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Federal Register / Vol. 72, No.

73 / Tuesday, April 17, 2007 / Proposed Rules 19337

specific types of hazardous programs addressing construction otherwise relating to the Department’s
construction, as discussed above, occupations have a greater emphasis on objective to develop updated, realistic
construction work accounts for a safety training than similar programs health and safety standards for today’s
substantial number of young worker covering other industries? young workers that are consistent with
deaths. In addition, the Report states the established national policy of
F. Hydraulic Grease Racks
that construction work is also associated balancing the benefits of employment
with adverse health effects from HO 7 (Occupations involved in the opportunities for youth with the
exposure to hazardous substances and operation of power-driven hoisting necessary and appropriate safety
from musculoskeletal disorders. apparatus) generally prohibits 16- and protections.
According to NIOSH, some construction 17-year-olds from employment in This document was prepared under
occupations that have relatively low occupations that involve the work of: (1) the direction and control of Paul
fatal injury rates are associated with Operating an elevator, crane, derrick, DeCamp, Administrator, Wage and Hour
exposure to other agents that may have hoist, or high-lift truck, except that such Division, Employment Standards
long-term health effects. Examples youth may operate unattended Administration, U.S. Department of
provided include the exposure to automatic operation passenger elevators Labor.
asbestos among insulation workers, the and electric or air operated hoists not
exceeding one ton capacity; (2) riding List of Subjects in 29 CFR Part 570
exposure to lead and solvents among
painters, and the exposure to silica on a manlift or on a freight elevator, Child labor, Child labor occupations,
among plasterers and drywall installers. except a freight elevator operated by an Employment, Government,
NIOSH also states that because assigned operator; and (3) assisting in Intergovernmental relations,
construction sites frequently include the operation of a crane, derrick, or Investigations, Labor, Law enforcement,
hazards outside the control of hoist performed by crane hookers, crane Minimum age.
individual workers or contractors, an chasers, hookers-on, riggers, rigger Signed at Washington, DC, on this 10th day
apprentice and student-learner helpers, and like occupations. of April, 2007.
exemption is not recommended. Over the years, the Department has Victoria A. Lipnic,
The Department is aware that the received inquiries as to whether HO 7
Assistant Secretary, Employment Standards
construction industry has for many would permit the employment of 16- Administration.
years provided both temporary and and 17-year-olds to operate hydraulic
Paul DeCamp,
career exploration employment grease racks—apparatus usually found
Administrator, Wage and Hour Division.
opportunities for many youth. The in gasoline service stations and
automobile repair shops and used to [FR Doc. E7–7052 Filed 4–16–07; 8:45 am]
Department’s Bureau of Labor Statistics
raise and to lower vehicles from ground BILLING CODE 4510–27–P
(BLS) reports that in 2004 there were
approximately 286,000 youth between level for servicing the vehicles. The
the ages of 16 and 19 employed in the Department has been consistent in its
response to such inquires; because the DEPARTMENT OF LABOR
construction industry. In addition, the
construction industry has traditionally original study that led to the Wage and Hour Division
been one of the higher-paying industries promulgation of HO 7 did not include
in the U.S., with average hourly the operation of such grease racks, HO 29 CFR Part 570
earnings of $20.40 reported by BLS in 7 does not prohibit the operation of
October 2006. such equipment. Although correct, this RIN 1215–AB57
The construction industry has many position does not take into
components, including residential, Child Labor Regulations, Orders and
consideration whether such grease racks
building (non-residential), highway, and Statements of Interpretation
can be safely operated by 16- and 17-
heavy sectors. In addition, demolition, year-olds. Reg. 3, which details the AGENCY: Wage and Hour Division,
maintenance, repair, and redecorating occupations 14- and 15-year-olds may Employment Standards Administration,
work often fall within the general and may not perform, specifically Labor.
classification of construction. Before the prohibits such youth from the operation ACTION: Notice of proposed rulemaking
Department can address the Report or tending of any hoisting apparatus (see and request for comments.
recommendations concerning § 570.33(b)).
construction occupations, it is Accordingly, the Department is SUMMARY: The Department of Labor
requesting information from the public seeking information from the public as (Department or DOL) is proposing to
regarding the appropriateness and to whether such grease racks can be revise the child labor regulations in
feasibility of implementing such a safely operated by 16- and 17-year-olds. order to implement an amendment to
comprehensive and industry-wide Is the safe operation of such equipment the Fair Labor Standards Act’s child
prohibition. Can 16- and 17-year-olds, affected by the size and lifting capacities labor provisions, contained in the
under specific conditions, be safely of such equipment? In keeping with Department of Labor Appropriations
employed in certain sectors of the Item A of this ANPRM, if the operation Act, 2004 (Pub. L. 108–199), which
construction industry? If so, under what of such grease racks should be authorizes under specified conditions
conditions? prohibited, would a student-learner or the employment of certain youth
The Department is also interested in apprenticeship exemption be between the ages of 14 and 18 years
obtaining information about existing warranted? inside and outside of places of business
strategies that make certain construction that use machinery to process wood
jobs safe for minors to perform. Can G. General products.
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apprenticeship and student-learner In soliciting comments on the above The Department is proposing to revise
programs be designed and delivered to aspects of the child labor regulations, Child Labor Regulation No. 3, subpart C
better protect young workers and keep the Department is specifically interested of 29 CFR part 570, which governs the
them safe on the job? If so, should the in data, reports, cost-benefit analyses, employment of 14- and 15-year-olds in
written standards or requirements of studies, and other documentation nonagricultural occupations by revising
student-learner and apprenticeship addressing the positions taken or the lists of occupations and industries

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19338 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules

in which such youth may and may not Instructions: Please submit one copy You may also access this document via
be employed. The Department is also of your comments by only one method. the WHD home page at http://
proposing to clarify, but not change, the All submissions received must include www.wagehour.dol.gov. To comment
standards addressing the permitted the agency name and Regulatory electronically on federal rulemakings,
periods and conditions under which Information Number (RIN) identified go to the Federal eRulemaking Portal at
such youth may be employed and to above for this rulemaking. All http://www.regulations.gov, which will
create a limited exemption from those comments received will be posted allow you to find, review, and submit
standards for certain academically without change to http:// comments on federal documents that are
motivated youth enrolled in work-study www.regulations.gov, including any open for comment and published in the
programs. personal information provided. Because Federal Register. Please identify all
The Department is also proposing to we continue to experience delays in comments submitted in electronic form
revise several of the nonagricultural receiving mail in the Washington, DC by the RIN docket number (1215–AB57).
Hazardous Occupations Orders (HOs) to area, commenters are strongly Because of delays in receiving mail in
implement specific recommendations encouraged to transmit their comments the Washington, DC area, commenters
made by the National Institute for electronically via the Federal should transmit their comments
Occupational Safety and Health in its eRulemaking Portal at http:// electronically via the Federal
2002 report entitled National Institute www.regulations.gov or to submit them eRulemaking Portal at http://
for Occupational Safety and Health by mail early. For additional www.regulations.gov, or submit them by
(NIOSH) Recommendations to the U.S. information on submitting comments mail early to ensure timely receipt prior
Department of Labor for Changes to and the rulemaking process, see the to the close of the comment period.
Hazardous Orders. The HOs affected by ‘‘Public Participation’’ heading of the Submit one copy of your comments by
this proposal concern occupations SUPPLEMENTARY INFORMATION section of only one method.
involved with logging and sawmilling; this document. II. Background
meat processing; and the operation of Docket: For access to the docket to
power-driven hoisting equipment, read background documents or The child labor provisions of the Fair
bakery equipment, compacting and comments received, go to the Federal Labor Standards Act (FLSA) establish a
baling equipment, and certain cutting, eRulemaking Portal at http:// minimum age of 16 years for
shearing, and guillotining equipment. www.regulations.gov. employment in nonagricultural
In addition, the Department is occupations, but the Secretary of Labor
FOR FURTHER INFORMATION CONTACT:
proposing to provide clarity by is authorized to provide by regulation
Arthur M. Kerschner, Jr., Office of for 14- and 15-year-olds to work in
incorporating into the regulations three Enforcement Policy, Child Labor and
long-standing enforcement positions suitable occupations other than
Special Employment Team, Wage and manufacturing or mining, and during
regarding the cleaning of power-driven Hour Division, Employment Standards
meat processing equipment, the periods and under conditions that will
Administration, U.S. Department of not interfere with their schooling or
operation of certain power-driven pizza- Labor, Room S–3510, 200 Constitution health and well-being. The FLSA
dough rollers, and the definition of Avenue, NW., Washington, DC 20210; provisions permit 16- and 17-year-olds
high-lift trucks. The Department is also telephone: (202) 693–0072 (this is not a to work in the nonagricultural sector
proposing to expand the HO that toll free number). Copies of this notice without hours or time limitations,
prohibits youth from operating power- of proposed rulemaking may be except in certain occupations found and
driven circular saws, band saws, and obtained in alternative formats (Large declared by the Secretary to be
guillotine shears to include prohibitions Print, Braille, Audio Tape, or Disc), particularly hazardous, or detrimental to
concerning the operation of power- upon request, by calling (202) 693–0023. the health or well-being of such
driven chain saws, wood chippers, and TTY/TDD callers may dial toll-free (877) workers.
reciprocating saws. 889–5627 to obtain information or The regulations for 14- and 15-year-
Finally, the Department proposes to request materials in alternative formats. olds are known as Child Labor
revise subpart G of the child labor Questions of interpretation and/or Regulation No. 3 (Reg. 3) and are
regulations, which is entitled General enforcement of regulations issued by contained in subpart C of part 570 (29
Statements of Interpretation of the Child this agency or referenced in this notice CFR 570.31–.38). Reg. 3 limits the hours
Labor Provisions of the Fair Labor may be directed to the nearest Wage and and times of day that such minors may
Standards Act of 1938, as Amended. Hour Division District Office. Locate the work and identifies occupations that are
The proposal would incorporate into nearest office by calling the Wage and either permitted or prohibited for such
this subpart all the regulatory changes Hour Division’s toll-free help line at minors. Under Reg. 3, 14- and 15-year-
made since this subpart was last revised (866) 4US–WAGE ((866) 487–9243) olds may work in certain occupations in
in 1971. between 8 a.m. and 5 p.m. in your local retail, food service, and gasoline service
DATES: Comments are due on or before time zone, or log onto the Wage and establishments, but are not permitted to
July 16, 2007. Hour Division’s Web site for a work in certain other occupations
ADDRESSES: You may submit comments, nationwide listing of Wage and Hour (including all occupations found by the
identified by RIN 1215–AB57, by either District and Area Offices at: http:// Secretary to be particularly hazardous
one of the following methods: www.dol.gov/esa/contacts/whd/ for 16- and 17-year-olds). Reg. 3,
• Electronic comments, through the america2.htm. originally promulgated in 1939, was
Federal eRulemaking Portal: http:// SUPPLEMENTARY INFORMATION: revised to reflect the 1961 amendments
www.regulations.gov. Follow the to the FLSA, which extended the Act’s
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instructions for submitting comments. I. Electronic Access and Filing coverage to include enterprises engaged
• Mail: Wage and Hour Division, Comments in commerce or the production of goods
Employment Standards Administration, Public Participation: This notice of for commerce. Because of the statutory
U.S. Department of Labor, Room proposed rulemaking is available amendments, the FLSA’s child labor
S–3502, 200 Constitution Avenue, NW., through the Federal Register and the protections became applicable to
Washington, DC 20210. http://www.regulations.gov Web site. additional areas of employment for

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Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules 19339

young workers in retail, food service, labor, child guidance professionals, Teen Employment Act, Pub. L. 105–334,
and gasoline service establishments. civic groups, child advocacy groups, was signed into law on October 31,
The regulations concerning state officials, and safety groups. The 1998. This legislation added section
nonagricultural hazardous occupations mission of the CLAC was to give advice 13(c)(6) to the FLSA, prohibiting minors
are contained in subpart E of 29 CFR and guidance in developing possible under 17 years of age from driving
part 570 (29 CFR 570.50–.68). These proposals to change existing standards. automobiles and trucks on public
Hazardous Occupations Orders (HOs) After reviewing a number of issues, the roadways on-the-job and establishing
apply on either an industry basis, CLAC proposed making certain changes the conditions and criteria for 17-year-
specifying the occupations in a to the child labor regulations. The olds to drive automobiles and trucks on
particular industry that are prohibited, Department considered the CLAC’s public roadways on-the-job. The
or an occupational basis, irrespective of suggestions, as well as suggestions Department of Labor Appropriations
the industry in which the work is received from the public as noted above, Act, 2004, Pub. L. 108–199, amended
performed. The seventeen HOs were and published an NPRM in October the FLSA by creating a limited
adopted individually during the period 1990, proposing changes to three HOs exemption from the youth employment
of 1939 through 1963. Some of the HOs, (55 FR 42612). In December 1991, the provisions for minors 14 to 18 years of
specifically HOs 5, 8, 10, 12, 14, 16, and Department promulgated a Final Rule age who are excused from compulsory
17, contain limited exemptions that which revised the three HOs (56 FR school attendance beyond the eighth
permit the employment of 16- and 17- 58626). grade. The exemption, contained in
year-old apprentices and student- The Department continued to review section 13(c)(7) of the FLSA, allows
learners under particular conditions to the child labor regulations and on May eligible youth, under specific
perform work otherwise prohibited to 13, 1994, in an effort to accumulate data conditions, to be employed inside and
that age group. The terms and concerning all aspects of the provisions, outside of places of business that use
conditions for employing such published both an NPRM (59 FR 25164) machinery to process wood products,
apprentices and student-learners are and an ANPRM (59 FR 25167). The but does not allow such youth to
detailed in § 570.50(b) and (c). NPRM proposed to exempt 14- and 15- operate or assist in operating power-
Because of changes in the workplace, year-olds from Reg. 3 hours standards driven woodworking machines. This
the introduction of new processes and when employed under certain exemption overrides the FLSA’s
technologies, the emergence of new restrictions as sports attendants for formerly complete prohibition on the
types of businesses where young professional sports teams, to standardize employment of 14- and 15-year-olds in
workers may find employment the Reg. 3 process for issuing manufacturing occupations contained in
opportunities, the existence of differing occupational variances for Work section 3(l).
federal and state standards, and Experience and Career Exploration
divergent views on how best to balance Program (WECEP) participants, to The Department published an NPRM
scholastic requirements and work remove an outdated exemption for in the Federal Register on November 30,
experiences, the Department has long enrollees in certain work training 1999 (64 FR 67130), inviting comments
been reviewing the criteria for programs, and to revise the process by on revisions of regulations to implement
permissible child labor employment. In which HOs are promulgated. A Final the 1996 and 1998 amendments and to
this review, the Department published a Rule on these issues was published update certain regulatory standards. The
Notice of Proposed Rulemaking (NPRM) April 17, 1995 (60 FR 19336). Compactor and Baler Act affected the
in 1982, an NPRM in 1990, a Final Rule The 1994 ANPRM requested public HO 12 standards (Occupations involved
in 1991, both an Advance Notice of comment on several specific topics as in the operation of paper-products
Proposed Rulemaking (ANPRM) and an well as all aspects of the child labor machines) (29 CFR 570.63) and certain
NPRM in 1994, a Final Rule in 1995, an provisions. Several individuals and other related regulations; amendments
NPRM in 1999, and a Final Rule in organizations submitted comments. The of those regulations were proposed. The
2004. National Institute for Occupational Drive for Teen Employment Act affected
On July 16, 1982, an NPRM was Safety and Health (NIOSH) provided the the HO 2 standards (Occupations of
published in the Federal Register (47 Department with epidemiological data motor-vehicle driver and outside helper)
FR 31254) which proposed to revise on a number of issues related to both (29 CFR 570.52); an amendment of that
several elements of Reg. 3, including the Reg. 3 and the HOs. NIOSH also regulation was proposed. As a result of
permissible hours and times of provided the Department with statistics its ongoing review of the child labor
employment for 14- and 15-year-olds regarding occupational injuries and provisions, the Department also
and the types of cooking operations made several recommendations. A proposed changes to HO 1 (Occupations
those minors would be permitted to number of child guidance professionals, in or about plants or establishments
perform. The NPRM generated educators, unions, employer manufacturing or storing explosives or
considerable public interest, mostly associations, and child labor advocates articles containing explosive
relating to the expansion of the hours also commented and made various components) (29 CFR 570.51), HO 16
and times of work for this age group. recommendations. (Occupations in roofing operations) (29
The Department subsequently Congress has amended the child labor CFR 570.67), the Reg. 3 limitations on
suspended the proposal from further provisions of the FLSA three times since cooking (29 CFR 570.34), and 29 CFR
consideration and no final rule was 1996. The Compactors and Balers Safety 570.6(b)(1) which deals with the
implemented. Standards Modernization Act, Pub. L. disposition of a Certificate of Age when
The Department continued to receive 104–174 (Compactor and Baler Act), the named individual’s employment
suggestions from the public that certain was signed into law on August 6, 1996. ends. A Final Rule, addressing the
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changes should be made to the child This legislation added section 13(c)(5) above issues and implementing
labor regulations on a number of issues. to the FLSA, permitting minors 16 and procedural changes dealing with
In 1987, the Department established a 17 years of age to load, but not operate administrative hearings and appeals of
Child Labor Advisory Committee or unload, certain scrap paper balers child labor civil money penalties, was
(CLAC) composed of 21 members and paper box compactors when certain issued on December 16, 2004 (69 FR
representing employers, education, requirements are met. The Drive for 75382).

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19340 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules

In 1998, the Department provided In addition, as NIOSH was tasked to yield a net present value (NPV).
funds to NIOSH to conduct a with examining issues within the SiloSmashers defines NPV as ‘‘the
comprehensive review of scientific framework of the current HOs only, the discounted dollar value of an
literature and available data in order to Report did not consider the extent to investment across the expected
assess current workplace hazards and which fatalities occur despite existing planning horizon. As a dollar figure,
the adequacy of the current youth HOs, Occupational Safety and Health NPV is presented at the full value level
employment HOs to address them. This Administration (OSHA) standards, or for each implementation approach
study was commissioned to provide the state laws prohibiting the activity. If (implementing versus not
Secretary with another tool to use in her fatalities result from recognized illegal implementing) as well as at the
ongoing review of the youth activities, such as working with incremental approach (the difference
employment provisions, and of the fireworks or a power-driven circular between implementing versus not
hazardous occupations orders in saw, the best strategy for preventing implementing). As a comparison tool
particular. The report, entitled National future injuries may not be to revise the and under the incremental approach,
Institute for Occupational Safety and regulations but to increase compliance the higher the NPV, the higher the
Health Recommendations to the U.S. with existing laws through public expected value of implementation.’’ The
Department of Labor for Changes to awareness initiatives, targeted NPVs reported by SiloSmashers for each
Hazardous Orders (hereinafter referred compliance assistance efforts, and of the NIOSH recommendations
to as the NIOSH Report or the Report), stepped-up enforcement activities. The addressing the current nonagricultural
was issued in July of 2002. The Report, Report also did not consider potential HOs range from a negative $9,537,000 to
which makes 35 recommendations approaches for decreasing workplace a positive $113,556,000.
concerning the existing nonagricultural injuries that provide an alternative to a Although the SiloSmashers report
HOs and recommends the creation of 17 complete ban on employment, such as includes both a quantitative analysis
new HOs, also incorporated the safety training, increased supervision, and a qualitative analysis of each
comments NIOSH submitted in the use of effective personal protective NIOSH recommendation, the
response to the 1999 NPRM. The report equipment, and strict adherence to Department is concerned that some
is available for review on the recognized safe working practices. readers might try to rank each
Department’s YouthRules! Web site at Though cognizant of the limitations of recommendation solely on the basis of
http://www.youthrules.dol.gov/ the Report, the Department places great the quantitative results (i.e., on the basis
resources.htm. value on the information provided by of the NPVs) listed in the HO
NIOSH. Since receiving the Report, the Comprehensive Summary. This
The Department recognizes NIOSH’s Department has conducted a detailed simplistic ranking would not be
extensive research efforts in compiling review and has met with various appropriate due to several constraints
and reviewing this data. However, it has stakeholders to evaluate and prioritize inherent in the methodology adopted by
cautioned readers about reaching each recommendation for possible SiloSmashers, especially the lack of
conclusions and expecting revisions to regulatory action consistent with the reliable and pertinent data.
the existing HOs based solely on the established national policy of balancing In addition, not only was the
information in the Report. In the Report, the benefits of employment methodology used by SiloSmashers to
NIOSH itself recognized the confines of opportunities for youth with the generate the NPVs subject to the same
its methodology and included necessary and appropriate safety data limitations faced by NIOSH
appropriate caveats about limitations in protections. The 2004 Final Rule regarding the employment, fatality, and
available data and gaps in research. Of addressed six of the recommendations. injury rates of young workers, but it also
those limitations, the following are As an adjunct to its review of these raises additional concerns. First, if
worth noting. The NIOSH Report issues the Department contracted with a SiloSmashers were unable to identify
recommendations are driven by private consulting firm, SiloSmashers, any minors who were fatally injured
information on high-risk activities for Inc., to construct a model that, using while performing work that was the
all workers, not just patterns of fatalities quantitative analysis, would help subject of the NIOSH recommendation
and serious injuries among young determine the costs and benefits being examined, even if many adult
workers. There is little occupational associated with implementing, or not workers were killed while performing
injury, illness, and fatality data implementing, each of the Report’s that exact same work, the analysis
available regarding minors less than 16 recommendations. The SiloSmashers would reflect that implementation of the
years of age. In addition, such data for report, Determination of the Costs and recommendation would have no benefit
youth 16 and 17 years of age tend to be Benefits of Implementing NIOSH in reducing occupational hazards to
mixed with that of older workers whose Recommendations Relating to Child youth. Such an assumption is contrary
employment is not subject to the youth Labor Hazardous Orders, was completed to the Department’s long-held position
employment provisions of the FLSA. in November 2004 and covers 34 of the that work which is dangerous for adults
Also, available occupational injury, NIOSH HO recommendations in is inherently dangerous for youth. For
illness, fatality, and employment data agricultural and nonagricultural example, because SiloSmashers found
on the specific operations in the specific occupations, as well as several no deaths of youth resulting from the
industries covered by the NIOSH Report occupations or activities not presently operation of chainsaws, it concluded
recommendations tend to be combined addressed by an existing HO. that implementation of the NIOSH
with data on other operations and/or The methodology used by recommendation to expand HO 14 to
industries. In some cases, this may SiloSmashers was to compare the direct prohibit the operation of chainsaws on
result in a diminution of the risk by costs and benefits of implementing or all materials, and not just on wood and
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including less risky operations and revising an HO, as recommended by wood products as currently prohibited
industries in the employment estimates. NIOSH, with the costs and benefits of by HOs 4 and 5, would have no impact
In other cases, the risk may be not implementing or revising the HO on the number of occupational fatalities
exaggerated by including more based on the NIOSH recommendations. suffered by 16- and 17-year-olds. The
dangerous operations/industries in the Each SiloSmashers analysis was Department strongly disagrees with this
injury, illness, or fatality estimates. conducted on a mutually exclusive basis conclusion. NIOSH based its

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recommendation on data that www.youthrules.dol.gov/clri/ Secretary determines that the work to be


demonstrate that chainsaws continue to Final_Report.pdf. performed does not constitute
be the source of substantial numbers of As mentioned, the NIOSH Report oppressive child labor. The Secretary’s
fatalities as well as nonfatal injuries made 35 recommendations concerning declarations of what forms of labor are
which may be unusually severe. the existing nonagricultural HOs. The not deemed oppressive for children
Accordingly, the Department believes Department addressed six of those between the ages of 14 and 16 appear in
that the operation of chainsaws is recommendations in the 2004 Final Reg. 3 (29 CFR 570.31–.38).
inherently dangerous for young workers, Rule (see 69 FR 75382; Dec. 16, 2004). Reg. 3 identifies a number of
regardless of the lack of youth-specific The Department has decided that, in occupations or activities that are
injury and fatality data. The Department this first proposal since the specifically prohibited for these minors
agrees with NIOSH that the prudent dissemination of the NIOSH Report, it without regard to the industry or the
course of action is to prohibit the use of will address 25 of the remaining 29 type of business in which their
chainsaws by all workers under the age Report recommendations dealing with employer is engaged (e.g., operating or
of 18. existing nonagricultural hazardous tending any power-driven machinery
Secondly, when youth fatalities were occupations orders. The Department other than office machines, see
identified, the values the SiloSmashers believes there is sufficient data to § 570.33(b)). Reg. 3 also incorporates by
report placed on the lives saved and support implementing its proposals. In reference all of the prohibitions
injuries prevented under the various an attempt to acquire additional data in contained in the Hazardous
NIOSH Report recommendations are order to address the remaining Occupations Orders (29 CFR 570.50–
based on estimates published in nonagricultural NIOSH .68), which identify occupations that are
economic literature that are based on recommendations, as well as pursue ‘‘particularly hazardous’’ and, therefore,
adult populations. Applying those items not explored in the NIOSH banned for 16- and 17-year-olds (e.g.,
estimates to children may result in an Report, the Department is publishing an occupations involved in the operation of
underestimate of the risk to children ANPRM concurrently with this NPRM. power-driven metal forming, punching,
because the susceptibility of a The NIOSH Report also makes 11 and shearing machines, see § 570.33(e)).
recommendations that impact the As previously mentioned, Reg. 3 was
developing child’s body to illness,
current agricultural HOs as well as 17 revised to reflect the 1961 amendments
injury, or death will most likely differ
recommendations that urge the creation to the FLSA, which by extending the
from that of the fully developed body of
of new HOs. The Department, in the Act’s coverage to include enterprises
an adult. These differences are
ANPRM being published on the same engaged in commerce or the production
important in any such analysis, as
day as this NPRM, is requesting public of goods for commerce, brought more
society tends to place a higher value on working youth employed in retail, food
the lives of children compared to adults. comment on the feasibility of one of
those recommendations regarding the service, and gasoline service
By their very nature, child labor laws establishments within the protections of
are intended to protect children from creation of an HO that would prohibit
the employment of youth in the Act. Section 570.34(a) expressly
situations that are permissible for authorizes the performance of certain
adults. Thus, even without some of the construction occupations. The
Department is continuing to review the activities by 14- and 15-year-olds in
other data limitations discussed above, retail, food service, and gasoline service
the estimates presented in the remaining recommendations, but for
administrative reasons excluded them establishments, while § 570.34(b) details
SiloSmashers report consistently those activities that 14- and 15-year-olds
understate the benefits of implementing from its consideration of the NIOSH
proposals covered in this phase to keep are expressly prohibited from
the NIOSH recommendations. Because performing in such establishments. For
of the data limitations and flaws in the size and scope manageable. Their
absence from this current round of example, clerical work, cashiering, and
methodology, the Department does not clean-up work are authorized, whereas
consider the individual analysis rulemaking is not an indication that the
Department believes them to be of less ‘‘all work requiring the use of ladders,
prepared by SiloSmashers to be scaffolds, or their substitutes’’ is
influential for rulemaking purposes. importance or that they will not be
prohibited. These special rules apply
It was the Department’s intention that given the same level of consideration as
only in the designated types of business.
the SiloSmashers analysis would help the recommendations addressing the Since 1961, new, positive, and safe
in identifying and defining the scope of current nonagricultural HOs. employment opportunities have opened
each recommendation and provide III. Proposed Regulatory Revisions up for youth in industries other than
additional information to consider after retail, food service, and gasoline service
the decision was made to implement or A. Occupations That Are Prohibited for that Reg. 3 does not currently
not to implement a particular the Employment of Minors Between the specifically address. Jobs in such areas
recommendation. This is in keeping Ages of 14 and 16 Years of Age (29 CFR as state and local governments, banks,
with the ultimate recommendation 570.31–.34) insurance companies, advertising
made in the SiloSmashers report that Section 3(l) of the FLSA, defining agencies, and information technology
the Department consider both oppressive child labor, expressly firms all normally fall outside of the
quantitative and qualitative factors, as prohibits children under the age of 16 declarations made in Reg. 3. Because
well as other internal and external from performing any work other than these jobs are not specifically permitted
factors-such as budget constraints, that which the Secretary of Labor by § 570.33, they are prohibited. There
priorities established by the Department permits, by order or regulation, upon has been some confusion about this over
or Administration, additional finding that it does not interfere with the years. Some employers have
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stakeholder input, etc.—when their schooling or health and well-being believed that 14- and 15-year-old are
determining which NIOSH Report (see 29 U.S.C. 203(l), see also 29 CFR permitted to be employed in any
recommendations to implement. The 570.117–.119). Before 14- and 15-year- industry or occupations not expressly
entire report provided to the olds may legally perform work covered prohibited by Reg. 3, or that any
Department by SiloSmashers can be by the FLSA, the Act requires that the employer in any industry may employ
viewed on the Internet at http:// work itself be exempt, or that the such youth in the occupations permitted

