Employment Standards Administration
Wage and Hour Division
WH-1330
Rev. August 1990
Child Labor Bulletin No. 101
(Child Labor Bulletin No.
102 deals with employment of minors in agriculture.)
This booklet is a
guide to the provisions of the Fair Labor Standards Act (also known as the
Wage-Hour law) which apply to minors employed in nonagricultural occupations. In addition to child labor provisions, the
Act also contains provisions on minimum wage, overtime, and recordkeeping.
Other Child Labor Laws
Other Federal and
State laws may have higher standards.
When these apply, the more stringent standard must be observed. All states have child labor laws and
compulsory school attendance laws.
Note to
Employers: Unless otherwise exempt, a
covered minor employee must be paid according to the statutory minimum wage and
overtime provisions of the Act.
Coverage of the Child Labor
Provisions
Who is Covered?
All employees of
certain enterprises having workers engaged in interstate commerce, producing
goods for interstate commerce, or handling, selling, or otherwise working on
goods or materials that have been moved in or produced for such commerce by any
person are covered by FLSA.
A covered enterprise
is the related activities through unified operation or common control by any
person or persons for a common business purpose and -
(1) whose annual gross
volume of sales made or business done is not less than $500,000 (exclusive of
excise taxes at the retail level that are separately stated); or
(2) is engaged in the
operation of a hospital, an institution primarily engaged in the care of those
who are physically or mentally ill or disabled or aged, or who reside on the
premises, a school for children who are mentally or physically disabled or
gifted, a preschool, an elementary or secondary school, or an institution of
higher education (whether operated for profit or not for profit): or
(3) is an activity of a
public agency.
Construction and
laundry/dry cleaning enterprises, which were previously covered regardless of
their annual dollar volume of business, are now subject to the $500,000 test.
Any enterprise that
was covered by FLSA on
Employees of firms
which are not covered enterprises under FLSA may still be subject to its
minimum wage, overtime pay, and child labor provisions
if they are individually engaged in interstate commerce or in the production of
goods for interstate commerce or in the production of goods for interstate
commerce. Such employees include those
who work in communications or transportation; regularly use the mails , telephones,
or telegraph for interstate communication, or keep records of interstate
transactions; handle, ship, or receive goods moving in interstate commerce;
regularly cross State lines in the course of employment; or work for
independent employers who contract to do clerical, custodial, maintenance, or
other work for firms engaged in interstate commerce or in the production of
goods for interstate commerce.
Domestic
service day workers, housekeepers. chauffeurs, cooks, or full-time baby
sitters are covered if they (1) receive at $50 in cash wages in a calendar
quarter from their employers, or (2) work a total of more than 8 hours a week
for one or more employers.
In or About an
Establishment Producing Goods for Commerce
Producers,
manufacturers, or dealers are prohibited from shipping or delivering for
shipment in interstate commerce any goods produced in an establishment in or
about which oppressive child labor has been employed within 30 days prior to
the removal of the goods. It is not
necessary for the employees to be working on the goods that are removed for
shipment in order to be covered.
Minimum Age Standards for Nonagricultural Employment
Oppressive Child
Labor Is Defined as Employment of Children Under the
Legal Minimum Ages
14 Minimum
age for employment in specified occupations outside school hours for limited
periods of time each day and each week.
16 BASIC
MINIMUM AGE FOR EMPLOYMENT. At 16 years
of age youths may be employed in occupation, other than a nonagricultural
occupation declared hazardous by the Secretary of Labor.
18 Minimum
age for employment in agricultural occupations declared hazardous by the
Secretary of Labor.
• No
minimum age for employment which is exempt from the child labor provisions of
the Act.
• No
minimum age for employment with respect to any employee whose services during
the workweek are performed in a workplace within a foreign country or within
territory as limited by section 13(f) of the Act.
Exemptions From the Child Labor Provisions of the Act
The Child Labor
Provisions Do Not Apply To:
• Children
under 16 years of age employed by their parents in occupations other than
manufacturing or mining, or occupations declared hazardous by the Secretary of
Labor
• Children
employed as actors or performs in motion pictures, theatrical, radio, or
television productions.
• Children
engaged in the delivery of newspapers to the consumer.
