject to an order of a state week when school is in session; or federal court prohibiting him or her (4) Not more than 8 hours in any 1 from attending school; or day when school is not in session; (v) Has been permanently expelled (5) Not more than 3 hours in any 1 from the local public school he or she day when school is in session, including would normally attend, unless the Fridays; youth is required, by state or local law (6) Between 7 a.m. and 7 p.m. in any or ordinance, or by court order, to at- 1 day, except during the summer (June tend another school. 1 through Labor Day) when the evening hour will be 9 p.m. (2) In the case of minors 14 and 15 (b) Definitions. As used in this sec- years of age who are employed to per- tion: form sports-attending services at pro- Outside school hours means such peri- fessional sporting events, i.e., baseball, ods as before and after school hours, basketball, football, soccer, tennis, holidays, summer vacations, weekends, etc., the requirements of paragraphs and any other day or part of a day (a)(2) through (a)(6) of this section when school is not in session as deter- shall not apply, provided that the du- mined by the local public school dis- ties of the sports-attendant occupation trict in which the minor resides when consist of pre- and post-game or prac- employed. Summer school sessions, tice setup of balls, items and equip- held in addition to the regularly sched- ment; supplying and retrieving balls, uled school year, are considered to be items and equipment during a sporting outside of school hours. event; clearing the field or court of de- School hours refers to the hours that bris, moisture, etc., during play; pro- the local public school district where viding ice, drinks, towels, etc., to play- the minor resides while employed is in ers during play; running errands for session during the regularly scheduled trainers, managers, coaches, and play- school year. ers before, during, and after a sporting Week means a fixed and regularly re- event; and returning and/or storing curring period of 168 hours—seven con- balls, items and equipment in club secutive 24-hour periods—that is iden- house or locker room after a sporting tical to the workweek the employer es- event. For purposes of this exception, tablishes for the employee under impermissible duties include grounds § 778.105 of this title. or field maintenance such as grass Week when school is in session refers to mowing, spreading or rolling tarpau- any week the local public school dis- lins used to cover playing areas, etc.; trict where the minor resides while em- cleaning and repairing equipment; ployed is in session and students are cleaning locker rooms, showers, lava- required to attend for at least one day tories, rest rooms, team vehicles, club or partial day. houses, dugouts or similar facilities; (c) Exceptions. (1) School is not con- loading and unloading balls, items and sidered to be in session, and exceptions equipment from team vehicles before

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and after a sporting event; doing laun- Hour Division shall approve the appli- dry; and working in concession stands cation, or give prompt notice of any de- or other selling and promotional ac- nial and the reasons therefor. tivities. (3) The criteria to be used in consid- (3) Exceptions from certain of the eration of applications are the fol- hours standards contained in para- lowing: graphs (a)(1) and (a)(3) of this section (i) Eligibility. Any student aged 14 or are provided for the employment of mi- 15 years who authoritative local school nors who are enrolled in and employed personnel identify as being able to ben- pursuant to a school-supervised work- efit from the program shall be eligible experience and career exploration pro- to participate. gram as detailed in § 570.36. (ii) Credits. Students shall receive (4) Exceptions from certain of the school credits for both in-school re- hours standards contained in para- lated instruction and on-the-job experi- graphs (a)(1) and (a)(5) of this section are provided for the employment of mi- ence. nors who are participating in a work- (iii) Size. Each program unit shall be study program designed as described in a reasonable size. A unit of 12 to 25 stu- § 570.37. dents to one teacher-coordinator would be generally considered reasonable. [75 FR 28448, May 20, 2010] Whether other sizes are reasonable would depend upon the individual facts § 570.36 Work experience and career exploration program. and circumstances involved. (iv) Instructional schedule. There shall (a) This section varies some provi- be (a) allotted time for the required sions of this subpart for the employ- classroom instruction in those subjects ment of minors between 14 and 16 years necessary for graduation under the of age who are enrolled in and em- State’s standards and (b) regularly ployed pursuant to a school-supervised and school-administered work-experi- scheduled classroom periods of instruc- ence and career exploration program tion devoted to job-related and to em- which meets the requirements of para- ployability skill instruction. graph (b) of this section, in the occupa- (v) Teacher-coordinator. Each program tions permitted under paragraph (c) of unit shall be under the supervision of a this section, and for the periods and school official to be designated for the under the conditions specified in para- purpose of the program as a teacher-co- graph (d) of this section. With these ordinator, who shall generally super- safeguards, such employment is found vise the program and coordinate the not to interfere with the schooling of work and education aspects of the pro- the minors or with their health and gram and make regularly scheduled well-being and therefore is not deemed visits to the work stations. to be oppressive child labor. (vi) Written training agreement. No (b)(1) A school-supervised and school- student shall participate in the pro- administered work-experience and ca- gram until there has been made a writ- reer exploration program shall meet ten training agreement signed by the the educational standards established teacher-coordinator, the employer, and and approved by the State Educational the student. The agreement shall also Agency in the respective State. be signed or otherwise consented to by (2) The State Educational Agency the student’s parent or guardian. shall file with the Administrator of the (vii) Other provisions. Any other pro- Wage and Hour Division a letter of ap- visions of the program providing safe- plication for approval of a State pro- guards ensuring that the employment gram as one not interfering with permitted under this section will not schooling or with the health and well- interfere with the schooling of the mi- being of the minors involved and there- nors or with their health and well- fore not constituting oppressive child being may also be submitted for use in labor. The application must include in- consideration of the application. formation concerning the criteria list- (4) Every State Educational Agency ed in paragraph (b)(3) of this section. having students in a program approved The Administrator of the Wage and pursuant to the requirements of this

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section shall comply with the fol- in the application filed by the State lowing: Educational Agency, and/or any supple- (i) Permissible occupations. No student mental information that may be re- shall be assigned to work in any occu- quested by the Administrator. pation other than one permitted under (ii) The Administrator’s decision paragraph (c) of this section. shall be in writing, and may designate (ii) Records and reports. The names specific equipment safeguards or other and addresses of each school enrolling terms and conditions governing the work experience and career exploration work-activity approved by variation. If program students and the number of the request is denied, in whole or part, enrollees in each unit shall be kept at the reason(s) for the decision will be the State Educational Agency office. A provided to the applicant, who may re- copy of the written training agreement quest reconsideration. for each student participating in the (iii) A special variation will be valid program shall be kept in the State only during the period covered by an Educational Agency office or in the approved program, and must be re- local educational office. The records newed with the filing of a new program required for this paragraph shall be application. kept for a period of 3 years from the (iv) The Administrator shall revoke date of enrollment in the program and or deny a special variation, in whole or shall be made available for inspection in part, where there is reason to be- or transcription to the representatives lieve that program participants have of the Administrator of the Wage and been or will be employed contrary to Hour Division. terms and conditions specified for the (c) Employment of minors enrolled in variation, or these regulations, other a program approved pursuant to the re- provisions of the Fair Labor Standards quirements of this section shall be per- Act, or otherwise in conditions detri- mitted in all occupations except the mental to their health or well-being or following: schooling. (1) Manufacturing and mining. (v) Requests for special variations (2) Occupations declared to be haz- and related documentation will be ardous for the employment of minors available for examination in the between 16 and 18 years of age in sub- Branch of Child Labor and Polygraph part E of this part, and occupations in Standards, Wage and Hour Division, agriculture declared to be hazardous Room S3510, 200 Constitution Avenue, for employment of minors below the NW., Washington, DC 20210. Any inter- age of 16 in subpart E–1 of this part. ested person may oppose the granting (3) Occupations other than those per- of a special variation or may request mitted under § 570.34, except upon ap- reconsideration or revocation of a spe- proval of a variation by the Adminis- cial variation. Such requests shall set trator of the Wage and Hour Division forth reasons why the special variation in acting on the program application of should be denied or revoked. the State Educational Agency. The Ad- (d) Employment of minors enrolled in ministrator shall have discretion to a program approved pursuant to the re- grant requests for special variations if quirements of this section shall be con- the applicant demonstrates that the fined to not more than 23 hours in any activity will be performed under ade- 1 week when school is in session and quate supervision and training (includ- not more than 3 hours in any day when ing safety precautions) and that the school is in session, any portion of terms and conditions of the proposed which may be during school hours. In- employment will not interfere with the sofar as these provisions are incon- health or well-being or schooling of the sistent with the provisions of § 570.35, minor enrolled in an approved pro- this section shall be controlling. gram. The granting of a special vari- (e) The employment of a minor en- ation is determined on a case-by-case rolled in a program pursuant to the re- basis. quirements of this section must not (i) The Administrator’s decision on have the effect of displacing a worker whether to grant a special variation employed in the establishment of the will be based on information provided employer.

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(f) Programs shall be in force and ef- section. The Administrator of the Wage fect for a period of two (2) school years and Hour Division shall approve the ap- from the date of their approval by the plication, or give prompt notice of any Administrator of the Wage and Hour denial and the reasons therefor. Division. A new application for ap- (3) The criteria to be used in consid- proval must be filed at the end of that eration of applications under this sec- period. Failure to meet the require- tion are the following: ments of this section may result in (i) Eligibility. Any student 14 or 15 withdrawal of approval. years of age, enrolled in a college preparatory curriculum, whom authori- (The information collection requirements contained in paragraphs (b)(3)(vi) and (4) tative personnel from the school at- were approved by the Office of Management tended by the youth identify as being and Budget under control number 1235–0018) able to benefit from the program shall be able to participate. [40 FR 40801, Sept. 4, 1975; 40 FR 44130, Sept. 25, 1975; 47 FR 145, Jan. 5, 1982; 47 FR 28095, (ii) Instructional schedule. Every June 29, 1982, as amended at 49 FR 18294, Apr. youth shall receive, every school year 30, 1984; 60 FR 19339, Apr. 17, 1995. Redesig- he or she participates in the work- nated and amended at 75 FR 28452, May 20, study program, at least the minimum 2010; 82 FR 2229, Jan. 9, 2017] number of hours of classroom instruction, as required by the State Edu- § 570.37 Work-study program. cational Agency responsible for estab- (a) This section varies the provisions lishing such standards, to complete a contained in § 570.35(a)(1) and (a)(5) for fully-accredited college preparatory the employment of minors 14 and 15 curriculum. Such classroom instruc- years of age who are enrolled in and tion shall include, every year the employed pursuant to a school-super- youth participates in the work-study vised and school-administered work- program, training in workplace safety study program that meets the require- and state and federal child labor provi- ments of paragraph (b) of this section, sions and rules. in the occupations permitted by (iii) Teacher-coordinator. Each school § 570.34, and for the periods and under participating in a work-study program the conditions specified in paragraph shall designate a teacher-coordinator (c) of this section. With these safe- under whose supervision the program guards, such employment is found not will operate. The teacher-coordinator to interfere with the schooling of the shall generally supervise and coordi- minors or with their health and well- nate the work and educational aspects being and therefore is not deemed to be of the program and make regularly oppressive child labor. scheduled visits to the workplaces of (b)(1) A school-supervised and school- the participating students to confirm administered work-study program shall that minors participating in the work- meet the educational standards estab- study program are employed in compli- lished and approved by the State Edu- ance with all applicable provisions of cational Agency in the respective this part and section 6 of the Fair state. Labor Standards Act. Such confirma- (2) The superintendent of the public tion shall be noted in any letters of ap- or private school system supervising plication filed by the superintendent of and administering the work-study pro- the public or private school system in gram shall file with the Administrator accordance with paragraph (b)(2) of of the Wage and Hour Division a letter this section when seeking continuance of application for approval of the work- of its work-study program. study program as one not interfering (iv) Written participation agreement. with schooling or with the health and No student shall participate in the well-being of the minors involved and work-study program until there has therefore not constituting oppressive been made a written agreement signed child labor. The application shall be by the teacher-coordinator, the em- filed at least sixty days before the ployer, and the student. The agreement start of the school year and must in- shall also be signed or otherwise con- clude information concerning the cri- sented to by the student’s parent or teria listed in paragraph (b)(3) of this guardian. The agreement shall detail

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the objectives of the work-study pro- formula that is based upon a contin- gram; describe the specific job duties uous four-week cycle. In three of the to be performed by the participating four weeks, the participant is per- minor as well as the number of hours mitted to work during school hours on and times of day that the minor will be only one day per week, and for no more employed each week; affirm that the than for eight hours on that day. Dur- participant will receive the minimum ing the remaining week of the four- number of hours of class-room instruc- week cycle, such minor is permitted to tion as required by the State Edu- work during school hours on no more cational Agency for the completion of than two days, and for no more than a fully-accredited college preparatory for eight hours on each of those two curriculum; and affirm that the em- days. The employment of such minors ployment of the minor will be in com- would still be subject to the time of pliance with the child labor provisions day and number of hours standards of both this part and the laws of the contained in §§ 570.35(a)(2), (a)(3), (a)(4), state where the work will be per- and (a)(6). To the extent that these pro- formed, and the applicable minimum visions are inconsistent with the provi- wage provisions contained in section 6 sions of § 570.35, this section shall be of the FLSA. controlling. (v) Other provisions. Any other provi- (d) Programs shall be in force and ef- sions of the program providing safe- fect for a period to be determined by guards ensuring that the employment the Administrator of the Wage and permitted under this section will not Hour Division, but in no case shall be interfere with the schooling of the mi- in effect for longer than two school nors or with their health and well- years from the date of their approval being may also be submitted for use in by the Administrator of the Wage and considering the application. Hour Division. A new application for (4) Every public or private school dis- approval must be filed at the end of trict having students in a work-study that period. Failure to meet the re- program approved pursuant to these requirements of this section may result quirements, and every employer em- in withdrawal of the approval. ploying students in a work-study pro- (The information collection requirements gram approved pursuant to these re- contained in § 570.37 were approved by the Of- quirements, shall comply with the fol- fice of Management and Budget under con- lowing: trol number 1235–0018) (i) Permissible occupations. No student [75 FR 28452, May 20, 2010, as amended at 82 shall be assigned to work in any occu- FR 2229, Jan. 9, 2017] pation other than one permitted under § 570.34. § 570.38 Effect of a certificate of age (ii) Records and reports. A copy of the under this subpart. written agreement for each student The employment of any minor in any participating in the work-study proof the occupations to which this sub- gram shall be kept by both the em- part is applicable, if confined to the pe- ployer and the school supervising and riods specified in § 570.35, shall not be administering the program for a period deemed to constitute oppressive child of three years from the date of the stu- labor within the meaning of the act if dent’s enrollment in the program. Such the employer shall have on file an un- agreements shall be made available expired certificate, issued in substan- upon request to the representatives of tially the same manner as that pro- the Administrator of the Wage and vided for the issuance of certificates in Hour Division for inspection, tran- subpart A of this part relating to cer- scription, and/or photocopying. tificates of age, certifying that such (c) Employment of minors enrolled in minor is of an age between 14 and 16 a program approved pursuant to the re- years. quirements of this section shall be con- [16 FR 7008, July 20, 1951. Redesignated at 27 fined to not more than 18 hours in any FR 4165, May 2, 1962, and 28 FR 1634, Feb. 21, one week when school is in session, a 1963. Redesignated and amended at 36 FR portion of which may be during school 25156, Dec. 29, 1971. Redesignated at 75 FR hours, in accordance with the following 28452, May 20, 2010]

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§ 570.39 Effect of this subpart on other ship and Training of the United States laws. Department of Labor as employed in No provision of this subpart shall accordance with the standards estab- under any circumstances justify or be lished by that Bureau, or is registered construed to permit noncompliance by a State agency as employed in ac- with the wage and hour provisions of cordance with the standards of the the act or with the provisions of any State apprenticeship agency recognized other Federal law or of any State law by the Bureau of Apprenticeship and or municipal ordinance establishing Training, or is employed under a writ- higher standards than those estab- ten apprenticeship agreement and con- lished under this subpart. ditions which are found by the Sec- retary of labor to conform substan- [16 FR 7008, July 20, 1951. Redesignated at 27 tially with such Federal or State FR 4165, May 2, 1962, and 28 FR 1634, Feb. 21, standards. 1963. Redesignated and amended at 36 FR (c) Student-learners. Some sections in 25156, Dec. 29, 1971. Redesignated at 75 FR 28452, May 20, 2010] this subpart contain an exemption for the employment of student-learners. Such an exemption shall apply when: Subpart D [Reserved] (1) The student-learner is enrolled in a course of study and training in a co- Subpart E—Occupations Particu- operative vocational training program larly Hazardous for the Em- under a recognized State or local edu- ployment of Minors Between cational authority or in a course of 16 and 18 Years of Age or study in a substantially similar pro- Detrimental to Their Health or gram conducted by a private school Well-Being and; (2) Such student-learner is employed under a written agreement which pro- AUTHORITY: 29 U.S.C. 203(l), 212, 213(c). vides: NOTE: The provisions of this subpart de- (i) That the work of the student- claring certain occupations to be particularly hazardous for the employment of mi- learner in the occupations declared nors between 16 and 18 years of age or detri- particularly hazardous shall be inci- mental to their health or well-being do not dental to his training; apply to employment in agriculture. (ii) That such work shall be intermittent and for short periods of time, and § 570.50 General. under the direct and close supervision (a) Higher standards. Nothing in this of a qualified and experienced person; subpart shall authorize non-compliance (iii) That safety instructions shall be with any Federal or State law, regula- given by the school and correlated by tion, or municipal ordinance estab- the employer with on-the-job training; lishing a higher standard. If more than and one standard within this subpart ap- (iv) That a schedule of organized and plies to a single activity the higher progressive work processes to be per- standard shall be applicable. formed on the job shall have been pre- (b) Apprentices. Some sections in this pared. subpart contain an exemption for the Each such written agreement shall employment of apprentices. Such an contain the name of student-learner, exemption shall apply only when: (1) and shall be signed by the employer The apprentice is employed in a craft and the school coordinator or prin- recognized as an apprenticeable trade; cipal. Copies of each agreement shall (2) the work of the apprentice in the be kept on file by both the school and occupations declared particularly haz- the employer. This exemption for the ardous is incidental to his training; (3) employment of student-learners may such work is intermittent and for short be revoked in any individual situation periods of time and is under the direct where it is found that reasonable pre- and close supervision of a journeyman cautions have not been observed for the as a necessary part of such apprentice safety of minors employed thereunder. training; and (4) the apprentice is reg- A high school graduate may be em- istered by the Bureau of Apprentice- ployed in an occupation in which he