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by § 570.34(a). However, where these Based upon the success of the above provide a list of certain commonly
jobs are not located in retail, food enforcement position, the Department is arising prohibited occupations and
service, or gasoline service proposing to revise and to reorganize industries. However, the Department
establishments, the provisions of §§ 570.33 and 570.34 to clarify and to believes that by continuing the long-
§ 570.34 (both authorizations and expand the list of jobs that are either standing Reg. 3 tradition of publishing
prohibitions) do not apply to the permitted or prohibited for minors who lists of those occupations and industries
employment of 14- and 15-year-olds. are 14 and 15 years of age and to remove in which such youth may be employed
The exception to this rule is where there the language that limits the application as well as detailed examples of those
is some discrete operation or division of § 570.34 to only retail, food service, industries and occupations in which the
that could legitimately be characterized and gasoline service establishments. employment of such youth is
as such an establishment and therefore The revised § 570.33 would detail prohibited, it can greatly enhance the
would be subject to these rules (e.g., certain specific occupations that are public’s understanding of these
minors employed in a food service prohibited for 14- and 15-year-olds. This important provisions. The list of
operation at a city park or a publicly revision also necessitates a change to prohibited industries and occupations
owned sports stadium). The § 570.35a(c)(3), which references the helps to define and to provide clarity to
Department’s interpretation of Reg. 3 current §§ 570.33 and 570.34 as they the list of permitted industries and
would prohibit employers such as state pertain to WECEPs. The Department occupations. However, the list of
and local governments, banks, insurance proposes to retain all the current prohibited occupations is not intended
companies, advertising agencies, and prohibitions contained in § 570.33 but to identify every prohibited occupation,
information technology firms from will modify the prohibition regarding but rather only to provide examples of
employing 14- and 15-year-old workers the employment of 14- and 15-year-olds those prohibited occupations that have
in any jobs other than those that occur in manufacturing occupations to historically been the most common
in those discrete operations or divisions comport with the provisions of the sources of violations or concern. As
that may be characterized as retail, food Department of Labor Appropriations previously explained, any job not
service, or gasoline service Act, 2004, which enacted section specifically permitted is prohibited.
establishments. 13(c)(7) of the FLSA. Fourteen- and 15- The Department also understands
In 2004, in recognition of the year-olds would continue to be that, given the constant development
importance of youth employment permitted to be employed in all those and changes occurring in the modern
retail, food service, and gasoline service workplace, in continuing to provide a
programs operated by public sector
establishment occupations in which definitive list of permitted occupations
employers that provide safe and
they may currently be employed. and industries, the Department may
meaningful developmental
The Department also proposes to unintentionally discourage the creation
opportunities for young people, and in
apply to FLSA-covered nonagricultural of positive and safe employment
response to specific requests received
employers of minors, with certain opportunities for young workers. But
from two municipalities, the
modifications, all the permitted the Department believes that, by
Department adopted an enforcement
occupations contained in § 570.34(a) continuing its past practice of carefully
position that permits state and local
and all the prohibited occupations reviewing inquiries regarding individual
governments to employ 14- and 15-year-
contained in § 570.34(b) that currently occupations or industries not currently
old minors under certain conditions. apply only to retail, food service, and addressed by Reg. 3 and then exercising
Consistent with its enforcement gasoline service establishments. This its prosecutorial discretion and issuing
position, the Department has exercised proposal would be accomplished by enforcement positions that may
its prosecutorial discretion, as revising § 570.34 to identify permitted eventually lead to rulemaking—as
authorized by 29 U.S.C. 216(e), in occupations. The Department also evidenced by certain proposals
declining to cite Reg. 3 occupations proposes to continue to permit youth contained in this NPRM—it has
violations for the employment of 14- 14- and 15-years of age to perform those developed an efficient and effective
and 15-year-olds by state and local occupations involving processing, mechanism which overcomes the
governments as long as that operating of machines, and working in limitations of a definitive list.
employment falls within the rooms where processing and The proposed modifications to the list
occupations authorized by Reg. 3 manufacturing take place, that are of prohibited occupations are as follows:
(§ 570.34(a)) and does not involve any of currently permitted under § 570.34(a),
the tasks or occupations prohibited by 1. Prohibited Machinery (§§ 570.33–.34)
as referenced in § 570.34(b)(1).
Reg. 3 (§§ 570.33 and 570.34(b)). The As mentioned, certain modifications Section 570.33(b) prohibits youth 14
other provisions of Reg. 3, including the to the existing lists of permissible and and 15 years of age from employment in
restrictions on hours of work, remain prohibited occupations are being occupations involving the operation or
fully applicable to the employment of proposed. The traditionally prohibited tending of any power-driven machinery
such minors and continue to be occupations and industries would be other than office equipment. Even
enforced. contained in a revised § 570.33, and all though this prohibition is clear and
The Department’s administration of the permitted occupations and quite broad, other sections of Reg. 3
this enforcement position permitting the industries would be contained in a have traditionally named certain pieces
employment of 14- and 15-year-olds by revised § 570.34. The Department is of power-driven machinery so as to
state and local governments has had aware that, given the FLSA’s mandate eliminate any doubt or confusion as to
extremely positive results. There are that before 14- or 15-year-olds may their prohibited status. For example,
strong indications that when such youth legally be employed to perform any § 570.34(a)(6) prohibits the employment
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are employed under the guidelines covered work the Secretary of Labor of 14- and 15-year-olds in the operation
established by this enforcement must first determine that the work to be of power-driven mowers or cutters and
position, the employment does not performed does not constitute § 570.34(b)(6) prohibits the employment
interfere with their schooling or with oppressive child labor, it could choose of such minors in occupations that
their health and well-being, and thus to publish only a list of permissible involve operating, setting up, adjusting,
accords with the FLSA. occupations and industries, and not cleaning, oiling, or repairing power-

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driven food slicers, grinders, choppers, persons or property. This interpretation 15-year-olds to load and unload items
and cutters, and bakery-type mixers. comports with the provision of onto and from motor vehicles. The City
The Department proposes to combine § 570.33(f)(1), which prohibits the advised the Department that, even with
§§ 570.33(b), 570.34(a)(6), and employment of 14- and 15-year-olds in the adoption of the enforcement
570.34(b)(6)—all of which address occupations in connection with the position that permits state and local
power-driven machinery—into a single transportation of persons or property by governments to employ minors under
paragraph located at § 570.33(e) and highway. Performing work in certain conditions, it was being forced
expand the list of examples of connection with the transportation of to abandon a youth-employment
prohibited equipment to include power- the other persons or property does not program that provided 14- and 15-year-
driven trimmers, weed-eaters, edgers, have to be the primary reason for the
olds with certain jobs because of the
golf carts, food processors, and food trip for this prohibition to apply.
mixers. Even though Reg. 3 for many The Department is proposing to prohibition against loading materials
years has prohibited the employment of include its long-standing interpretation into vehicles. The City specifically
14- and 15-year-olds to operate any that prohibits 14- and 15-year-olds requested permission to allow such
power-driven equipment other than riding outside of motor vehicles in Reg. minors to load and unload, onto and
office machines, the Department 3 at § 570.33(f). The Department is also from motor vehicles, the light, non-
routinely receives inquiries as to the proposing to revise Reg. 3 at § 570.34(o) power-driven tools each youth would
status under Reg. 3 of these individual to permit 14- and 15-year-olds to ride in personally use as part of his or her
pieces of equipment. The Department the enclosed passenger compartments of employment. The Department carefully
believes that by continuing to reference motor vehicles, except when a considered this request and, again using
certain common prohibited machinery significant reason for the minors being its prosecutorial discretion, decided that
by name, both clarity and compliance passengers in the vehicle is for the it would not assert a violation of the
will be increased. purpose of performing work in child labor provisions when 14- and 15-
connection with the transporting—or year-old employees of state and local
2. Loading of Personal Hand Tools Onto
assisting in the transporting—of other governments loaded and unloaded the
Motor Vehicles and Riding on Motor
persons or property. Each minor must light non-power-driven hand tools—
Vehicles (§§ 570.33(f) and 570.34(b)(8))
have his or her own seat in the such as rakes, hand-held clippers, and
Section 570.33(c) prohibits the passenger compartment, each seat must
employment of 14- and 15-year-olds in spades—that they personally use as part
be equipped with a seat belt or similar of their employment. The City was
the operation of motor vehicles or restraining device, and the employer
service as helpers on such vehicles. The advised that this enforcement policy did
must instruct the minors that such belts
term motor vehicle is defined in not extend to other prohibited
or other devices must be used. These
§ 570.52(c)(1). The Department has provisions mirror the requirements of transportation-related work such as the
interpreted the Reg. 3 prohibition Drive for Teen Employment Act as loading or unloading of materials other
regarding service as helpers on a motor contained in HO 2. than the light hand tools the minors
vehicle to preclude youth under the age In addition, the Department’s may encounter on-the-job, such as trash
of 16 from riding outside the passenger interpretation of prohibited helper or garbage, or power-driven equipment
compartment of the motor vehicle. Such services under § 570.33(c), since at least such as lawn mowers, edgers, and weed
youth may not ride in the bed of a pick- the mid-1950s, has included the loading trimmers—the use of which by this age
up truck, on the running board of a van, and unloading of materials from motor group is prohibited under Reg. 3.
or on the bumper of a refuse truck. This vehicles when the purpose of the The Department proposes to revise
interpretation dates back to at least the operation of the vehicle is the Reg. 3 at §§ 570.33(f) and (k) and
1940 enactment of HO 2 which transportation of such materials. Section
prohibits 16- and 17-year-olds from 570.34(k) to incorporate the
570.33(f)(1) furthers this prohibition by
serving as outside helpers on motor enforcement position that allows 14-
banning the employment of minors in
vehicles. occupations in connection with the and 15-year-olds to be employed to load
The Department does not interpret the transportation of property by highway. onto and unload from motor vehicles
helper prohibition as applying to 14- Section 570.34(b)(8) prohibits the the light non-power-driven personal
and 15-year-olds who simply ride inside employment of such youth by retail, hand tools they use as part of their
a motor vehicle as passengers and, thus, food service, and gasoline service employment and to make it available to
Reg. 3 permits a 14- or 15-year-old to establishments to load or unload goods all covered employers, not just state and
ride inside the enclosed passenger to and from trucks, railroad cars, or local governments. Such light non-
compartment of a motor vehicle when conveyors. These prohibitions are power-driven hand tools would include,
driven by a driver whose employment designed to protect young workers from but not be limited to, rakes, hand-held
complies with HO 2 under certain the hazards associated with loading clippers, shovels, and brooms, but
circumstances. For example, a minor docks, motor vehicles, and receiving would not include items like lawn
may ride in a motor vehicle to reach departments; strains from lifting and mowers or other power-driven lawn
another work site where he or she will moving heavy items; and falls and maintenance equipment. In addition,
perform work, to receive special training falling items. Accordingly, 14- and 15- such minors would be permitted to load
or instructions while riding, or to meet year-olds generally are prohibited from onto and unload from motor vehicles
other employees or customers of the loading and unloading any property (not any personal protective equipment they
employer. While a 14- or 15-year old just ‘‘goods’’) onto and from motor themselves will use at the work site and
may be a passive passenger in a vehicle, vehicles, including the light personal
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any personal items such as backpacks,


that same minor is not permitted to ride hand tools they use in performing their lunch boxes, and coats their employers
in a motor vehicle when a significant duties. allow them to take to the work site.
reason for the minor being a passenger In 2000, the Department was
is for the purpose of performing work in requested by a municipality (the City) to Such minors would not be permitted to
connection with the transporting—or review certain aspects of the load or unload such jobsite-related
assisting in the transporting—of other prohibitions against employing 14- and equipment as barriers, cones or signage.

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3. Work in Meat Coolers and Freezers the minimum wage and overtime cash and checks, and the transportation
(§ 570.34(b)(7)) requirements of the FLSA (see 29 CFR of minors to and from the various sales
Section 570.34(b)(7) prohibits 14- and 541.500). areas by the employer.
Congressional hearings and the As used here, the terms youth
15-year-olds from working in freezers
Department’s enforcement experience peddling, door-to-door-sales, and street
and meat coolers. Since its inception,
have shown that the problems sales do not include legitimate fund-
the Department has interpreted this
associated with children performing raising activities by eleemosynary
section to mean that such youth are
door-to-door sales and street sales are organizations such as cookie sales
prohibited from working as dairy stock
numerous. These youth are often conducted by the Girl Scouts of America
clerks, meat clerks, deli clerks, produce
transported by crew leaders in vans, or school fund-raising events where the
clerks, or frozen-food stock clerks where
which fail to meet proper safety and students are truly volunteers and are not
their duties would require them to enter
insurance requirements, to areas quite promised compensation for the sales
and remain in the freezer or meat cooler
distant from their home neighborhoods. they make. The term compensation
for prolonged periods. Inventory and They are often required to work many would not include the small prizes,
cleanup work, involving prolonged hours on school nights and late into the trophies, or other awards of minimal
stays in freezers or meat coolers, are also evening. These minors are frequently value that the eleemosynary
prohibited. On the other hand, the placed by employers, without adult organization may give a volunteer in
Department has taken the position since supervision, at subway entrances, recognition of his or her efforts. In
at least 1981 that counter workers in outside large office buildings, at high- administering the FLSA, the Department
quick service establishments or cashiers traffic street corners, and on median considers such individuals, who
in grocery stores whose duties require strips at busy intersections where they volunteer or donate their services,
them to occasionally enter freezers only can attract potential customers. Reports usually on a part-time basis, for public
momentarily to retrieve items are not of children being abandoned, suffering service, religious, or humanitarian
considered to be working in the freezers injuries from violence and motor objectives, without contemplation of
for enforcement purposes. In order to vehicle crashes, and being exposed to pay, not to be employees of the
provide clarification, the Department is the elements have been substantiated. religious, charitable, or similar
proposing to incorporate this long- Youth have been injured and have died nonprofit corporations that receive their
standing interpretation into the as a result of these activities. services. In addition, FLSA section
regulations at § 570.33(i). Intimidation by crew leaders is 3(e)(4) excludes from the definition of
4. Youth Peddling commonly reported. ‘‘employee’’ individuals who volunteer
In 1987, the permanent Subcommittee to public agencies. These provisions
The Department is proposing to on Investigations of the Committee on apply equally whether the volunteer is
amend Reg. 3 and create § 570.33(j) to Governmental Affairs of the United an adult or a minor.
ban the employment of 14- and 15-year- States Senate held hearings on the
old minors in occupations involving Exploitation of Young Adults in Door- 5. Poultry Catching and Cooping
youth peddling, also referred to as to-Door Sales. The hearings included a The Department has long taken the
‘‘door-to-door sales’’ and ‘‘street sales.’’ staff study that documented many position that 14- and 15-year-olds may
Controversies regarding young children abuses that had occurred in this not be employed to catch and coop
conducting commercial sales of items, industry, including indentured poultry in preparation for transportation
often on a ‘‘door-to-door’’ basis, are not servitude, physical and sexual abuse, or for market because it is a
new. The Department has over the years and criminal activity. In 1998, the ‘‘processing’’ occupation prohibited by
documented reports of minors, many as Interstate Labor Standards Association § 570.33(a). Such employees are often
young as 10 or 11 years of age, working created a subcommittee to work toward referred to as ‘‘chicken catchers or
as part of mobile sales crews, selling ending door-to-door sales by children poultry catchers.’’ In addition, the
such items as candy, calendars, and and recommended that the Department prohibitions against operating or
greeting cards for profit-making of Labor act as a national clearinghouse tending power-driven equipment
companies. Injuries, and even deaths, regarding information concerning door- contained in § 570.33(b) and the
have occurred as the result of young to-door sales operations. In response to prohibition against employment in
children engaging in youth peddling the 1994 ANPRM issued by the occupations in connection with the
activities. The door-to-door sales Department, calls for banning door-to- transportation of property contained in
industry employing these minors door sales by those under 18 years of § 570.33(f)(1) generally preclude the
generally is composed of a number of age were received from the National employment of such youth as poultry
crew leaders who, during the course of Consumers League, the Defense for catchers. These activities are normally
a year, operate in many different states. Children International, USA, and the performed in environments and under
The crew leaders, who often have ties to Food and Allied Service Trades conditions that present risks of injury
regional or national businesses, Department, AFL–CIO. At least 17 states and illness to young workers. Working
mistakenly claim that they and their have rules prohibiting or regulating in the dark, with the only illumination
young sales crews are independent door-to-door sales by minors. provided by ‘‘red lights’’ which the fowl
contractors. Typically, a crew leader The Department’s proposal to prohibit cannot see, and in poorly ventilated
attempts to saturate a particular area youth peddling would not be limited to rooms, is not uncommon. The risks
with sales crews, make as many sales as just the attempt to make a sale or the associated with poultry catching also
possible, and then quickly move to a actual consummation of a sale, but occur in the catching and cooping of
new location. Crews often work from would include such activities normally poultry other than chicken—for
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late afternoon to late at night as that is associated with and conducted as part example, processors of turkeys and
when most of the potential customers of the individual youth peddler’s sales Cornish game hens employ similar
are likely to be at home. Because youth activities, such as the loading and methods of moving their products to
peddlers typically qualify as outside unloading of vans or other motor slaughter.
sales employees under FLSA section vehicles, the stocking and restocking of Despite the Department’s consistent
13(a)(1), they are usually exempt from sales kits and trays, the exchanging of interpretation that 14- and 15-year-olds

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may not be employed as poultry occupation prohibited by the proposed 2. The Employment of 15-Year-Olds
catchers, employers still have questions § 570.33. This revised list would be (But Not 14-Year-Olds) as Lifeguards
concerning how the regulations address contained in § 570.34. The Department is proposing to revise
such work, and violations still occur. The Department also proposes to Reg. 3 at § 570.34(l) to permit the
For example, the Department revise § 570.34(a)(8) by clarifying that employment of 15-year-olds as
investigated the death of a 15-year-old 14- and 15-year-olds may perform car lifeguards at swimming pools and water
male in 1999 who was employed as a cleaning, washing, and polishing, but
amusement parks under certain
poultry catcher, working in the dark and only by hand. Such youth are prohibited
conditions. A local chapter of the
under red lighting, in Arkansas. The from operating or tending any power-
American Red Cross (Chapter) first
youth was electrocuted shortly after driven machinery, other than office
raised this issue in 2000. The Chapter
midnight when he bumped into a fan equipment, and this prohibition has
advised the Department that the Red
while performing his ‘‘catching’’ duties. always included automatic car washers,
Cross had revised its own rules and was
In order to remove any confusion and power-washers, and power-driven
now certifying 15-year-olds as
increase employer compliance, the scrubbers and buffers. The Department
lifeguards. Prior to 2000, according to
Department is therefore proposing to believes this clarification will provide
the Chapter, 16 years was generally the
amend Reg. 3 and create § 570.33(l) to guidance to employers.
The additional occupations the minimum age at which the Red Cross
specifically prohibit the employment of
Department is proposing to permit 14- would provide such certification. The
14- and 15-year-old minors in
and 15-year-olds to perform are Chapter inquired as to whether Reg. 3
occupations involving the catching and
discussed below. would permit the employment of 15-
cooping of poultry for preparation for
year-olds as lifeguards. Also in 2000, a
transport or for market. The prohibition 1. Work of a Mental or Artistically municipality contacted the Department
would include the catching and cooping Creative Nature inquiring whether it could legally
of all poultry, not just chickens.
It is important to note that in those The Department routinely receives employ such youth as lifeguards at its
rare instances when the catching inquiries asking whether 14- and 15- city-owned swimming pools.
activities would be agricultural in year-old youth may be employed to The occupation of lifeguard is not
nature, such as where poultry catchers perform certain mental or artistically specifically authorized in Reg. 3 as an
are employed solely by a farmer on a creative activities in industries not occupation that 14- and 15-year-olds
farm to catch poultry raised by that specifically permitted by Reg. 3. The may perform. In response to the
farmer, the catchers would be subject to inquiries have concerned such jobs as a inquiries, the Department adopted an
the agricultural child labor provisions computer programmer and computer enforcement policy in 2000 that allowed
contained in FLSA sections 13(c)(1) and applications demonstrator for a college, 15-year-olds (but not 14-year-olds) to be
(2). print and runway model, and musical employed at swimming pools owned
director at a church or school. Often, and operated by state and local
B. Occupations That Are Permitted for these inquiries concern students who governments or private-sector retail
Minors Between 14 and 16 Years of Age are especially gifted or career oriented establishments under certain
(29 CFR §§ 570.33–.34) in a particular field. A strict adherence conditions. Those conditions included
As mentioned, section 3(l) of the to Reg. 3 requirements would not permit that the youth be trained and certified
FLSA expressly prohibits children the employment of a 14- or 15-year-old in aquatics and water safety by the Red
under the age of 16 from performing any in any of these scenarios, even though Cross, or by some similarly recognized
work other than that which the talented and motivated youth could certifying organization, and that the
Secretary of Labor permits, by order or safely and successfully perform these youth work under conditions acceptable
regulation, upon finding that it does not tasks without interfering with their to the Red Cross, or some similarly
interfere with their schooling or health schooling or health and well-being. recognized certifying organization. This
and well-being (see 29 U.S.C. 203(l)). The Department is proposing to revise enforcement position permitted such
Before a 14- or 15-year-old may legally Reg. 3 at § 570.34(b) to permit the employment at swimming pools
perform work covered by the FLSA, the employment of 14- and 15-year-olds to operated by hotels, amusement parks,
Act requires that the work itself be perform work of a mental or artistically cities, and state-owned universities, but
exempt, or that the Secretary of Labor creative nature such as computer did not permit such employment at
has determined that the work to be programming, the writing of software, pools operated by non-public and non-
performed does not constitute teaching or performing as a tutor, retail establishments such as apartment
oppressive child labor. The Secretary’s serving as a peer counselor or teacher’s houses, country clubs, private schools,
declarations of what forms of labor are assistant, singing, playing a musical home-owner associations, and private
not deemed oppressive for children instrument, and drawing. Permitted health clubs. In early 2005, the
between the ages of 14 and 16 appear in work of a mental nature would be Department, after reviewing additional
Reg. 3 (29 CFR 570.31–.38). limited to work that is similar to that information, extended this enforcement
Reg. 3 identifies a number of performed in an office setting and not position to permit the employment of
occupations or activities that are involving the use of any power-driven 15-year-olds as lifeguards at (1) all
specifically permitted for the equipment other than office machines. traditional swimming pools regardless
employment of youth 14 and 15 years of Artistically creative work would be of who owns, operates or manages the
age in retail, food service, and gasoline limited to work in a recognized field of establishments, and (2) those facilities
service establishments. As mentioned, artistic or creative endeavor. The of water amusement parks that
the Department proposes to revise this employment would be permitted in any constitute traditional swimming pools.
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list of permitted occupations by industry other than those prohibited by The Department proposes to revise
clarifying it, adding to it, and extending Reg. 3 and would also be subject to all Reg. 3 by creating § 570.34(l) to
its application to all employment the applicable hours and times incorporate portions of the current
covered by the FLSA, except those standards established in § 570.35 and enforcement position. The revision
employers engaged in mining or occupation standards contained in would permit 15-year-olds, but not 14-
manufacturing, or any industry or § 570.33. year-olds, to be employed as lifeguards,