• Homemakers
engaged in the making of wreaths composed principally of natural holly, pine,
cedar, or other evergreens (including the harvesting of the evergreens).
Employment Standards for 14 and 15-Year-Olds
(These standards are
published in Subpart C of Part 570 of Title 29 of the Code of Federal
Regulations, Child Labor Regulation No. 3)
Employment of 14 and
15-year-old minors is limited to certain occupations under conditions which do
not interfere with their schooling, health, or well-being.
Hours-Time
Standards
14 AND 15-YEAR-OLD
MINORS MAY NOT BE EMPLOYED:
1. DURING
SCHOOL HOURS, except as provided for in Work Experience and Career
Exploration Programs.
3. MORE
THAN 3 HOURS A DAY - on school days.
4. MORE
THAN 18 HOURS A WEEK- in school weeks.
5. MORE THAN 8 HOURS A DAY- on nonschool days.
6. MORE THAN 40 HOURS A WEEK- in nonschool weeks.
Permitted
Occupations for 14 and 15-Year-Old Minors In Retail,
Food Service and Gasoline Service Establishments
14 AND 15-YEAR-OLD
MINORS MAY BE EMPLOYED IN:
1. OFFICE and CLERICAL WORK (including
operation of office machines).
2. CASHIERING
SELLING, MODELING, ARTWORK, WORK IN ADVERTISING DEPARTMENTS, WINDOW TRIMMING
and COMPARATIVE SHOPPING.
3. PRICE
MARKING and TAGGING by hand or by machine, ASSEMBLING ORDERS, PACKING and
SHELVING.
4. BAGGING and CARRYING OUT CUSTOMERS'
ORDERS.
5. ERRAND and DELIVERY WORK by foot,
bicycle, and public transportation.
6. CLEANUP
WORK, including the use of vacuum cleaners and floor waxers,
and MAINTENANCE of GROUNDS, but not including the use of power-driven mowers or
cutters.
7. KITCHEN
WORK and other work involved in preparing and serving food and beverages,
including the operation of machines and devices used in the performance of such
work such as, but not limited to, dishwashers, toasters, dumbwaiters, popcorn
poppers, milk shake blenders, and coffee grinders.
8. WORK
IN CONNECTION WITH CARS and TRUCKS if confined to the following:
Dispensing gasoline and oil.
Courtesy service on premises of gasoline service station.
Car cleaning, washing, and polishing.
Other occupations permitted by this section.
BUT NOT INCLUDING WORK:
Involving the use of pits, racks or lifting apparatus or involving the
inflation of any tire mounted on a rim equipped with a removable retaining
ring.
9. CLEANING
VEGETABLES and FRUITS, and WRAPPING.
SEALING, LABELING, WEIGHING, PRICING, and STOCKING GOODS when performed
in areas physically separate from areas where meat is prepared for sale and
outside freezers or meat coolers.
In Any Other Place
of Employment
14 AND 15-YEAR-OLD
MINORS MAY BE EMPLOYED IN any occupation EXCEPT the excluded occupations
listed below.
14 AND 15-YEAR OLD
MINORS MAY NOT BE EMPLOYED IN:
1. Any
MANUFACTURING occupation.
2. Any
MINING occupation.
3. PROCESSING
occupations such as filleting of fish, dressing poultry, cracking nuts, or
laundering as performed by commercial laundries and dry cleaning (except
in a retail, food service, or gasoline service establishment in those specific
occupations expressly permitted there in accordance with the foregoing list).
4. Occupations
requiring the performance of any duties in WORKROOMS or WORKPLACES WHERE GOODS
ARE MANUFACTURED, MINED, OR OTHER WISE PROCESSED (except to the extent
expressly permitted in retail, food service, or gasoline service establishments
in accordance with the foregoing list).
5. PUBLIC
MESSENGER SERVICE.
6. OPERATION
OR TENDING OF HOISTING APPARATUS or of ANY POWER-DRIVEN MACHINERY) other than
office machines and machines in retail, food service, and gasoline service
establishments which are specified in the foregoing list as machines which such
minors may operate in such establishments).
7. ANY
OCCUPATIONS FOUND AND DECLARED TO BE HAZARDOUS.