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has completed training as provided in (iv) All occupations involved in the this paragraph as a student-learner, plate loading of cartridges and in the even though he is not yet 18 years of operation of automatic loading ma- age. chines. [28 FR 3449, Apr. 9, 1963, as amended at 33 FR (v) All occupations involved in the 12777, Sept. 10, 1968. Redesignated and loading, inspecting, packing, shipping amended at 36 FR 25156, Dec. 29, 1971] and storage of blasting caps. (b) Definitions. For the purpose of this § 570.51 Occupations in or about section: plants or establishments manufac- (1) The term plant or establishment turing or storing explosives or arti- manufacturing or storing explosives or ar- cles containing explosive components (Order 1). ticles containing explosive component means the land with all the buildings (a) Finding and declaration of fact. The and other structures thereon used in following occupations in or about connection with the manufacturing or plants or establishments manufac- processing or storing of explosives or turing or storing explosives or articles articles containing explosive compo- containing explosive components are nents. particularly hazardous for minors be- (2) The terms explosives and articles tween 16 and 18 years of age or detri- containing explosive components mean mental to their health or well-being: and include ammunition, black powder, (1) All occupations in or about any blasting caps, fireworks, high explo- plant or establishment (other than re- sives, primers, smokeless powder, and tail establishments or plants or estab- explosives and explosive materials as lishments of the type described in para- defined in 18 U.S.C. 841(c)–(f) and the graph (a)(2) of this section) manufac- implementing regulations at 27 CFR turing or storing explosives or articles part 555. The terms include any chem- containing explosive components ex- ical compound, mixture, or device, the cept where the occupation is performed primary or common purpose of which is in a ‘‘nonexplosives area’’ as defined in to function by explosion, as well as all paragraph (b)(3) of this section. goods identified in the most recent list (2) The following occupations in or of explosive materials published by the about any plant or establishment man- Bureau of Alcohol, Tobacco, Firearms, ufacturing or storing small-arms am- and Explosives, Department of Justice. munition not exceeding .60 caliber in This list is not intended to be all-inclu- size, shotgun shells, or blasting caps sive and is updated and published annu- when manufactured or stored in con- ally in the FEDERAL REGISTER pursuant junction with the manufacture of to 18 U.S.C. 841(d). A copy of the most small-arms ammunition: recent version of the list may be found (i) All occupations involved in the through the Bureau of Alcohol, To- manufacturing, mixing, transporting, bacco, Firearms, and Explosives’ Web or handling of explosive compounds in site at http://www.atf.gov. the manufacture of small-arms ammu- (3) An area meeting all of the criteria nition and all other occupations requir- in paragraphs (b)(3) (i) through (iv) of ing the performance of any duties in this section shall be deemed a ‘‘non- the explosives area in which explosive explosives area’’: compounds are manufactured or mixed. (i) None of the work performed in the (ii) All occupations involved in the area involves the handling or use of ex- manufacturing, transporting, or han- plosives; dling of primers and all other occupa- (ii) The area is separated from the ex- tions requiring the performance of any plosives area by a distance not less duties in the same building in which than that prescribed in the American primers are manufactured. Table of Distances for the protection of (iii) All occupations involved in the inhabited buildings; priming of cartridges and all other oc- (iii) The area is separated from the cupations requiring the performance of explosives area by a fence or is other- any duties in the same workroom in wise located so that it constitutes a which rim-fire cartridges are primed. definite designated area; and

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(iv) Satisfactory controls have been (6) The driving performed by the established to prevent employees under minor does not involve more than two 18 years of age within the area from en- trips away from the primary place of tering any area in or about the plant employment in any single day for the which does not meet criteria of para- purpose of delivering goods of the mi- graphs (b)(3) (i) through (iii) of this nor’s employer to a customer (except section. urgent, time-sensitive deliveries which [17 FR 4324, May 13, 1952. Redesignated at 28 are completely banned in paragraph FR 1634, Feb. 21, 1963, and amended at 28 FR (b)(5) of this section; 3449, Apr. 9, 1963. Redesignated and amended (7) The driving performed by the at 36 FR 25156, Dec. 29, 1971; 69 FR 75403, Dec. minor does not involve more than two 16, 2004] trips away from the primary place of employment in any single day for the § 570.52 Occupations of motor-vehicle purpose of transporting passengers driver and outside helper (Order 2). (other than the employees of the em- (a) Findings and declaration of fact. ployer); Except as provided in paragraph (b) of (8) The driving takes place within a this section, the occupations of motor- thirty (30) mile radius of the minor’s vehicle driver and outside helper on place of employment; and, any public road, highway, in or about (9) The driving is only occasional and any mine (including open pit mine or incidental to the employee’s employ- quarry), place where logging or sawmill ment. operations are in progress, or in any (c) Definitions. For the purpose of this excavation of the type identified in section: § 570.68(a) are particularly hazardous for the employment of minors between (1) The term motor vehicle shall mean 16 and 18 years of age. any automobile, truck, truck-tractor, trailer, semitrailer, motorcycle, or (b) Exemption—Incidental and occa- similar vehicle propelled or drawn by sional driving by 17-year-olds. Minors who are at least 17 years of age may mechanical power and designed for use drive automobiles and trucks on public as a means of transportation but shall roadways when all the following cri- not include any vehicle operated exclu- teria are met: sively on rails. (1) The automobile or truck does not (2) The term driver shall mean any in- exceed 6,000 pounds gross vehicle dividual who, in the course of employ- weight, and the vehicle is equipped ment, drives a motor vehicle at any with a seat belt or similar restraining time. device for the driver and for any pas- (3) The term outside helper shall mean sengers and the employer has in- any individual, other than a driver, structed the employee that such belts whose work includes riding on a motor or other devices must be used; vehicle outside the cab for the purpose (2) The driving is restricted to day- of assisting in transporting or deliv- light hours; ering goods. (3) The minor holds a State license (4) The term gross vehicle weight invalid for the type of driving involved in cludes the truck chassis with lubri- the job performed and has no records of cants, water and a full tank or tanks of any moving violations at the time of fuel, plus the weight of the cab or driv- hire; er’s compartment, body and special (4) The minor has successfully com- chassis and body equipment, and pay- pleted a State-approved driver edu- load. cation course; (5) The term occasional and incidental (5) The driving does not involve: the means no more than one-third of an towing of vehicles; route deliveries or employee’s worktime in any workday route sales; the transportation for hire and no more than 20 percent of an em- of property, goods, or passengers; ur- ployee’s worktime in any workweek. gent, time-sensitive deliveries; or the (6) The term urgent, time-sensitive de- transporting at any one time of more liveries means trips which, because of than three passengers, including the such factors as customer satisfaction, employees of the employer; the rapid deterioration of the quality

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or change in temperature of the prod- § 570.54 Forest fire fighting and forest uct, and/or economic incentives, are fire prevention occupations, timber subject to time-lines, schedules, and/or tract occupations, forestry service turn-around times which might impel occupations, logging occupations, the driver to hurry in the completion and occupations in the operation of any sawmill, lath mill, shingle mill, of the delivery. Prohibited trips would or cooperage stock mill (Order 4). include, but are not limited to, the delivery of pizzas and prepared foods to (a) Finding and declarations of fact. the customer; the delivery of materials All occupations in forest fire fighting under a deadline (such as deposits to a and forest fire prevention, in timber bank at closing); and the shuttling of tracts, in forestry services, logging, passengers to and from transportation and the operation of any sawmill, lath depots to meet transport schedules. Ur- mill, shingle mill, or cooperage stock gent, time-sensitive deliveries would not mill are particularly hazardous for the depend on the delivery’s points of ori- employment of minors between 16 and gin and termination, and would include 18 years of age, except the following the delivery of people and things to the when not prohibited by any other sec- employer’s place of business as well as tion of this subpart: from that business to some other loca- (1) Work in offices or in repair or tion. maintenance shops. (2) Work in the construction, oper- [56 FR 58630, Nov. 20, 1991, as amended at 69 ation, repair, or maintenance of living FR 75403, Dec. 16, 2004] and administrative quarters, including logging camps and fire fighting base § 570.53 Coal-mine occupations (Order 3). camps. (3) Work in the repair or mainte- (a) Finding and declaration of fact. All nance of roads, railroads or flumes and occupations in or about any coal mine, work in construction and maintenance except the occupation of slate or other of telephone lines, but only if the mi- refuse picking at a picking table or nors are not engaged in the operation picking chute in a tipple or breaker of power-driven machinery, the han- and occupations requiring the perform- dling or use of explosives, the felling or ance of duties solely in offices or in re- bucking of timber, the collecting or pair or maintenance shops located in transporting of logs, or work on tres- the surface part of any coal-mining tles. plant, are particularly hazardous for (4) The following tasks in forest fire the employment of minors between 16 prevention provided none of these tasks and 18 years of age. may be performed in conjunction with (b) Definitions. For the purpose of this or in support of efforts to extinguish a section: forest fire: the clearing of fire trails or (1) The term coal shall mean any roads; the construction, maintenance, rank of coal including lignite, bitu- and patrolling of fire lines; the piling minous, and the anthracite coals. and burning of slash; the maintaining (2) The term all occupations in or of fire fighting equipment; and acting about any coal mine shall mean all as a fire lookout or fire patrolman. types of work performed in any under- (5) Work related to forest marketing ground working, open-pit, or surface and forest economics when performed part of any coal-mining plant, that away from the forest. contribute to the extraction, grading, (6) Work in the feeding or care of ani- cleaning, or other handling of coal. mals. [16 FR 7008, July 20, 1951. Redesignated at 28 (7) Peeling of fence posts, pulpwood, FR 1634, Feb. 21, 1963, and amended at 28 FR chemical wood, excelsior wood, cord- 3449, Apr. 9, 1963. Redesignated and amended wood, or similar products, when not at 36 FR 25156, Dec. 29, 1971] done in conjunction with and at the same time and place as other logging occupations declared hazardous by this section.

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(8) The following additional excep- unloading goods or property onto or tions apply to the operation of a per- from motor vehicles, railroad cars, or manent sawmill or the operation of conveyors by § 570.33(k) of this part. any lath mill, shingle mill, or coop- (b) Definitions. As used in this sec- erage stock mill, but not to a portable tion: sawmill. In addition, the following ex- All occupations in forest fire fighting ceptions do not apply to work which and forest fire prevention shall include entails entering the sawmill building, the controlling and extinguishing of except for those minors whose employ- fires, the wetting down of areas or ex- ment meets the requirements of the tinguishing of spot fires, and the pa- limited exemptions discussed in trolling of burned areas to assure the §§ 570.34(m) and 570.54(c): fire has been extinguished. The term (i) Straightening, marking, or tal- shall also include the following tasks lying lumber on the dry chain or the when performed in conjunction with, or dry drop sorter. in support of, efforts to extinguish a (ii) Pulling lumber from the dry forest fire: the piling and burning of chain, except minors under 16 years of slash; the clearing of fire trails or age may not pull lumber from the dry roads; the construction, maintenance, chain as such youth are prohibited and patrolling of fire lines; acting as a from operating or tending power-driven fire lookout or fire patrolman; and the machinery by § 570.33(e) of this part. maintaining of fire fighting equipment. (iii) Clean-up in the lumberyard. The prohibition concerning the em- (iv) Piling, handling, or shipping of ployment of youth in forest fire fight- cooperage stock in yards or storage ing and fire prevention applies to all sheds other than operating or assisting forest and timber tract locations, log- in the operation of power-driven equip- ging operations, and sawmill oper- ment; except minors under 16 years of ations, including all buildings located age may not perform shipping duties as within such areas. they are prohibited from employment All occupations in forestry services in occupations in connection with the shall mean all work involved in the transportation of property by rail, support of timber production, wood highway, air, water, pipeline, or other technology, forestry economics and means by § 570.33(n)(1) of this part. marketing, and forest protection. The (v) Clerical work in yards or shipping term includes such services as timber sheds, such as done by ordermen, tally- cruising, surveying, or logging-engi- men, and shipping clerks. neering parties; estimating timber; (vi) Clean-up work outside shake and timber valuation; forest pest control; shingle mills, except when the mill is forest fire fighting and forest fire pre- in operation. vention as defined in this section; and (vii) Splitting shakes manually from reforestation. The term shall not in- precut and split blocks with a froe and clude work in forest nurseries, estab- mallet, except inside the mill building lishments primarily engaged in grow- or cover. ing trees for purposes of reforestation. (viii) Packing shakes into bundles The term shall not include the gath- when done in conjunction with split- ering of forest products such as balsam ting shakes manually with a froe and needles, ginseng, huckleberry greens, mallet, except inside the mill building maple sap, moss, Spanish moss, or cover. sphagnum moss, teaberries, and tree (ix) Manual loading of bundles of seeds; the distillation of gum, turpen- shingles or shakes into trucks or rail- tine, and rosin if carried on at the gum road cars, provided that the employer farm; and the extraction of pine gum. has on file a statement from a licensed All occupations in logging shall mean doctor of medicine or osteopathy certi- all work performed in connection with fying the minor capable of performing the felling of timber; the bucking or this work without injury to himself, converting of timber into logs, poles, except minors under 16 years of age piles, ties, bolts, pulpwood, chemical may not load bundles of shingles or wood, excelsior wood, cordwood, fence shakes into trucks or railroad cars as posts, or similar products; the col- they are prohibited from loading and lecting, skidding, yarding, loading,

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transporting and unloading of such Places of business where machinery is products in connection with logging; used to process wood products shall mean the constructing, repairing and main- such permanent workplaces as saw- taining of roads, railroads, flumes, or mills, lath mills, shingle mills, coop- camps used in connection with logging; erage stock mills, furniture and cabi- the moving, installing, rigging, and net making shops, gazebo and shed maintenance of machinery or equip- making shops, toy manufacturing ment used in logging; and other work shops, and pallet shops. The term shall performed in connection with logging. not include construction sites, portable All occupations in the operation of any sawmills, areas where logging is being sawmill, lath mill, shingle mill, or coop- performed, or mining operations. erage-stock mill shall mean all work per- Portable sawmill shall mean a formed in or about any such mill in sawmilling operation where no office connection with storing of logs and or repair or maintenance shop is ordi- bolts; converting logs or bolts into narily maintained, and any lumberyard sawn lumber, lathers, shingles, or coop- operated in conjunction with the saw- erage stock; storing drying, and ship- mill is used only for the temporary ping lumber, laths, shingles, cooperage storage of green lumber. stock, or other products of such mills; Power-driven woodworking machines and other work performed in connec- shall mean all fixed or portable ma- tion with the operation of any sawmill, chines or tools driven by power and lath mill, shingle mill, or cooperage- used or designed for cutting, shaping, stock mill. The term shall not include forming, surfacing, nailing, stapling, work performed in the planing-mill de- wire stitching, fastening or otherwise partment or other remanufacturing de- assembling, pressing or printing wood, partments of any sawmill or remanu- veneer, trees, logs, or lumber. facturing plant not a part of a sawmill. Remanufacturing department shall mean those departments of a sawmill All occupations in timber tracts means where lumber products such as boxes, all work performed in or about estab- lawn furniture, and the like are re- lishments that cultivate, manage or manufactured from previously cut lum- sell standing timber. The term includes ber. The kind of work performed in work performed in timber culture, tim- such departments is similar to that ber tracts, timber-stand improvement, done in planing mill departments in and forest fire fighting and fire preven- that rough lumber is surfaced or made tion. It includes work on tree farms, into other finished products. The term except those tree farm establishments is not intended to denote those oper- that meet the definition of agriculture ations in sawmills where rough lumber contained in 29 U.S.C. 203(f). is cut to dimensions. Inside or outside places of business Supervised by an adult relative or is su- shall mean the actual physical location pervised by an adult member of the same of the establishment employing the religious sect or division as the youth, as youth, including the buildings and sur- a term, has several components. Super- rounding land necessary to the busi- vised refers to the requirement that the ness operations of that establishment. youth’s on-the-job activities be di- Operate or assist in the operation of rected, monitored, and controlled by power-driven woodworking machines in- certain named adults. Such supervision cludes operating such machines, in- must be close, direct, constant and un- cluding supervising or controlling the interrupted. An adult shall mean an in- operation of such machines, feeding dividual who is at least eighteen years material into such machines, helping of age. A relative shall mean the parent the operator feed material into such (or someone standing in place of a par- machines, unloading materials from ent), grandparent, sibling, uncle, or such machines, and helping the oper- aunt of the young worker. A member of ator unload materials from such ma- the same religious sect or division as the chines. The term also includes the oc- youth refers to an individual who pro- cupations of setting-up, adjusting, re- fesses membership in the same reli- pairing, oiling, or cleaning such ma- gious sect or division to which the chines. youth professes membership.