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performing lifeguard duties, at other approved materials located either as lifeguards at such water amusement
traditional swimming pools and certain indoors or outdoors, used for bathing or park facilities as lazy rivers, wave pools,
areas of amusement water parks swimming and filled with a filtered and and the splashdown pools of elevated
operated by all types of employers, if disinfected water supply, together with slides could be construed as allowing
the minors have been trained and buildings, appurtenances and these youth to tend power-driven
certified by the Red Cross or a similarly equipment used in connection machinery. But the Department believes
recognized certifying organization. therewith. A water amusement park that the overall predominance of their
The occupation of lifeguard, as used means an establishment that not only responsibility to perform the core life-
in this subpart, entails the duties of encompasses the features of a traditional saving duty of rescuing patrons who are
rescuing swimmers in danger of swimming pool, but may also include in the water, which they have been
drowning, the monitoring of activities at such additional attractions as wave properly trained and certified to
a swimming pool to prevent accidents, pools; lazy rivers; specialized activities perform, outweighs the minimum,
the teaching of water safety, and areas such as baby pools, water falls, isolated, and sporadic amount of
assisting patrons. Lifeguards may also and sprinklers; and elevated water tending such lifeguards may potentially
help to maintain order and cleanliness slides. Properly certified 15-year-olds be called upon to do when stationed at
in the pool and pool areas, give would be permitted to be employed as wave pools, lazy rivers, and splashdown
swimming instructions, conduct or lifeguards at most of these water park pools.
officiate at swimming meets, and features.
administer first aid. Additional ancillary Not included in the definition of a 3. The Employment of Certain Youth by
lifeguard duties may include checking traditional swimming pool or a water Places of Business Where Machinery Is
in and out such items as towels, rings, amusement park would be such natural Used To Process Wood Products
watches and apparel. Permitted duties environment swimming facilities as The provisions of the Department of
for 15-year-olds would include the use rivers, streams, lakes, reservoirs, wharfs, Labor Appropriations Act, 2004,
of a ladder to access and descend from piers, canals, or oceanside beaches. amended the FLSA by creating a limited
the lifeguard chair; the use of hand tools It is important to note that § 570.33(b) exemption from the youth employment
to clean the pool and pool area; and the prohibits the employment of 14- and 15- provisions for certain minors 14 through
testing and recording of water quality year-olds in occupations involving the 17 years of age who are excused from
for temperature and/or pH levels, using operation or tending of power-driven compulsory school attendance beyond
all of the tools of the testing process machinery, except office machines. This the eighth grade. The exemption,
including adding chemicals to the test prohibition has always encompassed the contained at section 13(c)(7) of the
water sample. Fifteen-year-olds operation or tending of all power-driven FLSA, allows eligible youth to work
employed as lifeguards would, however, amusement park and recreation inside and outside of places of
be prohibited from entering or working establishment rides—including elevated businesses that use machinery to
in any mechanical rooms or chemical slides found at water amusement parks. process wood products, subject to
storage areas, including any areas where Such slides, which often reach heights specified limitations. The Department is
the filtration and chlorinating systems of over 40 feet, rely on power-driven incorporating the new requirements of
are housed. The other provisions of Reg. machinery that pump water to the top this amendment into its regulations. The
3, including the restrictions on hours of of the slides which facilitates the Department is proposing to incorporate
work contained at § 570.35(a), would descents of the riders to the ‘‘splash- the amendment into Reg. 3 at
continue to apply to the employment of down’’ areas at the base of the slides. § 570.34(m), and into § 570.54, Logging
15-year-old lifeguards. Minors less than 16 years of age may not occupations and occupations in the
Under the proposed rule, no youth be employed as dispatchers or operation of any sawmill, lath mill,
under 15 years of age, whether properly attendants at the top of elevated water shingle mill, or cooperage stock mill
certified or not, could legally perform slides—employees who maintain order, (Order 4).
any portion of the lifeguard duties direct patrons as to when to depart the Section 13(c)(7) overrides the
detailed above as part of his or her top of the slide, and ensure that patrons heretofore complete prohibition on the
FLSA covered employment. The core have safely begun their ride—because employment of 14- and 15-year-olds in
and defining duty of a lifeguard is the such work constitutes ‘‘tending’’ as used manufacturing occupations contained in
rescuing of swimmers in danger of in Reg. 3. In addition, when serving as section 3(l) of the FLSA. Accordingly, to
drowning, often by entering the water dispatchers or attendants at the top of meet the requirements of this
and physically bringing the swimmer to an elevated water slide, minors under legislation, the Department is proposing
safety. Under the Department’s 16 years of age are not performing, nor to revise Reg. 3 to permit the
proposal, any employee under the age of can they reasonably be expected to employment of qualifying 14- and 15-
16 whose duties include this core perform, the core lifeguard duty of year-olds inside and outside of places of
duty—such as a ‘‘junior lifeguard’’ or a rescuing swimmers because they are so business where manufacturing (the
‘‘swim-teacher aide’’—or whose far removed from the splash-down area processing of wood products by
employment could place him or her in of the slide. Accordingly, even if 15- machinery) takes place, subject to
a situation where the employer would year-old minors have been certified as specified conditions and limitations.
reasonably expect him or her to perform lifeguards, the provisions of § 570.34(l) The Department proposes to limit the
such rescue duties, would be would not apply to the time spent as types of employers who may employ
performing the duties of a lifeguard dispatchers or attendants at an elevated such minors, as well as the worksites at
while working in such a position. For water slide. Properly certified 15-year- which such minors may be employed, to
such employment to comply with Reg. old lifeguards, however, may be those contemplated by the language of
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3, the employee would have to be at stationed at the ‘‘splashdown pools’’ the statute and mentioned by the
least 15 years of age and be properly located at the bottom of the elevated sponsors of the legislation and the
certified. water slides to perform traditional interested parties that testified at the
A traditional swimming pool, as used lifeguard duties. hearings held by Congress prior to the
in this subpart, would mean a water- The Department is aware that enactment of the legislation (see, e.g.,
tight structure of concrete, masonry, or permitting 15-year-olds to be employed Testimony Before Senate Labor, Health

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and Human Services, and Education through 17 years of age to work in debris or by maintaining a sufficient
Subcommittee of the Committee on sawmills where trees, logs, and lumber distance from machinery in operation,
Appropriations, The Employment Needs would be processed. This revised and (2) required to use personal
of Amish Youth, 107th Cong. 2 (2001)). definition of power-driven woodworking protecting equipment to prevent
The term places of business where machines would be included in exposure to excessive levels of noise
machinery is used to process wood § 570.34(m) of Reg. 3 and both § 570.54 and saw dust. It is the Department’s
products shall mean such permanent (HO 4) and § 570.55 (HO 5). position that section 13(c)(7)’s
workplaces as sawmills, lath mills, The limited exemption contained in prerequisite that the youth is ‘‘required
shingle mills, cooperage stock mills, section 13(c)(7) applies only to certain to use personal protective equipment to
furniture and cabinet making shops, youth—new entrants into the prevent exposure to excess levels of
gazebo and shed making shops, toy workforce—and only when certain noise and saw dust’’ includes the
manufacturing shops, and pallet shops. additional criteria are met. Section youth’s actual use of such equipment
The term shall not include construction 13(c)(7) defines a new entrant into the and not just the employer’s obligation to
sites, portable sawmills, areas where workforce as an individual who is under mandate such use.
logging is being performed, or mining the age of 18 and at least the age of 14, The Wage and Hour Division has
operations. The term inside or outside and, by statute or judicial order, is consulted with representatives of the
places of business refers to the distinct exempt from compulsory school Department’s Occupational Safety and
physical place of the business, i.e., the attendance beyond the eighth grade. Health Administration (OSHA) and will
buildings and the immediate grounds In addition, in order to be employed defer to that agency’s expertise and
necessary for the operation of the inside or outside of places of business guidance when determining whether an
business. This exemption would not where machinery is used to process employer is in compliance with the
apply to tasks performed at locations wood products, the new entrant must be safety provisions of this exemption—
other than inside or outside the place of supervised by an adult relative or an i.e., whether a workplace barrier is
business of the employer such as the adult member of the same religious sect appropriate to the potential hazard,
delivery of items to customers or the or division as the entrant. The term whether a sufficient distance has been
installation of items at customers’ supervised refers to the requirement that maintained from machinery in
establishments or residences. the youth’s on-the-job activities be operation, and whether the youth is
directed, monitored, overseen, and exposed to excessive levels of noise and
Although section 13(c)(7) permits the controlled by a specified named adult. saw dust. The Department proposes that
employment of certain youth inside and Although the statute does not define the compliance with the safety and health
outside of places of business where terms adult and relative, the Department provisions discussed in the previous
machinery is used to process wood proposes that, for purpose of this paragraph will be accomplished when
products, it does so only if the youth do exemption, a relative would include a the employer is in compliance with the
not operate or assist in the operation of parent (or person standing in place of a requirements of the applicable
power-driven woodworking machines. parent), a grandparent, an aunt, an governing standards issued by OSHA or,
The terms operate or assist in the uncle, and a sibling; and an adult would in those areas where OSHA has
operation and power-driven be someone who has reached his or her authorized the state to operate its own
woodworking machines are well- eighteenth birthday. The Department Occupational Safety and Health Plan,
established in 29 CFR 570.55, and the also proposes that the term adult the applicable standards issued by the
Department proposes to revise Reg. 3 to member of the same religious sect or Office charged with administering the
include these definitions along with the division as the youth would mean an State Occupational Safety and Health
specific prohibition against operating or adult who professes membership in the Plan.
assisting in the operation of power- same religious sect or division to which
driven woodworking machines. Section the youth professes membership. The C. Periods and Conditions of
570.55 lists, when discussing the Department believes that in order to Employment (29 CFR § 570.35)
prohibited occupations involved in the ensure these youth receive the degree of FLSA section 3(l) authorizes the
operation of power-driven woodworking protection from injury Congress Secretary of Labor to provide by
machines, such activities as supervising intended, the supervision of the minors regulation for the employment of young
or controlling the operation of the must be close, direct, and workers 14 and 15 years of age in
machines, feeding materials into such uninterrupted. No other provision of the suitable nonagricultural occupations
machines, and helping the operator feed federal nonagricultural youth and during periods and under
material into such machines. The list employment rules requires such a conditions that will not interfere with
also includes the occupations of setting specific level of supervision. It is their schooling or with their health and
up, adjusting, repairing, oiling, or important to note that this requirement well-being. In enacting FLSA section
cleaning the machines. That same of supervision, just like the requirement 3(l), Congress intended to assure the
section defines power-driven that youth not operate or assist in the health and educational opportunities of
woodworking machines to mean all operation of power-driven woodworking 14- and 15-year-olds, while allowing
fixed or portable machines or tools machinery, applies to the employment them limited employment
driven by power and used or designed of 16- and 17-year-olds as well as 14- opportunities.
for cutting, shaping, forming, surfacing, and 15-year-olds. In 1939, Reg. 3 was promulgated
nailing, stapling, wire stitching, Furthermore, section 13(c)(7) permits under the direction of the Chief of the
fastening, or otherwise assembling, the employment of a new entrant inside Children’s Bureau, in whom Congress
pressing, or printing wood or veneer. or outside places of business where vested the original delegation of
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The Department is proposing to amend machinery is used to process wood authority to issue child labor
the definition of power-driven products only if the youth is (1) regulations. The record on which Reg. 3
woodworking machines to include those protected from wood particles or other was based included hearings where
machines that process trees, logs, and flying debris within the workplace by a child labor advocates expressed concern
lumber in recognition that section barrier appropriate to the potential over the need for children to avoid
13(c)(7) now permits certain youth 14 hazard of such wood particles or flying fatigue, so as not to deplete the energy

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19348 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules

required for their school work. public school he or she would normally the school district where such employee
Similarly, witnesses stressed that early attend. Such minors would be exempt is living while he is so employed, if
morning and late evening work hours, from the ‘‘when school is in session’’ such employee * * * (c) is fourteen
which interfered with sleep and often hours standards limitations contained in years of age or older.’’
fostered exhaustion, were unhealthful §§ 570.35(a)(1), (a)(3) and (a)(5). The The Department, though not
for children and also diminished the employment of such minors would still proposing specific regulatory language
time that children should have spent be governed by the remaining regarding these terms at this time, is
with the family (see In the Matter of provisions of Reg. 3, including the daily, seeking information from the public
Proposed Regulation Relating to the weekly, morning, and evening hours regarding whether such regulatory
Employment of Minors Between 14 and standards limitations contained in provisions would be appropriate
16 Years of Age Under the Fair Labor §§ 570.35(a)(2), (a)(4), and (a)(6). including whether: (1) The Department
Standards Act, Official Report of the The Department also proposes to should continue to use the hours of
Proceedings Before the Children’s clarify the hours restriction contained in operation of the local public school
Bureau, February 15, 1939, at 19, 21, 34, § 570.35(a)(5), which limits the where a minor resides to determine
82). Reg. 3 limits the hours that 14- and employment of 14- and 15-year-olds in when he or she may legally be
15-year-olds may work to: nonagricultural employment to no more employed, even when that minor does
(1) Outside school hours; than 3 hours on a day when school is not attend that local public school or,
(2) Not more that 40 hours in any 1 in session, by adding a statement that for whatever reason, may actually have
week when school is not in session; this restriction also applies to Fridays. attendance requirements that differ from
(3) Not more than 18 hours in any 1 The Wage and Hour Division that of the rest of the students attending
week when school is in session; occasionally receives requests for that local school; (2) the FLSA’s
(4) Not more than 8 hours in any 1 clarification from employers seeking to requirement that such a minor only be
day when school is not in session; lengthen the work shifts of younger employed under conditions and during
(5) Not more than 3 hours in any 1 employees on nights that do not precede periods that will not interfere with his
day when school is in session; and a school day. As the stated purposes of or her schooling or health and well-
(6) Between 7 a.m. and 7 p.m. in any the hours standards limitations include being would be equally or better served
1 day, except during the summer (June the protection of young workers from if it were based on the minor’s own
1 through Labor Day) when the evening exhaustion and the preservation of time actual academic schedule; (3) using the
hour will be 9 p.m. for rest and family relations, no more academic schedule and attendance
The Department is not proposing to than 3 hours of work is permitted on requirements of each minor when
change any of these hours and time-of- any day when school was in session. determining when school was in session
day limitations, but wishes to foster The Department also proposes to for that minor would provide working
both understanding of, and compliance incorporate into Reg. 3 its long standing youths greater opportunities and
with, these provisions by incorporating position that the term week as used in flexibility when seeking safe, positive
into the regulations certain long- Reg. 3 means a standard calendar week and legal employment. Based on
standing Departmental enforcement of 12:01 a.m. Sunday through midnight comments received, the Department will
positions and interpretations. For Saturday, not an employer’s workweek consider adding a regulatory provision
example, the Department has developed as defined in 29 CFR § 778.105. The defining the terms school hours and
long-standing enforcement positions calendar week would continue to serve school is in session, as they apply to
regarding the application of certain of as the timeframe for determining nonagricultural employment.
the hours standards limitations to whether a minor worked in excess of 18
minors, who for differing reasons, no hours during any week when school D. Work-Study Programs
longer attend or are unable to attend was in session or in excess of 40 hours Effective November 5, 1969, Reg. 3
school. Some of these positions have in any week when school was not in was amended to provide a variance from
been in place since the 1970s and all session. some of the provisions of § 570.35 for
have been detailed in the Wage and Finally, as noted above, Reg. 3 limits the employment of minors 14 and 15
Hour Division’s Field Operations the employment of 14- and 15-year-olds years of age enrolled in and employed
Handbook since 1993. The Department to periods that are outside of school pursuant to a school-supervised and
proposes to incorporate them into Reg. hours and to designated hours administered Work Experience and
3 to promote both clarity and depending whether or not school is in Career Exploration Program (WECEP).
compliance. The Department proposes session. Although neither the FLSA nor Although originally proposed as an
to amend § 570.35 to reflect that school Reg. 3 defines the terms school hours experimental program, Reg. 3 was
would not be considered to be in and school is in session as they apply amended to make the WECEP a
session for a 14-or 15-year-old minor to nonagricultural employment, the permanent exception.
who has graduated from high school; or Department has developed and applied WECEP was created to provide a
has been excused from compulsory a long-standing enforcement position carefully planned work experience and
school attendance by the state or other that these terms refer to the normal career exploration program for 14- and
jurisdiction once he or she has hours of the public school system in the 15-year-old youth who can benefit from
completed the eighth grade and his or child’s district of residence. This a career oriented educational program
her employment complies with all the enforcement position mirrors the designed especially to meet the
requirements of the state school provisions of FLSA section 13(c)(1), participants’ needs, interests, and
attendance law; or has a child to which Congress added in1949, to clarify abilities. The program was, and
support and appropriate state officers, how these terms applied to the continues to be, specifically geared to
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pursuant to state law, have waived employment of youth in agricultural helping dropout-prone youth become
school attendance requirements for this employment. FLSA section 13(c)(1) reoriented and motivated toward
minor; or is subject to an order of a state states, in relevant part: ‘‘The provisions education and to prepare for the world
or federal court prohibiting him or her of section 12 relating to child labor shall of work.
from attending school; or has been not apply to any employee employed in Section 570.35a establishes the
permanently expelled from the local agriculture outside of school hours for criteria that must be met in order for

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states to apply for and receive academic schedules of the students are operate a work-study program that
authorization to operate a WECEP. This carefully coordinated so that students would permit certain 14- and 15-year-
same section details the terms, do not miss any classes on the days they olds to work during school hours and
conditions, and responsibilities work and the school year has been up to eight hours on a school day under
participating states agree to assume extended beyond the standard academic specific circumstances. An individual
upon receiving authorization to operate schedule of the local public school to private school that was not part of a
a WECEP. compensate for the time the students network, district, or system would also
As mentioned, certain provisions of spend at work. These accommodations be able to apply to participate in a work
§ 570.35 relating to the Reg. 3 hours ensure that students complete a fully study program.
standards are varied for youth enrolled accredited, college preparatory The youth would have to be enrolled
in and employed pursuant to an curriculum that exceeds both state and in a college preparatory curriculum and
approved WECEP. Such youth may accrediting agency requirements. Under must receive, every year they participate
work up to 23 hours in any one week the Network model, students do not in the work-study program, at least the
when school is in session, any portion work more than eight hours a day, minimum number of hours of class
of which may be during school hours. before 7 a.m. or after 7 p.m., and are room instruction required by the
The other provisions of § 570.35 transported to and from their jobs by the applicable state educational agency
(limiting employment to no more than school. The students receive at least the responsible for establishing such
3 hours on any one day school is in applicable federal and state minimum standards. Participating youth would
session, no more than 8 hours a day on wages, and applicable taxes are also be required to receive annual
any one day school is not in session, withheld and reported by their classroom instruction in work place
and no more than 40 hours in any one respective employers. The Network safety and youth employment
week when school is not in session) envisioned the work-study program as provisions. Home-schooled youth
remain applicable to the employment of an integral part of the academic would be able to participate in work-
WECEP participants. Section 570.35a program, yielding benefits on many study programs operated by local public
also includes provisions that allow the different levels. Students, their parents, schools in the same manner many
Administrator of the Wage and Hour and the work-study director sign an currently participate in team sports
Division discretion to grant requests for agreement defining performance programs, band, and other
special variances from the occupation expectations and program support extracurricular activities.
standards established by §§ 570.33 and structures. Participating employers are Each participating school would be
570.34. also required to sign an agreement required to name a teacher-coordinator
Several states have advised the defining job duties and expectations. All to supervise the work-study program,
Department that WECEP serves its students are required to participate in make regularly scheduled visits to the
targeted audience well, helping the work-study program, beginning with students’ work sites, and ensure that
dropout-prone students, especially their freshman year and ending at participants are employed in
those who are not academically graduation. compliance with the minimum wage
oriented, stay in school and complete The Network provided information and youth employment provisions of
their high school educations. However, that its model is achieving its stated the FLSA. In addition, the teacher-
WECEP, by design, does little to help aims. It advised the Department that 100 coordinator, the employer and the
those students who wish to use work percent of the students of the 2003 student would be required to sign a
experience, and the wages such graduating class of one of its schools written participation agreement that
experiences generate, as a means to were accepted into college. The school details the objectives of the work-study
realize their academic potential and is located in a neighborhood where 20 program, describes the specific job
acquire a college education. percent of those attending the local duties to be performed by the student,
In 2003, the Department became public school drop out annually and the and the number of hours and times of
aware of a non-profit network of private high school graduation rate is 55 day that the student would be employed
schools, hereafter referred to as the percent. each week. The agreement, which must
Network, that was operating a corporate Reg. 3, as currently written, does not also be signed or otherwise consented to
work-study program for its students. allow 14- and 15-year-olds to participate by the student’s parent or guardian,
The Network is an association of in such work-study programs. Such would also affirm that the student will
private, not-for-profit college youth may not work during the hours receive the minimum number of hours
preparatory high schools that strive to school is in session—unless of class room instruction as required by
meet the educational needs of people in participating in a state sponsored the state educational agency for the
many economically challenged areas WECEP—and may not work more than completion of a fully-accredited college
throughout the country. The work-study three hours on a day the local public preparatory curriculum and that the
program was implemented to help school is in session. employment will comply with the
students offset the costs of a quality Because the Department believes that applicable youth employment and
college preparatory education and the health, well-being, and educational minimum wage provisions of the FLSA.
develop important work experience and opportunities of 14- and 15-year-olds Students participating in a valid
socialization skills that will allow them who are academically oriented are not work-study program would be permitted
to assume leadership roles as adults. placed at risk by participation in to work up to eighteen hours a week, a
Under the Network’s model, five structured work-study programs such as portion of which may be during school
students share a single, full-time clerical the Network’s model- and are in fact hours, in accordance with the following
position with a private employer at a enhanced by such participation-it is formula that is based upon a continuous
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work place screened and selected by the proposing that Reg. 3 be revised to four-week cycle. In three of the four
school. Each youth works five full days accommodate such programs. The weeks, the participant would be
per four-week period for the employer at Department proposes to allow public permitted to work during school hours
the work place-one eight hour-day once and private school districts or systems on only one day per week, and for no
a week for three weeks, and two eight- to apply to the Administrator of the more than for eight hours on that day.
hour days every fourth week. The Wage and Hour Division for approval to During the remaining week of the four-

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week cycle, such minor would be mills to work in offices or in repair or Injuries (CFOI), the Report identified 82
permitted to work during school hours maintenance shops; straighten, mark, or fatalities of workers between 1992 and
on no more than two days, and no more tally lumber on the dry chain or the dry 1997 employed in the forestry industry
than for eight hours on each of those drop sorter; pull lumber from the dry as a whole, which includes
two days. The employment of such chain; clean up the lumberyard; pile, establishments primarily engaged in the
minors would still be subject to the time handle, or ship cooperage stock in yards operation of timber tracts, tree farms,
of day and number of hours standards or storage sheds other than operating of forest nurseries and those providing
contained in §§ 570.35(a)(2), (a)(3), or assisting in the operation of power- related forest service activities such as
(a)(4), and (a)(6). driven equipment; clerical work in the cruising and estimating timber,
yards or shipping sheds, such as done reforestation, fire prevention and fire
E. Logging Occupations and
by ordermen, tally-men, and shipping fighting, pest control, timber valuation,
Occupations in the Operation of Any
clerks; clean-up work outside shake and and the gathering of forest products.
Sawmill, Lath Mill, Shingle Mill, or Although the Report notes that there
shingle mills, except when the mill is in
Cooperage Stock Mill (Order 4) (29 CFR was almost no data specific to workers
operation; split shakes manually from
570.54) 16 and 17 years of age, the CFOI
precut and split blocks with a fore and
HO 4 generally prohibits minors 16 mallet, except inside the mill building identifies 35 deaths in timber tract
and 17 years of age from being or cover; pack shakes into bundles when operations for all age groups between
employed in most occupations in done in conjunction with splitting 1992 and 1997 and 39 deaths in forestry
logging and in the operation of a shakes manually with a froe and mallet, service operations for all age groups
sawmill, lath mill, shingle mill or except inside the mill building or cover; during the same period. In addition,
cooperage stock mill. The HO was and manually load bundles of shingles NIOSH also was able to identify 16
created because of the extremely high or shakes into trucks or railroad cars, additional deaths of workers of all ages
numbers of occupational fatalities and provided that the employer has on file that were clearly attributable to forest
injuries that were experienced by a statement from a licensed doctor of firefighting activities. These are indeed
workers of all ages in these industries. medicine or osteopathy certifying the occupations that experience high rates
HO 4 currently provides exemptions minor capable of performing this work of fatalities.
that allow 16- and 17-year-olds to without injury to himself. NIOSH notes that work in SIC 083,
perform some occupations within the The NIOSH Report recommends that forest nurseries and gathering of forest
logging industries. Such minors may the Department not only retain HO 4, products, is associated with very small
perform work in offices or repair or but expand its coverage to include work numbers of fatalities and should not be
maintenance shops. They may work in in the operation of timber tracts prohibited by HO 4. SIC 083
the construction, operation, repair, or (Standard Industrial Classification (SIC) encompasses those establishments
maintenance of living and 081) and forestry services (SIC 085) primarily engaged in growing trees for
administrative quarters of logging because of the high number of fatalities purposes of reforestation or in gathering
camps. They may work in the peeling of occurring in such operations. The SIC forest products. The concentration or
fence posts, pulpwood, chemical wood, industry group of timber tracts distillation of these products, when
excelsior wood, cordwood, or similar encompasses establishments primarily carried out in the forest, is also included
products when not done in conjunction engaged in the operation of timber tracts in this industry. Examples of industries
with and at the same time and place as or tree farms for the purpose of selling or activities included in SIC 083 are the
other logging occupations declared standing timber, including those gathering of balsam needles, ginseng,
hazardous by HO 4. They may work in establishments that grow Christmas huckleberry greens, maple sap, moss,
the feeding and care of animals. Finally, trees. The SIC industry group of forestry Spanish moss, sphagnum moss,
they may work in timber cruising, services encompasses establishments teaberries, and tree seeds; the
surveying, or logging engineering primarily engaged in performing, on a distillation of gum, turpentine, and
parties; in the repair or maintenance of contract or fee basis, services related to rosin if carried on at the gum farm; and
roads, railroads, or flumes; in forest timber production, wood technology, the extraction of pine gum. It should
protection, such as clearing fire trails or forestry economics and marketing, as also be noted that section 13(d) of the
roads, piling and burning slash, well as other forestry services not FLSA already provides an exemption
maintaining fire-fighting equipment, contained in another SIC such as from the Act’s minimum wage,
constructing and maintaining telephone cruising timber, forest firefighting, and overtime, and youth employment
lines, or acting as fire lookouts or fire reforestation. Establishments that provisions to any homeworker engaged
patrolman away from the actual logging perform timber estimation and valuation in the making of wreaths composed
operations—but only if such tasks do and forest fire prevention and pest principally of natural holly, pine, cedar,
not involve the felling and bucking of control are also included in SIC 085. or other evergreens (including the
timber, the collecting or transporting of The Report states ‘‘The logging harvesting of the evergreens or other
logs, the operation of power-driven industry * * * had the highest lifetime forest products used in making such
machinery, the handling or use of risk of fatal injury of any industry, at 47 wreaths).
explosives, and working on trestles. deaths per 1,000 workers based on an The Report also recommends that that
HO 4 also provides exemptions at analysis of National Traumatic the Department remove the current
§ 570.54(a)(2), permitting 16- and 17- Occupational Fatality Surveillance exemption that permits 16- and 17-year-
year-olds to be employed in certain System data for 1990 and 1991. olds to work in the construction of
sawmill, lath mill, shingle mill, or Sawmills, planing mills, and millwork living and administrative quarters of
cooperage stock mill occupations. These * * * had the 14th highest lifetime risk logging camps. The Report states:
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exemptions, which do not apply to work of 5.8 deaths per 1,000 workers.’’ The ‘‘Construction work has high risks for
performed in a portable sawmill or that Report also documents that the forestry fatal and nonfatal injuries and should
entails the young worker entering the industry has a high fatality rate as well, not be exempted in the construction of
sawmill building, permit 16- and 17- and workers face injury risks similar to living or administrative quarters at
year-olds employed in sawmills, lath those of logging workers. Citing data logging sites or mills.’’ The Department
mills, shingle mills, or cooperage stock from the Census of Fatal Occupational is seeking public comments about this