8. OCCUPATIONS
IN CONNECTION WITH:
a. TRANSPORTATION
of persons or property by rail, highway, air, on water, pipeline, or other means.
b. WAREHOUSING
and STORAGE.
c. COMMUNICATIONS
and PUBLIC UTILITIES.
d. CONSTRUCTION
(including repair).
Except Office or Sales Work in connection with
a., b., c., and d. when not performed on transportation media or at the actual
construction site.
9. ANY
OF THE FOLLOWING OCCUPATIONS IN A RETAIL, FOOD SERVICE, OR GASOLINE SERVICE
ESTABLISHMENT:
a. WORK
performed IN or ABOUT BOILER or ENGINE ROOMS.
b. Work in
connection with MAINTENANCE or REPAIR OF THE ESTABLISHMENT, MACHINES or
EQUIPMENT.
c. OUTSIDE
WINDOW WASHING that involves working from window sills, and all work requiring
the use of LADDERS, SCAFFOLDS. or their substitutes.
d. COOKING
(except at soda fountains, lunch counters, snack bars, or cafeteria
serving counters) and BAKING.
e. Occupations
which involve OPERATING, SETTING UP ADJUSTING, CLEANING. OILING, or REPAIRING,
power-driven FOOD SLICERS and GRINDERS, FOOD CHOPPERS and CUTTERS, and
BAKERY-TYPE MIXERS.
f. Work
in FREEZERS and MEAT COOLERS and all work in PREPARATION OF MEATS for sale
(except wrapping, sealing, labeling, weighing, pricing, and stocking when
performed in other areas).
g. LOADING
and UNLOADING GOODS to and from trucks, railroad cars, or conveyors.
h. All
occupations in WAREHOUSES except office and clerical work.
Exceptions
WORK EXPERIENCE AND
CAREER EXPLORATION PROGRAMS (WECEP)
Some of the provisions
of Child Labor Regulation No. 3 are varied for 14 and 15-year-olds in approved
school- supervised and school-administered Work Experience and Career
Exploration Programs (WECEP). Enrollees
in WECEP may be employed:
• During
school hours.
• For
as many as 3 hours on a school day.
• For
as many as 23 hours in a school week.
• In
occupations otherwise prohibited for which a variation has granted by the
Administrator of the Wage and Hour Division.
The State Educational
Agency must obtain approval from the Administrator of the Wage and Hour
Division before operating a WECEP program.
Hazardous Occupations Orders in Nonagricultural Occupations
(These orders are
published in Subpart E of Part 570 of Title 29 Of the
Code of Federal Regulations.)
Hazardous
Occupations Orders
The Fair Labor
Standards Act provides a minimum age of 18 years for any nonagricultural
occupations all which the Secretary of Labor "shall find and by order
declare" to be particularly hazardous for 16 and 17-year-old persons, or
detrimental to their health and well-being.
This minimum age applies even when the minor is employed by the parent
or person standing in place of the parent.
The 17 hazardous
occupations orders now in effect apply either on an industry basis, specifying
the occupations in the industry that are not covered, or on an occupational
basis irrespective of the industry in which found
The Orders In
Effect Deal With:
1. Manufacturing and storing
explosives. Click here to link to No. 1
2. Motor-vehicle driving and outside
helper. Click here to link to No. 2
3. Coal mining. Click here to link to
No. 3
4. Logging and sawmilling. Click here
to link to No. 4
5. Power-driven woodworking machines.
Click here to link to No. 5
6. Exposure to radioactive substances.
Click here to link to No. 6
7. Power-driven
hoisting apparatus. Click here to link to No. 7
8. Power-driven
metal-forming, punching, and shearing machines. Click here to link to No. 8
9. Mining, other than coal mining.
Click here to link to No. 9
10. Slaughtering, or meat-packing, processing, or rendering.
Click here to link to No. 10
11. Power-driven
bakery machines. Click here to link to No. 11
12. Power-driven paper-products machines.
Click here to link to No. 12
13. Manufacturing brick, tile, and
kindred products. Click here to link to No. 13
14. Power-driven circular saws, band
saws. and guillotine shears. Click here to link to No.