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(c) Exemptions. (1) The provisions con- the operation of such machines, feeding tained in paragraph (a)(8) of this sec- material into such machines, and help- tion that prohibit youth between 16 ing the operator to feed material into and 18 years of age from performing such machines but not including the any work that entails entering the placing of material on a moving chain sawmill building do not apply to the or in a hopper or slide for automatic employment of a youth who is at least feeding. 14 years of age and less than 18 years of (2) The occupations of setting up, ad- age and who by statute or judicial justing, repairing, oiling, or cleaning order is exempt from compulsory power-driven woodworking machines. school attendance beyond the eighth grade, if: (3) The occupations of off-bearing (i) The youth is supervised by an from circular saws and from guillotine- adult relative or by an adult member of action veneer clippers. the same religious sect or division as (b) Definitions. As used in this sec- the youth; tion: (ii) The youth does not operate or as- Off-bearing shall mean the removal of sist in the operation of power-driven material or refuse directly from a saw woodworking machines; table or from the point of operation. (iii) The youth is protected from Operations not considered as off-bear- wood particles or other flying debris ing within the intent of this section in- within the workplace by a barrier ap- clude: propriate to the potential hazard of (i) The removal of material or refuse such wood particles or flying debris or from a circular saw or guillotine-ac- by maintaining a sufficient distance tion veneer clipper where the material from machinery in operation; and or refuse has been conveyed away from (iv) The youth is required to use, and the saw table or point of operation by uses, personal protective equipment to a gravity chute or by some mechanical prevent exposure to excessive levels of means such as a moving belt or expul- noise and saw dust. sion roller; and (2) Compliance with the provisions of (ii) The following operations when paragraphs (c)(1)(iii) and (iv) of this they do not involve the removal of ma- section will be accomplished when the terials or refuse directly from a saw employer is in compliance with the re- table or point of operation: The car- quirements of the applicable governing rying, moving, or transporting of mate- standards issued by the U.S. Depart- rials from one machine to another or ment of Labor’s Occupational Safety and Health Administration (OSHA) or, from one part of a plant to another; the in those areas where OSHA has author- piling, stacking, or arranging of mate- ized the state to operate its own Occu- rials for feeding into a machine by an- pational Safety and Health Plan, the other person; and the sorting, tying, applicable standards issued by the Of- bundling, or loading of materials. fice charged with administering the Power-driven woodworking machines State Occupational Safety and Health shall mean all fixed or portable ma- Plan. chines or tools driven by power and used or designed for cutting, shaping, [75 FR 28453, May 20, 2010] forming, surfacing, nailing, stapling, § 570.55 Occupations involved in the wire stitching, fastening or otherwise operation of power-driven wood- assembling, pressing or printing wood, working machines (Order 5). veneer, trees, logs, or lumber. (a) Finding and declaration of fact. The (c) Exemptions. This section shall not following occupations involved in the apply to the employment of appren- operation of power-driven wood-work- tices or student-learners under the con- ing machines are particularly haz- ditions prescribed in § 570.50 (b) and (c). ardous for minors between 16 and 18 [16 FR 7008, July 20, 1951. Redesignated at 28 years of age: FR 1634, Feb. 21, 1963, and amended at 28 FR (1) The occupation of operating 3449, Apr. 9, 1963. Redesignated and amended power-driven woodworking machines, at 36 FR 25156, Dec. 29, 1971; 75 FR 28455, May including supervising or controlling 20, 2010]

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§ 570.57 Exposure to radioactive sub- magnetic radiations other than gamma stances and to ionizing radiations and X-ray. (Order 6). [22 FR 3657, May 24, 1957, as amended at 26 (a) Finding and declaration of fact. The FR 8885, Sept. 21, 1961. Redesignated at 28 FR following occupations involving expo- 1634, Feb. 21, 1963, and amended at 28 FR 3449, sure to radioactive substances and to Apr. 9, 1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971] ionizing radiations are particularly hazardous and detrimental to health § 570.58 Occupations involved in the for minors between 16 and 18 years of operation of power-driven hoisting age: apparatus (Order 7). (1) Any work in any workroom in (a) Findings and declaration of fact. which (i) radium is stored or used in The following occupations involved in the manufacture of self-luminous com- the operation of power-driven hoisting pound, (ii) self-luminous compound is apparatus are particularly hazardous made, processed, or packaged, (iii) self- for minors between 16 and 18 years of luminous compound is stored, used, or age: worked upon, (iv) incandescent mantles (1) Work of operating, tending, riding are made from fabric and solutions upon, working from, repairing, serv- containing thorium salts, or are proc- icing, or disassembling an elevator, essed or packaged, (v) other radio- crane, derrick, hoist, or high-lift truck, active substances are present in the air except operating or riding inside an un- in average concentrations exceeding 10 attended automatic operation pas- percent of the maximum permissible senger elevator. Tending such equip- concentrations in the air recommended ment includes assisting in the hoisting for occupational exposure by the Na- tasks being performed by the equipment. tional Committee on Radiation Protec- (2) Work of operating, tending, riding tion, as set forth in the 40-hour week upon, working from, repairing, serv- column of table one of the National Bu- icing, or disassembling a manlift or reau of Standards Handbook No. 69 en- freight elevator, except 16- and 17-year- titled ‘‘Maximum Permissible Body olds may ride upon a freight elevator Burdens and Maximum Permissible operated by an assigned operator. Concentrations of Radionuclides in Air Tending such equipment includes as- and in Water for Occupational Expo- sisting in the hoisting tasks being per- sure,’’ issued June 5, 1959. formed by the equipment. (2) Any other work which involves (b) Definitions. As used in this sec- exposure to ionizing radiations in ex- tion: cess of 0.5 rem per year. Crane shall mean a power-driven ma- (b) Definitions. As used in this sec- chine for lifting and lowering a load tion: and moving it horizontally, in which (1) The term self-luminous compound the hoisting mechanism is an integral shall mean any mixture of phosphores- part of the machine. The term shall in- cent material and radium, clude all types of cranes, such as canti- mesothorium, or other radioactive ele- lever gantry, crawler, gantry, hammer- ment; head, ingot pouring, jib, locomotive, motor-truck, overhead traveling, pillar (2) The term workroom shall include jib, pintle, portal, semi-gantry, semi- the entire area bounded by walls of portal, storage bridge, tower, walking solid material and extending from floor jib, and wall cranes. to ceiling; Derrick shall mean a power-driven ap- (3) The term ionizing radiations shall paratus consisting of a mast or equiva- mean alpha and beta particles, elec- lent members held at the top by guys trons, protons, neutrons, gamma and or braces, with or without a boom, for X-ray and all other radiations which use with a hoisting mechanism or oper- produce ionizations directly or indi- ating ropes. The term shall include all rectly, but does not include electro- types of derricks, such as A-frame, breast, Chicago boom, gin-pole, guy, and stiff-leg derrick.

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Elevator shall mean any power-driven matic elevator and an automatic signal hoisting or lowering mechanism operation elevator provided that the equipped with a car or platform which exposed portion of the car interior (ex- moves in guides in a substantially clusive of vents and other necessary vertical direction. The term shall in- small openings), the car door, and the clude both passenger and freight ele- hoistway doors are constructed of solid vators (including portable elevators or surfaces without any opening through tiering machines), but shall not include which a part of the body may extend; dumbwaiters. all hoistway openings at floor level High-lift truck shall mean a power- have doors which are interlocked with driven industrial type of truck used for the car door so as to prevent the car lateral transportation that is equipped from starting until all such doors are with a power-operated lifting device closed and locked; the elevator (other usually in the form of a fork or platform capable of tiering loaded pallets than hydraulic elevators) is equipped or skids one above the other. Instead of with a device which will stop and hold a fork or a platform, the lifting device the car in case of overspeed or if the may consist of a ram, scoop, shovel, cable slackens or breaks; and the ele- crane, revolving fork, or other attach- vator is equipped with upper and lower ments for handling specific loads. The travel limit devices which will nor- term shall mean and include highlift mally bring the car to rest at either trucks known under such names as terminal and a final limit switch which fork lifts, fork trucks, fork lift trucks, will prevent the movement in either di- tiering trucks, backhoes, front-end rection and will open in case of exces- loaders, skid loaders, skid-steer load- sive over travel by the car. ers, Bobcat loaders, or stacking trucks, (2) For the purpose of this exception but shall not mean low-lift trucks or the term automatic elevator shall mean low-lift platform trucks that are de- a passenger elevator, a freight eleva- signed for the transportation of but not tor, or a combination passenger-freight the tiering of materials. elevator, the operation of which is con- Hoist shall mean a power-driven appa- trolled by pushbuttons in such a man- ratus for raising or lowering a load by ner that the starting, going to the the application of a pulling force that landing selected, leveling and holding, does not include a car or platform run- and the opening and closing of the car ning in guides. The term shall include and hoistway doors are entirely auto- all types of hoists, such as base mount- matic. ed electric, clevis suspension, hook suspension, monorail, overhead electric, (3) For the purpose of this exception, simple drum, and trolley suspension the term automatic signal operation ele- hoists. vator shall mean an elevator which is Manlift shall mean a device intended started in response to the operation of for the conveyance of persons that con- a switch (such as a lever or push- sists of platforms or brackets mounted button) in the car which when operated on, or attached to, an endless belt, by the operator actuates a starting de- cable, chain or similar method of sus- vice that automatically closes the car pension; with such belt, cable or chain and hoistway doors—from this point operating in a substantially vertical di- on, the movement of the car to the rection and being supported by and landing selected, leveling and holding driven through pulleys, sheaves or when it gets there, and the opening of sprockets at the top and bottom. The the car and hoistway doors are entirely term shall also include truck- or equip- automatic. ment-mounted aerial platforms commonly referred to as scissor lifts, [16 FR 7008, July 20, 1951, as amended at 20 boom-type mobile elevating work plat- FR 6386, Aug. 31, 1955. Redesignated at 28 FR forms, work assist vehicles, cherry 1634, Feb. 21, 1963, and amended at 28 FR 3449, pickers, basket hoists, and bucket Apr. 9, 1963; 32 FR 15479, Nov. 7, 1967. Redesig- nated and amended at 36 FR 25156, Dec. 29, trucks. 1971; 75 FR 28455, May 20, 2010] (c) Exception. (1) This section shall not prohibit the operation of an auto-

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§ 570.59 Occupations involved in the chines to which the designation is by operation of power-driven metal custom applied. forming, punching, and shearing (c) Exemptions. This section shall not machines (Order 8). apply to the employment of appren- (a) Finding and declaration of fact. The tices or student-learners under the con- following occupations are particularly ditions prescribed in § 570.50 (b) and (c). hazardous for the employment of minors between 16 and 18 years of age: [16 FR 7008, July 20, 1951, as amended at 25 FR 9848, Oct. 14, 1960. Redesignated at 28 FR (1) The occupations of operator of or 1634, Feb. 21, 1963, and amended at 28 FR 3449, helper on the following power-driven Apr. 9, 1963. Redesignated at 36 FR 25156, Dec. metal forming, punching, and shearing 29, 1971] machines: (i) All rolling machines, such as § 570.60 Occupations in connection beading, straightening, corrugating, with mining, other than coal (Order flanging, or bending rolls; and hot or 9). cold rolling mills. (a) Finding and declaration of fact. All (ii) All pressing or punching ma- occupations in connection with mining, chines, such as punch presses except other than coal, are particularly haz- those provided with full automatic feed ardous for the employment of minors and ejection and with a fixed barrier between 16 and 18 years of age or detri- guard to prevent the hands or fingers mental to their health or well-being of the operator from entering the area and employment in such occupations is between the dies; power presses; and therefore prohibited under section 12 of plate punches. the Fair Labor Standards Act, as (iii) All bending machines, such as amended, except the following: apron brakes and press brakes. (1) Work in offices, in the warehouse (iv) All hammering machines, such as or supply house, in the change house, drop hammers and power hammers. in the laboratory, and in repair or (v) All shearing machines, such as maintenance shops not located under- guillotine or squaring shears; alligator ground. shears; and rotary shears. (2) Work in the operation and main- (2) The occupations of setting up, ad- tenance of living quarters. justing, repairing, oiling, or cleaning (3) Work outside the mine in sur- these machines including those with veying, in the repair and maintenance automatic feed and ejection. of roads, and in general clean-up about (b) Definitions. (1) The term operator the mine property such as clearing shall mean a person who operates a brush and digging drainage ditches. machine covered by this section by performing such functions as starting or (4) Work of track crews in the build- stopping the machine, placing mate- ing and maintaining of sections of rail- rials into or removing them from the road track located in those areas of machine, or any other functions di- open-cut metal mines where mining rectly involved in operation of the ma- and haulage activities are not being chine. conducted at the time and place that (2) The term helper shall mean a per- such building and maintenance work is son who assists in the operation of a being done. machine covered by this section by (5) Work in or about surface placer helping place materials into or remove mining operations other than placer them from the machine. dredging operations and hydraulic (3) The term forming, punching, and placer mining operations. shearing machines shall mean power- (6) The following work in metal mills driven metal-working machines, other other than in mercury-recovery mills than machine tools, which change the or mills using the cyanide process: shape of or cut metal by means of (i) Work involving the operation of tools, such as dies, rolls, or knives jigs, sludge tables, flotation cells, or which are mounted on rams, plungers, drier-filters; or other moving parts. Types of form- (ii) Work of hand-sorting at picking ing, punching, and shearing machines table or picking belt; enumerated in this section are the ma- (iii) General clean-up work:

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Provided, however, That nothing in this ployment of minors between 16 and 18 section shall be construed as permit- years of age or detrimental to their ting employment of minors in any oc- health or well-being: cupation prohibited by any other haz- (1) All occupations on the killing ardous occupations order issued by the floor, in curing cellars, and in hide cel- Secretary of Labor. lars, except the work of messengers, (b) Definitions. As used in this sec- runners, handtruckers, and similar oc- tion: The term all occupations in con- cupations which require entering such nection with mining, other than coal workrooms or workplaces infrequently shall mean all work performed under- and for short periods of time. ground in mines and quarries; on the (2) All occupations involved in the re- surface at underground mines and un- covery of lard and oils, except pack- derground quarries; in or about open- aging and shipping of such products cut mines, open quarries, clay pits, and and the operation of lard-roll ma- sand and gravel operations; at or about chines. placer mining operations; at or about (3) All occupations involved in tank- dredging operations for clay, sand or age or rendering of dead animals, ani- gravel; at or about bore-hole mining mal offal, animal fats, scrap meats, operations; in or about all metal mills, blood, and bones into stock feeds, tal- washer plants, or grinding mills reduc- low, inedible greases, fertilizer ingredi- ing the bulk of the extracted minerals; ents, and similar products. and at or about any other crushing, (4) All occupations involved in the grinding, screening, sizing, washing or operation or feeding of the following cleaning operations performed upon power-driven machines, including set- the extracted minerals except where ting-up, adjusting, repairing, or oiling such operations are performed as a part such machines or the cleaning of such of a manufacturing process. The term machines or the individual parts or at- shall not include work performed in tachments of such machines, regardless subsequent manufacturing or proc- of the product being processed by these essing operations, such as work per- machines (including, for example, the formed in smelters, electro-metallur- slicing in a retail delicatessen of meat, gical plants, refineries reduction poultry, seafood, bread, vegetables, or plants, cement mills, plants where cheese, etc.): meat patty forming ma- quarried stone is cut, sanded and fur- chines, meat and bone cutting saws, ther processed, or plants manufac- poultry scissors or shears; meat slicers, turing clay glass or ceramic products. knives (except bacon-slicing machines), Neither shall the term include work headsplitters, and guillotine cutters; performed in connection with coal min- snoutpullers and jawpullers; skinning ing, in petroleum production, in nat- machines; horizontal rotary washing ural-gas production, nor in dredging machines; casing-cleaning machines operations which are not a part of min- such as crushing, stripping, and fin- ing operations, such as dredging for ishing machines; grinding, mixing, construction or navigation purposes. chopping, and hashing machines; and [16 FR 7008, July 20, 1951. Redesignated at 28 presses (except belly-rolling machines). FR 1634, Feb. 21, 1963, and amended at 28 FR Except, the provisions of this sub- 3449, Apr. 9, 1963. Redesignated at 36 FR 25156, section shall not apply to the operation Dec. 29, 1971] of those lightweight, small capacity, § 570.61 Occupations in the operation portable, countertop mixers discussed of power-driven meat-processing in § 570.62(b)(1) of this chapter when machines and occupations involv- used as a mixer to process materials ing slaughtering, meat and poultry other than meat or poultry. packing, processing, or rendering (5) All boning occupations. (Order 10). (6) All occupations that involve the (a) Findings and declaration of fact. pushing or dropping of any suspended The following occupations in or about carcass, half carcass, or quarter car- slaughtering and meat packing estab- cass. lishments, rendering plants, or whole- (7) All occupations involving the sale, retail or service establishments handlifting or handcarrying any car- are particularly hazardous for the em- cass or half carcass of beef, pork, horse,

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deer, or buffalo, or any quarter carcass (1) The killing and processing of rab- of beef, horse, or buffalo. bits or small game in areas physically (b) Definitions. As used in this sec- separated from the killing floor. tion: (2) The employment of apprentices or Boning occupations means the re- student-learners under the conditions moval of bones from meat cuts. It does prescribed in § 570.50(b) and (c). not include work that involves cutting, [56 FR 58631, Nov. 20, 1991, as amended at 75 scraping, or trimming meat from cuts FR 28455, May 20, 2010] containing bones. Curing cellar includes a workroom or § 570.62 Occupations involved in the operation of bakery machines workplace which is primarily devoted (Order 11). to the preservation and flavoring of (a) Finding and declaration of fact. The meat, including poultry, by curing ma- following occupations involved in the terials. It does not include a workroom operation of power-driven bakery ma- or workplace solely where meats are chines are particularly hazardous for smoked. the employment of minors between 16 Hide cellar includes a workroom or and 18 years of age: workplace where hides are graded, (1) The occupations of operating, as- trimmed, salted, and otherwise cured. sisting to operate, or setting up, ad- Killing floor includes a workroom, justing, repairing, oiling, or cleaning workplace where such animals as cat- any horizontal or vertical dough mixer; tle, calves, hogs, poultry, sheep, lambs, batter mixer; bread dividing, rounding, goats, buffalo, deer, or horses are im- or molding machine; dough brake; mobilized, shackled, or killed, and the dough sheeter; combination bread slic- carcasses are dressed prior to chilling. ing and wrapping machine; or cake cut- Retail/wholesale or service establish- ting band saw. ments include establishments where (2) The occupation of setting up or meat or meat products, including poul- adjusting a cookie or cracker machine. try, are processed or handled, such as (b) Exceptions. (1) This section shall butcher shops, grocery stores, res- not apply to the operation, including taurants and quick service food estab- the setting up, adjusting, repairing, lishments, hotels, delicatessens, and oiling and cleaning, of lightweight, meat locker (freezer-locker) compa- small capacity, portable counter-top nies, and establishments where any power-driven food mixers that are, or food product is prepared or processed are comparable to, models intended for for serving to customers using ma- household use. For purposes of this ex- chines prohibited by paragraph (a) of emption, a lightweight, small capacity this section. mixer is one that is not hardwired into the establishment’s power source, is Rendering plants means establish- equipped with a motor that operates at ments engaged in the conversion of no more than 1⁄2 horsepower, and is dead animals, animal offal, animal equipped with a bowl with a capacity of fats, scrap meats, blood, and bones into no more than five quarts. Except, this stock feeds, tallow, inedible greases, exception shall not apply when the fertilizer ingredients, and similar prod- mixer is used, with or without attach- ucts. ments, to process meat or poultry Slaughtering and meat packing estab- products as prohibited by § 570.61(a)(4). lishments means places in or about (2) This section shall not apply to the which such animals as cattle, calves, operation of pizza-dough rollers, a type hogs, poultry, sheep, lambs, goats, buf- of dough sheeter, that: have been con- falo, deer, or horses are killed, butch- structed with safeguards contained in ered, or processed. The term also in- the basic design so as to prevent fin- cludes establishments which manufac- gers, hands, or clothing from being ture or process meat or poultry prod- caught in the in-running point of the ucts, including sausage or sausage cas- rollers; have gears that are completely ings from such animals. enclosed; and have microswitches that (c) Exemptions. This section shall not disengage the machinery if the backs apply to: or sides of the rollers are removed.