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issue in the ANPRM that is being maintenance, and patrolling of firelines; received requests for clarification as to
published concurrently with this acting as a fire lookout or fire the meaning of remanufacturing
NPRM. patrolman; and tasks associated with the departments, it proposes to add the
As mentioned earlier, the Department operation of a temporary firefighting above definition to HO 4.
of Labor Appropriations Act, 2004 (Pub. base camp. The prohibition concerning The Department is also proposing to
L. 108–199), amended the FLSA by the employment of youth in forest revise HO 4 to include the above
creating a limited exemption from the firefighting and forest fire prevention definition of remanufacturing
youth employment provisions for would apply to all forest locations and departments, as well as the all
minors 14 to 18 years of age who are buildings located within the forest, not definitions necessitated by the
excused from compulsory school just where logging or sawmilling takes incorporation of the provisions of FLSA
attendance beyond the eighth grade. The place. We note that, because the FLSA section 13(c)(7) and discussed earlier in
exemption, contained in section 13(c)(7) does not cover individuals who this document. The Department also
of the FLSA, allows eligible youth, volunteer to perform services for state or proposes to restructure all the
under specific conditions, to be local government agencies when the definitions in HO 4 in an alphabetical
employed by businesses that use provisions in section 3(e)(4) are met, sequence to comport with guidance
machinery to process wood products, this proposal would not prohibit 16- provided by the Federal Register.
but does not allow such youth to and 17-year-old volunteers from The Department has decided not to
operate or assist in operating power- donating their forest firefighting services address, in this NPRM, the Report
driven woodworking machines. This to state and local governments. recommendation to remove the HO 4
exemption necessitates that the The Department is also proposing to exemption that permits 16- and 17-year-
Department revise both Reg. 3 and HO incorporate into HO 4 the provisions of olds to work in the construction of
4. the Department of Labor Appropriations living and administrative quarters of
The Department agrees with the Act, 2004 (Pub. L. 108–199), which logging camps. This is because the
Report recommendation that HO 4 amended the FLSA by creating a limited Report also recommends the creation of
should be expanded to cover work in exemption from the youth employment a new HO that would prohibit all work
forest firefighting and forest fire provisions for certain minors 14 through in construction occupations which, if
prevention because of the risks inherent 17 years of age who are excused from adopted, would impact the provisions of
in those occupations. The Department is compulsory school attendance beyond not only HO 4 but several other HOs.
also inclined to adopt NIOSH’s the eighth grade. The exemption, The Department believes additional
recommendation that the employment contained at section 13(c)(7) of the information is needed before it can
of 16- and 17-year-olds be prohibited in FLSA, overrides the HO 4 prohibition address such a broad recommendation
the operation of timber tracts, tree farms against 16- and 17-year-olds performing that would impact all construction
and forestry services, but is concerned any work in the sawmill industry that occupations. Accordingly, the
that such youth may be able to be safely entails entering the sawmill building by Department is issuing an ANPRM, in
employed in certain facets or permitting certain youth to be employed conjunction with and on the same day
occupations within those industries inside and outside of places of business as this NPRM, that requests public
without jeopardizing their health or where machinery is used to process comment on this issue.
well-being. Therefore, the Department is wood products. The Department F. Occupations Involved in the
asking, in this NPRM, for information proposes to revise HO 4 to incorporate Operation of Power-Driven Wood
from the public that will help it identify the provisions of section 13(c)(7) in the Working Machines (Order 5) (29 CFR
which occupations or tasks within the same manner, and using the same 570.55)
timber tract, tree farm, and forestry definitions and interpretations, as it
services industries, if any, are not proposed when discussing revisions to HO 5 generally prohibits the
particularly hazardous or detrimental to Reg. 3, above. employment of 16- and 17-year-olds in
the health and well-being of youth. The term all occupations in the occupations involving the operating,
The Department is proposing to revise operation of any sawmill, lath mill, setting up, adjusting, repairing, oiling,
HO 4 to add a prohibition on the shingle mill, or cooperage stock mill, as or cleaning of power-driven
employment of youth 16 and 17 years of defined by HO 4, specifically excludes woodworking machines. It also
age in forest firefighting and forest fire work performed in the planing-mill prohibits the occupations of off-bearing
prevention occupations to the current department or other remanufacturing from circular saws and from guillotine-
prohibitions on logging occupations, departments of any sawmill, or in any action veneer clippers. As previously
and occupations in the operation of any planing mill or remanufacturing plant mentioned, FLSA section 13(c)(7) now
sawmill, lath mill, shingle mill, or not a part of a sawmill. Although not permits certain minors who are at least
cooperage stock mill. The Department defined in the regulations, the 14 years of age and under the age of 18
proposes to revise the title of HO 4 to Department has, since at least 1942, years to be employed inside and outside
reflect these changes. considered the term remanufacturing of places of business where machinery
Under this proposal, all occupations departments to mean those departments is used to process wood products, but
in forest firefighting and forest fire of a sawmill where lumber products does not allow such youth to operate or
prevention shall include the controlling such as boxes, lawn furniture, and the assist in operating power-driven
and extinguishing of fires, the wetting like are remanufactured from previously woodworking machines.
down of areas or extinguishing of spot cut lumber. The kind of work performed The term power-driven woodworking
fires, the patrolling of burned areas to in such departments is similar to that machines has long been defined in
assure the fire has been extinguished, done in planing mill departments in § 570.55(b) to mean all fixed or portable
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and the piling and burning of slash. The that rough lumber is surfaced or made machines or tools driven by power and
term shall also include the following into other finished products. The term used or designed for cutting, shaping,
tasks when performed in conjunction is not intended to denote those forming, surfacing, nailing, stapling,
with, or in support of, efforts to operations in sawmills where rough wire stitching, fastening, or otherwise
extinguish an actual fire: The clearing of lumber is cut to dimensions. Because assembling, pressing, or printing wood
fire trails or roads; the construction, the Department has, over the years, or veneer. Although FLSA section

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13(c)(7) does not impact the repairing, and disassembling. Currently, brackets mounted on, or attached to, an
prohibitions of HO 5 because eligible the work of repairing, servicing, endless belt, cable, chain or similar
youth are still prevented from operating disassembling, and tending the method of suspension; such belt, cable
power-driven woodworking machinery, machines covered by HO 7 is prohibited or chain operating in a substantially
it does expand the types of workplaces to 14- and 15-year-olds under Reg. 3 at vertical direction and being supported
where certain youth may be employed § 570.33(b). Under HO 7, 16- and 17- by and driven through pulleys, sheaves
to include sawmills, lath mills, shingle year-olds may currently perform such or sprockets at the top and bottom. The
mills, and cooperage stock mills as well work, except they may not assist in the Report is correct that this current
as other workplaces the Department is operation of a crane, derrick, or hoist as definition of manlift does not include,
proposing to include under Reg. 3 and defined by the HO. and therefore does not prohibit, 16- and
HO 4. Employees at these newly The Report also recommends that HO 17-year-olds from operating or tending
permitted work sites routinely use 7 be expanded to prohibit youth from aerial platforms and other manlifts such
power-driven equipment that process riding on any part of a forklift as a as scissor lifts, boom-type mobile
materials that may not be included in passenger (including the forks) and from elevating work platforms, work assist
the current definition of power-driven working from forks, platforms, buckets, vehicles, cherry pickers, basket hoists,
woodworking machines contained in or cages attached to a moving or and bucket trucks.
HO 5, such as trees, logs, and lumber. stationary forklift. The Report notes that The Report also recommends that HO
Accordingly, the Department is substantial numbers of fatalities occur 7 be revised to eliminate the exemption
proposing to amend the definition of among workers who are passengers on that permits 16- and 17-year-olds to
power-driven woodworking machines to forklifts, riding on the forks, or working operate an electric or air-operated hoist
include those machines that process from the raised forklift attachments. not exceeding one-ton capacity. The
trees, logs, and lumber. To ensure Currently, 14- and 15-year-olds are Report states that current injury and
consistency, the Department is prohibited from riding on forklifts fatality surveillance systems do not
proposing that this single definition of because Reg. 3 prohibits such youth provide sufficient detail to justify this
power-driven woodworking machines be from operating or tending hoisting exemption. ‘‘A hoisted load weighing
included in § 570.34(m) (Reg. 3), apparatus and any power-driven less than one ton has the potential to
§ 570.54 (HO 4), and § 570.55 (HO 5). machines other than office equipment. cause injury or death as a result of
The Department is also proposing to The Department has long interpreted falling, or being improperly rigged or
restructure the two definitions in this tending to include riding upon the handled. Hoist-related fatalities of
section to reflect an alphabetical power-driven equipment. HO 7, young workers have been reported,
sequence in accordance with guidance however, prohibits older youth only including a recent case in which a youth
provided by the Federal Register. from operating high-lift trucks such as was killed while operating a half-ton
forklifts. Since 1999, the WHD has capacity hoist.’’
G. Occupations Involved in the The Department is proposing to
investigated at least three incidents
Operation of Power-Driven Hoisting implement all five of the Report
where youth under 18 years of age were
Apparatus (Order 7) (29 CFR 570.58) recommendations concerning HO 7.
seriously injured while riding on
HO 7 generally prohibits 16- and 17- forklifts being operated by other Sections 570.58(a)(1) and (a)(2) would
year-olds from employment in employees. One 16-year-old who was be revised to reflect that in addition to
occupations that involve the work of: (1) riding on the tines of a forklift suffered work involved with operating the
Operating an elevator, crane, derrick, especially serious injuries to his liver named equipment, the work of tending,
hoist, or high-lift truck except such and pancreas as a result of being pinned riding upon, working from, servicing,
youth may operate unattended against a wall when the driver was repairing or disassembling such
automatic operation passenger elevators unable to stop the forklift. equipment would also be prohibited.
and electric or air operated hoists not The Report also recommends that HO Section 570.58(a)(3) would be
exceeding one ton capacity; (2) riding 7 be expanded to prohibit work from eliminated because its provisions would
on a manlift or on a freight elevator, truck-mounted bucket or basket hoists now be contained in the revised
except a freight elevator operated by an commonly termed ‘‘bucket trucks’’ or § 570.58(a)(1); the work of assisting in
assigned operator; and (3) assisting in ‘‘cherry pickers’’ because worker the operation of a crane, derrick, or
the operation of a crane, derrick or hoist fatalities are associated with work from hoist would be prohibited because such
performed by crane hookers, crane such equipment. The Report specifically tasks fall within the scope of tending of
chasers, hookers-on, riggers, rigger notes the risk of falls and electrocution equipment. The exemption contained in
helpers, and like occupations. being linked with such equipment. The § 570.58(a)(1) permitting youth to
The Report recommends that the Report, citing CFOI data, reflects that operate and ride inside passenger
Department expand HO 7 to prohibit the there were 99 worker deaths associated elevators would be retained, but the
repairing, servicing, disassembling of with truck mounted bucket or basket exemption that currently allows 16- and
the machines and assisting in tasks hoists between 1992 and 1997. 17-year-olds to operate an electric or air-
being performed by the machines In addition, the Report recommends operated hoist not exceeding one ton
named in the HO. Assisting in tasks that HO 7 be expanded to prohibit 16- capacity would be eliminated as per the
being performed by the machines would and 17-year-olds from employment Report recommendation.
be tending the machines. The Report involving certain commonly used The Department also proposes to
reflects substantial numbers of deaths manlifts—especially aerial platforms- reformat the definitions section
and injuries are associated with that do not meet the current definition contained in HO 7 to reflect an
operating and assisting in tasks of manlift contained in the HO. The alphabetical sequence in accordance
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performed by power-driven hoisting Report contends that such manlifts with guidance provided by the Federal
apparatus, including deaths of youth. appear to pose more significant injury Register. In addition, the Department
Additionally, a considerable number of risk than those traditionally prohibited proposes to revise the definition of
deaths were associated with activities by HO 7. HO 7 defines a manlift as a manlift so that, as recommended by the
not directly related to operation of the device intended for the conveyance of Report, it incorporates those pieces of
hoisting apparatus, notably servicing, persons that consists of platforms or equipment that perform the same

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functions as manlifts but that do not establishments that manufacture or encompassed in the existing HO. In
currently fall within the prohibitions of process meat products or sausage casing addition, there are a number of diverse
the HO. The proposed definition from such animals. The term currently and serious health hazards associated
includes a statement that the term does not include establishments that with the slaughtering of animals and
manlift shall also include truck-or process only poultry, rabbits, or small manufacturing of meat products,
equipment-mounted aerial platforms game. The term retail/wholesale or including exposure to infectious agents
commonly referred to as scissor lifts, service establishments, as defined in HO and respiratory hazards. The Report
boom-type mobile elevating work 10, includes establishments where meat notes that in 1997 there were an
platforms, work assist vehicles, cherry or meat products are processed or estimated 13,646 occupational injuries
pickers, basket hoists, and bucket handled, such as butcher shops, grocery and illnesses resulting in days away
trucks. stores, restaurants, quick service from work among employees in the
The Department is also proposing to establishments, hotels, delicatessens, meat product manufacturing industry.
revise the definition of high-lift truck to and meat locker (freezer-locker) Although the greatest number of these
incorporate a long-standing enforcement companies, and establishments where injuries and illnesses occurred in meat
position that industrial trucks such as any food product is prepared or packing plants (5,526), establishments
skid loaders, skid-steer loaders, and processed for serving to customers using that produce sausages and prepared
Bobcat loaders are high-lift trucks as machines prohibited by the HO. meats experienced 4,147 injuries and
defined by HO 7. Although not Included on the list of prohibited illnesses, and poultry slaughtering and
specifically named as high-lift trucks by power-driven meat processing machines processing establishments experienced
HO 7, such equipment meets the are meat patty forming machines, meat 3,937 that same year. In 1999, the
definition of high-lift trucks because and bone cutting saws, meat slicers, Department investigated the death of a
each is ‘‘a power-driven industrial type knives (except bacon-slicing machines), young poultry processing worker in
of truck equipped with a power- headsplitters, and guillotine cutters; Arkansas and the serious injury of a
operated lifting device * * * capable of snoutpullers and jawpullers; skinning similarly employed minor in Missouri
tiering loaded pallets or skids one above machines; horizontal rotary washing who injured both of his legs when he
the other.’’ The Department has opined machines; casing-cleaning machines slipped and fell into an auger. The
on this matter, in writing, since at least such as crushing, stripping, and minor also suffered severe nerve damage
1993. By adding skid loaders, skid-steer finishing machines; grinding, mixing, and second degree burns.
loaders, and Bobcat loaders to the chopping, and hashing machines; and The Report also recommends that HO
definition of high-lift trucks, the presses (except belly-rolling machines). 10 be revised to allow 16- and 17-year-
Department believes it will clarify the The term operation includes setting-up, olds to operate and feed power-driven
requirements for compliance with HO 7. adjusting, repairing, oiling, or cleaning meat and food slicers in retail,
The Department has successfully such machines, regardless of the wholesale and service industry
defended this enforcement position, product being processed by the establishments. This is one of the few
most recently in a case where minors machine. For example, HO 10 prohibits recommendations the Report makes that
were employed to operate a skid-steer a minor from operating a meat slicer in would relax current prohibitions, and it
loader to clean trailers used to haul a restaurant to cut cheese or vegetables. is made with the rationale that
livestock. The Department prevailed In addition, the Department has, as early ‘‘although data show high numbers of
despite the fact that the youth did not as 1991, interpreted the prohibition on
injuries associated with power-driven
operate or utilize the loader’s hoisting slicers, the injuries appear to be
cleaning such machines as precluding
device but used the skid-steer loader as relatively minor.’’ NIOSH includes the
16- and 17-year-olds from performing
a ‘‘scraper’’ (see Lynnville Transport, caveat that if this recommendation is
the hand or machine washing of parts of
Inc. v. Chao, 316 F. Supp. 2d 790 (S.D. implemented ‘‘it should be
and attachments to power-driven meat
Iowa 2004)). accompanied by a mandatory reporting
processing machines, even when the
period in which all serious youth
H. Occupations in the Operation of machine was disassembled and
injuries and deaths resulting from
Power-Driven Meat-Processing Machines reassembled by an adult. This provision
previously prohibited activities are
and Occupations Involving is designed to prevent such youth from
promptly reported to the U.S.
Slaughtering, Meat Packing or being injured by contact with the Department of Labor.’’ Such a reporting
Processing, or Rendering (Order 10) (29 machines’ sharp blades and cutting plan would allow an assessment as to
CFR 570.61) surfaces. HO 10 provides a limited whether the revision should be
HO 10 generally prohibits 16- and 17- exemption that permits the employment rescinded or further refined to best
year-olds from being employed in all of apprentices and student-learners protect working youth.
occupations in or about slaughtering, under the conditions prescribed in Finally, the Report recommends that
meat packing or processing § 570.50(b) and (c). the apprenticeship and student-learner
establishments, and rendering plants. The Report recommends that HO 10 exemption contained in HO 10 be
The HO also prevents such minors from be expanded to prohibit work in all restricted to apply only to 16- and 17-
performing all occupations involved in meat products manufacturing industries year-olds employed in retail, wholesale,
the operation or feeding of several including those engaged in the and service industries. The Report
power-driven meat processing machines processing of sausages and/or other recommends that this exemption no
when performed in slaughtering and prepared meat products and those longer be applicable to the employment
meat packing establishments, as well as engaged in poultry slaughtering and/or of such minors in meat products
in wholesale, retail, or service processing. The rationale for this manufacturing industries.
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establishments. The term slaughtering recommendation is that although injury The Department proposes to
and meat packing establishments is fatality rates in meat products implement the Report recommendation
defined in HO 10 to mean places in manufacturing industries are relatively to expand the application of HO 10 to
which cattle, calves, hogs, sheep, lambs, low, rates of disorders due to repeated prohibit the employment of 16- and 17-
goats, or horses are killed, butchered, or trauma are extremely high. This is also year-olds in all meat products
processed. The term also includes true for poultry processing which is not manufacturing industries, including

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those engaged in the processing of The median number of days away from power-driven bakery machines.
sausages and/or other prepared meat work for workers who suffered food Prohibited activities include operating,
products and those engaged in poultry slicer related injuries or illnesses was assisting to operate, setting up,
slaughtering and/or processing. The four days, not an insignificant number. adjusting, repairing, oiling, or cleaning
Department proposes to revise the term Since October 1999, the Department has any horizontal or vertical dough mixer;
slaughtering and meat packing investigated at least 36 injuries of young batter mixer; bread dividing, rounding,
establishments contained in § 570.61(b) workers that were caused by operating or molding machine; dough brake;
so that the term also includes places or cleaning power-driven meat slicers. dough sheeter; combination bread
where poultry are killed, butchered, or Although none of these injuries was life slicing and wrapping machine; or cake
processed. This term would also include threatening, most were considered to be cutting band saw. The HO also prevents
establishments that manufacture or serious and many caused the partial loss the employment of such youth in the
process meat products, including of digits and will leave some permanent occupation of setting up or adjusting a
poultry, sausage, or sausage casings. The scarring. cooky (sic) or cracker machine. The
Department also proposes to add buffalo The Department has also decided not prohibitions of the HO do not
and deer to the lists of animals to implement at this time the Report differentiate between portable and non-
contained in the definitions of the terms recommendation concerning limiting portable equipment, and models
killing floor and slaughtering and meat the current apprenticeship and student- designed for use in the home versus
packing establishments and note that learner exemption contained in HO 10 those solely designed for industrial
these lists are not exhaustive. The to retail, wholesale and service applications. Therefore, the prohibitions
Department also proposes to revise the industries. The apprenticeship and of HO 11 include the employment of 16-
title of HO 10 to reflect its expansion to student learner exemptions contained in and 17-year-olds to operate even the
the slaughtering of poultry, and the certain HOs were developed relatively smallest of counter top vertical mixers.
processing, packing, and rendering of independently of each other as each HO In response to information presented
poultry and poultry products. The was adopted. The issue of allowing by several restaurants and employer
current HO 10 exemption permitting the certain training exemptions from the associations, the Department adopted an
killing and processing of rabbits or HOs first arose in the early 1940s, after enforcement position in 1990 that it
small game in areas physically the enactment of the first six HOs. HO would not assert a violation of HO 11
separated from the killing floor would 5 was amended to permit the when a 16- or 17-year-old employee
not be changed. employment of student learners and operated a pizza-dough roller, a type of
The Department also proposes to apprentices, but HOs 1 through 4 were dough sheeter, when the machine: (1) Is
revise § 570.61(a)(4) to incorporate its not. Each committee convened constructed with safeguards contained
interpretation that the prohibition thereafter to study, draft, and implement in the basic design so as to prevent
against 16- and 17-year-olds cleaning a new HO developed its own criteria for fingers, hands, or clothing from being
power-driven meat processing machines determining the appropriateness of caught in the in-running point of the
extends to washing the machine’s parts including apprentice and student- rollers; (2) has gears that are completely
and attachments, even if the machine is learner exemptions and was not enclosed; and (3) has microswitches that
disassembled and reassembled by an restricted by the determinations made disengage the machinery if the backs or
adult. This proposal, however, would by previous committees. The Report sides of the rollers are removed. This
not prevent a 16- or 17-year-old from makes several recommendations enforcement position applies only when
operating a commercial dishwasher to concerning the establishment, revision, all the safeguards detailed above are
run a self-contained rack containing and elimination of apprenticeship and present on the machine, are operational,
parts of or attachments to a power- student-learner exemptions, but the and have not been overridden. In
driven meat processing machine rationale for each recommendation addition, this enforcement position
through the dishwasher so long as the either is vague or is not provided. The applies only to the operation of the
youth does not actually handle or touch Department believes that before any machine. HO 11 still prohibits 16- and
the machine parts or attachments. changes to the existing exemptions are 17-year-olds from being employed in
The Department also proposes to made, it is important to consider and occupations involving the setting up,
reformat, in an alphabetical sequence, develop criteria for determining when adjusting, repairing, oiling, or cleaning
all the definitions found in § 570.61(b) apprenticeship and student-learner of such pizza-dough rollers. The
to comport with guidance provided by exemptions are appropriate. Such Department has restated this position
the Federal Register. criteria, which must be consistent with numerous times in response to written
The Department has decided not to the established national policy of requests and has included this position
implement the Report recommendation balancing the benefits of employment in its Field Operations Handbook since
that would allow 16- and 17-year-olds to opportunities for youth with the at least 1992.
operate and feed power-driven meat and necessary and most effective safety The Report recommends that HO 11
food slicers in retail, wholesale and protections, will also be of value as the be relaxed to allow the operation of
service industry establishments. Both Department considers creating new counter-top models of power-driven
the Report and the Department’s HOs. Accordingly, the Department is bakery machines, comparable to those
enforcement experience reflect that issuing an ANPRM, in conjunction with intended for household use. The
meat slicers are responsible for many and on the same day as this NPRM, to Report’s rationale for this
occupational injuries. The Report notes solicit public comment on this recommendation is that available data
that the Survey of Occupational Injuries important issue. suggest that there were no fatalities
and Illnesses reports that in 1997, food involving such counter-top power-
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and beverage processing machinery I. Occupations Involved in the driven machines, and nonfatal injuries
were responsible for 11,737 nonfatal Operation of Bakery Machines (Order requiring time away from work are of
injuries and illness that resulted in days 11) (29 CFR 570.62) moderate severity. Although, as noted,
away from work. Over sixty percent of HO 11 generally prohibits the the HO prohibits the use of several
that number, 7,280 injuries and employment of 16- and 17-year-olds in different power-driven bakery
illnesses, were caused by food slicers. occupations involved in the operation of machines, the thrust of the Report’s