14
15. Wrecking, demolition. and ship-breaking operations. Click here to link to No. 15
16. Roofing operations. Click here to
link to No. 16
17. Excavation operations. Click here to
link to No. 17
The following occupations
in or about plants or establishments manufacturing or storing explosives or
articles containing explosive components are prohibited:
1. All
occupations in or about any plant or establishment (other than retail
establishments or plants or establishments of the type described in
subparagraph 2. of this paragraph) manufacturing or storing explosives or
articles containing explosive components except where the occupation is
performed in a "non-explosives area” as defined in subparagraph 3. of this section.
2. The
following occupations in or about any plant or establishment manufacturing or
storing small arms ammunition not exceeding .60 caliber in size, shotgun
shells, or blasting caps when manufactured or stored in conjunction with the
manufacture of small-arms ammunition:
a. All
occupations involved in the manufacturing, mixing, transporting, or handling of
explosive compounds in the manufacture of small-arms ammunition and all other
occupations requiring the performance of any duties in the explosives area in
which explosive compounds are manufactured or mixed.
b. All
occupations involved in the manufacturing, transporting, or handling of primers
and all other occupations requiring the performance of any duties in the same
building in which primers are manufactured.
c. All
occupations involved in the priming of cartridges and all other occupations
requiring the performance of any duties in the same workroom in which rim-fire
cartridges are primed.
d. All occupations
involved in the plate loading of cartridges and in the operation of automatic
loading machines.
e. All
occupations involved in the loading, inspecting, packing, shipping. and storage of blasting caps.
Definitions
1. The
term “plant or establishment manufacturing or storing explosives or articles
containing explosive components" means the land with all the buildings and
other structures thereon used in connection with the manufacturing or
processing or storing of explosives or articles containing explosive
components.
2. The
terms "explosives" and "articles containing explosive
components" mean and include ammunition, black powder, blasting caps,
fireworks, high explosives, primers, smokeless powder, and all goods classified
and defined as explosives by the Interstate Commerce Commission in regulations
for the transportation of explosives and other dangerous substances by common
carriers (49 CFR Parts 71-78) issued pursuant to the Act of June 25, 1948 (62
Stat. 739; 18 U.S.C. 835)
3. An
area meeting all of the following criteria shall be deemed a “non-explosives
area":
a. None of
the work performed in the area involves the handling or use of explosives;
b. The
area is separated from the explosives area by a distance not less than that
prescribed in the American Table of Distances for the protection of inhabited
buildings;
c. The
area is separated from the explosives area by a fence or is otherwise located
so that it constitutes a definite designated area; and
d. Satisfactory
controls have been established to prevent employees under 18 years of age
within the area from entering any area in or about the plant which does not
meet criteria a. through c.
The occupations of
motor-vehicle driver and outside helper on any public road, highway, in or
about any mine (including open pit mine or quarry), place where logging or
sawmill operations are in progress, or in any excavation of the type identified
in 29 CFR 570.68(a) are prohibited for minors between 16 and 18 years of age
except as provided in the following exemptions:
Exemptions
1. Incidental
and occasional driving. The finding and
declaration in this Order shall not apply to the operation of automobiles or
trucks not exceeding 6.000 pounds gross vehicle weight if such driving is
restricted to daylight hours; provided, such operation is only occasional and
incidental to the child's employment; that the child holds a State license
valid for the type of driving involved in the job performed and has completed a
State approved driver education course; and provided further, that the vehicle
is equipped with a seat belt or similar device for the driver and for each
helper, and the employer has instructed each child that such belts or other
devices must be used. This exemption
shall not be applicable to any occupation of motor vehicle driver which
involves the towing of vehicles.
2. School
bus driving. The finding and declaration
in this Order shall not apply to driving a school bus during the period of any
exemption which has been granted in the discretion of the Secretary of Labor on
the basis of an application filed and approved by the Governor of the State in
which the vehicle is registered. The
Secretary will notify any State which inquires of the information to be
furnished in the application. Neither
shall the finding and declaration in this Order apply in a particular State
during a period not to exceed 40 days while application for such exemption is
being formulated by such State seeking merely to continue in effect unchanged
its current program using such drivers, nor while such application is pending
action by the Secretary.
Definitions
1. The
term "motor vehicle" shall mean any automobile, truck, truck-tractor,
trailer, semitrailer, motorcycle, or similar vehicle
propelled or drawn by mechanical power and designed for use as a means of
transportation but shall not include any vehicle operated exclusively on rails.