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This exception applies only when all S245.5–1990) for scrap paper balers or the safeguards detailed in this para- the American National Standard Insti- graph are present on the machine, are tute’s Standard ANSI Z245.2–1992 Amer- operational, and have not been over- ican National Standard for Refuse Collec- ridden. This exception does not apply tion, Processing, and Disposal Equip- to the setting up, adjusting, repairing, ment—Stationary Compactors—Safety Re- oiling or cleaning of such pizza-dough quirements (ANSI Z245.2–1992) for paper rollers. box compactors. Additional applicable [17 FR 5610, June 21, 1952, as amended at 25 standards are the American National FR 9849, Oct. 14, 1960. Redesignated at 28 FR Standard Institute’s Standard ANSI 1634, Feb. 21, 1963, and amended at 28 FR 3449, Z245.5–1997 American National Standard Apr. 9, 1963. Redesignated and amended at 36 for Equipment Technology and Oper- FR 25156, Dec. 29, 1971; 75 FR 28456, May 20, ations for Wastes and Recyclable Mate- 2010] rials—Baling Equipment—Safety Require- ments (ANSI Z245.5–1997), the American § 570.63 Occupations involved in the operation of balers, compactors, National Standard Institute’s Standard and paper-products machines ANSI Z245.5–2004 American National (Order 12). Standard for Equipment Technology and (a) Findings and declaration of fact. Operations for Wastes and Recyclable The following occupations are particu- Materials—Baling Equipment—Safety Re- larly hazardous for the employment of quirements for Installation, Maintenance minors between 16 and 18 years of age: and Operation (ANSI Z245.5–2004), and (1) The occupations of operation or the American National Standard Insti- assisting to operate any of the fol- tute’s Standard ANSI Z245.5–2008 Amer- lowing power-driven paper products ican National Standard for Equipment machines: Technology and Operations for Wastes (i) Arm-type wire stitcher or stapler, and Recyclable Materials—Baling Equip- circular or band saw, corner cutter or ment—Safety Requirements (ANSI Z245.5– mitering machine, corrugating and sin- 2008) for scrap paper balers or the gle-or-double facing machine, envelope American National Standard Insti- die-cutting press, guillotine paper cut- tute’s Standard ANSI Z245.2–1997 Amer- ter or shear, horizontal bar scorer, ican National Standard for Equipment laminating or combining machine, Technology and Operations for Wastes sheeting machine, scrap paper baler, and Recyclable Materials—Stationary paper box compactor, or vertical Compactors—Safety Requirements (ANSI slotter. Z245.2–1997), the American National (ii) Platen die-cutting press, platen Standard Institute’s Standard ANSI printing press, or punch press which in- Z245.2–2004 American National Standard volves hand feeding of the machine. for Equipment Technology and Oper- (2) The occupations of operation or ations for Wastes and Recyclable Mate- assisting to operate any baler that is rials—Stationary Compactors—Safety Re- designed or used to process materials quirements for Installation, Maintenance other than paper. and Operation (ANSI Z245.2–2004), and (3) The occupations of operation or the American National Standard Insti- assisting to operate any compactor tute’s Standard ANSI Z245.2–2008 Amer- that is designed or used to process ma- ican National Standard for Equipment terials other than paper. Technology and Operations for Wastes (4) The occupations of setting up, ad- and Recyclable Materials—Stationary justing, repairing, oiling, or cleaning Compactors—Safety Requirements for In- any of the machines listed in para- stallation, Maintenance and Operation graphs (a)(1), (2), and (3) of this section. (ANSI Z245.2–2008) for paper box com- (b) Definitions. As used in this sec- pactors, which the Secretary has cer- tion: tified to be at least as protective of the Applicable ANSI Standard means the safety of minors as Standard ANSI American National Standard Insti- Z245.5–1990 for scrap paper balers or tute’s Standard ANSI Z245.5–1990 Amer- Standard ANSI Z245.2–1992 for paper ican National Standard for Refuse Collec- box compactors. The ANSI standards tion, Processing, and Disposal—Baling for scrap paper balers and paper box Equipment—Safety Requirements (ANSI compactors govern the manufacture

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and modification of the equipment, the Compactor that is designed or used to operation and maintenance of the process materials other than paper means equipment, and employee training. a powered machine that remains sta- These ANSI standards are incorporated tionary during operation, designed or by reference in this paragraph and have used to compact refuse other than the same force and effect as other paper or cardboard boxes into a detach- standards in this part. Only the manda- able or integral container or into a tory provisions (i.e., provisions con- transfer vehicle. taining the word ‘‘shall’’ or other man- Operating or assisting to operate means datory language) of these standards are all work that involves starting or stop- adopted as standards under this part. ping a machine covered by this section, These standards are incorporated by placing materials into or removing ma- reference as they exist on the date of terials from a machine, including the approval; if any changes are made clearing a machine of jammed mate- in these standards which the Secretary rials, paper, or cardboard, or any other finds to be as protective of the safety work directly involved in operating the of minors as the current standards, the machine. The term does not include Secretary will publish a Notice of the the stacking of materials by an em- change of standards in the FEDERAL ployee in an area nearby or adjacent to REGISTER. These incorporations by ref- the machine where such employee does erence were approved by the Director not place the materials into the ma- of the Federal Register in accordance chine. with 5 U.S.C. 552(a) and 1 CFR part 51. Paper box compactor means a powered Copies of these standards are available machine that remains stationary dur- for purchase from the American Na- ing operation, used to compact refuse, tional Standards Institute (ANSI), 25 including paper boxes, into a detach- West 43rd St., Fourth Floor, New York, able or integral container or into a NY 10036. The telephone number for transfer vehicle. ANSI is (212) 642–4900 and its Web site is Paper products machine means all located at http://www.ansi.org. In addi- power-driven machines used in remanu- tion, these standards are available for facturing or converting paper or pulp inspection at the National Archives into a finished product, including pre- and Records Administration (NARA). paring such materials for recycling; or For information on the availability of preparing such materials for disposal. this material at NARA, call (202) 741– The term applies to such machines 6030, or go to: http://www.archives.gov/ whether they are used in establish- federallregister/ ments that manufacture converted codeloflfederallregulations/ paper or pulp products, or in any other ibrllocations.html. These standards are type of manufacturing or nonmanufac- also available for inspection at the Oc- turing establishment. The term also cupational Safety and Health Adminis- applies to those machines which, in ad- tration’s Docket Office, Room N–2625, dition to paper products, process other U.S. Department of Labor, 200 Con- material for disposal. stitution Avenue, NW., Washington, DC Scrap paper baler means a powered 20210, or any of its regional offices. The machine used to compress paper and telephone number for the Occupational possibly other solid waste, with or Safety and Health Administration’s without binding, to a density or form Docket Office is (202) 693–2350 and its that will support handling and trans- Web site is located at http://dock- portation as a material unit without ets.osha.gov. requiring a disposable or reusable con- Baler that is designed or used to process tainer. materials other than paper means a pow- (c) Exemptions. (1) Sixteen- and 17- ered machine designed or used to com- year-olds minors may load materials press materials other than paper and into, but not operate or unload, those cardboard boxes, with or without bind- scrap paper balers and paper box com- ing, to a density or form that will sup- pactors that are safe for 16- and 17- port handling and transportation as a year-old employees to load and cannot material unit without requiring a dis- be operated while being loaded. For the posable or reusable container. purpose of this exemption, a scrap

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paper baler or a paper box compactor is (C) That no employee under the age considered to be safe for 16- and 17- of 18 may operate or unload the scrap year-old to load only if all of the fol- paper baler or paper box compactor. lowing conditions are met: (2) This section shall not apply to the (i) The scrap paper baler or paper box employment of apprentices or student- compactor meets the applicable ANSI learners under the conditions pre- standard (the employer must initially scribed in § 570.50 (b) and (c). determine if the equipment meets the applicable ANSI standard, and the Ad- [56 FR 58632, Nov. 20, 1991, as amended at 69 FR 75403, Dec. 16, 2004; 75 FR 28456, May 20, ministrator or his/her designee may 2010] make a determination when conducting an investigation of the em- § 570.64 Occupations involved in the ployer); manufacture of brick, tile, and kin- (ii) The scrap paper baler or paper dred products (Order 13). box compactor includes an on-off (a) Findings and declaration of fact. switch incorporating a key-lock or The following occupations involved in other system and the control of the the manufacture of clay construction system is maintained in the custody of products and of silica refractory prod- employees who are 18 years of age or older; ucts are particularly hazardous for the employment of minors between 16 and (iii) The on-off switch of the scrap 18 years of age, and detrimental to paper baler or paper box compactor is maintained in an off position when the their health and well-being. machine is not in operation; and (1) All work in or about establish- (iv) The employer posts a notice on ments in which clay construction prod- the scrap paper baler or paper box com- ucts are manufactured, except (i) work pactor (in a prominent position and in storage and shipping: (ii) work in of- easily visible to any person loading, op- fices, laboratories, and storerooms; and erating, or unloading the machine) (iii) work in the drying departments of that includes and conveys all of the fol- plants manufacturing sewer pipe. lowing information: (2) All work in or about establish- (A)(1) That the scrap paper baler or ments in which silica brick or other compactor meets the industry safety silica refractories are manufactured, standard applicable to the machine, as except work in offices. specified in paragraph (b) of this sec- (3) Nothing in this section shall be tion and displayed in the following construed as permitting employment of table. minors in any occupation prohibited by any other hazardous occupations order In order for employers to take ad- issued by the Secretary of Labor. vantage of the lim- (b) Definitions. (1) The term clay con- In order for employers to take advantage ited exception dis- of the limited exception discussed in this cussed in this sec- struction products shall mean the fol- section, the scrap paper baler must meet tion, the paper lowing clay products: Brick, hollow one of the following ANSI Standards: box compactor must meet one of structural tile, sewer pipe and kindred the following ANSI Standards: products, refractories, and other clay products such as architectural terra ANSI Standard Z245.5–1990 ...... ANSI Standard cotta, glazed structural tile, roofing Z245.2–1992. tile, stove lining, chimney pipes and ANSI Standard Z245.5–1997 ...... ANSI Standard Z245.2–1997. tops, wall coping, and drain tile. The ANSI Standard Z245.5–2004 ...... ANSI Standard term shall not include the following Z245.2–2004. non-structural-bearing clay products: ANSI Standard Z245.5–2008 ...... ANSI Standard Z245.2–2008. Ceramic floor and wall tile, mosaic tile, glazed and enameled tile, faience, (2) The notice shall completely iden- and similar tile, nor shall the term in- tify the appropriate ANSI standard. clude non-clay construction products (B) That sixteen- and 17-year-old em- such as sand-lime brick, glass brick, or ployees may only load the scrap paper non-clay refractories. baler or paper box compactor.

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(2) The term silica brick or other silica on the periphery, mounted on shafting, refractories shall mean refractory prod- and used for sawing materials. ucts produced from raw materials con- Guillotine shear shall mean a machine taining free silica as their main con- equipped with a moveable blade oper- stituent. ated vertically and used to shear mate- [21 FR 5773, Aug. 2, 1956, as amended at 23 FR rials. The term shall not include other 6240, Aug. 14, 1958. Redesignated at 28 FR types of shearing machines, using a dif- 1634, Feb. 21, 1963, and amended at 28 FR 3450, ferent form of shearing action, such as Apr. 9, 1963. Redesignated and amended at 36 alligator shears or circular shears. FR 25156, Dec. 29, 1971] Helper shall mean a person who assists in the operation of a machine cov- § 570.65 Occupations involving the op- ered by this section by helping place eration of circular saws, band saws, guillotine shears, chain saws, recip- materials into or remove them from rocating saws, wood chippers, and the machine. abrasive cutting discs (Order 14). Operator shall mean a person who op- (a) Findings and declaration of fact. erates a machine covered by this sec- The following occupations are particu- tion by performing such functions as larly hazardous for the employment of starting or stopping the machine, plac- minors between 16 and 18 years of age: ing materials into or removing them (1) The occupations of operator of or from the machine, or any other func- helper on the following power-driven tions directly involved in operation of fixed or portable machines except ma- the machine. chines equipped with full automatic Reciprocating saw shall mean a ma- feed and ejection: chine equipped with a moving blade (i) Circular saws. that alternately changes direction on a (ii) Band saws. linear cutting axis used for sawing ma- (iii) Guillotine shears. terials. (2) The occupations of operator of or Wood chipper shall mean a machine helper on the following power-driven equipped with a feed mechanism, fixed or portable machines: knives mounted on a rotating chipper (i) Chain saws. disc or drum, and a power plant used to (ii) Reciprocating saws. reduce to chips or shred such materials (iii) Wood chippers. as tree branches, trunk segments, land- (iv) Abrasive cutting discs. scape waste, and other materials. (3) The occupations of setting-up, ad- (c) Exemptions. This section shall not justing, repairing, oiling, or cleaning apply to the employment of appren- circular saws, band saws, guillotine tices or student-learners under the con- shears, chain saws, reciprocating saws, ditions prescribed in § 570.50 (b) and (c). wood chippers, and abrasive cutting [25 FR 9849, Oct. 14, 1960. Redesignated at 28 discs. FR 1634, Feb. 21, 1963, and amended at 28 FR (b) Definitions. As used in this sec- 3450, Apr. 9, 1963. Redesignated and amended tion: at 36 FR 25156, Dec. 29, 1971; 75 FR 28457, May Abrasive cutting disc shall mean a ma- 20, 2010] chine equipped with a disc embedded with abrasive materials used for cut- § 570.66 Occupations involved in ting materials. wrecking, demolition, and Band saw shall mean a machine shipbreaking operations (Order 15). equipped with an endless steel band (a) Finding and declaration of fact. All having a continuous series of notches occupations in wrecking, demolition, or teeth, running over wheels or pul- and shipbreaking operations are par- leys, and used for sawing materials. ticularly hazardous for the employ- Chain saw shall mean a machine that ment of minors between 16 and 18 years has teeth linked together to form an of age and detrimental to their health endless chain used for cutting mate- and well-being. rials. (b) Definition. The term wrecking, Circular saw shall mean a machine demolition, and shipbreaking operations equipped with a thin steel disc having shall mean all work, including clean-up a continuous series of notches or teeth and salvage work, performed at the site