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recommendation involves food mixers. rollers. Accordingly, the Department is As a result of reports received in the
The Report notes that there were 712 proposing to create a new § 570.62(b)(2) 1980s of injuries to minors employed in
non-fatal injuries and illnesses in 1997, that will permit such youth to operate— retail stores involving paper balers, the
with a median of 11 days away from but not set-up, adjust, repair, oil, or Department conducted a review of HO
work, associated with work with mixers, clean—those power-driven pizza-dough 12 in 1990–91 as it applied to grocery
blenders, and whippers. rollers that: (1) Are constructed with stores and other retail operations.
The Department’s enforcement safeguards contained in the basic design Through a Proposed Rule (55 FR 42812),
experience includes situations where so as to prevent fingers, hands, or followed by a Final Rule (56 FR 58626),
employers have questioned why 16- and clothing from being caught in the in- HO 12 was amended in December 1991.
17-year-olds were not permitted to use running point of the rollers; (2) have The regulation was clarified as applying
small mixers to process such things as gears that are completely enclosed; and where the baled paper products were
cheese dip and batter for seafood when (3) have microswitches that disengage recycled, as well as where they were
such machines generally appeared to the machinery if the backs or sides of disposed of as trash. Further, the
present no risks to such minors. the rollers are removed. The exception regulation’s prohibition on ‘‘operation’’
Recently, the Department adopted an in § 570.62(b)(2) would apply only was clarified so as not to include (i.e.,
enforcement policy that it would not when all the safeguards detailed above to permit) the stacking of materials in
assert violations of HO 11 when 16- and are present on the machines, are areas adjacent to the machine. Finally,
17-year-olds operate, assist to operate, operational, and have not been the regulation was revised to state
setup, adjust, repair, oil, or clean certain overridden. explicitly that HO 12 applied to all
small, lightweight, countertop mixers. The Department is also proposing to covered establishments that used such
The Department proposes to change the word cooky in § 570.62(a)(2) machines, consistent with long-
implement this recommendation by to cookie to reflect the more common established Departmental interpretation.
creating a new § 570.62(b)(1) that would The Department published an
spelling of that word.
include an exemption allowing the ANPRM in 1994 (59 FR 25167), seeking
employment of 16- and 17-year-olds to J. Occupations Involved in the the public’s views on possible changes
operate—including setting-up, Operation of Paper-Products Machines, in the child labor regulations, including
adjusting, repairing, oiling, and Scrap Paper Balers, and Paper Box the Hazardous Occupations Orders.
cleaning—lightweight, small capacity, Compactors (Order 12) (29 CFR 570.63) Although HO 12 was not specifically
portable counter-top power-driven food mentioned in the ANPRM, the
Hazardous Occupations Order No. 12
mixers that are, or are comparable to, Department received comments from
generally prohibits minors under 18
those models intended for household representatives of the grocery industry
years of age from working in
use. The Department, during its asserting that recent technological
meetings with various stakeholders held occupations involving the operation of
changes have rendered certain new
after the release of the Report, sought to paper-products machines. The HO
balers and compactors safe for minors to
identify which types of mixers could be prohibits, with certain exceptions
load. The Food and Allied Service
operated safely in the workplace by 16- discussed below, the loading, operating,
Trades Department, AFL–CIO, opposed
and 17-year-olds. The information and unloading of scrap paper balers,
any relaxation of the prohibitions
provided, which also echoed the including paper box balers and
contained in HO 12. The Child Labor
Department’s enforcement experiences, compacting machines, and other power- Coalition also opposed any relaxation of
indicated that such factors as bowl driven machines used in the HO 12 and suggested that it should be
capacity, the horsepower of the motor, remanufacture or conversion of paper or expanded to include all compactors.
the portability of the machine (light pulp into a finished product. When HO The Compactor and Baler Act was
weight and not permanently wired or 12 was promulgated in 1954, the enacted on August 6, 1996 (Pub. L. 104–
‘‘hardwired’’ into the establishment’s dangers specifically associated with the 174). This legislation amended the
electrical power source), and similarity operation of scrap paper balers involved FLSA by adding a new subsection
to equipment designed exclusively for being caught in the plungers during the 13(c)(5) which permits 16- and 17-year-
home use were all important criteria. compression process and suffering olds to load, but not operate or unload,
For purposes of this exemption, the strains and other injuries while moving certain scrap paper balers and paper box
Department proposes that a lightweight, the compressed bales. compactors only when certain
small capacity mixer is one that is not The Department has consistently conditions are met. One such condition
hardwired into the establishment’s interpreted HO 12 to apply to any is that the equipment must meet specific
power source, is equipped with a motor establishments that use such paper- standards issued for balers or for
that operates at no more than 1⁄2 products machines, including retail compactors by the American National
horsepower, and whose bowl capacity stores. The Department had long Standard Institute (ANSI). ANSI is a
does not exceed five quarts. Minors 14- interpreted the regulation as applying to national organization that coordinates
and 15-years of age would still be paper box compactors (which generally the development of voluntary,
prohibited from operating or assisting in perform the same function, utilize the consensus standards in a wide range of
the operation of such mixers under the same processes of compacting, and areas, including product and worker
provisions of Reg. 3. present the same dangers as scrap paper safety.
The Department is also proposing to balers) although paper box compactors When enacting the Compactor and
incorporate into part 570 its long- were not specifically named in the HO Baler Act, Congress explicitly applied
standing enforcement position regarding until 2005. Prior to 2005, the certain industry standards for the
the operation of certain pizza-dough prohibitions of HO 12 applied only to determination of which balers and/or
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rollers by 16- and 17-year-old workers. equipment used exclusively to process compactors are safe for minors to load:
The Department’s enforcement paper products, even though machines ANSI Standard ANSI Z245.5–1990 for
experience indicates that when used to process other materials, in scrap paper balers or Standard ANSI
employers properly apply this limited addition to paper products, share the Z245.2–1992 for paper box compactors.
enforcement position, 16- and 17-year- identical machine designs, operation Congress has used ANSI standards in
olds can safely operate pizza-dough methods, and potential risks. other contexts as expressions of the best

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available technology in the safety area. standards were incorporated into HO that permits apprentices and student-
For example, the Occupational Safety 12. learners to perform, under specific
and Health Act of 1970 directed the The Department, when issuing the guidelines, tasks that would otherwise
Department of Labor to adopt the then- 2004 Final Rule (69 FR 75397, be prohibited by HO 12.
existing ANSI standards, rather than December 16, 2004), noted that there The Department agrees with the
delay any activity until the agency still remained one class of balers and NIOSH Report recommendation
promulgated particular occupational compactors that falls outside of the regarding the scope of the HO and is
safety and health standards (see section scope of HO 12—those machines that proposing to revise HO 12 to prohibit
6(a) of the Occupational Safety and process anything and everything but 16- and 17-year-olds from operating,
Health Act, 29 U.S.C. 655(a)). The ANSI paper products. The Report, in loading, and unloading, with limited
standards for scrap paper balers and recognition of this gap in coverage, exceptions, all balers and compactors,
paper box compactors govern the recommends that HO 12 be revised to regardless of the materials being
manufacture and modification of the include such machines because ‘‘balers processed. Both NIOSH occupational
equipment, the operation and and compactors used to process other injury data and the Department’s
maintenance of the equipment, and scrap materials such as plastic and enforcement experience reflect that
employee training. The Compactor and aluminum cans pose similar risk of injuries occur when youth operate
Baler Act also provides that any new injury from crushing or amputation.’’ balers and compactors that are designed
standard(s) adopted by ANSI would also The Report notes that baler and and used to process materials other than
be sufficient for the safety of the scrap compactor related deaths are not limited paper. For example, the Department
paper balers and paper box compactors, to those in which paper or cardboard is investigated the employment of a 17-
if the Secretary of Labor certifies the being processed. Many machines are year-old who had both legs amputated
new standard(s) to be at least as adaptable for the baling and compacting in a large industrial baler machine at a
protective of the safety of minors as the of a wide variety of materials, including recycling center. The machine was the
two standards specified in the Act. In paper, aluminum cans, plastic milk jugs, only baler at the center and, therefore,
the Final Rule issued in 2004, the and general refuse. Other machines are was used to process a wide variety of
Department stated that it would publish intended specifically for processing a items. In a different investigation,
a Notice in the Federal Register when single product, such as metals. These another 17-year-old lost his right index
the Secretary made any such specialized metal balers and finger while putting recyclables into an
certifications. compactors, which process such items industrial waste compactor by hand.
Because these ANSI standards are as cars, radiators, and siding, may share The limited exemption provided by
copyright-protected, the Department similar designs and operating FLSA section 13(c)(5) and contained in
cannot include them in the regulations procedures with those compactors and § 570.63(c)(1), which allows 16- and 17-
or reproduce them for distribution to the balers that process only paper products year-old workers, under specific
public. Copies of the applicable ANSI or process other materials in addition to conditions, to load but not operate or
standards are available for inspection at paper products. However, these unload certain scrap paper balers and
the Office of the Federal Register, 800 specialized metal balers also include paper box compactors, would remain.
North Capitol Street, NW., Suite 700, large industrial machines that feature This exemption, as detailed in the
Washington, DC 20408, at the shear blades that are not normally Compactor and Baler Act, would apply
Occupational Safety and Health present on lighter-duty type balers. The only to certain scrap paper balers and
Administration Docket Office at Room Report notes that while these large paper box compactors, as currently
N–2625, U.S. Department of Labor, 200 specialized balers are generally found in defined in § 570.63(b), and would not
Constitution Avenue, NW., Washington, facilities that specialize in processing apply to those balers and compactors
DC 20210, and at any of the OSHA scrap and waste materials, smaller that are not designed or used to process
regional offices. Copies of these general-purpose portable machines that paper or cardboard.
standards are available for purchase at serve the same functions are marketed This proposed revision would be
the American National Standards for use in businesses such as grocery accomplished by adding new
Institute, 11 West 42nd Street, New stores, hotels, restaurants, and hospitals. subsections to § 570.63 that would
York, New York 10036. These smaller general-purpose prohibit 16- and 17-year-olds from
The Department issued a Final Rule machines operate in essentially the performing the occupations of operating
on December 16, 2004 (69 FR 75382), same manner as the larger machines and or assisting to operate any baler or
which revised HO 12 to incorporate the present similar risks of injury. compactor that is designed or used to
provisions of the Compactor and Baler In addition, the Report recommends process materials other than paper. A
Act. The final rule became effective on that the Department continue to baler that is designed or used to process
February 14, 2005. As supported by the emphasize enforcement of portions of materials other than paper would be
provisions of the Compactor and Baler the Compactor and Baler Act requiring defined in § 570.63(b) to mean a
Act, the Final Rule expanded the that balers and compactors conform to powered machine designed or used to
coverage of HO 12 to include those construction and operations standards compress materials other than paper or
balers and paper box compactors that that greatly reduce exposure to cardboard boxes, with or without
process other materials in addition to hazardous energy. The Report notes that binding, to a density or form that will
paper products. The final rule also investigations of baler-related incidents support handling and transportation as
included the Secretary’s certification, as show that failure to maintain machinery a material unit without requiring a
permitted by the Compactor and Baler in safe operating condition contributes disposable or reusable container. A
Act, that the new Standard ANSI to fatalities and serious injuries and that compactor that is designed or used to
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Z245.5–1997 is as protective of the neither adult supervisors nor young process materials other than paper
safety of minors as Standard ANSI– workers may fully appreciate the risks would be defined in § 570.63(b) to mean
S245.5–1990 and that the new Standard posed by uncontrolled hazardous a powered machine that remains
ANSI Z245.2–1997 is as protective of energy. The Report also recommends stationary during operation, designed or
the safety of minors as Standard ANSI that the Department retain the limited used to compact refuse other than paper
Z245.2–1992. Accordingly, these newer exemption contained in § 570.63(c)(2) or cardboard boxes, into a detachable or

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integral container or into a transfer neither adult supervisors nor young K. Occupations Involved in the
vehicle. The occasional processing of workers may fully appreciate the risks Operation of Circular Saws, Band Saws,
paper or a cardboard box by a machine posed by uncontrolled hazardous and Guillotine Shears (HO 14) (29 CFR
designed to process other materials energy. The Department’s enforcement 570.65)
would not bring the loading of such experience supports these findings. HO 14 generally prohibits the
machines within the limited exemption Most recently, the Department employment of 16- and 17-year-olds in
provided by section 13(c)(5). investigated the death of a 16-year-old the occupations of operator or helper on
The prohibition against such youth grocery store worker in New York who power-driven circular saws, band saws,
setting up, adjusting, repairing, oiling, was crushed to death by a baler that had and guillotine shears, except those that
or cleaning any of the machines been jerry-rigged to operate while the are properly guarded and equipped with
currently listed in HO 12 would be door to the loading chamber was open. devices for full automatic feeding and
extended to include compactors and This over-riding of an important safety ejection. The prohibitions of HO 14 are
balers that are designed to process device required by each of the ANSI based on the equipment and apply
materials other than paper.
Standards was done to speed up the regardless of the materials being
As previously noted, the Compactor
and Baler Act provides that any new loading process. As discussed processed. Section 570.65(b)(4) defines
standard(s) adopted by ANSI would also previously, in order for an employer to the term circular saw to mean a machine
be sufficient for the determination of the avail itself of the limited exemption equipped with a thin steel disc having
safety of the scrap paper balers and contained in § 570.63(c)(1) that permits a continuous serious of notches or teeth
paper box compactors, if the Secretary 16- and 17-year-olds under certain on the periphery, mounted on shafting,
of Labor certifies the new standard(s) to conditions to load, but not operate or and used for sawing materials. The term
be at least as protective of the safety of unload, certain scrap paper balers and band saw is defined in § 570.65(b)(5) to
minors as the two standards specified in paper box compactors, the employer mean a machine equipped with an
the Act. In the 2004 Final Rule, the must determine that the equipment endless steel band having a continuous
Secretary certified that Standard ANSI meets an appropriate ANSI Standard serious of notches or teeth, running over
Z245.5–1997 is as protective of the listed in HO 12. The employer must also wheels or pulleys, and used for sawing
safety of minors as Standard ANSI– post a notice on the machine that states, materials. Section 570.65(b)(6) defines
S245.5–1990 and that Standard ANSI among other things, which applicable the term guillotine shear to mean a
Z245.2–1997 is as protective of the ANSI Standard the machine meets. The machine equipped with a moveable
safety of minors as Standard ANSI appropriate ANSI Standards govern not blade operated vertically and used to
Z245.2–1992. Accordingly, the newer only the manufacture and modification shear materials. The term does not
standards were incorporated into HO of the equipment, but the operation and include other types of shearing
12. maintenance of the equipment, and machines, using a different form of
The Department has learned that in employee training as well. During shearing action, such as alligator shears
2004 ANSI adopted Standard ANSI enforcement actions involving or circular shears. HO 14 also prohibits
Z245.2–2004 (Stationary Compactors— employers who avail themselves of the such minors from setting-up, adjusting,
Safety Requirements for Installation, limited exemption contained in repairing, oiling, or cleaning circular
Maintenance, and Operations) and § 570.63(c)(1), the Department routinely saws, band saws, and guillotine shears.
Standard ANSI Z245.5–2004 (Baling confirms whether the scrap paper baler The original report that led to the
Equipment—Safety Requirements for or paper box compactor being loaded by issuance of HO 14 in 1960 noted that
Installation, Maintenance, and 16- or 17-year-olds meets the these machines had already been found
Operations). The Department’s requirements of the applicable ANSI and declared to be particularly
preliminary review of these new Standard as determined and declared by hazardous for 16- and 17-year-old
Standards, which includes input from the employer. If the equipment does not employees when used to process certain
NIOSH, indicates that the Standards are meet the requirements of an applicable materials. Circular saws and band saws
as protective as those cited in the ANSI Standard or if the employer failed were already covered under HO 5 when
Compactor and Baler Act and should be to make such a determination, the used on wood, HO 10 when used on
included in HO 12 along with the older provisions of the limited exemption meat, and HO 12 when used on paper
Standards should a Final Rule be have not been met and a violation of HO products. Band saws were also covered
implemented. The public is invited to under HO 11 when used to cut sheet
12 has most likely occurred. The
provide comment on whether Standard cakes to desired sizes and shapes.
Department will carry on these efforts
ANSI Z245.5–2004 is as protective of Guillotine shears are covered under HOs
and will continue to work with both
the safety of minors as Standard ANSI 5, 8, 10 and 12 when used on wood,
NIOSH and OSHA to better educate
Z245.5–1990 and whether Standard metal, meat, and paper products,
employers, employees, and enforcement
ANSI Z245.2–2004 is as protective of respectively. Reports showing that
personnel about the requirements of the
the safety of minors as Standard ANSI minors were being injured when
ANSI Standards. Such efforts impact the
Z245.2–1992. operating these machines on materials
The Department appreciates the safety of all workers, not just those
not covered by an existing HO led the
Report’s recommendation to continue under the age of 18.
Department to issue the all-
emphasizing enforcement of portions of Finally, the Department proposes to encompassing HO 14.
the Compactor and Baler Act requiring take no action concerning the NIOSH The Report recommends that HO 14
that balers and compactors conform to Report recommendation concerning the be expanded to cover other machines,
construction and operations standards apprenticeship and student-learner such as chain saws, that perform cutting
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that greatly reduce exposure to exemption to HO 12 at this time. As and sawing functions through direct
hazardous energy. The Report notes that previously discussed, the Department is contact between the cutting surfaces and
investigations of baler-related incidents issuing an ANPRM, in conjunction with the materials. The Report also
show that failure to maintain machinery and on the same day as this NPRM, that recommends, alternatively, that the
in safe operating condition contributes requests information from the public on Department consider developing a new
to fatalities and serious injuries and that this issue. HO that would prohibit all sawing

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machinery that perform cutting and trimming crew who was dismembered would not depend on the material or
sawing functions through direct contact when he became entangled in branches materials being processed and would
of the cutting surface and the material he was feeding into a drum-type wood encompass the occupations of setting-
being processed. The Report states: chipper. In 2001, the Department up, adjusting, repairing, oiling, or
‘‘Stationary saws and hand-held saws, investigated the serious injury of a 17- cleaning such machines. This revision
including chain saws, continue to be the year-old who suffered a fractured skull would be accomplished by revising
source of substantial numbers of when the wood chipper he was feeding § 570.65(a)(2) to prohibit the
fatalities as well as nonfatal injuries ‘‘spit out’’ a 12-inch long, 4-inch employment of minors in the
which may be unusually severe.’’ The diameter, piece of a tree branch. Three occupations of operator of or helper on
Report observes that not all machines titanium plates were permanently power-driven chain saws, wood
that perform cutting and sawing implanted into the minor’s skull. The chippers, and reciprocating saws,
functions fit into HO 14’s definitions of Department charged the employer of whether the machines are fixed or
circular saw, band saw, or guillotine this youth with a violation of HO 5, and portable. Unlike the machines currently
shears. The Report notes that available assessed and collected a civil money listed in § 570.65(a)(1), the prohibition
data demonstrate that chainsaws penalty because of the violation. would not be lifted if the chain saws,
specifically contributed to 70 worker Just like in 1960 when HO 14 was first wood chippers, or reciprocating saws
deaths between 1992 and 1997 and over issued, the Department is receiving were equipped with full automatic feed
1,600 lost workday injuries. Some of reports of injuries and deaths, such as and ejection-devices that are almost
these fatalities and deaths involved the ones described in the preceding never found on such equipment. The
workers under 18 years of age. The paragraphs, of youth operating power- current § 570.65(a)(2) would be
Report also recommends that the driven machines that may be prohibited renumbered as § 570.65(a)(3) and
Department retain the exemption when used to process certain types of revised to reflect that 16- and 17-year-
contained in HO 14 that permits 16- and materials and not prohibited when olds could not be employed in
17-year-old apprentices and student processing other types of materials. occupations involving the setting-up,
learners to perform work that would be Reciprocating saws constitute another adjusting, repairing, oiling, or cleaning
otherwise prohibited by the HO. example of such a machine. HO 5 of any of the equipment covered by the
The Department has long taken the prohibits the employment of 16- and 17- HO. The Department is also proposing
position that HO 4 (Logging occupations year-olds to operate reciprocating saws to revise the title of HO 14 to reflect its
and occupations in the operation of any that are used or designed for cutting application to the additional pieces of
sawmill, lath mill, shingle mill, or wood, but the same piece of equipment machinery and to change the word
cooperage stock mill) prohibits 16- and is permitted when used or designed operations to operation. Finally, the
17-year-olds from operating chain saws exclusively to cut materials other than Department proposes to restructure the
in logging operations because the HO wood, such as metal. The Department definitions section contained at
prohibits all work ‘‘in connection with has learned of occupational injuries to § 570.65(b) in an alphabetical sequence
the felling of timber.’’ Likewise, the workers operating reciprocating saws to to comport with guidance provided by
Department has consistently taken the cut materials other than wood. The the Federal Register and to include
position, starting as early as 1959, that Department is aware of the death of an definitions of the terms chain saw, wood
HO 5 (Occupations involved in the adult plumber in Minnesota in 2002 chipper, and reciprocating saw. The
operation of power-driven woodworking who was killed when the blade of the term chain saw would mean a machine
machines) prohibits these same minors reciprocating saw he was using to
that has teeth linked together to form an
from using chain saws to cut wood and rough-in plumbing entered his head
endless chain used for cutting materials.
wood products, including trees and near his eye. The U.S. Department of
The term wood chipper would mean a
branches. Over the last ten years, the Energy has also reported that in 2002 an
machine equipped with a feed
Department has investigated the serious adult worker injured his larynx when
mechanism, knives mounted on a
injuries of several youth that resulted the reciprocating saw he was operating
rotating chipper disc or drum, and a
from the use of chain saws to cut kicked back and cut him in his lower
power plant used to reduce to chips or
branches and trees, charged violations throat. The American Journal of
shred such materials as tree branches,
under HO 5, and assessed and collected Forensic Medicine and Pathology
trunk segments, landscape waste, and
civil money penalties because of those (Volume 28, No. 4, December 2001)
violations. However, as the Report reports on the death of a 32-year-old other materials. The term reciprocating
implies, the use of chain saws by 16- male who lost his balance and fell on saw would mean a machine equipped
and 17-year-olds would not be the blade of an electric reciprocating with a moving blade that alternately
prohibited when cutting other materials saw he was using to trim branches. The changes direction on a linear cutting
such as metal, concrete, stone, and ice. blade perforated his anterior chest wall, axis used for sawing materials.
The Department has also long taken right lung, heart and aorta. The Journal The Department is evaluating the
the position that HO 5 prohibits the noted that the victim had been drinking alternative recommendation made by
employment of 16- and 17-year-olds to beer while trimming the branches. the Report that it consider developing a
operate wood chippers to grind tree Finally, in 2004, the Department new HO that combines the sawing
limbs, branches, and trunks into chips, investigated the death of a 17-year-old machinery covered under HO 14 with
mulch, or debris. Some questions have worker who was employed to operate a other specialized machinery that
recently been raised concerning the reciprocating saw to salvage automobile performs cutting and sawing functions
appropriateness of this position, but the catalytic converters for recycling. While through direct contact of the cutting
Department has been consistent in its operating the saw, the vehicle upon surface and the material. Similar
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application when the equipment is used which he was using the saw fell on him alternative recommendations were made
to process wood and trees. Young and crushed him to death. regarding HO 5 (Occupations involved
workers have been killed or seriously The Department is proposing to revise in the operation of power-driven
injured while operating wood chippers. the prohibitions of HO 14 to include woodworking machines) and HO 8
In 2000, the Department investigated the chain saws, wood chippers, and (Occupations involved in the operation
death of a 14-year-old member of a tree- reciprocating saws. The prohibition of power-driven metal forming,

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punching, and shearing machines). The M. Subpart G—General Statements of proposes to revise footnote 4 of
Department will continue to study these Interpretation of the Child Labor § 570.101(c) to include the more recent
recommendations and, in an ANPRM, Provisions of the Fair Labor Standards definition of the term employer and to
issued in conjunction with and on the Act of 1938, as Amended (29 CFR correct an erroneous reference to FLSA
same day as this NPRM, is requesting 570.101–570.129) section 13(d).
information from the public on these 2. Section 570.118 notes that the
Subpart G discusses the meaning and
recommendations. FLSA sets a minimum age of 16 years
scope of the child labor provisions of
Finally, the Report also recommended for employment in manufacturing or
the FLSA. The interpretations of the
that the Department retain the limited mining, but does not take into account
Secretary of Labor contained in subpart
exemption contained in § 570.65(c) that the effects of the 2004 enactment of
G indicate the construction of the law
permits apprentices and student- FLSA section 13(c)(7). Section 13(c)(7)
that guides the Secretary in
learners to perform, under specific allows the employment of certain 14-
administrating and enforcing of the Act.
guidelines, tasks that would otherwise and 15-year-olds inside and outside of
Since the last revision of subpart G in
be prohibited by HO 14. As discussed places of business that use power-driven
1971, Congress has passed several
previously in the sections dealing with machinery to process wood products as
amendments to the FLSA and the discussed above. The Department is
HOs 10 and 12, the Department Department has revised other subparts
proposes to take no action concerning proposing to revise § 570.118 to
of 29 CFR part 570 that are not currently incorporate the provisions of FLSA
the apprenticeship and student-learner reflected in subpart G. The Department
exemptions to certain HOs at this time. section 13(c)(7).
proposes to revise subpart G to 3. Section 570.119 discusses those
The Department is issuing an ANPRM, accommodate not only the statutory and occupations in which 14- and 15-year-
in conjunction with and on the same regulatory changes that have occurred, old minors may and may not be
day as this NPRM, that requests but to reflect the proposed revisions to employed under Reg. 3. The Department
information from the public on this part 570 made by this NPRM and proposes to revise this section to
issue. discussed earlier in this document. The incorporate the changes necessitated by
L. Additional Recommendations of the proposed revisions to subpart G are as the adoption of FLSA section 13(c)(7)
Report follows: and to reflect the proposed revisions to
1. Section 570.103(c) states that there §§ 570.33 and 570.34 as discussed
The Report recommends that the are only four specific child labor above. For the sake of both brevity and
Department retain, as currently issued, exemptions contained in the FLSA, and clarity, the Department proposes not to
HO 3 (Coal mining occupations), HO 13 that only one of them applies to the repeat in § 570.119 the lists of all the
(Occupations involved in the minimum wage and overtime occupations contained in §§ 570.33 and
manufacture of brick, tile, and kindred requirements of the Act as well. 570.34, but rather to refer readers to
products), HO 15 (Occupations involved Congress has created four additional those sections.
in wrecking, demolition, and exemptions to the child labor provisions The proposed revision to § 570.119
shipbreaking occupations), and HO 17 of the FLSA that are not currently would contain the general prohibition
(Occupations in excavation operations). reflected in subpart G (the making of against the employment of minors under
The Department accepts these wreaths composed principally of natural 14 years of age under any circumstances
recommendations and proposes no holly, pine, cedar, or other evergreens that is currently included at the end of
revisions to these HOs. The Report also by homeworkers; the loading of certain § 570.119.
recommends that the Department scrap paper balers and paper box 4. Section 570.120 describes the
remove the limited exemption for compactors by 16- and 17-year-olds; the authority and process by which HOs are
apprentices and student-learners limited driving of certain automobiles adopted, and lists those occupations the
contained in HO 16 (Occupations in and trucks by 17-year-olds; and the Secretary has found and declared to be
roofing operations and on or about a employment of certain youth between particularly hazardous or detrimental to
roof) and HO 17, and retain the same the ages of 14 and 18 years inside and the health or well-being of minors 16
exemption as it applies to HO 5 outside of places of business that use and 17 years of age. Since subpart G was
(Occupations involved in the operation power-driven machinery to process last revised, not only have several HOs
of power-driven woodworking wood products). The exemption been amended, but the process for
machines) and HO 8 (Occupations concerning the employment of promulgating and revising the HOs has
involved in the operation of power- homeworkers who make wreaths, also changed. Before 1995, the process
driven metal forming, punching, and contained in FLSA section 13(d), is an for promulgating and amending HOs
shearing machines). As discussed exemption from the minimum wage and included public hearings and advice
previously in the sections dealing with overtime provisions of the Act as well from committees composed of
HOs 10, 12, and 14 of this preamble, the as its child labor provisions. The representatives of employers and
Department proposes to take no action Department is proposing to revise employees of the impacted industry and
concerning the apprenticeship and § 570.103(c) to reflect that the FLSA the public, in accordance with the
student-learner exemptions to any of the now contains eight exemptions from the procedures established by subpart D of
HOs at this time. The Department child labor provisions and that two of this part. The Department issued a Final
believes that before any changes to the these exemptions are also exemptions Rule on April 17, 1995 (60 FR 19336)
existing exemptions are made, it is from the Act’s minimum wage and that deleted subpart D and placed the
important to first consider and develop overtime requirements. process of promulgating and revising
criteria for determining when This same subsection cites FLSA HOs solely under the provisions of the
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apprenticeship and student-learners are section 3(d), which defines the term Administrative Procedure Act (APA), 5
appropriate. Accordingly, the employer and then, in footnote 4, U.S.C. 551 et seq., which control
Department is issuing an ANPRM, in discusses that definition. FLSA section Departmental rulemaking.
conjunction with and on the same day 3(d) was amended in 1966, and the The Department proposes to revise
as this NPRM, that seeks information provisions of that amendment are not § 570.120 to reflect the 1995 change in
from the public on this and other issues. reflected in subpart G. The Department the process for issuing and revising