2. The
term "driver" shall mean any individual who, in the course of
employment, drives a motor vehicle at any time.
3. The
term "outside helper" shall mean any individual, other than a driver,
whose work includes riding on a motor vehicle outside the cab for the purpose
of assisting in transporting or delivering goods.
4. The
term "gross vehicle weight" includes the truck chassis with
lubricants, water, and full tank or tanks of fuel, plus the weight of the cab
or driver's compartment, body, and special chassis and body equipment, and
payload.
All occupations in or about any coal mine are prohibited except
the occupations of slate or other refuse picking at a picking table or picking
chute In a tipple or breaker and occupations requiring the performance of
duties solely in offices or in repair or maintenance shops located in the
surface part of any coal-mining plant.
Definitions
1. The
term "coal" shall mean any rank of coal, including lignite,
bituminous. and anthracite coals.
2. The
term,"all occupations in or about any coal mine”
shall mean all types of work performed in any underground working, open pit, or
surface part of any coal mining plant that contributes to the extraction;
grading, cleaning, or other handling of coal.
All occupations in logging
and all occupations in the operation of any sawmill, lath mill, shingle mill,
or cooperage-stock mill are prohibited except the following:
1. Exceptions
applying to logging:
a. Work in offices
or in repair of maintenance shops.
b. Work in the
construction, operation, repair, or maintenance of living and administrative
quarters of logging camps.
c. Work in timber
cruising, surveying, or logging-engineering parties; work in the repair or
maintenance of roads, railroads, or flumes; work in forest protection. such as
clearing fire trails or roads, piling and burning slash, maintaining
fire-fighting equipment, constructing and maintaining telephone lines, or
acting as fire lookout or fire patrolman away from the actual logging
operations: Provided, that the provisions of this paragraph shall not
apply to the felling or bucking of timber, the collecting or transporting of
logs, the operation of power-driven machinery, the handling or use of
explosives, and work on trestles.
d. Peeling of fence
posts, pulpwood, chemical wood, excelsior wood. cordwood,
or similar products, when not done in conjunction with and at the same time and
place as other logging occupations declared hazardous by this section.
e. Work in the
feeding or care animals.
2. Exceptions
applying to the operation of any permanent sawmill or the operation of any lath
mill, shingle mill, or cooperage-stock mill; Provided, that these
exceptions do not apply to a portable sawmill the lumber yard of which is used
only for the temporary storage of green lumber and in connection with which no
office or repair or maintenance shop is ordinarily maintained: and Further
provided that these exceptions do not apply to work which entails entering
the sawmill building:
a. Work
in offices or in repair or maintenance shops.
b. Straightening,
marking, or tallying lumber on the dry chain or the dry drop sorter.
c. Pulling
lumber from the dry chain.
d. Cleanup
in the lumberyard.
e. Piling,
handling, or shipping of cooperage stock in yards or storage sheds, other than
operating or assisting in the operation of power-driven equipment.
f. Clerical
work in yards or shipping sheds, such as done by ordermen,
tallymen, and shipping clerks.
g. Cleanup
work outside shake and shingle mills, except when the mill is in operation.
h. Splitting
shakes manually from pre-cut and split blocks with a froe and mallet, except
inside the mill building or cover.
i. Packing
shakes into bundles when done in conjunction with splitting shakes manually
with a froe and mallet, except inside the mill building or cover.
j. Manual
loading of bundles of shingles or shakes into trucks or railroad cars, provided
that the employer has on file a statement from a licensed doctor of medicine or
osteopathy certifying the minor capable of performing this work without injury
to himself.
Definitions
1. The
term “all occupations in logging” shall mean all work performed in connection
with the felling of timber; the bucking or converting of timber into logs,
poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood,
fence posts, or similar products; the collecting, skidding, yarding,
loading, transporting, and unloading of such products in connection with
logging; the constructing, repairing, and maintaining roads, railroads, flumes,
or camps used in connection with logging; the moving, installing, rigging, and
maintenance of machinery or equipment used in logging; and other work performed
in connection with logging. The term
shall not apply to work performed in timber culture, timber-stand improvement,
or in emergency fire-fighting.