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of the total or partial razing, demol- tices or student-learners under the con- ishing, or dismantling of a building, ditions prescribed in § 570.50 (b) and (c). bridge, steeple, tower, chimney, other [27 FR 102, Jan. 5, 1962. Redesignated at 28 structure, ship or other vessel. FR 1634, Feb. 21, 1963, and amended at 28 FR 3450, Apr. 9, 1963. Redesignated and amended [25 FR 9850, Oct. 14, 1960. Redesignated at 28 at 36 FR 25156, Dec. 29, 1971; 69 FR 57404, Dec. FR 1634, Feb. 21, 1963, and amended at 28 FR 16, 2004] 3450, Apr. 9, 1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971] § 570.68 Occupations in excavation operations (Order 17). § 570.67 Occupations in roofing operations and on or about a roof (a) Finding and declaration of fact. The (Order 16). following occupations in excavation operations are particularly hazardous (a) Finding and declaration of fact. All for the employment of persons between occupations in roofing operations and 16 and 18 years of age: all occupations on or about a roof are (1) Excavating, working in, or back- particularly hazardous for the employ- filling (refilling) trenches, except (i) ment of minors between 16 and 18 years manually excavating or manually of age or detrimental to their health. backfilling trenches that do not exceed (b) Definitions. On or about a roof in- four feet in depth at any point, or (ii) cludes all work performed upon or in working in trenches that do not exceed close proximity to a roof, including four feet in depth at any point. carpentry and metal work, alterations, (2) Excavating for buildings or other additions, maintenance and repair, in- structures or working in such exca- cluding painting and coating of exist- vations, except: (i) Manually exca- ing roofs; the construction of the vating to a depth not exceeding four sheathing or base of roofs (wood or feet below any ground surface adjoin- metal), including roof trusses or joists; ing the excavation, or (ii) working in gutter and downspout work; the instal- an excavation not exceeding such lation and servicing of television and depth, or (iii) working in an excavation where the side walls are shored or communication equipment such as sloped to the angle of repose. cable and satellite dishes; the installa- (3) Working within tunnels prior to tion and servicing of heating, ventila- the completion of all driving and shor- tion and air conditioning equipment or ing operations. similar appliances attached to roofs; (4) Working within shafts prior to the and any similar work that is required completion of all sinking and shoring to be performed on or about roofs. operations. Roofing operations means all work (b) Exemptions. This section shall not performed in connection with the in- apply to the employment of appren- stallation of roofs, including related tices or student-learners under the con- metal work such as flashing, and ap- ditions prescribed in § 570.50 (b) and (c). plying weatherproofing materials and [28 FR 3449, Apr. 9, 1963. Redesignated at 36 substances (such as waterproof mem- FR 25156, Dec. 29, 1971] branes, tar, slag or pitch, asphalt prepared paper, tile, composite roofing Subpart E–1—Occupations in Agri- materials, slate, metal, translucent culture Particularly Hazardous materials, and shingles of asbestos, as- for the Employment of Chil- phalt, wood or other materials) to roofs of buildings or other structures. The dren Below the Age of 16 term also includes all jobs on the ground related to roofing operations AUTHORITY: Secs. 12, 13, 18, 52 Stat. 1067, 1069, as amended; 29 U.S.C. 212, 213, 218. such as roofing laborer, roofing helper, materials handler and tending a tar § 570.70 Purpose and scope. heater. (a) Purpose. Section 13(c)(2) of the (c) Exemptions. This section shall not Fair Labor Standards Act of 1938, as apply to the employment of appren- amended (29 U.S.C. 213(c)(2)) states that the ‘‘provisions of section 12 [of the

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Act] relating to child labor shall apply when acting as an employer), or any- to an employee below the age of 16 em- one acting in the capacity of officer or ployed in agriculture in an occupation agent of such labor organization. that the Secretary of Labor finds and (iii) Employ includes to suffer or per- declares to be particularly hazardous mit to work. for the employment of children below [35 FR 221, Jan. 7, 1970, as amended at 35 FR the age of 16, except where such em- 2822, Feb. 11, 1970. Redesignated at 36 FR ployee is employed by his parent or by 25156, Dec. 29, 1971] a person standing in the place of his parent on a farm owned or operated by § 570.71 Occupations involved in agri- such parent or person.’’ The purpose of culture. this subpart is to apply this statutory (a) Findings and declarations of fact as provision. to specific occupations. The following oc- (b) Exception. This subpart shall not cupations in agriculture are particu- apply to the employment of a child larly hazardous for the employment of below the age of 16 by his parent or by children below the age of 16: a person standing in the place of his (1) Operating a tractor of over 20 PTO parent on a farm owned or operated by horsepower, or connecting or dis- such parent or person. connecting an implement or any of its (c) Statutory definitions. As used in parts to or from such a tractor. this subpart, the terms agriculture, em- (2) Operating or assisting to operate ployer, and employ have the same mean- (including starting, stopping, adjust- ings as the identical terms contained ing, feeding, or any other activity in- in section 3 of the Fair Labor Stand- volving physical contact associated ards Act of 1938, as amended (29 U.S.C. with the operation) any of the fol- 203), which are as follows: lowing machines: (1) Agriculture includes farming in all (i) Corn picker, cotton picker, grain its branches and among other things combine, hay mower, forage harvester, includes the cultivation and tillage of hay baler, potato digger, or mobile pea soil, dairying, the production, cultiva- viner; tion, growing, and harvesting of any (ii) Feed grinder, crop dryer, forage agricultural or horticultural commod- blower, auger conveyor, or the unload- ities (including commodities defined as ing mechanism of a nongravity-type agricultural commodities in section self-unloading wagon or trailer; or 15(g) of the Agricultural Marketing (iii) Power post-hole digger, power Act, as amended), the raising of live- post driver, or nonwalking type rotary stock, bees, fur-bearing animals, or tiller. poultry, and any practices (including (3) Operating or assisting to operate any forestry or lumbering operations) (including starting, stopping, adjust- performed by a farmer or on a farm as ing, feeding, or any other activity in- an incident to or in conjunction with volving physical contact associated such farming operations, including with the operation) any of the fol- preparation for market, delivery to lowing machines: storage or to market or to carriers for (i) Trencher or earthmoving equip- transportation to market. ment; (2) Employer includes any person act- (ii) Fork lift; ing directly or indirectly in the inter- (iii) Potato combine; or est of an employer in relation to an (iv) Power-driven circular, band, or employee but shall not include the chain saw. United States or any State or political (4) Working on a farm in a yard, pen, subdivision of a State (except with re- or stall occupied by a: spect to employees of a State or a po- (i) Bull, boar, or stud horse main- litical subdivision thereof, employed: tained for breeding purposes; or (i) In a hospital, institution, or (ii) Sow with suckling pigs, or cow school referred to in the last sentence with newborn calf (with umbilical cord of section (r) of the Act, or present) (ii) In the operation of a railway or (5) Felling, bucking, skidding, load- carrier referred to in such sentence), or ing, or unloading timber with butt di- any labor organization (other than ameter of more than 6 inches.

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(6) Working from a ladder or scaffold child as vocational agriculture stu- (painting, repairing, or building struc- dent-learner in any of the occupations tures, pruning trees, picking fruit, etc.) described in paragraph (1), (2), (3), (4), at a height of over 20 feet. (5), or (6) of § 570.71(a) when each of the (7) Driving a bus, truck, or auto- following requirements are met: mobile when transporting passengers, (1) The student-learner is enrolled in or riding on a tractor as a passenger or a vocational education training pro- helper. gram in agriculture under a recognized (8) Working inside: State or local educational authority, (i) A fruit, forage, or grain storage or in a substantially similar program designed to retain an oxygen deficient conducted by a private school; or toxic atmosphere; (2) Such student-learner is employed (ii) An upright silo within 2 weeks under a written agreement which pro- after silage has been added or when a vides; (i) that the work of the student- top unloading device is in operating po- learner is incidental to his training; sition; (iii) A manure pit; or (ii) that such work shall be intermit- (iv) A horizontal silo while operating tent, for short periods of time, and a tractor for packing purposes. under the direct and close supervision (9) Handling or applying (including of a qualified and experienced person; cleaning or decontaminating equip- (iii) that safety instruction shall be ment, disposal or return of empty con- given by the school and correlated by tainers, or serving as a flagman for air- the employer with on-the-job training; craft applying) agricultural chemicals and (iv) that a schedule of organized classified under the Federal Insecti- and progressive work processes to be cide, Fungicide, and Rodenticide Act (7 performed on the job have been pre- U.S.C. 135 et seq.) as Category I of tox- pared; icity, identified by the word ‘‘poison’’ (3) Such written agreement contains and the ‘‘skull and crossbones’’ on the the name of the student-learner, and is label; or Category II of toxicity, identi- signed by the employer and by a person fied by the word ‘‘warning’’ on the authorized to represent the educational label; authority or school; and (10) Handling or using a blasting (4) Copies of each such agreement are agent, including but not limited to, dy- kept on file by both the educational namite, black powder, sensitized am- authority or school and by the em- monium nitrate, blasting caps, and ployer. primer cord; or (b) Federal Extension Service. The find- (11) Transporting, transferring, or ap- ings and declarations of fact in plying anhydrous ammonia. § 570.71(a) shall not apply to the em- (b) Occupational definitions. In apply- ployment of a child under 16 years of ing machinery, equipment, or facility age in those occupations in which he terms used in paragraph (a) of this sec- has successfully completed one or more tion, the Wage and Hour Division will training programs described in para- be guided by the definitions contained graph (b) (1), (2), or (3) of this section in the current edition of Agricultural provided he has been instructed by his Engineering, a dictionary and hand- employer on safe and proper operation book, Interstate Printers and Pub- of the specific equipment he is to use; lishers, Danville, Ill. Copies of this dic- is continuously and closely supervised tionary and handbook are available for by the employer where feasible; or, examination in Regional Offices of the where not feasible, in work such as cul- Wage and Hour Division, U.S. Depart- tivating, his safety is checked by the ment of Labor. employer at least at midmorning, [35 FR 221, Jan. 7, 1970. Redesignated at 36 noon, and midafternoon. FR 25156, Dec. 29, 1971] (1) 4–H tractor operation program. The child is qualified to be employed in an § 570.72 Exemptions. occupation described in § 570.71(a)(1) (a) Student-learners. The findings and provided: declarations of fact in § 570.71(a) shall (i) He is a 4–H member; not apply to the employment of any (ii) He is 14 years of age, or older;

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(iii) He is familiar with the normal (iv) His employer has on file with the working hazards in agriculture; child’s records kept pursuant to part (iv) He has completed a 10-hour train- 516 of this title (basically, name, ad- ing program which includes the fol- dress, and date of birth) a copy of a cer- lowing units from the manuals of the tificate acceptable by the Wage and 4–H tractor program conducted by, or Hour Division, signed by the leader in accordance with the requirements who conducted the training program of, the Cooperative Extension Service and by an Extension Agent of the Coop- of a land grant university: erative Extension Service of a land (a) First-year Manual: grant university, to the effect that the child has completed all of the require- Unit 1—Learning How to be Safe; Unit 4—The Instrument Panel; ments specified in paragraphs (b)(2) (i) Unit 5—Controls for Your Tractor; through (iii) of this section. Unit 6—Daily Maintenance and Safety (3) Tractor and machine operation pro- Check; and gram. The child is qualified to be em- Unit 7—Starting and Stopping Your Tractor; ployed in an occupation described in (b) Second-year Manual: § 570.71(a) (1) and (2) providing: (i) He is 14 years of age, or older; Unit 1—Tractor Safety on the Farm; (ii) He has completed a 4-hour ori- (c) Third-year Manual: entation course familiarizing him with the normal working hazards in agri- Unit 1—Tractor Safety on the Highway; culture; Unit 3—Hitches, Power-take-off, and Hydrau- (iii) He has completed a 20-hour lic Controls; training program on safe operation of (v) He has passed a written examina- tractors and farm machinery, which tion on tractor safety and has dem- covers all material specified in para- onstrated his ability to operate a trac- graphs (b) (1)(iv) and (2)(ii) of this sec- tor safely with a two-wheeled trailed tion. implement on a course similar to one (iv) He has passed a written examina- of the 4–H Tractor Operator’s Contest tion on tractor and farm machinery Courses; and safety, and has demonstrated his abil- (vi) His employer has on file with the ity to operate a tractor with a two- child’s records kept pursuant to part wheeled trailed implement on a course 516 of this title (basically, name, ad- similar to a 4–H Tractor Operator’s dress, and date of birth) a copy of a cer- Contest Course, and to operate farm tificate acceptable by the Wage and machinery safely. Hour Division, signed by the leader (v) His employer has on file with the who conducted the training program child’s records kept pursuant to part and by an Extension Agent of the Coop- 516 of this title (basically, name, ad- erative Extension Service of a land dress and date of birth) a copy of a cer- grant university to the effect that the tificate acceptable by the Wage and child has completed all the require- Hour Division, signed by the volunteer ments specified in paragraphs (b)(1) (i) leader who conducted the training pro- through (v) of this section. gram and by an Extension Agent of the (2) 4–H machine operation program. Cooperative Extension Service of a The child is qualified to be employed in land grant university, to the effect an occupation described in § 570.71(a)(2) that all of the requirements of para- providing: graphs (b)(2) (i) through (iv) of this sec- (i) He satisfies all the requirements tion have been met. specified in paragraphs (b)(2)(i) through (c) Vocational agriculture training. The (v) of this section; findings and declarations of fact in (ii) He has completed an additional § 570.71(a) shall not apply to the em- 10-hour training program on farm ma- ployment of a vocational agriculture chinery safety, including 4–H Fourth- student under 16 years of age in those Year Manual, Unit 1, Safe Use of Farm occupations in which he has success- Machinery; fully completed one or more training (iii) He has passed a written and programs described in paragraph (c)(1) practical examination on safe machin- or (2) of this section and who has been ery operation; and instructed by his employer in the safe

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and proper operation of the specific (2) Machinery operation program. The equipment he is to use, who is continu- student is qualified to be employed in ously and closely supervised by his em- an occupation described in paragraph ployer where feasible or, where not fea- (2) of § 570.71(a) provided he has com- sible, in work such as cultivating, pleted the Tractor Operation Program whose safety is checked by the em- described in paragraph (c)(1) of this ployer at least at midmorning, noon, section and: and midafternoon, and who also satis- (i) He has completed an additional 10- fies whichever of the following pro- hour training program which includes gram requirements are pertinent: the required units specified in the Vo- (1) Tractor operation program. The stu- cational Agriculture Training Program dent is qualified to be employed in an in Safe Farm Machinery Operation, occupation described in § 570.71(a)(1) outlined by the Office of Education, provided: U.S. Department of Health, Education, (i) He is 14 years of age, or older; and Welfare and approved by the U.S. (ii) He is familiar with the normal Department of Labor; working hazards in agriculture; (ii) He has passed both a written test (iii) He has completed a 15-hour and a practical test on safe machinery training program which includes the operation similar to that described in required units specified in the Voca- the Vocational Agriculture Training tional Agriculture Training Program Program in Safe Farm Machinery Op- in Safe Tractor Operation, outlined by eration, outlined by the Office of Edu- the Office of Education, U.S. Depart- cation, U.S. Department of Health, ment of Health, Education, and Welfare Education, and Welfare; and and acceptable by the U.S. Department (iii) His employer has on file with the of Labor. The training program is out- child’s records kept pursuant to part lined in Special Paper No. 8, April 1969, 516 of this title (basically, name, ad- prepared at Michigan State University, dress and date of birth) a copy of a cer- East Lansing, Mich., for the Office of tificate acceptable by the Wage and Education. Copies of this training pro- Hour Division, signed by the Voca- gram outline are available for exam- tional Agriculture teacher who con- ination in the Regional Offices of the ducted the program to the effect that Wage and Hour Division, U.S. Depart- student has completed all the requirement of Labor, and a copy may be ob- ments specified in paragraphs (c)(2)(i) tained from the Office of Education, and (ii) of this section. U.S. Department of Health, Education, (d) Agency review. The provisions of and Welfare, Washington, DC 20202. paragraphs (a), (b), and (c) of this sec- (iv) He has passed both a written test tion will be reviewed and reevaluated and a practical test on tractor safety before January 1, 1972. In addition, de- including a demonstration of his abil- terminations will be made as to wheth- ity to operate safely a tractor with a er the use of protective frames, crush two-wheeled trailed implement on a resistant cabs, and other personal pro- test course similar to that described in tective devices should be made a condi- the Vocational Agriculture Training tion of these exemptions. Program in Safe Tractor Operation, outlined by the Office of Education, [35 FR 221, Jan. 7, 1970. Redesignated at 36 U.S. Department of Health, Education, FR 25156, Dec. 29, 1971] and Welfare; and (v) His employer has on file with the Subpart F [Reserved] child’s records kept pursuant to part 516 of this title (basically, name, ad- Subpart G—General Statements of dress, and date of birth) a copy of a cer- Interpretation of the Child tificate acceptable by the Wage and Hour Division, signed by the Voca- Labor Provisions of the Fair tional Agriculture teacher who con- Labor Standards Act of 1938, ducted the program to the effect that as Amended the student has completed all the requirements specified in paragraphs AUTHORITY: 52 Stat. 1060–1069, as amended; (c)(1)(i) through (iv) of this section. 29 U.S.C. 201–219; 28 U.S.C. 2461 note (Federal