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HOs. The Department is also proposing, amendments to the FLSA child labor FLSA section 3(l) establishes a
for the sake of brevity and clarity, not provisions that may be enacted. minimum age of 16 years for most
to repeat the list of individual HOs as 7. Section 570.127 contains a general nonagricultural employment but allows
they are already listed in subpart E of discussion of the enforcement of the the employment of 14- and 15-year-olds
29 CFR part 570. FLSA child labor provisions. Since that in occupations other than
5. Section 570.122 lists the four last revision of subpart G, Congress has manufacturing and mining, if the
exemptions from the FLSA child labor amended the FLSA at section 16(e) so Secretary of Labor determines such
provisions that existed when subpart G that any person who violates the employment is confined to (1) periods
was last revised. As discussed earlier, provisions of section 12 or section that will not interfere with the minor’s
Congress has added four more 13(c)(5) relating to child labor, or any schooling and (2) conditions that will
exemptions that are not included in the regulation issued under section 12 or not interfere with the minor’s health
current subpart G. Section 13(d) section 13(c)(5), shall be subject to a and well-being.
exempts from the FLSA minimum wage, civil money penalty, currently not to FLSA section 11(c) requires all
overtime, and child labor provisions the exceed $11,000, for each employee who employers covered by FLSA to make,
employment of homeworkers engaged in was the subject of such a violation. The keep, and preserve records of their
the making of wreaths composed Department, as discussed above, employees’ wages, hours, and other
principally of evergreens. Section proposes to redesignate this section as conditions and practices of
13(c)(5) authorizes the employment of § 570.140 and to revise it to include the employment. Section 11(c) also
16- and 17-year-olds to load, but not Department’s authority to assess civil authorizes the Secretary of Labor to
operate or unload, certain scrap paper money penalties against persons who prescribe the recordkeeping and
balers and paper box compactors under violate the child labor provisions of the reporting requirements for these
specific conditions. Section 13(c)(6) Act. records. Reg. 3 sets forth the
permits the employment of 17-year-olds 8. Section 570.128 deals with a employment standards for 14- and 15-
to drive on an occasional and incidental provision of FLSA section 12(a) that year-olds.
basis, during daylight hours, certain relieves from liability a purchaser who Reporting Requirements: WSP
automobiles and trucks under specified ships or delivers for shipment in Application: In order to utilize the
conditions. Section 13(c)(7) permits the commerce goods acquired in good faith proposed Reg. 3 WSP provisions,
employment of certain youth between in reliance on written assurance from § 570.35(b) would require a local public
the ages of 14 and 18 years, under the producer, manufacturer, or dealer or private school system to file with the
certain conditions, inside and outside of that the goods were produced in Administrator of the Wage and Hour
places of business that use power-driven compliance with section 12 and that Division (WHD) of DOL an application
machinery to process wood products. were acquired for value without notice for approval of a WSP as one that does
The Department proposes to revise of any violation. The Department not interfere with the schooling or
§ 570.122 by creating new subsections proposes to redesignate this section as health and well-being of the minors
(e), (f), (g), and (h), which will list the § 570.141. involved.
exemptions from the child labor 9. Section 570.129 discusses the Written Participation Agreement: The
provisions contained in FLSA sections relationship of the child labor proposed regulations would require
13(d), 13(c)(5), 13(c)(6), and 13(c)(7), provisions of the FLSA to other laws. preparation of a written participation
respectively. A more thorough The Department proposes to redesignate agreement for each student participating
discussion of each of these exemptions this section as § 570.142. in a WSP and that the teacher-
is proposed to be included in coordinator, employer, and student each
§§ 570.127–.130. N. Miscellaneous Matters sign that agreement. See proposed
6. The Department proposes to revise The Department proposes to change § 570.35b(b)(3)(iv). The proposed
§§ 570.127, .128, and .129, and create a the name of HO 8 from Occupations regulation would also require that the
new § 570.130 to present detailed involved in the operations of power- student’s parent or guardian sign the
discussions of the exemptions from the driven metal forming, punching, and training agreement, or otherwise give
child labor provisions contained in shearing machines (Order 8) to consent to the agreement, in order for it
FLSA sections 13(d), 13(c)(5), 13(c)(6), Occupations involved in the operation to be valid.
and 13(c)(7). These proposed provisions of power-driven metal forming, Recordkeeping Requirements: The
are structured similarly to those already punching, and shearing machines proposed regulation would require a
contained in subpart G that address the (Order 8). school system operating a WSP to keep
earlier FLSA exemptions concerning a copy of the written participation
employment of youth in agriculture IV. Paperwork Reduction Act agreement for each student enrolled in
(§ 570.123), in the delivery of Circumstances Necessitating the WSP. Employers of WSP
newspapers (§ 570.124), as actors and Collection: DOL proposes to revise its participants would also be required to
performers (§ 570.125), and by one’s regulations about youth employment keep a copy of the written participation
parents (§ 570.126). The Department and create a new 29 CFR 570.35b that agreement for each student employed.
also proposes to revise and redesignate would contain the requirements These agreements would be maintained
the sections of subpart G currently describing the criteria for use, for 3 years from the date of the student’s
dealing with general enforcement occupations permitted, and conditions enrollment in the WSP.
(§ 570.127), good faith defense of employment that would allow the Purpose and Use: WSP Application:
(§ 570.128), and the relation of the child employment of 14- and 15-year-olds— Under the proposal, a local school
labor provisions to other laws pursuant to a school-supervised and system would file a letter of application
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(§ 570.129). These sections would be school-administered Work-Study requesting the Administrator of WHD to
redesignated as § 570.140, § 570.141, Program (WSP)—under conditions Reg. approve a WSP that permits the
and § 570.142, respectively. The 3 otherwise prohibits. The new employment of 14- and 15-year-olds
Department proposes to reserve regulation would require the under conditions that Reg. 3 would
§§ 570.131 through 570.139 to implementation of a new paperwork otherwise prohibit. WHD would
accommodate any additional statutory burden with regard to a WSP. evaluate the information to determine if

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the program meets the requirements 0006, 1215–0016, and 1215–0017) or systems would apply each year, for an
specified in the proposed regulation, in other sections of the youth employment annual burden of 60 hours.
order to respond to the request. regulations under 29 CFR part 570 (See Written Participation Agreement: DOL
Written Participation Agreement: The OMB controls 1215–0083 and 1215– estimates each written participation
school system administering the WSP 0121). The requested information would agreement between the teacher-
and each applicable employer would not be available from any other source. coordinator, employer, student, and
separately maintain a copy of the Small Entities: This proposed parent or guardian of the student would
written participation agreement for each information collection would not have a take approximately one hour to
student. The written agreement would significant economic impact on a complete. DOL estimates 50 students
be signed by the teacher-coordinator, substantial number of small entities. would participate under each WSP each
the employer, and the student. In The information DOL proposes to year, and three parties (employers,
addition, the student’s parent or require in the application letter is the students, and parents or guardians)
guardian would either sign or otherwise minimum necessary to determine if the would have no reporting burden
provide consent for the participation WSP would meet the proposed because they would merely sign the
agreement to be valid. The proposed regulatory requirements for approval. document. 50 written agreements × one
written participation agreement is The written participation agreement hour = 50 hours per WSP. 50 hours per
structured to ensure that the quality of would be necessary to document the WSP × 30 WSPs = 1500 hours annual
the student’s education, as well as his validity of a WSP. Without this burden. 60 hours for WSP applications
or her safety and well-being, are not information, small businesses would + 1500 hours for written participation
compromised. School systems, have no way of documenting their agreements = 1560 annual reporting
employers, and WHD would use these participation in a WSP. burden hours.
records to document the validity of the Agency Need: Without this proposed Recordkeeping Burdens: DOL
WSP. information collection, WHD would estimates it would take participating
Information Technology: The have no means to determine if a WSP school systems one-half minute to file
proposed regulation prescribes no meets the regulatory requirements of the each WSP application and participating
particular form for the application, school systems and employers each
Reg. 3 modification under
provided the applicant submits all would need approximately one-half
consideration. The proposed regulations
required information. DOL also does not minute to file each WSP written
would allow the Administrator of WHD
intend to require a particular format for participation agreement, for a total
to approve a WSP for a period of up to
the written participation agreement. In annual burden of 25.25 hours ([30
two years. Less frequent application
accordance with the Government applications × (1500 written
would not allow WHD to ensure that
Paperwork Elimination Act, WHD participation agreements × 2
approved programs do not interfere with
would accept electronic submission by recordkeepers] × .5 minutes = 25.25
the schooling of the minors or with their
e-mail or fax. See 44 U.S.C. hours). 30 school systems + 1500
health and well-being. It would be
3504(a)(1)(B)(vi). DOL expects to receive employers = 1530 respondents.
difficult or impossible for WHD to
only 30 WSP applications per year Total Annual Reporting and
under the proposal. The costs to determine the legal employment of 14-
Recordkeeping Burden—1583.25 Hours.
develop and maintain an on-line and 15-year-olds during school hours, DOL bases these burden estimates on
application system would not be were records relating to the experience garnered while
justified for such a small information participation of minors in a WSP under administering WECEP.
collection. DOL would accept the the proposed plan not maintained. Absent any specific data on
parties electronically submitting the Special Circumstances: There are no compensation of respondents in these
written participation agreement between special circumstances involved in this educational institutions and
each other, provided the copies contain information collection request. participating employers, DOL has used
the required information and signatures. Payments or Gifts: DOL would offer the April 2006 average annual hourly
As the written participation agreements no payments or gifts to respondents. rate for production or nonsupervisory
are third party disclosures requiring Confidentiality: DOL would offer no workers on educational and health
multiple signatures, DOL development assurances of confidentiality in services payrolls of $17.22 to estimate
of an on-line submission option is not association with this information respondent costs. See The Employment
practical. collection. As a practical matter, WHD Situation, DOL, Bureau of Labor
The proposed regulations prescribe no would only disclose information Statistics, July 2006, Table B–3, http://
particular order or form of records. submitted in connection with an www.bls.gov/news.release/archives/
Under existing regulations, WHD would approval request or contained in records empsit_08042006.pdf. Accordingly,
accept records preserved in such forms an educational agency or employer must DOL estimates annual respondent costs
as microfilm or automated word or data maintain in accordance with the would be $27,263.57 (1583.25 hours ×
processing, provided the school systems provisions of the Freedom of $17.22).
and employers make adequate facilities Information Act (5 U.S.C 552), the Cost Burden: DOL estimates the
available for their inspection and Privacy Act (5 U.S.C. 552a), and their annual mailing and postage cost for 30
transcription by DOL representatives. attendant regulations, 29 CFR parts 70 applications would be $12.60 (30
See 29 CFR 516.1. and 71. applications × [$.39 postage + $.03 per
Minimizing Duplication: Federal rules Sensitive Questions: This information envelope]).
regulating youth employment are collection would contain no sensitive Federal Costs: WHD estimates it
unique to WHD, and the agency is not information. would receive 30 applications per year
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aware of any duplicative effort to collect Hour Burden: Reporting Burdens: and processing each application would
this information. This information is not WSP Application: DOL estimates it take approximately 2 hours of analyst
already collected under existing would take approximately 2 hours for a time and 1 hour of clerical time. The
authorities, such as the general FLSA school system to prepare the letter estimate includes analysis of each
recordkeeping requirements under 29 applying for WSP approval. DOL application and preparation of the letter
CFR part 516 (See OMB controls 1215– estimates that approximately 30 school granting or denying approval.

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Analyzing-Processing: $29.47 (GS 11/ because this proposed rule is not those characteristics that initially place
5, Washington, DC) × 2 hours × 30 ‘‘economically significant’’ as defined in them at increased risk of injury and
applications = $1768.20. section 3(f)(1) of E.O. 12866, it does not death in the workplace only through the
Clerical: $17.92 (GS 6/5, Washington, require a full economic impact analysis maturation process, it is believed that
DC) × 1 hour × 30 applications = under section 6(a)(3)(C) of the Order. requiring older workers to perform those
$537.60. The new information collection, tasks that present greater risks to
Total Estimated Annual Federal recordkeeping, and reporting younger workers actually eliminates
Cost—$2305.80. requirements subject to the Paperwork injuries and deaths—rather than
Burden Changes: The proposed Reduction Act of 1995 (44 U.S.C. 3501, delaying them or transferring them to
regulation would result in a program et seq.) that would be imposed should the older workers.
change with an estimated increased the proposed work-study program be Additionally, this document proposes
public burden of 1583 hours. This is a enacted are discussed above. to revise the child labor regulations in
new collection that would be required It is well established that several response to a statutory amendment
by a proposed revision of 29 CFR part characteristics of youth place adolescent enacted by the Congress that permits
570. workers at increased risk of injury and certain youth between the ages of 14
Publication: DOL would not publish death. Lack of experience in the work and 18 years of age who are excused
this information. place and in assessing risks, and from compulsory school attendance
Displaying OMB Expiration Date: DOL developmental factors—physical, beyond the eighth grade to be employed
plans to use no forms on which to place cognitive, and psychological—all under specific conditions inside and
an expiration date for this proposed contribute to the higher rates of outside places of business that use
information collection. occupational injuries and deaths machinery to process wood products.
Certification Requirements: DOL does experienced by young workers. CFOI Affecting both the Reg. 3 occupations
not seek any exceptions to the data reflect that during the period of standards and HOs 4 and 5, this
certification requirements. 1994–2004, 15-year-olds experienced an statutory provision would be available
Request for comments: The public is occupational fatality rate of 4.7 fatalities to a very small number of minors and
invited to provide comments on this per 100,000 workers—a rate that was therefore is expected to have little or no
information collection requirement so greater than that experienced by all economic impact. The Department
that the Department may: workers aged 15 and older. Older believes that only a few minors have
(1) Evaluate whether the proposed working youth share similar risks. The obtained employment in such
collections of information are necessary NIOSH Report noted that the fatality occupations since the amendment was
for the proper performance of the rate for adolescents aged 16 and 17 was enacted and doubts that the number will
functions of the agency, including 5.1 per 100,000 full-time equivalent increase. Moreover, the amendment’s
whether the information will have workers for the 10-year period 1980–89 strong safety—affecting requirements
practical utility; [Castillo et al. 1994], while the rate for that such youth not operate or assist in
(2) Evaluate the accuracy of the adults aged 18 and older was 6.1. As the operation of power-driven
agency’s estimates of the burdens of the NIOSH stated, ‘‘[t]his relatively small woodworking machines, use personal
collections of information, including the difference in rates is cause for concern protective equipment to prevent
validity of the methodology and because youth under age 18 are exposure to excessive levels of noise
assumptions used; employed less frequently in especially and sawdust, and be protected from
(3) Enhance the quality, utility and hazardous jobs.’’ NIOSH also estimates wood particles and other flying debris
clarity of the information to be that youth work injuries exceed 200,000 within the workplace, should
collected; and each year, and of that number, 77,000 significantly reduce potential costs
(4) Minimize the burden of the are serious enough to warrant treatment resulting from accidents and injuries to
collections of information on those who in hospital emergency rooms. The minors on the job.
are to respond, including through the NIOSH statistics show that, despite the Implementing the Department’s
use of appropriate automated, fact that workers aged 15 through 17 are proposal to revise subpart G of the child
electronic, mechanical, or other generally restricted from employment in labor regulations, General Statements of
technological collection techniques or hazardous occupations such as mining, Interpretation of the Child Labor
other forms of information technology, motor-vehicle driving, logging, Provisions of the Fair Labor Standards
e.g., permitting electronic submission of sawmilling, and construction, they have Act of 1938, as Amended, to incorporate
responses. a higher rate of injuries requiring all the regulatory changes made since
Written comments should be sent to emergency room treatment than any this subpart was last revised in 1971,
the Office of Information and Regulatory other age group except 18- and 19-year- would simply provide compliance
Affairs, Office of Management and olds (who are not restricted from guidance on the youth employment
Budget, Attention: Desk Officer for performing such work). The economic provisions detailed in earlier subparts of
Employment Standards Administration, and social costs associated with the 570 and therefore imposes no economic
U.S. Department of Labor, Washington, deaths and serious injuries of young costs.
DC 20503. workers are substantial. The additional changes being
The Department considers the proposed are also expected to have little
V. Executive Order 12866; Small issuance of this proposed rule as an or no direct cost impact. The proposed
Business Regulatory Enforcement important and necessary step in its changes affecting the types of
Fairness Act; Regulatory Flexibility ongoing review of the criteria for occupations and industries in which 14-
This proposed rule is being treated as permissible child labor employment, a and 15-year-olds may or may not be
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a ‘‘significant regulatory action’’ within review which strives to balance the employed, as well as the periods and
the meaning of E.O. 12866 because of its potential benefits of transitional, staged conditions of such employment (Reg. 3
importance to the public and the employment opportunities for youth occupations and hours standards), are
Department’s priorities. Therefore, the with the necessary protections for their largely clarifications of existing
Office of Management and Budget has education, health and safety. Because provisions or enforcement positions,
reviewed this proposed rule. However, youth often overcome the effects of though new occupations involving work

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of a mental or creative nature, occupations listed in § 570.34(a) to be competition, employment, investment,


lifeguarding, and the loading of personal performed in certain industries in productivity, innovation, or on the
hand tools onto motor vehicles, would addition to retail, food service, and ability of U.S.-based enterprises to
be added to the list of permitted gasoline service establishments. compete with foreign-based enterprises
occupations. The proposals to revise Although, as mentioned above, some in domestic or export markets.
several of the nonagricultural HOs—to employers would be required in most This proposed rule is also not
implement specific recommendations cases to replace younger workers with expected to have a significant economic
made by NIOSH or that arise from the older workers were the Department’s impact on a substantial number of small
Department’s enforcement experience— proposals implemented, the impact entities under the Regulatory Flexibility
would, in all but one instance involving would be minimal as relatively few Act for the reasons discussed above. The
the use of certain countertop mixers minors are currently employed to Department has certified to this effect to
(HO 11), require employers to assign perform these occupations. But the the Chief Counsel for Advocacy of the
older workers to perform tasks that may Department believes that adoption of U.S. Small Business Administration.
currently be performed by 16- and 17- these proposals is important as they are Therefore, no Regulatory Flexibility
year-olds. essential to fulfilling its charge of Analysis is required.
Proposals resulting from the NIOSH keeping working youth safe by
recommendations include the prohibiting occupations that are VI. Unfunded Mandates Reform Act
expansion of HO 4 to prohibit the particular hazardous or detrimental to For purposes of the Unfunded
employment of minors in forest their health or well-being. Any costs Mandates Reform Act of 1995, 2 U.S.C.
firefighting and fire prevention that might result from using older 1532, this proposed rule does not
activities; the revision of HO 7 to employees to perform the previously include any federal mandate that may
prohibit the employment of minors in permitted tasks would be more than result in excess of $100 million in
the tending, servicing, and repairing of offset by reduced health and expenditures by state, local and tribal
hoisting equipment and the addition of productivity costs resulting from governments in the aggregate or by the
such equipment as cherry pickers, accidents and injuries to minors on the private sector.
scissor lifts, bucket trucks, aerial job. Rules that limit permissible job
platforms, and hoists of less than one activities for working youth to those that VII. Executive Order 13132
ton capacity to the list of prohibited are safe do not, by themselves, impose (Federalism)
equipment; and the expansion of HO 10 significant added costs on employers, in The proposed rule does not have
to prohibit the employment of minors in our view. In fact, ensuring that federalism implications as outlined in
poultry slaughtering and processing permissible job opportunities for E.O. 13132 regarding federalism. The
occupations. Revisions to HO 12 to working youth are safe, healthy, and not proposed rule does not have substantial
prohibit the employment of minors in detrimental to their education, as direct effects on the states, on the
the operation of balers and compactors required by the statute, produces many relationship between the national
not currently covered by the HO, and positive benefits in addition to fewer government and the states, or on the
the expansion of HO 14 to add occupational injuries and deaths, distribution of power and
additional power-driven equipment to including reduced health and responsibilities among the various
the list of equipment minors may not productivity costs that employers may levels of government.
operate, are also being proposed as a otherwise incur because of higher
result of the NIOSH Report accident and injury rates to young and VIII. Executive Order 13175, Indian
recommendations. The Department’s inexperienced workers. In any event, Tribal Governments
enforcement experience has led it to the direct, incremental costs that would This proposed rule was reviewed
propose to incorporate certain long- be imposed by this proposed rule are under the terms of E.O. 13175 and
standing enforcement positions expected to be minimal. Collectively, determined not to have ‘‘tribal
involving the definitions of they would not have an annual effect on implications.’’ The proposed rule does
remanufacturing departments of the economy of $100 million or more or not have ‘‘substantial direct effects on
sawmills (HO 4), high-lift trucks (HO 7), adversely affect in a material way the one or more Indian tribes, on the
and the cleaning of power-driven meat economy or its individual sectors, relationship between the federal
processing equipment (HO 10). The productivity, jobs, the environment, government and Indian tribes, or on the
Department is also proposing, based on public health or safety, or state, local, or distribution of power and
its enforcement experience, that HO 11 tribal governments or communities. responsibilities between the federal
be amended to incorporate the Therefore, this proposed rule is not government and Indian tribes.’’ As a
Department’s long-standing position ‘‘economically significant’’ and no result, no tribal summary impact
permitting 16- and 17-year-olds, under regulatory impact analysis has been statement has been prepared.
certain conditions, to operate certain prepared.
pizza-dough rollers, and that HO 14 be The Department has similarly IX. Effects on Families
expanded to prohibit the employment of concluded for the same reasons noted The undersigned hereby certify that
minors to operate reciprocating saws. above that this proposed rule is not a this proposed rule will not adversely
The Department believes that ‘‘major rule’’ requiring approval by the affect the well-being of families, as
implementation of the proposed rule Congress under the Small Business discussed under section 654 of the
would not reduce the overall number of Regulatory Enforcement Fairness Act of Treasury and General Government
safe, positive, and legal employment 1996 (5 U.S.C. 801 et seq.). It would not Appropriations Act, 1999.
opportunities available to young likely result in (1) an annual effect on
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workers. In fact, employment the economy of $100 million or more; X. Executive Order 13045, Protection of
opportunities for 14- and 15-year-olds (2) a major increase in costs or prices for Children
would increase with implementation of consumers, individual industries, E.O. 13045, dated April 23, 1997 (62
the proposals to (1) create a limited federal, state, or local government FR 19885), applies to any rule that (1)
exemption for certain work-study agencies, or geographic regions; or (3) is determined to be ‘‘economically
programs and (2) allow those permitted significant adverse effects on significant’’ as defined in E.O. 12866,

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and (2) concerns an environmental Signed at Washington, DC this 10th day of (b) Occupations that the Secretary of
health or safety risk that the April, 2007. Labor may, pursuant to section 3(l) of
promulgating agency has reason to Victoria A. Lipnic, the Fair Labor Standards Act, find and
believe may have a disproportionate Assistant Secretary, Employment Standards declare to be hazardous for the
effect on children. This proposal is not Administration. employment of minors between 16 and
subject to E.O. 13045 because it is not Paul DeCamp, 18 years of age or detrimental to their
economically significant as defined in health or well-being.
Administrator, Wage and Hour Division.
E.O. 12866. In addition, although this (c) Occupations that involve
proposed rule impacts the youth For the reasons set out in the operating, tending, setting up, adjusting,
employment provisions of the FLSA and preamble, the DOL proposes to amend cleaning, oiling, or repairing hoisting
the employment of adolescents and Title 29, part 570, of the Code of Federal apparatus.
young adults, it does not impact the Regulations as follows: (d) Work performed in or about boiler
environmental health or safety risks of or engine rooms or in connection with
PART 570—CHILD LABOR the maintenance or repair of the
children. REGULATIONS, ORDERS AND establishment, machines, or equipment.
XI. Environmental Impact Assessment STATEMENTS OF INTERPRETATION (e) Occupations that involve
1. The authority citation for part 570 operating, tending, setting up, adjusting,
A review of this proposal in cleaning, oiling, or repairing any power-
accordance with the requirements of the subpart C continues to read as follows:
driven machinery, including but not
National Environmental Policy Act of Authority: 29 U.S.C. 203(l), 212, 213(c)(7).
limited to lawn mowers, golf carts,
1969 (NEPA), 42 U.S.C. 4321 et seq.; the 2. Sections 570.31 through 570.35 are trimmers, cutters, weed-eaters, edgers,
regulations of the Council on proposed to be revised to read as food slicers, food grinders, food
Environmental Quality, 40 CFR 1500 et follows: choppers, food processors, food cutters,
seq.; and the Departmental NEPA and food mixers. Youth 14 and 15 years
procedures, 29 CFR part 11, indicates § 570.31 Secretary’s determinations
concerning the employment of minors 14 of age may, however, operate office
that the proposed rule will not have a equipment pursuant to § 570.34(a) and
significant impact on the quality of the and 15 years of age.
The employment of minors between vacuum cleaners and floor waxers
human environment. There is, thus, no pursuant to § 570.34(h).
corresponding environmental 14 and 16 years of age in the
(f) The operation of motor vehicles;
assessment or an environmental impact occupations, for the periods, and under
the service as helpers on such vehicles
statement. the conditions specified in § 570.34 and
except those tasks permitted by
§ 570.35, does not interfere with their
XII. Executive Order 13211, Energy § 570.34(k); and the riding on a motor
schooling or with their health and well-
Supply vehicle, inside or outside of an enclosed
being and shall not be deemed to be
passenger compartment, except as
oppressive child labor.
This proposed rule is not subject to permitted by § 570.34(o).
E.O. 13211. It will not have a significant § 570.32 Effect of this subpart. (g) Outside window washing that
adverse effect on the supply, This subpart concerns the involves working from window sills,
distribution or use of energy. employment of youth between 14 and and all work requiring the use of
16 years of age in nonagricultural ladders, scaffolds, or their substitutes.
XIII. Executive Order 12630, (h) All baking and cooking activities
Constitutionally Protected Property occupations; standards for the
employment of minors in agricultural except that cooking which is permitted
Rights by § 570.34(c).
occupations are detailed in subpart E–
This proposal is not subject to E.O. 1. The employment (including suffering (i) Work in freezers and meat coolers
12630, because it does not involve or permitting to work) by an employer and all work in the preparation of meats
implementation of a policy ‘‘that has of minors 14 and 15 years of age in for sale except as permitted by
takings implications’’ or that could occupations detailed in § 570.34, for the § 570.34(j). This section, however, does
impose limitations on private property periods and under the conditions not prohibit the employment of 14- and
use. specified in § 570.35, shall not be 15-year-olds whose duties require them
deemed to be oppressive child labor to occasionally enter freezers only
XIV. Executive Order 12988, Civil within the meaning of the Fair Labor momentarily to retrieve items.
Justice Reform Analysis (j) Youth peddling, which entails the
Standards Act of 1938. Employment that
selling of goods or services to customers
This proposed rule was drafted and is not specifically permitted is
at locations other than the youth-
reviewed in accordance with E.O. 12988 prohibited.
employer’s establishment, such as the
and will not unduly burden the federal § 570.33 Occupations that are prohibited customers’ residences or places of
court system. The proposed rule was: (1) to minors 14 and 15 years of age. business, or public places such as street
Reviewed to eliminate drafting errors The following occupations, which is corners or public transportation
and ambiguities; (2) written to minimize not an exhaustive list, constitute stations. Prohibited activities associated
litigation; and (3) written to provide a oppressive child labor within the with youth peddling not only include
clear legal standard for affected conduct meaning of the Fair Labor Standards Act the attempt to make a sale or the actual
and to promote burden reduction. of 1938 when performed by minors who consummation of a sale, but also the
List of Subjects in 29 CFR Part 570 are 14 and 15 years of age: preparatory and concluding tasks
(a) Manufacturing, mining, or normally performed by a youth peddler
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Child labor, Child Labor occupations, processing occupations, including in conjunction with his or her sales
Employment, Government, occupations requiring the performance such as the loading and unloading of
Incorporation by reference, of any duties in work rooms or work vans or other motor vehicles, the
Intergovernmental relations, places where goods are manufactured, stocking and restocking of sales kits and
Investigations, Labor, Law enforcement, mined or otherwise processed, except as trays, the exchanging of cash and checks
Minimum age. permitted in § 570.34 of this subpart. with the employer, and the

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transportation of minors to and from the cooking devices that operate at shovels, and brooms. Such light tools
various sales areas by the employer. extremely high temperatures such as would not include items like trash, sales
Youth peddling does not include the ‘‘Neico broilers’’). Cooking is also kits, promotion items or items for sale,
activities of persons who, as volunteers permitted with deep fryers that are lawn mowers, or other power-driven
and without compensation, sell goods or equipped with and utilize a device lawn maintenance equipment. Such
services on behalf of eleemosynary which automatically lowers the baskets minors would not be permitted to load
organizations or public agencies. into the hot oil or grease and or unload safety equipment such as
(k) Loading and unloading of goods or automatically raises the baskets from the barriers, cones, or signage.
property onto or from motor vehicles, hot oil or grease. (l)(1) Lifeguard. The employment of
railroad cars, or conveyors, except the (d) Cashiering, selling, modeling, art 15-year-olds (but not 14-year-olds) to
loading and unloading of personal non- work, work in advertising departments, perform permitted lifeguard duties at
power-driven hand tools, personal window trimming, and comparative traditional swimming pools and water
protective equipment, and personal shopping. amusement parks (including such water
items to and from motor vehicles as (e) Price marking and tagging by hand park facilities as wave pools, lazy rivers,
permitted by § 570.34(k). or machine, assembling orders, packing, specialized activity areas that may
(l) Catching and cooping of poultry for and shelving. include water falls and sprinkler areas,
preparation for transport or for market. (f) Bagging and carrying out and baby pools; but not including the
(m) Public messenger service. customers’ orders. elevated areas of power-driven water
(n) Occupations in connection with: (g) Errand and delivery work by foot, slides) when such youth have been
(1) Transportation of persons or bicycle, and public transportation. trained and certified by the American
property by rail, highway, air, water, (h) Clean up work, including the use Red Cross, or a similar certifying
pipeline, or other means; of vacuum cleaners and floor waxers, organization, in aquatics and water
(2) Warehousing and storage; and the maintenance of grounds, but not safety.
(3) Communications and public including the use of power-driven (2) Definitions. As used in this
utilities; mowers, cutters, trimmers, edgers, or section:
(4) Construction (including similar equipment. Permitted lifeguard duties, as used in
demolition and repair); except such (i) Kitchen work and other work this subpart, include the rescuing of
office work (including ticket office) or involved in preparing and serving food swimmers in danger of drowning, the
sales work in connection with and beverages, including operating monitoring of activities at poolside to
paragraphs (n)(1), (2), (3), and (4) of this machines and devices used in prevent accidents, the teaching of water
section, as does not involve the performing such work. Examples of safety, and providing assistance to
performance of any duties on trains, permitted machines and devices patrons. Lifeguards may also help to
motor vehicles, aircraft, vessels, or other include, but are not limited to, maintain order and cleanliness in the
media of transportation or at the actual dishwashers, toasters, dumbwaiters, pool and pool areas, give swimming
site of construction operations. popcorn poppers, milk shake blenders, instructions, conduct or officiate at
coffee grinders, automatic coffee swimming meets, and administer first
§ 570.34 Occupations that may be machines, devices used to maintain the aid. Additional lifeguard duties may
performed by minors 14 and 15 years of temperature of prepared foods (such as include checking in and out items such
age. warmers, steam tables, and heat lamps), as towels and personal items such as
This subpart authorizes only the and microwave ovens that are used only rings, watches and apparel. Permitted
following occupations in which the to warm prepared food and do not have duties for 15-year-olds include the use
employment of minors 14 and 15 years the capacity to warm above 140 °F. of a ladder to access and descend from
of age is permitted when performed for Minors are permitted to clean kitchen the lifeguard chair; the use of hand tools
periods and under conditions equipment (not otherwise prohibited), to clean the pool and pool area; and the
authorized by § 570.35 and not remove oil or grease filters, pour oil or testing and recording of water quality
involving occupations prohibited by grease through filters, and move for temperature and/or pH levels, using
§ 570.33 or performed in areas or receptacles containing hot grease or hot all of the tools of the testing process
industries prohibited by § 570.33. oil, but only when the equipment, including adding chemicals to the test
(a) Office and clerical work, including surfaces, containers and liquids do not water sample. Fifteen-year-olds
the operation of office machines. exceed a temperature of 100 °F. employed as lifeguards are, however,
(b) Work of a mental or artistically (j) Cleaning vegetables and fruits, and prohibited from entering or working in
creative nature such as, but not limited the wrapping, sealing, labeling, any mechanical room or chemical
to, computer programming, the writing weighing, pricing, and stocking of items, storage areas, including any areas where
of software, teaching or performing as a including vegetables, fruits, and meats, the filtration and chlorinating systems
tutor, serving as a peer counselor or when performed in areas physically are housed. The term permitted
teacher’s assistant, singing, the playing separate from a freezer or meat cooler. lifeguard duties does not include the
of a musical instrument, and drawing, (k) The loading onto motor vehicles operation or tending of power-driven
as long as such employment complies and the unloading from motor vehicles equipment including power-driven
with all the other provisions contained of the light, non-power-driven, hand elevated water slides often found at
in §§ 570.33, 570.34, and 570.35. tools and personal protective equipment water amusement parks and some
Artistically creative work is limited to that the minor will use as part of his or swimming pools. Minors under 16 years
work in a recognized field of artistic or her employment at the work site; and of age may not be employed as
creative endeavor. the loading onto motor vehicles and the dispatchers or attendants at the top of
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(c) Cooking with electric or gas grills unloading from motor vehicles of elevated water slides performing such
which does not involve cooking over an personal items such as a back pack, a tasks as maintaining order, directing
open flame (Note: This provision does lunch box, or a coat that the minor is patrons as to when to depart the top of
not authorize cooking with equipment permitted to take to the work site. Such the slide, and ensuring that patrons
such as rotisseries, broilers, pressurized light tools would include, but not be have begun their ‘‘ride’’ safely. Properly
equipment including fryolators, and limited to, rakes, hand-held clippers, certified 15-year-old lifeguards may,

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however, be stationed at the by the U.S. Department of Labor’s religious sect or division to which the
‘‘splashdown pools’’ located at the Occupational Safety and Health youth professes membership.
bottom of the elevated water slides to Administration (OSHA) or, in those (n) Work in connection with cars and
perform those permitted duties listed in areas where OSHA has authorized the trucks if confined to the following:
this subsection. state to operate its own Occupational dispensing gasoline and oil; courtesy
Traditional swimming pool, as used Safety and Health Plan, the applicable service; car cleaning, washing and
in this subpart, means a water tight standards issued by the Office charged polishing by hand; and other
structure of concrete, masonry, or other with administering the State occupations permitted by this section,
approved materials located either Occupational Safety and Health Plan. but not including work involving the
indoors or outdoors, used for bathing or (3) Definitions. As used in this use of pits, racks, or lifting apparatus, or
swimming and filled with a filtered and section: involving the inflation of any tire
disinfected water supply, together with Inside or outside places of business mounted on a rim equipped with a
buildings, appurtenances and shall mean the actual physical location removable retaining ring.
equipment used in connection of the establishment employing the (o) Work in connection with riding
therewith, excluding elevated ‘‘water youth, including the buildings and inside passenger compartments of motor
slides.’’ Not included in the definition surrounding land necessary to the vehicles except as prohibited by
of a traditional swimming pool would business operations of that §§ 570.33(f) or 570.33(j), or when a
be such natural environment swimming establishment. significant reason for the minor being a
facilities as rivers, streams, lakes, Operate or assist in the operation of passenger in the vehicle is for the
reservoirs, wharfs, piers, canals, or power-driven woodworking machines purpose of performing work in
oceanside beaches. shall mean the operating of such connection with the transporting-or
Water amusement park means an machines, including supervising or assisting in the transporting of-other
establishment that not only controlling the operation of such persons or property. The transportation
encompasses the features of a traditional machines, feeding material into such of the persons or property does not have
swimming pool, but may also include machines, helping the operator feed to be the primary reason for the trip for
such additional attractions as wave material into such machines, unloading this exception to apply. Each minor
pools; lazy rivers; specialized activities materials from such machines, and riding as a passenger in a motor vehicle
areas such as baby pools, water falls, helping the operator unload materials must have his or her own seat in the
and sprinklers; and elevated water from such machines. The term also passenger compartment; each seat must
slides. Not included in the definition of includes the occupations of setting-up, be equipped with a seat belt or similar
a water amusement park would be such adjusting, repairing, oiling, or cleaning restraining device; and the employer
natural environment swimming such machines. must instruct the minors that such belts
facilities as rivers, streams, lakes, Places of business where machinery is
or other devices must be used.
reservoirs, wharfs, piers, canals, or used to process wood products shall
oceanside beaches. mean such permanent workplaces as § 570.35 Hours of work and conditions of
(m)(1) Employment inside and outside sawmills, lath mills, shingle mills, employment permitted for minors 14 and 15
of places of business where machinery cooperage stock mills, furniture and years of age.
is used to process wood products. The cabinet making shops, gazebo and shed (a) Hours standards. Except as
employment of a 14- or 15-year-old who making shops, toy manufacturing shops, provided in paragraph (c) of this
by statute or judicial order is exempt and pallet shops. The term shall not section, employment in any of the
from compulsory school attendance include construction sites, portable permissible occupations to which this
beyond the eight grade inside or outside sawmills, areas where logging is being subpart is applicable shall be confined
places of business where machinery is performed, or mining operations. to the following periods:
used to process wood products if: Power-driven woodworking machines (1) Outside of school hours;
(i) The youth is supervised by an shall mean all fixed or portable (2) Not more than 40 hours in any 1
adult relative of the youth or is machines or tools driven by power and week when school is not in session;
supervised by an adult member of the used or designed for cutting, shaping, (3) Not more that 18 hours in any 1
same religious sect or division as the forming, surfacing, nailing, stapling, week when school is in session;
youth; wire stitching, fastening or otherwise (4) Not more than 8 hours in any 1
(ii) The youth does not operate or assembling, pressing, or printing wood, day when school is not in session;
assist in the operation of power-driven veneer, trees, logs, or lumber. (5) Not more than 3 hours in any 1
woodworking machines; Supervised by an adult relative or is day when school is in session, including
(iii) The youth is protected from wood supervised by an adult member of the Fridays;
particles or other flying debris within same religious sect or division as the (6) Between 7 a.m. and 7 p.m. in any
the workplace by a barrier appropriate youth has several components. 1 day, except during the summer (June
to the potential hazard of such wood Supervised means that the youth’s on- 1 through Labor Day) when the evening
particles or flying debris or by the-job activities must be directed, hour will be 9 p.m.
maintaining a sufficient distance from monitored, overseen, and controlled by (b) Definition. As used in this section:
machinery in operation; and certain named adults. Such supervision Week as used in this subpart means a
(iv) The youth is required to use, and must be close, direct, constant, and standard calendar week of 12:01 a.m.
uses, personal protective equipment to uninterrupted. An adult shall mean an Sunday through midnight Saturday, not
prevent exposure to excessive levels of individual who is at least eighteen years an employee’s workweek as defined in
noise and saw dust. of age. A relative shall mean the parent § 778.105 of this title.
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(2) Compliance. Compliance with the (or someone standing in the place of a Exceptions. (1) School is not
provisions of paragraphs (m)(1)(iii) and parent), grandparent, sibling, uncle, or considered to be in session, and
(m)(1)(iv) of this section will be aunt of the young worker. A member of exceptions from the hours limitations
accomplished when the employer is in the same religious sect or division as the standards listed in paragraphs (a)(1), (3),
compliance with the requirements of the youth refers to an individual who and (5) of this section are provided, for
applicable governing standards issued professes membership in the same any youth 14 or 15 years of age who:

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(i) Has graduated from high school; participating in a work-study program days before the start of the school year
(ii) Has been excused from designed as described in § 570.35b. and must include information
compulsory school attendance by the 3. In § 570.35a paragraph (c)(3) is concerning the criteria listed in
state or other jurisdiction once he or she proposed to be revised to read as paragraph (b)(3) of this section. The
has completed the eighth grade and his follows: Administrator of the Wage and Hour
or her employment complies with all Division shall approve the application,
the requirements of the state school § 570.35a Work experience and career
or give prompt notice of any denial and
exploration programs.
attendance law; the reasons therefor.
(iii) Has a child to support and * * * * * (3) The criteria to be used in
appropriate state officers, pursuant to (c) * * * consideration of applications under this
state law, have waived school (3) Occupations other than those section are the following:
attendance requirements for this minor; permitted under § 570.34, except upon (i) Eligibility. Any student 14 or 15
(iv) Is subject to an order of a state or approval of a variation by the years of age, enrolled in a college
federal court prohibiting him or her Administrator of the Wage and Hour preparatory curriculum, whom
from attending school; or Division in acting on the program authoritative personnel from the school
(v) Has been permanently expelled application of the State Educational attended by the youth identify as being
from the local public school he or she Agency. The Administrator shall have able to benefit from the program shall be
would normally attend. discretion to grant requests for special able to participate.
(2) In the case of minors 14 and 15 variations if the applicant demonstrates (ii) Instructional schedule. Every
years of age who are employed to that the activity will be performed youth shall receive, every school year he
perform sports-attending services at under adequate supervision and training or she participates in the work-study
professional sporting events, i.e., (including safety precautions) and that program, at least the minimum number
baseball, basketball, football, soccer, the terms and conditions of the of hours of classroom instruction, as
tennis, etc., the requirements of proposed employment will not interfere required by the State Educational
paragraphs (a)(2) through (a)(6) of this with the health or well-being or Agency responsible for establishing
section shall not apply, provided that schooling of the minor enrolled in an such standards, to complete a fully-
the duties of the sports-attendant approved program. The granting of a accredited college preparatory
occupation consist of pre- and post- special variation is determined on a curriculum. Such classroom instruction
game or practice setup of balls, items case-by-case basis. shall include, every year the youth
and equipment; supplying and * * * * * participates in the work-study program,
retrieving balls, items and equipment 4. A new § 570.35b is proposed to be training in workplace safety and state
during a sporting event; clearing the added and to read as follows: and federal youth employment
field or court of debris, moisture, etc., provisions and rules.
during play; providing ice, drinks, § 570.35b Work-study programs. (iii) Teacher-coordinator. Each school
towels, etc., to players during play; (a) This section varies the provisions participating in a work-study program
running errands for trainers, managers, contained in § 570.35(a)(1) and (a)(5) for shall designate a teacher-coordinator
coaches, and players before, during, and the employment of minors 14 and 15 under whose supervision the program
after a sporting event; and returning years of age who are enrolled in and will operate. The teacher-coordinator
and/or storing balls, items and employed pursuant to a school- shall generally supervise and coordinate
equipment in club house or locker room supervised and school-administered the work and educational aspects of the
after a sporting event. For purposes of work-study program that meets the program and make regularly scheduled
this exception, impermissible duties requirements of paragraph (b) of this visits to the workplaces of the
include grounds or field maintenance section, in the occupations permitted by participating students. The teacher-
such as grass mowing, spreading or § 570.34, and for the periods and under coordinator shall ensure that minors
rolling tarpaulins used to cover playing the conditions specified in paragraph (c) participating in a work-study program
areas, etc.; cleaning and repairing of this section. With these safeguards, are employed in compliance with all
equipment; cleaning locker rooms, such employment is found not to applicable provisions of this part and
showers, lavatories, rest rooms, team interfere with the schooling of the section 6 of the Fair Labor Standards
vehicles, club houses, dugouts or minors or with their health and well- Act.
similar facilities; loading and unloading being and therefore is not deemed to be (iv) Written participation agreement.
balls, items and equipment from team oppressive child labor. No student shall participate in the work-
vehicles before and after a sporting (b)(1) A school-supervised and study program until there has been
event; doing laundry; and working in school-administered work-study made a written agreement signed by the
concession stands or other selling and program shall meet the educational teacher-coordinator, the employer, and
promotional activities. standards established and approved by the student. The agreement shall also be
(3) Exceptions from certain of the the State Educational Agency in the signed or otherwise consented to by the
hours standards contained in respective state. student’s parent or guardian. The
paragraphs (a)(1) and (a)(3) of this (2) The superintendent of the public agreement shall detail the objectives of
section are provided for the or private school system supervising the work-study program; describe the
employment of minors who are enrolled and administering the work-study specific job duties to be performed by
in and employed pursuant to a school- program shall file with the the participating minor as well as the
supervised work-experience and career Administrator of the Wage and Hour number of hours and times of day that
exploration program as detailed in Division a letter of application for the minor will be employed each week;
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§ 570.35a. approval of the work-study program as affirm that the participant will receive
(4) Exceptions from certain of the one not interfering with schooling or the minimum number of hours of class-
hours standards contained in with the health and well-being of the room instruction as required by the
paragraphs (a)(1) and (a)(5) of this minors involved and therefore not State Educational Agency for the
section are provided for the constituting oppressive child labor. The completion of a fully-accredited college
employment of minors who are application shall be filed at least sixty preparatory curriculum; and affirm that

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the employment of the minor will be in (d) Programs shall be in force and these exceptions do not apply to work
compliance with the youth employment effect for a period to be determined by which entails entering the sawmill
provisions of both this part and the laws the Administrator of the Wage and Hour building, except for minors who meet
of the state where the work will be Division, but in no case shall be in effect the requirements of the limited
performed, and the applicable minimum for longer than two school years from exemption discussed in §§ 570.34(m)
wage provisions contained in section 6 the date of their approval by the and 570.54(c):
of the FLSA. Administrator of the Wage and Hour * * * * *
(v) Other provisions. Any other Division. A new application for (b) Definitions. As used in this
provisions of the program providing approval must be filed at the end of that section:
safeguards ensuring that the period. Failure to meet the requirements All occupations in forest firefighting
employment permitted under this of this section may result in withdrawal and forest fire prevention shall include
section will not interfere with the of the approval. the controlling and extinguishing of
schooling of the minors or with their fires, the wetting down of areas or
health and well-being may also be Subpart E—Occupations Particularly extinguishing of spot fires, the
submitted for use in considering the Hazardous for the Employment of patrolling of burned areas to assure the
application. Minors Between 16 and 18 Years of fire has been extinguished, and the
(4) Every public or private school Age or Detrimental to Their Health or piling and burning of slash. The term
district having students in a work-study Well-Being shall also include the following tasks
program approved pursuant to these 5. The authority citation for subpart E when performed in conjunction with, or
requirements, and every employer continues to read as follows: in support of, efforts to extinguish an
employing students in a work-study actual fire: the clearing of fire trails or
Authority: 29 U.S.C. 203(l), 212, 213(c).
program approved pursuant to these roads; the construction, maintenance,
requirements, shall comply with the 6. In § 570.54, the section heading and and patrolling of firelines; acting as a
following: paragraphs (a) introductory text, (a)(1), fire lookout or fire patrolman; and tasks
(i) Permissible occupations. No (a)(2) introductory text, and (b) are associated with the operation of a
student shall be assigned to work in any proposed to be revised, and a new temporary firefighting base camp. The
occupation other than one permitted paragraph (c) is proposed to be added, prohibition concerning the employment
under § 570.34 of this chapter. to read as follows: of youth in forest firefighting and fire
(ii) Records and reports. A copy of the prevention would apply to all forest
§ 570.54 Forest firefighting and forest fire
written agreement for each student prevention occupations, logging locations and buildings located within
participating in the work-study program occupations, and occupations in the the forest, not just where logging or
shall be kept by both the employer and operation of any sawmill, lath mill, shingle sawmilling takes place.
the school supervising and mill, or cooperage stock mill (Order 4). All occupations in logging shall mean
administering the program for a period (a) Finding and declarations of fact. all work performed in connection with
of three years from the date of the All occupations in forest firefighting the felling of timber; the bucking or
student’s enrollment in the program. and forest fire prevention, logging, and converting of timber into logs, poles,
Such agreements shall be made the operation of any sawmill, lath mill, piles, ties, bolts, pulpwood, chemical
available upon request to the shingle mill, or cooperage stock mill are wood, excelsior wood, cordwood, fence
representatives of the Administrator of particularly hazardous for the posts, or similar products; the
the Wage and Hour Division for employment of minors between 16 and collecting, skidding, yarding, loading,
inspection, transcription, and/or 18 years of age, except the following: transporting and unloading of such
photocopying. (1) Exceptions applying to logging: products in connection with logging; the
(c) Employment of minors enrolled in (i) Work in offices or in repair or constructing, repairing, and maintaining
a program approved pursuant to the maintenance shops. of roads, railroads, flumes, or camps
requirements of this section shall be (ii) Work in the construction, used in connection with logging; the
confined to not more that 18 hours in operation, repair, or maintenance of moving, installing, rigging, and
any one week when school is in session, living and administrative quarters of maintenance of machinery or equipment
a portion of which may be during school logging camps. used in logging; and other work
hours, in accordance with the following (iii) Peeling of fence posts, pulpwood, performed in connection with logging.
formula that is based upon a continuous chemicalwood, excelsior wood, All occupations in the operation on
four-week cycle. In three of the four cordwood, or similar products when not any sawmill, lath mill, shingle mill, or
weeks, the participant is permitted to done in conjunction with and at the cooperage-stock mill shall mean all
work during school hours on only one same time and place as other logging work performed in or about any such
day per week, and for no more than for occupations declared hazardous by this mill in connection with storing of logs
eight hours on that day. During the section. and bolts; converting logs or bolts into
remaining week of the four-week cycle, (iv) Work in the feeding or care of sawn lumber, lathers, shingles, or
such minor is permitted to work during animals. cooperage stock; storing drying, and
school hours on no more than two days, (2) Exceptions applying to the shipping lumber, laths, shingles,
and for no more than for eight hours on operation of any permanent sawmill or cooperage stock, or other products of
each of those two days. The the operation of any lath mill, shingle such mills; and other work performed in
employment of such minors would still mill, or cooperage stock mill: Provided, connection with the operation of any
be subject to the time of day and That these exceptions do not apply to a sawmill, lath mill, shingle mill, or
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number of hours standards contained in portable sawmill the lumber yard of cooperage-stock mill. The term shall not
§§ 570.35(a)(2), (a)(3), (a)(4), and (a)(6). which is used only for the temporary include work performed in the planing-
To the extent that these provisions are storage of green lumber and in mill department or other
inconsistent with the provisions of connection with which no office or remanufacturing departments of any
§ 570.35, this section shall be repair or maintenance shop is ordinarily sawmill or remanufacturing plant not a
controlling. maintained: And further provided, That part of a sawmill.