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Civil Penalties Inflation Adjustment Act of oppressive child labor in interstate or 1990); Pub. L. 114–74 at § 701. foreign commerce or in the production of goods for such commerce. The text GENERAL and discussion of this provision appear § 570.101 Introductory statement. in §§ 570.112 and 570.113. Section 3(l) of the Act, which defines the term ‘‘op- (a) This subpart discusses the mean- pressive child labor,’’ is set forth in ing and scope of the child labor provi- § 570.117 and its provisions are discussed sions contained in the Fair Labor in §§ 570.118 to 570.121, inclusive. It will Standards Act, as amended (hereinafter further be noted that the Act provides referred to as the Act). These provi- various specific exemptions from the sions seek to protect the safety, foregoing provisions which are set health, well-being, and opportunities forth and discussed in §§ 570.122 to for schooling of youthful workers and 570.130, inclusive. authorize the Secretary of Labor to issue legally binding orders or regula- [75 FR 28458, May 20, 2010] tions in certain instances and under certain conditions. The child labor pro- § 570.103 Comparison with wage and visions are found in sections 3(1), 11(b), hour provisions. 12, 13 (c) and (d), 15(a)(4), 16(a), and 18 of A comparison of the child labor pro- the Act. They are administered and en- visions with the so-called wage and forced by the Secretary of Labor who hours provisions contained in the Act has delegated to the Wage and Hour Di- discloses some important distinctions vision the duty of making investiga- which should be mentioned. tions to obtain compliance, and of de- (a) The child labor provisions contain veloping standards for the issuance of no requirements in regard to wages. regulations and orders relating to: (1) The wage and hours provisions, on the Hazardous occupations, (2) employment other hand, provide for minimum rates of 14- and 15-year-old children, and (3) of pay for straight time and overtime age certificates. (b) The interpretations of the Sec- pay at a rate not less than one and one- retary contained in this subpart indi- half times the regular rate of pay for cate the construction of the law which overtime hours worked. Except as pro- will guide him in performing his duties vided in certain exemptions contained until he is directed otherwise by au- in the Act, these rates are required to thoritative rulings of the courts or be paid all employees subject to the until he shall subsequently decide that wage and hours provisions, regardless his prior interpretation is incorrect. of their age or sex. The fact therefore, that the employment of a particular [16 FR 7008, July 20, 1951. Redesignated at 28 child is prohibited by the child labor FR 1634, Feb. 21, 1963. Redesignated and provisions or that certain shipments or amended at 36 FR 25156, Dec. 29, 1971] deliveries may be proscribed on ac- § 570.102 General scope of statutory count of such employment, does not re- provisions. lieve the employer of the duties im- The most important of the child posed by the wage and hours provisions labor provisions are contained in sec- to compensate the child in accordance tions 12(a), 12(c), and 3(l) of the Act. with those requirements. Section 12(a) provides that no pro- (b) There are important differences ducer, manufacturer, or dealer shall between the child labor provisions and ship or deliver for shipment in inter- the wage and hours provisions with re- state or foreign commerce any goods spect to their general coverage. As produced in an establishment in or pointed out in § 570.114, two separate about which oppressive child labor was and basically different coverage provi- employed within 30 days before re- sions are contained in section 12 relat- moval of the goods. The full text of ing to child labor. One of these provi- this subsection is set forth in § 570.104 sions (section 12(c)), which applies to and its terms are discussed in §§ 570.105 the employment by an employer of op- to 570.111, inclusive. Section 12(c) pro- pressive child labor in commerce or in hibits any employer from employing the production of goods for commerce,

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is similar to the wage and hours cov- within 30 days prior to the removal of such erage provisions, which include em- goods therefrom any oppressive child labor ployees engaged in commerce or in the has been employed: Provided, That any such production of goods for commerce or shipment or delivery for shipment of such goods by a purchaser who acquired them in employed in enterprises having em- good faith in reliance on written assurance ployees so engaged. The other provi- from the producer, manufacturer, or dealer sion (section 12(a)), however, differs that the goods were produced in compliance fundamentally in its basic concepts of with the requirements of this section, and coverage from the wage and hours pro- who acquired such goods for value without visions, as will be explained in §§ 570.104 notice of any such violation, shall not be to 570.111. deemed prohibited by this subsection: And (c) Another distinction is that the ex- provided further, That a prosecution and conviction of a defendant for the shipment or emptions provided by the Act from the delivery for shipment of any goods under the minimum wage and/or overtime provi- conditions herein prohibited shall be a bar to sions are more numerous and differ any further prosecution against the same de- from the exemptions granted from the fendant for shipments or deliveries for ship- child labor provisions. There are only ment of any such goods before the beginning eight specific child labor exemptions of of said prosecution. which only two apply to the minimum In determining the applicability of this wage and overtime pay requirements as provision, consideration of the mean- well. These are the exemptions for em- ing of the terms used is necessary. ployees engaged in the delivery of These terms are discussed in §§ 570.105 newspapers to the consumer and to 570.111, inclusive. homeworkers engaged in the making of wreaths composed principally of ever- § 570.105 ‘‘Producer, manufacturer, or greens.3 Apart from these two excep- dealer’’. tions, none of the specific exemptions It will be observed that the prohibi- from the minimum wage and/or over- tion of section 12(a) with respect to time pay requirements applies to the certain shipments or deliveries for child labor provisions. However, it shipment is confined to those made by should be noted that the exclusion of producers, manufacturers, and dealers. certain employers by section 3(d) 4 of The terms ‘‘producer, manufacturer, or the Act applies to the child labor provi- dealer’’ used in this provision are not sions as well as the wage and hours expressly defined by the statute. How- provisions. ever, in view of the definition of ‘‘pro- [16 FR 7008, July 20, 1951. Redesignated at 28 duced’’ in section 3(j), for purposes of FR 1634, Feb. 21, 1963. Redesignated and this section a ‘‘producer’’ is considered amended at 36 FR 25156, Dec. 29, 1971; 75 FR to be one who engages in producing, 28458, May 20, 2010] manufacturing, handling or in any other manner working on goods in any COVERAGE OF SECTION 12(a) State. 5 Since manufacturing is consid- § 570.104 General. ered a specialized form of production, the word ‘‘manufacturer’’ does not Section 12(a) of the Act provides as have as broad an application as the follows: word ‘‘producer.’’ Manufacturing gen- No producer, manufacturer, or dealer shall erally involves the transformation of ship or deliver for shipment in commerce raw materials or semifinished goods any goods produced in an establishment situ- into new or different articles. A person ated in the United States in or about which may be considered a ‘‘manufacturer’’ even though his goods are made by 3 Both of these exemptions are contained in hand, as is often true of products made section 13(d) of the FLSA. by homeworkers. Moreover, it is imma- 4 Section 3(d) defines ‘employer‘ as includ- terial whether manufacturing is his ing ‘‘any person acting directly or indirectly sole or main business. Thus, the term in the interest of an employer in relation to an employee and includes a public agency, includes retailers who, in addition to but does not include any labor organization (other than when acting as an employer) or 5 For a discussion of the definition of ‘‘pro- anyone acting in the capacity of officer or duced’’ as it relates to section 12(a), see agent of such labor organization.’’ § 570.108.

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retail selling, engage in such manufac- case of a Detroit manufacturer who de- turing activities as the making of slip- livers his goods in Detroit to a dis- covers or curtains, the baking of bread, tributor who, as the manufacturer is the making of candy, or the making of well aware, will ship the goods into an- window frames. The word ‘‘dealer’’ re- other State. A delivery for shipment in fers to anyone who deals in goods (as commerce may also be made where raw defined in section 3(i) of the Act), 6 in- materials are delivered by their pro- cluding persons engaged in buying, ducer to a manufacturer in the same selling, trading, distributing, deliv- State who converts them into new ering, etc. It includes middlemen, fac- products which are later shipped across tors, brokers, commission merchants, State lines. If the producer in such case wholesalers, retailers and the like. is aware or has reason to believe that the finished products will ultimately § 570.106 ‘‘Ship or deliver for shipment be sent into another State, his delivery in commerce’’. of the raw materials to the manufac- (a) Section 12(a) forbids producers, turer is a delivery for shipment in com- manufacturers, and dealers to ‘‘ship or merce. Another example is a paper box deliver for shipment in commerce’’ the manufacturer who ships a carton of goods referred to therein. A producer, boxes to a fresh fruit or vegetable manufacturer, or dealer may ‘‘ship’’ packing shed within the same State, goods in commerce either by moving with knowledge or reason to believe them himself in interstate or foreign that the boxes will there be filled with commerce or by causing them to so fruits or vegetables and shipped outside move, as by delivery to a carrier. 7 the State. In such case the box manu- Thus, a baker ‘‘ships’’ his bread in facturer has delivered the boxes for commerce whether he carries it in his shipment in commerce. own truck across State lines or sends it by contract or common carrier to his § 570.107 ‘‘Goods’’. 10 customers in other States. The word (a) Section 12(a) prohibits the ship- ‘‘ship’’ must be applied in its ordinary ment or delivery for shipment in com- meaning. For example, it does not merce of ‘‘any goods’’ produced in an apply to the transmission of tele- establishment which were removed graphic messages. 8 within 30 days of the employment there (b) To ‘‘deliver for shipment in com- of oppressive child labor. It should be merce’’ means to surrender the custody noted that the statute does not base of goods to another under such cir- the prohibition of section 12(a) upon cumstances that the person surren- the percentage of an establishment’s dering the goods knows or has reason output which is shipped in commerce. to believe that the goods will later be shipped in commerce. 9 Typical is the (b) The Act furnishes its own definition of ‘‘goods’’ in section 3(i), as follows: 6 See § 570.107. 7 Section 3(b) of the Act defines ‘‘com- Goods means goods (including ships and ma- merce’’ to mean ‘‘trade, commerce, transpor- rine equipment), wares, products, commod- tation, transmission, or communication ities, merchandise, or articles or subjects of among the several States or between any commerce of any character, or any part or State and any place outside thereof.’’ ingredient thereof, but does not include 8 Western Union Telegraph Co. v. Lenroot, 323 goods after their delivery into the actual U.S. 490. physical possession of the ultimate consumer 9 Tobin v. Grant, N. D. Calif., 79 Sup. 975 thereof other than a producer, manufacturer, which was a suit for injunction by the Sec- or processor thereof. retary of Labor against a manufacturer of books and book covers employing oppressive child labor. The facts showed that the manu- though the purchasers acquired title to the factured articles sold by defendant to pur- goods. chasers in the same State had an ultimate 10 The term goods is discussed in more de- out-of-State destination which was manifest tail in part 776 of this title (Interpretative to defendant. The court construed the words Bulletin on the coverage of the wage and ‘‘deliver for shipment in commerce’’ as suffi- hours provisions) issued by the Adminis- ciently broad to cover this situation even trator of the Wage and Hour Division.

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The term includes such things as food- covered for wage and hours purposes stuffs, clothing, machinery, printed regardless of whether his work brings materials, blueprints and also includes him in or near any establishment intangibles such as news, ideas, and in- where the goods are produced. 14 telligence. The statute expressly ex- (b) Since the first word in the defini- cludes goods after their delivery into tion of ‘‘produced’’ repeats the term the actual physical possession of an ul- being defined, it seems clear that the timate consumer other than a pro- first word must carry the meaning that ducer, manufacturer, or processor it has in everyday language. Goods are thereof. Accordingly, such a consumer commonly spoken of as ‘‘produced’’ if may lawfully ship articles in his pos- they have been brought into being as a session although they were ineligible result of the application of work. The for shipments (commonly called ‘‘hot words ‘‘manufactured’’ and ‘‘mined’’ in goods’’) before he received them. 11 the definition refer to special forms of production. The former term is gen- § 570.108 ‘‘Produced’’. erally applied to the products of indus- The word ‘‘produced’’ as used in the try where existing raw materials are Act is defined by section 3(j) to mean: transformed into new or different arti- * * * produced, manufactured, mined, han- cles by the use of industrial methods, dled, or in any other manner worked on in either by the aid of machinery or by any state; * * * 12 manual operations. Mining is a type of productive activity involving the tak- (a) The prohibition of section 12(a) ing of materials from the ground, such cannot apply to a shipment of goods as coal from a coal mine, oil from oil unless those goods (including any part wells, or stone from quarries. The stat- or ingredient thereof) were actually ute also defines the term ‘‘produced’’ ‘‘produced’’ in and removed from an es- to mean ‘‘handled’’ or ‘‘in any other tablishment where oppressive child 15 labor was employed. This provision is manner work on.’’ These words relate applicable even though the under-age not only to operations carried on in the employee does not engage in the pro- course of manufacturing, mining, or duction of the goods themselves if production as commonly described, but somewhere in the establishment in or include as well all kinds of operations about which he is employed goods are which prepare goods for their entry ‘‘produced’’ which are subsequently into the stream of commerce, without shipped or delivered for shipment in regard to whether the goods are to be commerce. In contrast to this restric- further processed or are so-called ‘‘fin- 16 tive requirement of section 12(a), it ished goods.’’ Accordingly, ware- will be noted that the employees cov- houses, fruit and vegetable packing ered under the wage and hours provi- sheds, distribution yards, grain ele- sions as engaged in the production of vators, etc., where goods are sorted, goods for commerce are not limited to those in or about establishments where 14 See part 776 of this title (interpretative such goods are being produced. If the Bulletin on the coverage of the wage and requisite relationship 13 to production hours provisions) issued by the Adminis- trator of the Wage and Hour Division. Also, of such goods is present, an employee is see §§ 570.112 and 570.113. 15 For a more complete discussion of these 11 For a discussion of the exclusionary words, see § 776.16 of part 776 (bulletin on cov- clause in section 3(i) of the Act, see Powell et erage of the wage and hours provisions) of al. v. United States Cartridge Co., 70 S. CT. 755. chapter V of this title. 12 The remaining portion of section 3(j) pro- 16 In Western Union Telegraph Co. v. Lenroot, vides: ‘‘ * * * and for the purposes of this Act 323 U.S. 490, the Supreme Court stated that an employee shall be deemed to have been these words bring within the statutory defi- engaged in the production of goods if such nition ‘‘every step in putting the subject of employee was employed in producing, manu- commerce in a state to enter commerce,’’ in- facturing, mining, handling, transporting, or cluding ‘‘all steps, whether manufacture or in any other manner working on such goods, not, which lead to readiness for putting or in any closely related process or occupa- goods into the stream of commerce’’ and tion directly essential to the production ‘‘every kind of incidental operation pre- thereof, in any State.’’ paratory to putting goods into the stream of 13 See footnote 12. commerce.’’

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graded, stored, packed, labeled or oth- termination of the area contained in a erwise handled or worked on in prepa- single establishment must be based ration for their shipment out of the upon the facts of each individual situa- State are producing establishments for tion. Facts which are particularly per- purposes of section 12(a). 17 However, tinent in this connection, however, are the handling or working on goods, per- those which relate to the physical formed by employees of carriers which characteristics and the manner of oper- accomplishes the interstate transit or ation and control of the business. movement in commerce itself, does not Sometimes, an establishment may ex- constitute production under the Act. 18 tend over an area of several square miles as is common with farms, logging § 570.109 ‘‘Establishment situated in enterprises, mines, and quarries. On the United States’’. the other hand, it may be confined to a (a)(1) The statute does not expressly few square feet. A typical illustration define ‘‘establishment.’’ Accordingly, of this is a loft building that houses the term should be given a meaning the workshops of hundreds of inde- which is not only consistent with its pendent manufacturing firms. Each of ordinary usage, but also designed to ac- the workshops is, for purposes of this complish the general purposes of the section, a separate establishment. Act. As normally used in business and (3) Similar principles are applicable in Government, the word ‘‘establish- in determining whether several build- ment’’ refers to a distinct physical ings located on the same premises con- place of business. This is the meaning stitute one establishment or more than attributed to the term as it is used in one. For example, where several fac- section 13(a)(2) of the Act. 19 Since the tory buildings are located on the same establishments covered under section premises and owned and operated by 12(a) of the Act are those in which the same person, they are generally to goods are produced, the term ‘‘estab- be considered as a single establish- lishment’’ there refers to a physical ment. On the other hand, factory build- place where goods are produced. Typ- ings located on the same premises, but ical producing establishments are in- owned and operated by different per- dustrial plants, mines, quarries, and sons, will not ordinarily be treated as a the like. The producing establishment, single establishment. Where the sev- however, need not have a permanently eral factories, however, are engaged in fixed location as is the case with a fac- a joint productive enterprise, they may tory or mine. A boat, for instance, constitute a single establishment. This where productive activities such as is the case, for example, where a large catching or canning fish are carried on shipyard contains the plants of a num- is considered a producing establish- ber of subcontractors who are engaged ment for purposes of section 12(a). in making parts or equipment for the (2) Frequently, questions arise as to boats that are built in the yard. what should be considered a single es- (b) The phrase ‘‘situated in the tablishment. No hard and fast rule can United States’’ is construed to include be laid down which will fix the area of any of the 50 States or the District of all establishments. Accordingly, a de- Columbia or any Territory or possession of the United States. 17 Lenroot v. Kemp and Lenroot v. Hazlehurst Mercantile Co., 153 F. 2d 153 (C.A. 5), where § 570.110 ‘‘In or about’’. the court directed issuance of injunctions to restrain violations of the child labor provi- (a) Section 12(a) excludes from the sions by operators of vegetable packing channels of interstate commerce goods sheds at which they bought, then washed, produced in an establishment ‘‘in or sorted, crated, and packed cabbage and to- about’’ which oppressive child labor matoes for shipment in interstate commerce. has been employed. In a great many 18 Western Union Telegraph Co. v. Lenroot, situations it is obviously easy to deter- 323 U.S. 490. mine whether a minor is employed 19 A. H. Phillips, Inc. v. Walling, 324 U.S. 490. See part 779 (bulletin on the retail and serv- ‘‘in’’ an establishment. Thus, he is so ice establishment exemption from the wage employed where he performs his occu- and hours provisions) of chapter V of this pational duties on the premises of the title. producing establishment. Furthermore,

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a minor is also considered as employed tablishments are contiguous. But in in an establishment where he performs other situations the distance between most of his duties off the premises but the producing establishment and the is regularly required to perform certain minor’s place of employment may be a occupational duties in the establish- decisive factor. Thus, a minor em- ment, such as loading or unloading a ployed in clearing rights-of-way for truck, checking in or out, or washing power lines many miles away from the windows. This is true in such cases power plant cannot well be said to be even though the minor is employed by employed ‘‘in or about’’ such establish- someone other than the owner or oper- ment. In view of the great variety of ator of the particular establishment. establishments and employments, how- On the other hand, a minor is not con- ever, no hard and fast rule can be laid sidered to be employed in an establish- down which will once and for all distin- ment other than his employer’s merely guish between employments that are because such establishment is visited ‘‘about’’ an establishment and those by him for brief periods of time and for that are not. Therefore, each case must the sole purpose of picking up or deliv- be determined on its own merits. In de- ering a message or other small article. termining whether a particular em- (b) If, in the light of the statements ployment is ‘‘about’’ an establishment, in paragraph (a) of this section, the consideration of the following factors minor cannot be considered as em- should prove helpful: ployed in the establishment, he may, (1) Actual distance between the pro- nevertherless, be employed ‘‘about’’ it ducing establishment and the minor’s if he performs his occupational duties place of employment; sufficiently close in proximity to the (2) Nature of the establishment; actual place of production to fall with- (3) Ownership or control of the prem- in the commonly understood meaning ises involved; of the term ‘‘about.’’ This would be (4) Nature of the minor’s activities in true in a situation where the foregoing relation to the establishment’s pur- proximity test is met and the occupa- pose; tion of the minor is directly related to (5) Identity of the minor’s employer the activities carried on in the pro- and the establishment’s owner; ducing establishment, in this connec- (6) Extent of control by the pro- tion, occupations are considered suffi- ducing establishment’s owner over the ciently related to the activities carried minor’s employment. on in the producing establishment to meet the second test above at least § 570.111 Removal ‘‘within 30 days’’. where the requisite relationship to pro- According to section 12(a) goods production of goods exists within the duced in an establishment in or about meaning of section 3(j) of the Act. 20 By which oppressive child labor has been way of example, a driver’s helper em- employed are barred as ‘‘hot goods’’ ployed to assist in the distribution of from being shipped or delivered for the products of a bottling company shipment in commerce in the following who regularly boards the delivery two situations: First, if they were re- truck immediately outside the prem- moved from the establishment while ises of the bottling plant is considered any oppressive child labor was still employed ‘‘in or about’’ such establish- being employed in or about it; second, ment, without regard to whether he if they were removed from an estab- ever enters the plant itself. On the lishment in or about which oppressive other hand, employees working en- child labor was no longer employed but tirely within one establishment are not less than 30 days had then elapsed since considered to be employed ‘‘in or any such employment of oppressive about’’ a wholly different establish- child labor came to an end. Once any ment occupying separate premises and goods have been removed from a pro- operated by another employer. This ducing establishment within the above- would be true even though the two es- mentioned thirty-day period, they are barred at any time theafter from being 20 See part 776 (bulletin on coverage of the shipped or delivered for shipment in wage and hours provisions) of this title. commerce so long as they remain

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‘‘goods’’ for purposes of the Act. 21 and (2) the employment of such oppres- Goods are considered removed from an sive child labor in activities or enter- establishment just as soon as they are prises which are in commerce or in the taken away from the establishment as production of goods for commerce that term has been defined. 22 The stat- within the meaning of the Act. ute does not require that this ‘‘re- [36 FR 25156, Dec. 29, 1971] moval’’ from the establishment be made for the purpose or in the course § 570.113 Employment ‘‘in commerce or of a shipment or delivery for shipment in the production of goods for com- in commerce. A ‘‘removal’’ within the merce’’. meaning of the statute also takes place (a) The term ‘‘employ’’ is broadly de- where the goods are removed from the fined in section 3(g) of the Act to in- establishment for some other purpose clude ‘‘to suffer or permit to work.’’ such as storage, the granting of a lien The Act expressly provides that the or other security interest, or further term ‘‘employer’’ includes ‘‘any person processing. acting directly or indirectly in the in- [16 FR 7008, July 20, 1951, as amended at 23 terest of an employer in relation to an FR 6240, Aug. 14, 1958. Redesignated at 28 FR employee’’. The nature of an employer- 1634, Feb. 21, 1963. Redesignated and amended employee relationship is ordinarily to at 36 FR 25156, Dec. 29, 1971; 75 FR 28458, May be determined not solely on the basis 20, 2010] of the contractual relationship between the parties but also in the light of all COVERAGE OF SECTION 12(c) the facts and circumstances. Moreover, § 570.112 General. the terms ‘‘employer’’ and ‘‘employ’’ as used in the Act are broader than the (a) Section 12(c) of the Act provides common-law concept of employment as follows: and must be interpreted broadly in the No employer shall employ any oppressive light of the mischief to be corrected. child labor in commerce or in the production Thus, neither the technical relation- of goods for commerce or in an enterprise en- ship between the parties nor the fact gaged in commerce or in the production of that the minor is unsupervised or re- goods for commerce. ceives no compensation is controlling (b) This provision, which was added in determining whether an employer- by amendments of 1949 and 1961 to the employee relationship exists for pur- Act, broadens child labor coverage to poses of section 12(c) of the Act. How- include employment in commerce. ever, these are matters which should be Moreover, it establishes a direct prohi- considered along with all other facts bition of the employment of oppressive and circumstances surrounding the re- child labor in commerce or in the pro- lationship of the parties in arriving at duction of goods for commerce. The such determination. The words ‘‘suffer legislative history pertaining to this or permit to work’’ include those who provision leads to the conclusion that suffer by a failure to hinder and those Congress intend its application to be who permit by acquiescence in addition generally consistent with that of wage to those who employ by oral or written and hours coverage provisions. The ap- contract. A typical illustration of em- plication of the provision depends on ployment of oppressive child labor by the existence of two necessary ele- suffering or permitting an under-aged ments: (1) The employment of ‘‘oppres- minor to work is that of an employer sive child labor’’ 24 by some employer who knows that his employee is uti- lizing the services of such a minor as a 21 However, section 12(a) contains a provi- helper or substitute in performing his sion relieving innocent purchasers from li- employer’s work. If the employer ac- ability thereunder provided certain condi- quiesces in the practice or fails to exer- tions are met. For a discussion of this provi- cise his power to hinder it, he is him- sion, see § 570.141. self suffering or permitting the helper 22 For a discussion of the meaning of ‘‘es- to work and is, therefore, employing tablishment,’’ see § 570.109. 23 [Reserved] him, within the meaning of the Act. 24 ‘‘Oppressive child labor’’ is discussed in §§ 570.117 to 570.121, inclusive. 25 [Reserved]

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Where employment does exist within different methods for determining the the meaning of the Act, it must, of employees who are covered thereby. course, be in commerce or in the pro- Thus, subsection (a) may be said to duction of goods for commerce or in an apply to young workers on an ‘‘estab- enterprise engaged in commerce or in lishment’’ basis. If the standards for the production of goods for commerce child labor are not observed in the em- in order for section 12(c) to be applica- ployment of minors in or about an es- ble. tablishment where goods are produced (b) As previously indicated, the scope and from which such goods are re- of coverage of section 12(c) of the Act moved within the statutory 30-day pe- is, in general, coextensive with that of riod, it becomes unlawful for any pro- the wage and hours provisions. The ducer, manufacturer, or dealer (other basis for this conclusion is provided by than an innocent purchaser who is in the similarity in the language used in compliance with the requirements for a the respective provisions and by state- good faith defense as provided in the ments appearing in the legislative his- subsection) to ship or deliver those tory concerning the intended effect of goods for shipment in commerce. It is the addition of section 12(c). Accord- not necessary for the minor himself to ingly, it may be generally stated that have been employed by the producer of employees considered to be within the such goods or in their production in scope of the phrases ‘‘in commerce or order for the ban to apply. On the other in the production of goods for com- hand, whether the employment of a merce’’ for purposes of the wage and particular minor below the applicable hours provisions are also included age standard will subject his employer within the identical phrases used in to the prohibition of subsection (c) is section 12(c). To avoid needless repeti- dependent upon the minor himself tion, reference is herein made to the being employed in commerce or in the full discussion of principles relating to production of goods for commerce, or the general coverage of the wage and in an enterprise engaged in commerce hours provisions contained in parts 776 or in production of goods for commerce and 779 of this chapter. In this connec- within the meaning of the Act. If such tion, however, it should be borne in a minor is so employed by his employer mind that lack of coverage under the and is not specifically exempt from the wage and hours provisions or under child labor provisions then his employ- section 12(c) does not necessarily pre- ment under such circumstances con- clude the applicability of section 12(a) stitutes a violation of section 12(c) re- of the Act. 26 gardless of where he may be employed or what his employer may do. More- [36 FR 25156, Dec. 29, 1971] over, a violation of section 12(c) occurs JOINT AND SEPARATE APPLICABILITY OF under the foregoing circumstances SECTIONS 12(a) AND 12(c) without regard to whether there is a ‘‘removal’’ of goods or a shipment or § 570.114 General. delivery for shipment in commerce. It should be noted that section 12(a) [36 FR 25157, Dec. 29, 1971] does not directly outlaw the employment of oppressive child labor. Instead, § 570.115 Joint applicability. it prohibits the shipment or delivery The child labor coverage provisions for shipment in interstate or foreign contained in sections 12(a) and 12(c) of commerce of goods produced in an es- the Act may be jointly applicable in tablishment where oppressive child certain situations. For example, a labor has been employed within 30 days manufacturer of women’s dresses who before removal of the goods. Section ships them in interstate commerce, 12(c), on the other hand, is a direct pro- employs a minor under 16 years of age hibition against the employment of op- who gathers and bundles scraps of ma- pressive child labor in commerce, or in terial in the cutting room of the plant. the production of goods for commerce. Since the employment of the minor Moreover, the two subsections provide under such circumstances constitutes oppressive child labor and involves the 26 See § 570.116 production of goods for commerce, the

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direct prohibition of section 12(c) is ap- oppressive child labor is employed in plicable to the case. In addition, sec- occupations closely related and dition 12(a) also applies to the manufac- rectly essential to the production of turer if the dresses are removed from goods in a separate establishment and the establishment during the course of therefore covered by section 12(c) but the minor’s employment or within 30 due to the fact that none of the goods days thereafter. To illustrate further, produced in the establishment where suppose that a transportation company the minors work are ever shipped or de- employs a 17-year-old boy as helper on livered for shipment in commerce ei- a truck used for hauling materials be- ther in the same form or as a part or tween railroads and the plants of its ingredient of other goods, coverage of customers who are engaged in pro- section 12(a) is lacking. An illustration ducing goods for shipment in com- of this type of situation would be the merce. The employment of the minor employment of a minor under the ap- as helper on a truck is oppressive child plicable age minimum in a plant en- labor because such occupation has been gaged in the production of electricity declared particularly hazardous by the which is sold and consumed exclusively Secretary for children between 16 and within the same State and some of 18 years of age. Since his occupation which is used by establishments in the involves the transportation of goods production of goods for commerce. which are moving in interstate com- [36 FR 25157, Dec. 29, 1971] merce, his employment in such occupation by the transportation company is, OPPRESSIVE CHILD LABOR therefore, directly prohibited by the terms of section 12(c). If the minor’s § 570.117 General. duties in this case should, for example, (a) Section 3(1) of the Act defines include loading and unloading the ‘‘oppressive child labor’’ as follows: truck at the establishments of the cus- Oppressive child labor means a condition of tomers of his employer, then the provi- employment under which (1) any employee sions of section 12(a) might be applica- under the age of sixteen years is employed ble with respect to such customers. by an employer (other than a parent or a This would be true where any goods person standing in place of a parent employ- which they produce and ship in com- ing his own child or a child in his custody merce are removed from the producing under the age of sixteen years in an occupa- establishment within 30 days after the tion other than manufacturing or mining or an occupation found by the Secretary of minor’s employment there. Labor to be particularly hazardous for the employment of children between the ages of § 570.116 Separate applicability. sixteen and eighteen years or detrimental to There are situations where section their health or well-being) in any occupa- 12(c) does not apply because the minor tion, or (2) any employee between the ages of himself is not considered employed in sixteen and eighteen years is employed by an employer in any occupation which the Sec- commerce or in the production of goods retary of Labor shall find and by order de- for commerce. This does not exclude clare to be particularly hazardous for the the possibility of coverage under the employment of children between such ages provisions of section 12(a), however. In or detrimental to their health or well-being, those cases where oppressive child but oppressive child labor shall not be labor is employed in commerce but not deemed to exist by virtue of the employment in or about a producing establishment, in any occupation of any person with respect coverage exists under section 12(c) but to whom the employer shall have on file an unexpired certificate issued and held pursu- not under the provisions of section ant to regulations of the Secretary of Labor 12(a). The employment of telegraph certifying that such person is above the op- messengers under 16 years of age would pressive child labor age. The Secretary of normally involve this type of situa- Labor shall provide by regulation or by order tion. 27 There may also be cases where that the employment of employees between the ages of fourteen and sixteen years in occupations other than manufacturing and 27 In ‘‘Western Union Telegraph Co. v. Lenroot,’’ 323 U.S. 490, the court held section 12(a) inapplicable to Western Union on the ‘‘produce’’ or ‘‘ship’’ goods within the mean- grounds that the company does not ing of that subsection.

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mining shall not be deemed to constitute op- that such employment is confined to pressive child labor if and to the extent that periods that will not interfere with the the Secretary of Labor determines that such minors’ schooling and to conditions employment is confined to periods which will not interfere with their schooling and to that will not interfere with their conditions which will not interfere with health and well-being. Pursuant to this their health and well-being. authority, the Secretary has detailed in § 570.34 all those occupations in (b) It will be noted that the term in- which 14- and 15-year-olds may be em- cludes generally the employment of ployed when the work is performed young workers under the age of 16 outside school hours and is confined to years in any occupation. In addition, other specified limits. The Secretary, the term includes employment of mi- in order to provide clarity and assist nors 16 and 17 years of age by an em- employers in attaining compliance, has ployer in any occupation which the listed in § 570.33 certain prohibited oc- Secretary finds and declares to be par- cupations that, over the years, have ticularly hazardous for the employ- been the frequent subject of questions ment of children of such ages or detri- or violations. The list of occupations in mental to their health or well-being. § 570.33 is not exhaustive. The Sec- Authority is also given the Secretary retary has also set forth, in § 570.35, ad- to issue orders or regulations permit- ditional conditions that limit the peri- ting the employment of children 14 and ods during which 14- and 15-year-olds 15 years of age in nonmanufacturing may be employed. The employment of and nonmining occupations where he minors under 14 years of age is not per- determines that such employment is missible under any circumstances if confined to periods which will not the employment is covered by the child interfere with their schooling and to labor provisions and not specifically conditions which will not interfere exempt. with their health and well-being. The subsection further provides for the [75 FR 28458, May 20, 2010] issuance of age certificates pursuant to regulations of the Secretary which will § 570.120 Eighteen-year minimum. protect an employer from unwitting To protect young workers from haz- employment of oppressive child labor. ardous employment, the FLSA provides for a minimum age of 18 years in § 570.118 Sixteen-year minimum. occupations found and declared by the The Act sets a 16-year-age minimum Secretary to be particularly hazardous for employment in manufacturing or or detrimental to the health or well- mining occupations, although under being for minors 16 and 17 years of age. FLSA section 13(c)(7), certain youth Hazardous occupations orders are the between the ages of 14 and 18 may, means through which occupations are under specific conditions, be employed declared to be particularly hazardous inside and outside of places of business for minors. Since 1995, the promulga- that use power-driven machinery to tion and amendment of the hazardous process wood products. Furthermore, occupations orders have been effec- the 16-year-age minimum for employ- tuated under the Administrative Pro- ment is applicable to employment in cedure Act (APA), 5 U.S.C. 551 et seq. all other occupations unless otherwise The effect of these orders is to raise provided by regulation or order issued the minimum age for employment to 18 by the Secretary. years in the occupations covered. Sev- enteen orders, published in subpart E [75 FR 28458, May 20, 2010] of this part, have thus far been issued § 570.119 Fourteen-year minimum. under the FLSA and are now in effect. With respect to employment in occu- [75 FR 28458, May 20, 2010] pations other than manufacturing and mining and in accordance with the pro- § 570.121 Age certificates. visions of FLSA section 13(c)(7), the (a) To protect an employer from un- Secretary is authorized to issue regula- witting violation of the minimum age tions or orders lowering the age min- standards, it is provided in section imum to 14 years where he or she finds 3(1)(2) of the Act that ‘‘oppressive child

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labor shall not be deemed to exist by (1) Employment of children in agri- virtue of the employment in any occu- culture outside of school hours for the pation of any person with respect to school district where they live while so whom the employer shall have on file employed; an unexpired certificate issued and (2) Employment of employees en- held pursuant to regulations of the gaged in the delivery of newspapers to Secretary of Labor certifying that such the consumer; person is above the oppressive child (3) Employment of children as actors labor age.’’ An age certificate is a or performers in motion pictures or in statement of a minor’s age issued theatrical, radio, or television produc- under regulations of the Secretary tions; (Child Labor Regulation No. 1), 31 based (4) Employment by a parent or a per- on the best available documentary evi- son standing in a parent’s place of his dence of age, and carrying the signa- own child or a child in his custody tures of the minor and the issuing offi- under the age of sixteen years in any cer. Its purpose is to furnish an em- occupation other than manufacturing, ployer with reliable proof of the age of mining, or an occupation found by the a minor employee in order that he Secretary to be particularly hazardous may, as specifically provided by the for the employment of children be- act, protect himself against uninten- tween the ages of sixteen and eighteen tional violation of the child labor pro- years or detrimental to their health or visions. Pursuant to the regulations of well-being. the Secretary, State employment or (5) Employment of homeworkers en- age certificates are accepted as proof of gaged in the making of evergreen age in 45 States, the District of Colum- wreaths, including the harvesting of bia, and Puerto Rico, and Federal cer- the evergreens or other forest products tificates of age in Idaho, Mississippi, used in making such wreaths. South Carolina and Texas. If there is a (6) Employment of 16- and 17-year- possibility that the minor whom he in- olds to load, but not operate or unload, tends to employ is below the applicable certain scrap paper balers and paper age minimum for the occupation in box compactors under specified condi- which he is to be employed, the em- tions. ployer should obtain an age certificate (7) Employment of 17-year-olds to for him. perform limited driving of cars and (b) It should be noted that the age trucks during daylight hours under certificate furnishes protection to the specified conditions. employer as provided by the act only if (8) Employment of youths between it shows the minor to be above the the ages of 14 and 18 years who, by stat- minimum age applicable thereunder to ute or judicial order, are excused from the occupation in which he is em- compulsory school attendance beyond ployed. Thus, a State certificate which the eighth grade, under specified condi- shows a minor’s age to be above the tions, in places of business that use minimum required by State law for the power-driven machinery to process occupation in which he is employed wood products. does not protect his employer for pur- (b) When interpreting these provi- poses of the Fair Labor Standards Act sions, the Secretary will be guided by unless the age shown on such certifi- the principle that such exemptions cate is also above the minimum pro- should be narrowly construed and their vided under that act for such occupa- application limited to those employees tion. who are plainly and unmistakably within their terms. Thus, the fact that EXEMPTIONS a child’s occupation involves the performance of work which is considered § 570.122 General. exempt from the child labor provisions (a) Specific exemptions from the will not relieve his employer from the child labor requirements of the Act are requirements of section 12(c) or the provided for: producer, manufacturer, or dealer from the requirements of section 12(a) if, 31 Subpart A of this part. during the course of his employment,