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Inside or outside places of business sect or division as the youth refers to an means such as a moving belt or
shall mean the actual physical location individual who professes membership expulsion roller; and
of the establishment employing the in the same religious sect or division to (2) The following operations when
youth, including the buildings and which the youth professes membership. they do not involve the removal of
surrounding land necessary to the (c) Exemptions. (1) The provisions materials or refuse directly from a saw
business operations of that contained in paragraph (a)(2) of this table or point of operation: The carrying,
establishment. section that prohibit youth between 16 moving, or transporting of materials
Operate or assist in the operation of and 18 years of age from performing any from one machine to another or from
power-driven woodworking machines work that entails entering the sawmill one part of a plant to another; the piling,
shall mean operating such machines, building do not apply to the stacking, or arranging of materials for
including supervising or controlling the employment of a youth who is at least feeding into a machine by another
operation of such machines, feeding 14 years of age and less than 18 years person; and the sorting, tying, bundling,
material into such machines, helping of age and who by statute or judicial or loading of materials.
the operator feed material into such order is exempt from compulsory school Power-driven woodworking machines
machines, unloading materials from attendance beyond the eighth grade, if: shall mean all fixed or portable
such machines, and helping the (i) The youth is supervised by an machines or tools driven by power and
operator unload materials from such adult relative or by an adult member of used or designed for cutting, shaping,
machines. The term also includes the the same religious sect or division as the forming, surfacing, nailing, stapling,
occupations of setting-up, adjusting, youth; wire stitching, fastening or otherwise
repairing, oiling, or cleaning such (ii) The youth does not operate or assembling, pressing or printing wood,
machines. assist in the operation of power-driven veneer, trees, logs, or lumber.
Places of business where machinery is woodworking machines; * * * * *
used to process wood products shall (iii) The youth is protected from wood 8. In § 570.58, paragraphs (a)
mean such permanent workplaces as particles or other flying debris within introductory text, (a)(1), (a)(2), and (b)
sawmills, lath mills, shingle mills, the workplace by a barrier appropriate are proposed to be revised to read as
cooperage stock mills, furniture and to the potential hazard of such wood follows:
cabinet making shops, gazebo and shed particles or flying debris or by
making shops, toy manufacturing shops, maintaining a sufficient distance from § 570.58 Occupations involved in the
and pallet shops. The term shall not operation of power-driven hoisting
machinery in operation; and
include construction sites, portable apparatus (Order 7).
(iv) The youth is required to use, and
sawmills, areas where logging is being uses, personal protective equipment to (a) Findings and declaration of fact.
performed, or mining operations. prevent exposure to excessive levels of The following occupations involved in
Power-driven woodworking machines noise and saw dust. the operation of power-driven hoisting
shall mean all fixed or portable (2) Compliance with the provisions of apparatus are particularly hazardous for
machines or tools driven by power and paragraphs (c)(1)(iii) and (iv) of this minors between 16 and 18 years of age:
used or designed for cutting, shaping, section will be accomplished when the (1) Work of operating, tending, riding
forming, surfacing, nailing, stapling, employer is in compliance with the upon, working from, repairing,
wire stitching, fastening or otherwise requirements of the applicable servicing, or disassembling an elevator,
assembling, pressing, or printing wood, governing standards issued by the U.S. crane, derrick, hoist, or high-lift truck,
veneer, trees, logs, or lumber. Department of Labor’s Occupational except operating or riding inside an
Remanufacturing department shall Safety and Health Administration unattended automatic operation
mean those departments of a sawmill (OSHA) or, in those areas where OSHA passenger elevator.
where lumber products such as boxes, (2) Work of operating, tending, riding
has authorized the state to operate its
lawn furniture, and the like are upon, working from, repairing,
own Occupational Safety and Health
remanufactured from previously cut servicing, or disassembling a manlift or
Plan, the applicable standards issued by
lumber. The kind of work performed in freight elevator, except 16- and 17-year-
the Office charged with administering
such departments is similar to that done olds may ride upon a freight elevator
the State Occupational Safety and
in planning mill departments in that operated by an assigned operator.
Health Plan.
rough lumber is surfaced or made into 7. In § 570.55, paragraph (b) is * * * * *
other finished products. The term is not proposed to be revised to read as (b) Definitions. As used in this
intended to denote those operations in follows: section:
sawmills where rough lumber is cut to Crane shall mean a power-driven
dimensions. § 570.55 Occupations involved in the machine for lifting and lowering a load
Supervised by an adult relative or is operation of power-driven woodworking and moving it horizontally, in which the
supervised by an adult member of the machines (Order 5). hoisting mechanism is an integral part
same religious sect or division as the * * * * * of the machine. The term shall include
youth, as a term, has several (b) Definitions. As used in this all types of cranes, such as cantilever
components. Supervised refers to the section: gantry, crawler, gantry, hammerhead,
requirement that the youth’s on-the-job Off-bearing shall mean the removal of ingot pouring, jib, locomotive, motor-
activities be directed, monitored, and material or refuse directly from a saw truck, overhead traveling, pillar jib,
controlled by certain named adults. table or from the point of operation. pintle, portal, semi-gantry, semi-portal,
Such supervision must be close, direct, Operations not considered as off-bearing storage bridge, tower, walking jib, and
constant, and uninterrupted. An adult within the intent of this section include: wall cranes.
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shall mean an individual who is at least (1) The removal of material or refuse Derrick shall mean a power-driven
eighteen years of age. A relative shall from a circular saw or guillotine-action apparatus consisting of a mast or
mean the parent (or someone standing veneer clipper where the material or equivalent members held at the top by
in place of a parent), grandparent, refuse has been conveyed away from the guys or braces, with or without a boom,
sibling, uncle, or aunt of the young saw table or point of operation by a for use with a hoisting mechanism or
worker. A member of the same religious gravity chute or by some mechanical operating ropes. The term shall include

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all types of derricks, such as A-frame, 10. In § 570.61, the section heading processed for serving to customers using
breast, Chicago boom, gin-pole, guy, and and paragraphs (a)(4), (b), and (c)(1) are machines prohibited by paragraph (a) of
stiff-leg derrick. proposed to be revised to read as this section.
Elevator shall mean any power-driven follows: Rendering plants means
hoisting or lowering mechanism establishments engaged in the
§ 570.61 Occupations in the operation of
equipped with a car or platform which conversion of dead animals, animal
power-driven meat-processing machines
moves in guides in a substantially and occupations involving slaughtering, offal, animal fats, scrap meats, blood,
vertical direction. The term shall meat and poultry packing, processing, or and bones into stock feeds, tallow,
include both passenger and freight rendering (Order 10). inedible greases, fertilizer ingredients,
elevators (including portable elevators (a) * * * and similar products.
or tiering machines), but shall not (4) All occupations involved in the Slaughtering and meat packing
include dumbwaiters. operation or feeding of the following establishments means places in or about
High-lift truck shall mean a power- power-driven machines, including which such animals as cattle, calves,
driven industrial type of truck used for setting-up, adjusting, repairing, or oiling hogs, poultry, sheep, lambs, goats,
lateral transportation that is equipped such machines or the cleaning of such buffalo, deer, or horses are killed,
with a power-operated lifting device machines or the individual parts or butchered, or processed. The term also
usually in the form of a fork or platform attachments of such machines, includes establishments which
capable of tiering loaded pallets or skids regardless of the product being manufacture or process meat or poultry
one above the other. Instead of a fork or processed by these machines (including, products, including sausage or sausage
a platform, the lifting device may for example, the slicing in a retail casings from such animals.
consist of a ram, scoop, shovel, crane, delicatessen of meat, poultry, seafood, (c) * * *
revolving fork, or other attachments for bread, vegetables, or cheese, etc.): meat (1) The killing and processing of
handling specific loads. The term shall patty forming machines, meat and bone rabbits or small game in areas physically
mean and include highlift trucks known cutting saws, meat slicers, knives separated from the killing floor.
under such names as fork lifts, fork (except bacon-slicing machines), * * * * *
trucks, fork lift trucks, tiering trucks, headsplitters, and guillotine cutters; 11. In § 570.62, paragraph (a)(2) is
skid loaders, skid-steer loaders, Bobcat snoutpullers and jawpullers; skinning proposed to be revised, and a new
loaders, or stacking trucks, but shall not machines; horizontal rotary washing paragraph (b) is proposed to be added,
mean low-lift trucks or low-lift platform machines; casing-cleaning machines to read as follows:
trucks that are designed for the such as crushing, stripping, and
transportation of but not the tiering of finishing machines; grinding, mixing, § 570.62 Occupations involved in the
materials. operation of bakery machines (Order 11).
chopping, and hashing machines; and
Hoist shall mean a power-driven presses (except belly-rolling machines). (a) * * *
apparatus for raising or lowering a load * * * * * (2) The occupation of setting up or
by the application of a pulling force that (b) Definitions. As used in this adjusting a cookie or cracker machine.
does not include a car or platform section: (b) Exceptions. (1) This section shall
running in guides. The term shall Boning occupations means the not apply to the operation, including the
include all types of hoists, such as base removal of bones from meat cuts. It does setting up, adjusting, repairing, oiling
mounted electric, clevis suspension, not include work that involves cutting, and cleaning, of lightweight, small
hook suspension, monorail, overhead scraping, or trimming meat from cuts capacity, portable counter-top power-
electric, simple drum, and trolley containing bones. driven food mixers that are, or are
suspension hoists. Curing cellar includes a workroom or comparable to, models intended for
Manlift shall mean a device intended workplace which is primarily devoted household use. For purposes of this
for the conveyance of persons that to the preservation and flavoring of exemption, a lightweight, small capacity
consists of platforms or brackets meat, including poultry, by curing mixer is one that is not hardwired into
mounted on, or attached to, an endless materials. It does not include a the establishment’s power source, is
belt, cable, chain or similar method of workroom or workplace solely where equipped with a motor that operates at
suspension; with such belt, cable or meats are smoked. no more than 1⁄2 horsepower, and is
chain operating in a substantially Hide cellar includes a workroom or equipped with a bowl with a capacity of
vertical direction and being supported workplace where hides are graded, no more than five quarts.
by and driven through pulleys, sheaves trimmed, salted, and otherwise cured. (2) This section shall not apply to the
or sprockets at the top and bottom. The Killing floor includes a workroom, operation of pizza-dough rollers, a type
term shall also include truck- or workplace where such animals as cattle, of dough sheeter, that: have been
equipment-mounted aerial platforms calves, hogs, poultry, sheep, lambs, constructed with safeguards contained
commonly referred to as scissor lifts, goats, buffalo, deer, or horses are in the basic design so as to prevent
boom-type mobile elevating work immobilized, shackled, or killed, and fingers, hands, or clothing from being
platforms, work assist vehicles, cherry the carcasses are dressed prior to caught in the in-running point of the
pickers, basket hoists, and bucket chilling. rollers; have gears that are completely
trucks. Retail/wholesale or service enclosed; and have microswitches that
* * * * * establishments include establishments disengage the machinery if the backs or
9. In § 570.59, the section heading is where meat or meat products, including sides of the rollers are removed. This
poultry, are processed or handled, such exception applies only when all the
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proposed to be revised to read as


follows: as butcher shops, grocery stores, safeguards detailed in this paragraph are
restaurants and quick service food present on the machine, are operational,
§ 570.59 Occupations involved in the establishments, hotels, delicatessens, and have not been overridden. This
operation of power-driven metal forming, and meat locker (freezer-locker) exception does not apply to the setting
punching, and shearing machines (Order 8). companies, and establishments where up, adjusting, repairing, oiling or
* * * * * any food product is prepared or cleaning of such pizza-dough rollers.

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12. In § 570.63, the section heading the word ‘‘shall’’ or other mandatory compact refuse, including paper boxes,
and paragraphs (a)(2) and (b) are language) of these standards are adopted into a detachable or integral container or
proposed to be revised, and new as standards under this part. These into a transfer vehicle.
paragraphs (a)(3) and (a)(4) are proposed standards are incorporated by reference Paper products machine means all
to be added, to read as follows: as they exist on the date of the approval; power-driven machines used in (1)
if any changes are made in these remanufacturing or converting paper or
§ 570.63 Occupations involved in the standards which the Secretary finds to pulp into a finished product, including
operation of paper-products machines,
be as protective of the safety of minors preparing such materials for recycling;
balers, and compactors (HO 12).
as the current standards, the Secretary or (2) preparing such materials for
(a) * * * will publish a Notice of the change of disposal. The term applies to such
(2) The occupations of operation or standards in the Federal Register. These machines whether they are used in
assisting to operate any baler that is incorporations by reference were establishments that manufacture
designed or used to process materials approved by the Director of the Federal converted paper or pulp products, or in
other than paper. Register in accordance with 5 U.S.C.
(3) The occupations of operation or any other type of manufacturing or
552(a) and 1 CFR part 51. Copies of nonmanufacturing establishment. The
assisting to operate any compactor that
these standards are available for term also applies to those machines
is designed or used to process materials purchase from the American National
other than paper. which, in addition to paper products,
Standards Institute (ANSI), 23 West process other material for disposal.
(4) The occupations of setting up,
43rd St., Fourth Floor, New York, NY Scrap paper baler means a powered
adjusting, repairing, oiling, or cleaning
10036. In addition, these standards are machine used to compress paper and
any of the machines listed in paragraphs
available for inspection at the National possibly other solid waste, with or
(a)(1), (2), and (3) of this section.
Archives and Records Administration without binding, to a density or form
(b) Definitions. As used in this
(NARA) and at the Occupational Safety that will support handling and
section:
Applicable ANSI Standard means the and Health Administration’s Docket transportation as a material unit without
American National Standard Institute’s Office, Room N–2625, U.S. Department requiring a disposable or reusable
of Labor, 200 Constitution Avenue, container.
Standard ANSI Z245.5–1990
NW., Washington, DC 20210, or any of * * * * *
(‘‘American National Standard for
its regional offices. For information on 13. In § 570.65, the section heading
Refuse Collection, Processing, and
the availability of this material at and paragraphs (a)(2) and (b) are
Disposal—Baling Equipment—Safety
NARA, call 202–741–6030, or go to: proposed to be revised, and a new
Requirements’’) for scrap paper balers or
http://www.archives.gov/ paragraph (a)(3) is proposed to be
the American National Standard
federal_register/ added, to read as follows:
Institute’s Standard ANSI Z245.2–1992
code_of_federal_regulations/
(‘‘American National Standard for
ibr_locations.html. § 570.65 Occupations involving the
Refuse Collection, Processing, and Baler that is designed or used to operation of circular saws, band saws,
Disposal Equipment—Stationary process materials other than paper guillotine shears, chain saws, reciprocating
Compactors—Safety Requirements’’) for means a powered machine designed or saws, and wood chippers (Order 14).
paper box compactors. Additional used to compress materials other than (a) * * *
applicable standards are the American paper and cardboard boxes, with or (2) The occupations of operator of or
National Standard Institute’s Standard without binding, to a density or form helper on the following power-driven
ANSI Z245.5–1997 (‘‘American National that will support handling and fixed or portable machines:
Standard for Equipment Technology transportation as a material unit without (i) Chain saws.
and Operations for Wastes and requiring a disposable or reusable (ii) Wood chippers.
Recyclable Materials—Baling container. (iii) Reciprocating saws.
Equipment—Safety Requirements’’) for Compactor that is designed or used to (3) The occupations of setting-up,
scrap paper balers or the American process materials other than paper adjusting, repairing, oiling, or cleaning
National Standard Institute’s Standard means a powered machine that remains circular saws, band saws, guillotine
ANSI Z245.2–1997 (‘‘American National stationary during operation, designed or shears, chain saws, wood chippers, and
Standard for Equipment Technology used to compact refuse other than paper reciprocating saws.
and Operations for Wastes and or cardboard boxes into a detachable or (b) Definitions. As used in this
Recyclable Materials—Stationary integral container or into a transfer section:
Compactors—Safety Requirements’’) for vehicle. Band saw shall mean a machine
paper box compactors, which the Operating or assisting to operate equipped with an endless steel band
Secretary has certified to be at least as means all work that involves starting or having a continuous series of notches or
protective of the safety of minors as stopping a machine covered by this teeth, running over wheels or pulleys,
Standard ANSI Z245.5–1990 for scrap section, placing materials into or and used for sawing materials.
paper balers or ANSI Z245.2–1992 for removing materials from a machine, Chain saw shall mean a machine that
paper box compactors. The ANSI including clearing a machine of jammed has teeth linked together to form an
standards for scrap paper balers and materials, paper, or cardboard, or any endless chain used for cutting materials.
paper box compactors govern the other work directly involved in Circular saw shall mean a machine
manufacture and modification of the operating the machine. The term does equipped with a thin steel disc having
equipment, the operation and not include the stacking of materials by a continuous series of notches or teeth
maintenance of the equipment, and an employee in an area nearby or on the periphery, mounted on shafting,
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employee training. These ANSI adjacent to the machine where such and used for sawing materials.
standards are incorporated by reference employee does not place the materials Guillotine shear shall mean a machine
in this paragraph and have the same into the machine. equipped with a moveable blade
force and effect as other standards in Paper box compactor means a operated vertically and used to shear
this part. Only the mandatory powered machine that remains materials. The term shall not include
provisions (i.e., provisions containing stationary during operation, used to other types of shearing machines, using

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a different form of shearing action, such exclusion of certain employers by well-being for minors 16 and 17 years of
as alligator shears or circular shears. section 3(d)4 of the Act applies to the age. Hazardous occupations orders are
Helper shall mean a person who child labor provisions as well as the the means through which occupations
assists in the operation of a machine wage and hours provisions. are declared to be particularly
covered by this section by helping place 16. Sections 570.118 through 570.120 hazardous for minors. Since 1995, the
materials into or remove them from the are proposed to be revised to read as promulgation and amending of the
machine. follows: hazardous occupations orders has been
Operator shall mean a person who placed solely within the purview of the
§ 570.118 Sixteen-year minimum.
operates a machine covered by this Administrative Procedure Act (APA), 5
section by performing such functions as The Act sets a 16-year-age minimum U.S.C. 551 et seq. The effect of these
starting or stopping the machine, for employment in manufacturing or orders is to raise the minimum age for
placing materials into or removing them mining occupations, though under employment to 18 years in the
from the machine, or any other FLSA section 13(c)(7), certain youth
occupations covered. Seventeen orders,
functions directly involved in operation between the ages of 14 and 18 may,
published in subpart E of this part, have
of the machine. under specific conditions, be employed
thus far been issued under the FLSA
Reciprocating saw shall mean a inside and outside of places of business
and are now in effect.
machine equipped with a moving blade that use power-driven machinery to 17. In § 570.122, it is proposed to add
that alternately changes direction on a process wood products. Furthermore, new paragraphs (e), (f), (g), and (h) that
linear cutting axis used for sawing the 16-year-age minimum for are proposed to read as follows:
materials. employment is applicable to
Wood chipper shall mean a machine employment in all other occupations § 570.122 General.
equipped with a feed mechanism, unless otherwise provided by regulation * * * * *
knives mounted on a rotating chipper or order issued by the Secretary. (e) Employment of homeworkers
disc or drum, and a power plant used § 570.119 Fourteen-year minimum.
engaged in the making of evergreen
to reduce to chips or shred such wreaths, including the harvesting of the
With respect to employment in
materials as tree branches, trunk evergreens or other forest products used
occupations other than manufacturing
segments, landscape waste, and other in making such wreaths.
and mining and in accordance with the (f) Employment of 16- and 17-year-
materials. provisions of FLSA section 13(c)(7), the
* * * * * olds to load, but not operate or unload,
Secretary is authorized to issue certain scrap paper balers and paper box
regulations or orders lowering the age compactors under specified conditions.
Subpart G—General Statements of minimum to 14 years where he or she
Interpretation of the Child Labor (g) Employment of 17-year-olds to
finds that such employment is confined perform limited driving of cars and
Provisions of the Fair Labor Standards to periods that will not interfere with
Act of 1938, as Amended trucks during daylight hours under
the minors’ schooling and to conditions specified conditions.
14. The authority citation for subpart that will not interfere with their health (h) Employment of youths between
G continues to read as follows: and well-being. Pursuant to this the ages of 14 and 18 years who, by
authority, the Secretary has detailed in statute or judicial order, are excused
Authority: 52 Stat. 1060–1069 as amended;
§ 570.33 the most commonly asked from compulsory school attendance
29 U.S.C. 201–219.
about occupations in which the beyond the eighth grade, under
15. In § 570.103, paragraph (c) is employment of 14- and 15-year-olds is specified conditions, in places of
proposed to be revised to read as not permitted and in § 570.34 those business that use power-driven
follows: occupations in which 14- and 15-year- machinery to process wood products.
§ 570.103 Comparison with wage and hour
olds may be employed when the work 18. It is proposed to remove the center
provisions. is performed outside school hours and heading ‘‘Enforcement’’ and revise
is confined to other specified limits. The § 570.127 to read as follows:
* * * * * Secretary has also set forth, in § 570.35,
(c) Another distinction is that the
additional conditions that limit the § 570.127 Homeworkers engaged in the
exemptions provided by the Act from making of evergreen wreaths.
periods during which 14- and 15-year-
the minimum wage and/or overtime FLSA section 13(d) provides an
olds may be employed. The
provisions are more numerous and employment of minors under 14 years of exemption from the child labor
differ from the exemptions granted from age is not permissible under any provisions, as well as the minimum
the child labor provisions. There are circumstances if the employment is wage and overtime provisions, for
only eight specific child labor covered by the child labor provisions homeworkers engaged in the making of
exemptions of which only two apply to and not specifically exempt. wreaths composed principally of natural
the minimum wage and overtime pay holly, pine, cedar, or other evergreens
requirements as well. These are the § 570.120 Eighteen-year minimum.
(including the harvesting of the
exemptions for employees engaged in To protect young workers from evergreens or other forest products used
the delivery of newspapers to the hazardous employment, the FLSA in making such wreaths).
consumer and homeworkers engaged in provides for a minimum age of 18 years
the making of wreaths composed in occupations found and declared by § 570.128 [Redesignated as § 570.141]
principally of evergreens.3 With these the Secretary to be particularly 19. Section 570.128 is proposed to be
two exceptions, none of the specific hazardous or detrimental to health or redesignated as § 570.141 and a new
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exemptions from the minimum wage § 570.128 is proposed to be added to


and/or overtime pay requirements 4 Section 3(d) defines ‘employer’ as including
read as follows:
applies to the child labor provisions. ‘‘any person acting directly or indirectly in the
interest of an employer in relation to an employee § 570.128 Loading of certain scrap paper
However, it should be noted that the and includes a public agency, but does not include balers and paper box compactors.
any labor organization (other than when acting as
3 Both of these exemptions are contained in an employer) or anyone acting in the capacity of Section 13(c)(5) of the FLSA provides
section 13(d) of the FLSA. officer or agent of such labor organization.’’ for an exemption from the child labor

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provisions for the employment of 16- violations at the time of his or her hire. sections 12(a) or 12(c) unlawful. Any
and 17-year-olds to load, but not operate The exemption also prohibits the minor such unlawful act or practice may be
or unload, certain power-driven scrap from performing any driving involving enjoined by the United States District
paper balers and paper box compactors the towing of vehicles; route deliveries Courts under section 17 upon court
under certain conditions. The or route sales; the transportation for hire action, filed by the Secretary pursuant
provisions of this exemption, which are of property, goods, or passengers; to section 12(b) and, if willful will
contained in HO 12 (§ 570.63), include urgent, time-sensitive deliveries; or the subject the offender to the criminal
that the scrap paper baler or compactor transporting of more than three penalties provided in section 16(a) of
meet an applicable standard established passengers at any one time. The the Act. Section 16(a) provides that any
by the ANSI identified in the statute, or exemption also places limitations on the person who willfully violates any of the
a more recent ANSI standard that the number of trips the 17-year-old may provisions of section 15 shall upon
Secretary of Labor has found and make each day and restricts the driving conviction thereof be subject to a fine of
declared to be as protective of the safety to a thirty mile radius of the minor’s
of young workers as the ANSI standard not more than $10,000, or to
place of employment.
named in the statute. In addition, the 21. It is proposed that a new § 570.130 imprisonment for not more than six
scrap paper baler or paper box be added to read as follows: months, or both. No person shall be
compactor must include an on-off imprisoned under this subsection
switch incorporating a key-lock or other § 570.130 Employment of certain youth except for an offense committed after
inside and outside of places of business the conviction of such person for a prior
system and the control of the system that use power-driven machinery to process
must be maintained in the custody of offense under this subsection.
wood products.
employees who are at least 18 years of Section 13(c)(7) of the FLSA provides (b) In addition, FLSA section 16(e)
age. The on-off switch of the scrap paper a limit exemption from the child labor states that any person who violates the
baler or paper box compactor must be provisions for certain youths between provisions of FLSA section 12, relating
maintained in an off position when the the ages of 14 and 18 years who, by to child labor, or any regulations issued
machine is not in operation. statute or judicial order, are excused under that section, shall be subject to a
Furthermore, the employer must also from compulsory school attendance civil penalty, currently not to exceed
post a notice on the scrap paper baler or beyond the eighth grade, that permits $11,000 for each employee who was the
paper box compactor that conveys their employment inside and outside of subject of such a violation. Part 579 of
certain information, including the places of business that use power-driven this chapter, Child Labor Violations—
identification of the applicable ANSI machinery to process wood products. Civil Money Penalties, provides for the
standard that the equipment meets, that The provisions of this exemption are issuance of the notice of civil money
16- and 17-year-old employees may only contained in subpart C of this part
load the scrap paper baler or paper box penalties for any violation of FLSA
(§ 570.34(m)) and HO 4 (§ 570.54). section 12 relating to child labor. Part
compactor, and that no employee under Although the exemption allows certain
the age of 18 may operate or unload the 580 of this chapter, Civil Money
youths between the ages of 14 and 18 Penalties—Procedures for Assessing and
scrap paper baler or paper box years to be employed inside and outside
compactor. Contesting Penalties, describes the
of places of business that use power- administrative process for assessment
§ 570.129 [Redesignated as § 570.142] driven machines to process wood and resolution of the civil money
20. Section 570.129 is proposed to be products, it does so only if such youths penalties. When a civil money penalty
redesignated as § 570.142 and a new do not operate or assist in the operation
is assessed against an employer for a
§ 570.129 is proposed to be added to of power-driven woodworking
youth employment violation, the
read as follows: machines. The exemption also requires
employer has the right, within 15 days
that the youth be supervised by an adult
§ 570.129 Limited driving of automobiles relative or by an adult member of the after receipt of the notice of such
and trucks by 17-year-olds. same religious sect as the youth. The penalty, to file an exception to the
Section 13(c)(6) of the FLSA provides youth must also be protected from wood determination that the violation or
an exemption for 17-year-olds, but not particles or other flying debris within violations occurred. When such an
16-year-olds, who, as part of their the workplace by a barrier appropriate exception is filed with the office making
employment, perform the occasional to the potential hazard of such wood the assessment, the matter is referred to
and incidental driving of automobiles particles or flying debris or by the Chief Administrative Law Judge,
and trucks on public highways under maintaining a sufficient distance from and a formal hearing is scheduled. At
specified conditions. These specific machinery in operation. For the such a hearing, the employer or an
conditions, which are contained in HO exemption to apply, the youth must also attorney retained by the employer may
2 (§ 570.52), include that the automobile be required to use personal protective present such witnesses, introduce such
or truck may not exceed 6,000 pounds equipment to prevent exposure to evidence and establish such facts as the
gross vehicle weight, the driving must excessive levels of noise and sawdust. employer believes will support the
be restricted to daylight hours, the 22. It is proposed that new §§ 570.131 exception. The determination of the
vehicle must be equipped with a seat through 570.139 be added and reserved. amount of any civil money penalty
belt or similar restraining device for the becomes final if no exception is taken to
driver and for any passengers, and the §§ 570.131 through 570.139 (Reserved).
23. It is proposed that a center the administrative assessment thereof,
employer must instruct the employee or if no exception is filed to the decision
that such belts or other devices must be heading and new § 570.140 be added to
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read as follows: and order of the administrative law


used. In addition, the 17-year-old must
judge.
hold a State license valid for the type of Enforcement
driving involved in the job, have [FR Doc. E7–7053 Filed 4–16–07; 8:45 am]
successfully completed a State- § 570.140 General. BILLING CODE 4510–27–P
approved driver education course, and (a) Section 15(a)(4) of the Act makes
have no records of any moving any violation of the provisions of

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