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the child spends any part of his time pends in general upon whether such doing work which is covered but not so employment conflict with school hours exempt. for the locality where the child lives. [75 FR 28459, May 20, 2010] Since the phrase ‘‘school hours’’ is not defined in the Act, it must be given the § 570.123 Agriculture. meaning that it has in ordinary speech. (a) Section 13(c) of the Act provides Moreover, it will be noted that the an exemption from the child labor pro- statute speaks of school hours ‘‘for the visions for ‘‘any employee employed in school district’’ rather than for the in- agriculture outside of school hours for dividual child. Thus, the provision does the school district where such em- not depend for its application upon the ployee is living while he is so em- individual student’s requirements for ployed.’’ This is the only exemption attendance at school. For example, if from the child labor provisions relating an individual student is excused from to agriculture or the products of agri- his studies for a day or a part of a day culture. The various agricultural ex- by the superintendent or the school emptions provided by sections 7(b)(3), board, the exemption would not apply 7(c), 13(a)(6), 13(a)(10) and 13(b)(5) from if school was in session then. ‘‘Outside all or part of the minimum wage and of school hours’’ generally may be said overtime pay requirements are not ap- to refer to such periods as before or plicable to the child labor provisions. after school hours, holidays, summer This exemption, it will be noted, is vacation, Sundays, or any other days limited to periods outside of school on which the school for the district in hours in contrast to the complete ex- which the minor lives does not assem- emption for employment in ‘‘agri- ble. Since ‘‘school hours for the school culture’’ under the wage and hours pro- district’’ do not apply to minors who visions. Under the original act, the ex- have graduated from high school, the emption became operative whenever entire year would be considered ‘‘out- the applicable State law did not re- side of school hours’’ and, therefore, quire the minor to attend school. The their employment in agriculture would legislative history clearly indicates be permitted at any time. While it is that in amending this provision, Con- the position of the Department that a gress sought to establish a clearer and minor who leaves one district where simpler test for permissive employ- schools are closed and who moves into ment which could be applied without and lives in another district where the necessity of exploring State legal schools are in session may not work requirements regarding school attend- during the hours that schools are in ance in the particular State. It recog- session in the new district, it will not nized that the original provision fell be asserted that this position prevents short of achieving the objective of per- the employment of a minor in a dis- mitting agricultural work only so long trict where schools are in session, if as it did not infringe upon the oppor- the school last attended by the minor tunity of children for education. By re- has closed for summer vacation. As a casting the exemption on an ‘‘outside reasonable precaution, however, no em- of school hours’’ basis, Congress in- ployer should employ a child under tended to provide a test which could be such circumstances before May 15, and more effectively applied toward car- after that date he should do so only if rying out this purpose. he is shown by the minor satisfactory (b) The applicability of the exemption to employment in agriculture as cultural commodities in section 15(g) of the 32 defined in section 3(f) of the Act de- Agricultural Marketing Act, as amended), the raising of livestock, bees, fur-bearing 32 Agriculture as defined in section 3(f) in- animals, or poultry, and any practices (includes ‘‘farming in all its branches and cluding any forestry, or lumbering oper- among other things includes the cultivation ations) performed by a farmer or on a farm and tillage of the soil, dairying, the produc- as an incident to or in conjunction with such tion, cultivation, growing, and harvesting of farming operations, including preparation any agricultural or horticultural commod- for market, delivery to storage or to market ities (including commodities defined as agri- or to carriers for transportation to market.’’

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evidence in the form of a written state- actor or performer in motion pictures ment signed by a school official stating or theatrical productions, or in radio that the school with which he is con- or television productions.’’ The term nected is the one last attended by the ‘‘performer’’ used in this provision is minor and that the school is closed for obviously more inclusive than the term summer vacation. Such statement ‘‘actor.’’ In regulations issued pursuant should contain the minor’s name, the to section 7(d)(3) of the Act, the Ad- name and address of the school, the ministrator of the Wage and Hour Divi- date the school closed for the current sion has defined a ‘‘performer’’ on radio year, the date the statement was and television programs for purposes of signed, and the title of the school offi- that section. 34 The Secretary will fol- cial signing the statement. low this definition in determining (c) Attention is directed to the fact whether a child is employed as a ‘‘* * * that by virtue of the parental exemp- performer * * * in radio or television tion provided in section 3(1) of the Act, productions’’ for purposes of this ex- children under 16 years of age are per- emption. Moreover, in many situations mitted to work, for their parents on the definition will be helpful in deter- their parents’ farms at any time pro- mining whether a child qualifies as a vided they are not employed in a man- ‘‘* * * performer in motion pictures or ufacturing or mining occupation. theatrical productions * * *’’ within (d) The orders (subpart E of this part) the meaning of the exemption. declaring certain occupations to be particularly hazardous for the employ- § 570.126 Parental exemption. ment of minors between 16 and 18 years By the parenthetical phrase included of age or detrimental to their health or in section 3(l)(1) of the Act, a parent or well-being do not apply to employment a person standing in place of a parent in agriculture, pending study as to the may employ his own child or a child in hazardous or detrimental nature of oc- his custody under the age of 16 years in cupations in agriculture. 33 any occupation other than the fol- [16 FR 7008, July 20, 1951, as amended at 23 lowing: (a) Manufacturing; (b) mining; FR 3062, May 8, 1958. Redesignated at 28 FR (c) an occupation found by the Sec- 1634, Feb. 21, 1963. Redesignated and amended retary to be particularly hazardous or at 36 FR 25156, Dec. 29, 1971] detrimental to health or well-being for § 570.124 Delivery of newspapers. children between the ages of 16 and 18 years. This exemption may apply only Section 13(d) of the Act provides an in those cases where the child is exclu- exemption from the child labor as well sively employed by his parent or a per- as the wage and hours provisions for son standing in his parents’ place. employees engaged in the delivery of Thus, where a child assists his father newspapers to the consumer. This provision applies to carriers engaged in 34 Section 550.2(b) of this title provides: making deliveries to the homes of sub- (b) The term ‘‘performer’’ shall mean a per- scribers or other consumers of news- son who performs a distinctive, personalized papers (including shopping news). It service as a part of an actual broadcast or also includes employees engaged in the telecast including an actor, singer, dancer, street sale or delivery of newspapers to musician, comedian, or any person who en- the consumer. However, employees en- tertains, affords amusement to, or occupies gaged in hauling newspapers to drop the interest of a radio or television audience stations, distributing centers, news- by acting, singing, dancing, reading, nar- rating, performing feats of skill, or announc- stands, etc., do not come within the ex- ing, or describing or relating facts, events emption because they do not deliver to and other matters of interest, and who ac- the consumer. tively participates in such capacity in the actual presentation of a radio or television § 570.125 Actors and performers. program. It shall not include such persons as Section 13(c) of the Act provides an script writers, stand-ins, or directors who exemption from the child labor provi- are neither seen nor heard by the radio or television audience; nor shall it include per- sions for ‘‘any child employed as an sons who participate in the broadcast or telecast purely as technicians such as engi- 33 See note to subpart E of this part. neers, electricians and stage hands.

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in performing work for the latter’s em- as protective of the safety of young ployer and the child is considered to be workers as the ANSI standard named employed both by his father and his fa- in the statute. ther’s employer, the parental exemp- (b) These standards have been incor- tion would not be applicable. The porated into these regulations by ref- words ‘‘parent’’ or a ‘‘person standing erence by the FEDERAL REGISTER as in place of a parent’’ include natural discussed in § 570.63. In addition, the parents, or any other person, where the scrap paper baler or paper box com- relationship between that person and a pactor must include an on-off switch child is such that the person may be incorporating a key-lock or other sys- said to stand in place of a parent. For tem and the control of the system example, one who takes a child into his must be maintained in the custody of home and treats it as a member of his employees who are at least 18 years of own family, educating and supporting age. The on-off switch of the scrap the child as if it were his own, is gen- paper baler or paper box compactor erally said to stand to the child in must be maintained in an off position place of a parent. It should further be when the machine is not in operation. noted that occupations found by the Furthermore, the employer must also Secretary to be hazardous or detri- post a notice on the scrap paper baler mental to health or well-being for chil- or paper box compactor that conveys dren between 16 and 18 years of age, as certain information, including the well as manufacturing and mining oc- identification of the applicable ANSI cupations, are specifically excluded standard that the equipment meets, from the scope of the exemption. that 16- and 17-year-old employees may only load the scrap paper baler or § 570.127 Homeworkers engaged in the paper box compactor, and that no em- making of evergreen wreaths. ployee under the age of 18 may operate FLSA section 13(d) provides an ex- or unload the scrap paper baler or emption from the child labor provi- paper box compactor. sions, as well as the minimum wage [75 FR 28459, May 20, 2010] and overtime provisions, for homeworkers engaged in the making of § 570.129 Limited driving of auto- wreaths composed principally of nat- mobiles and trucks by 17-year-olds. ural holly, pine, cedar, or other ever- Section 13(c)(6) of the FLSA provides greens (including the harvesting of the an exemption for 17-year-olds, but not evergreens or other forest products 16-year-olds, who, as part of their em- used in making such wreaths). ployment, perform the occasional and [75 FR 28459, May 20, 2010] incidental driving of automobiles and trucks on public highways under speci- § 570.128 Loading of certain scrap fied conditions. These specific condi- paper balers and paper box com- tions, which are contained in HO 2 pactors. (§ 570.52), include that the automobile (a) Section 13(c)(5) of the FLSA pro- or truck may not exceed 6,000 pounds vides for an exemption from the child gross vehicle weight, the driving must labor provisions for the employment of be restricted to daylight hours, the ve- 16- and 17-year-olds to load, but not op- hicle must be equipped with a seat belt erate or unload, certain power-driven or similar restraining device for the scrap paper balers and paper box com- driver and for any passengers, and the pactors under certain conditions. The employer must instruct the employee provisions of this exemption, which are that such belts or other devices must contained in HO 12 (§ 570.63) include be used. In addition, the 17-year-old that the scrap paper baler or com- must hold a State license valid for the pactor meet an applicable standard es- type of driving involved in the job, tablished by the American National have successfully completed a State- Standards Institute (ANSI) and identi- approved driver education course, and fied in the statute, or a more recent have no records of any moving viola- ANSI standard that the Secretary of tions at the time of his or her hire. The Labor has found, incorporated by ref- exemption also prohibits the minor erence (see § 570.63), and declared to be from performing any driving involving

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the towing of vehicles; route deliveries ENFORCEMENT or route sales; the transportation for hire of property, goods, or passengers; § 570.140 General. urgent, time-sensitive deliveries; or (a) Section 15(a)(4) of the Act makes the transporting of more than three any violation of the provisions of sec- passengers at any one time. The ex- tions 12(a) or 12(c) unlawful. Any such emption also places limitations on the unlawful act or practice may be en- number of trips the 17-year-old may joined by the United States District make each day and restricts the driv- Courts under section 17 upon court ac- ing to a 30-mile radius of the minor’s tion, filed by the Secretary pursuant to place of employment. section 12(b) and, if willful will subject the offender to the criminal penalties [75 FR 28459, May 20, 2010] provided in section 16(a) of the Act. Section 16(a) provides that any person § 570.130 Employment of certain youth who willfully violates any of the provi- inside and outside of places of busi- sions of section 15 shall upon convic- ness that use power-driven machin- tion thereof be subject to a fine of not ery to process wood products. more than $10,000, or to imprisonment Section 13(c)(7) of the FLSA provides for not more than six months, or both. a limited exemption from the child No person shall be imprisoned under labor provisions for certain youths be- this subsection except for an offense tween the ages of 14 and 18 years who, committed after the conviction of such by statute or judicial order, are ex- person for a prior offense under this cused from compulsory school attend- subsection. ance beyond the eighth grade, that per- (b) In addition, FLSA section 16(e) mits their employment inside and out- states that any person who violates the side of places of business that use provisions of FLSA sections 12 or 13(c), power-driven machinery to process relating to child labor, or any regulations issued under those sections, shall wood products. The provisions of this be subject to a civil penalty, not to ex- exemption are contained in subpart C ceed: of this part (§ 570.34(m)) and HO 4 (1) $13,072 for each employee who was (§ 570.54). Although the exemption al- the subject of such a violation; or lows certain youths between the ages (2) $59,413 with regard to each such of 14 and 18 years to be employed inside violation that causes the death or seri- and outside of places of business that ous injury of any employee under the use power-driven machines to process age of 18 years, which penalty may be wood products, it does so only if such doubled where the violation is repeated youths do not operate or assist in the or willful. operation of power-driven woodworking (c) Part 579 of this chapter, Child machines. The exemption also requires Labor Violations—Civil Money Penalties, that the youth be supervised by an provides for the issuance of the notice adult relative or by an adult member of of civil money penalties for any viola- the same religious sect as the youth. tion of FLSA sections 12 or 13(c) relat- The youth must also be protected from ing to child labor. Part 580 of this chap- wood particles or other flying debris ter, Civil Money Penalties—Procedures within the workplace by a barrier ap- for Assessing and Contesting Penalties, propriate to the potential hazard of describes the administrative process such wood particles or flying debris or for assessment and resolution of the by maintaining a sufficient distance civil money penalties. When a civil from machinery in operation. For the money penalty is assessed against an employer for a child labor violation, exemption to apply, the youth must the employer has the right, within 15 also be required to use personal protec- days after receipt of the notice of such tive equipment to prevent exposure to penalty, to file an exception to the de- excessive levels of noise and sawdust. termination that the violation or vio- [75 FR 28460, May 20, 2010] lations occurred. When such an exception is filed with the office making the assessment, the matter is referred to

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the Chief Administrative Law Judge, applicable to the same employment. and a formal hearing is scheduled. At Furthermore, any administrative ac- such a hearing, the employer or an at- tion pursuant to other laws, such as torney retained by the employer may the issuance of a work permit to a present such witnesses, introduce such minor or the referral by an employ- evidence and establish such facts as the ment agency of a minor to an employer employer believes will support the ex- does not necessarily relieve a person of ception. The determination of the liability under this act. Where such amount of any civil money penalty be- other legislation is applicable and does comes final if no exception is taken to not contravene the requirements of the the administrative assessment thereof, Fair Labor Standards Act, however, or if no exception is filed to the deci- nothing in the act, the regulations or sion and order of the administrative the interpretations announced by the law judge. Secretary should be taken to override or nullify the provisions of these laws. [75 FR 28460, May 20, 2010, as amended at 82 FR 5382, Jan. 18, 2017; 83 FR 13, Jan. 2, 2018; Although compliance with other appli- 84 FR 218, Jan. 23, 2019; 85 FR 2298, Jan. 15, cable legislation does not constitute 2020] compliance with the act unless the requirements of the act are thereby met, § 570.141 Good faith defense. compliance with the act, on the other A provision is contained in section hand, does not relieve any person of li- 12(a) of the Act relieving any purchaser ability under other laws that establish from liability thereunder who ships or higher child labor standards than those delivers for shipment in commerce prescribed by or pursuant to the act. goods which he acquired in good faith Moreover, such laws, if at all applica- in reliance on written assurance from ble, continue to apply to the employ- the producer, manufacturer, or dealer ment of all minors who either are not that the goods were produced in com- within the general coverage of the pliance with section 12, and which he child labor provisions of the act or who acquired for value without notice of are specifically excepted from their re- any violation. 36 quirements. [16 FR 7008, July 20, 1951. Redesignated at 28 [16 FR 7008, July 20, 1951. Redesignated at 28 FR 1634, Feb. 21, 1963, and further redesig- FR 1634, Feb. 21, 1963, and further redesignated and amended at 36 FR 25156, Dec. 29, nated and amended at 36 FR 25156, Dec. 29, 1971. Redesignated at 75 FR 28459, May 20, 1971. Redesignated at 75 FR 28459, May 20, 2010] 2010] § 570.142 Relation to other laws. PART 575—WAIVER OF CHILD Section 18 provides, in part, that ‘‘no LABOR PROVISIONS FOR AGRI- provision of this act relating to the CULTURAL EMPLOYMENT OF 10 employment of child labor shall justify AND 11 YEAR OLD MINORS IN noncompliance with any Federal or HAND HARVESTING OF SHORT State law or municipal ordinance es- SEASON CROPS tablishing a higher standard than the standard established under this act.’’ Sec. The child labor requirements of the 575.1 Purpose and scope. Fair Labor Standards Act, as amended, 575.2 Definitions. must be complied with as to the em- 575.3 Application for waiver. ployment of minors within their gen- 575.4 Information to be included in applica- eral coverage and not excepted from tion. their operation by special provision of 575.5 Supporting data to accompany appli- the act itself regardless of any State, cation. 575.6 Procedure for action on an applica- local, or other Federal law that may be tion. 575.7 Statutory conditions for employment 36 For a complete discussion of this subject under the waiver. see part 789 of this title, General Statement 575.8 Secretary’s conditions for employment on the Provisions of section 12(a) and section under the waiver. 15(a)(1) of the Fair Labor Standards Act, as 575.9 Failure to comply with terms and con- amended, relating to Written Assurances. ditions of the waiver.

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