2. The
term "all occupations in the operation of any sawmill, lath mill, shingle
mill, or cooperage-stock mill" shall mean all work performed in or about
any such mill in connection with storing of logs and bolts; converting logs or
bolts in sawn lumber, laths, shingles, or cooperage stock, or other products of
such mills; and other work performed in connection with the operation of any
sawmill, lath mill, shingle mill, or cooperage-stock mill. The term shall not include work performed in
the planing-mill department or other remanufacturing
departments of any sawmill, or in any planing-mill or
remanufacturing plant not a part of a sawmill.
The following occupations
involved in the operation of power-driven woodworking machines are prohibited:
1. The
occupation of operating power-driven woodworking machines, including
supervising or controlling the operation of such machines, feeding material
into such machines, and helping the operator to feed material into such
machines, but not including the placing of material on a moving chain or in a
hopper or slide for automatic feeding.
2. The
occupations of setting up, adjusting, repairing, oiling, or cleaning power-driven
woodworking machines.
3. The
operations of off-bearing from circular saws and from guillotine-action veneer
clippers.
Definitions
1. The
term "power-driven woodworking machines" shall mean all fixed or portable
machines or tools driven by power and used or designed for cutting, shaping,
forming, surfacing, nailing, stapling, wire stitching, fastening, or otherwise
assembling, pressing, or printing wood or veneer.
2. The term "off-bearing"
shall mean the removal of material or refuse directly from a saw table or from
the point of operation. Operations not
considered as off-bearing within the intent of this section include: (a) the
removal of material or refuse from a circular saw or guillotine-action veneer
clipper where the material or refuse has been conveyed away from the saw table
or point of operation by a gravity chute or by some mechanical means such as a
moving belt or expulsion roller, and b) the following operations when they do
not involve the removal of material or refuse directly from a saw table or from
a point of operation: the carrying, moving, or transporting of materials from
one machine to another or from one part of a plant to another; the piling,
stacking, or arranging of materials for feeding into a machine by another
person; and the sorting, tying, bundling, or loading of materials.
Exemptions
The exemption for
apprentices and student-learners apply to this Order, Click here to view
Exemptions
The following
occupations are prohibited:
1. Any
work in any workroom in which (a) radium is stored or used in the manufacture
of selfluminous compound; (b) selfluminous
compound is made, processed, or packaged; (c) selfluminous
compound is stored, used, or worked upon; (d) incandescent mantles are made
from fabric and solutions containing thorium salts, or are processed or
packaged; (e) other radioactive substances are present in the air in average concentrations
exceeding 10 percent of the maximum permissible concentrations in the air
recommended for occupational exposure by the National Committee on Radiation
Protection, as set forth in the 40-hour week column of Table One of the
National Bureau of Standards Handbook No. 69 entitled “Maximum Permissible Body
Burdens and Maximum Permissible Concentrations of Radionuclides
in Air and In Water for Occupational Exposure,” issued June 5, 1959.
2. Any
other work which involves exposure to ionizing radiations in
excess of 0.5 rem per year.
Definitions
As used in this section:
1. The
term "self-luminous compound" shall mean any mixture of
phosphorescent material and radium, mesothorium, or
other radioactive element.
2. The
term “workroom” shall include the entire area bounded by walls of solid
material and extending from floor to ceiling.
3. The
term "ionizing radiations" shall mean alpha and beta particles,
electrons, protons, neutrons, gamma, and x- ray and all other radiations which
produce ionizations directly or indirectly, but does not include
electromagnetic radiation other than gamma and x-ray.
The following
occupations involved in the operation of power-driven hoisting apparatus are
prohibited:
1. Work
of operating an elevator, crane, derrick, hoist, or high-lift truck, except operating
an unattended automatic operation passenger elevator or an electric or
air-operated hoist not exceeding 1 ton capacity.
2. Work
which involves riding on a manlift or on a freight
elevator. except a freight elevator
operated by an assigned operator.
3. Work
of assisting in the operation of a crane, derrick, or hoist performed by crane
hookers, crane chasers, hookers-on, riggers, rigger helpers, and like
occupations.
Definitions
1. The
term "elevator" shall mean any power-driven hoisting or lowering
mechanism equipped with a car or platform which moves in guides in a
substantially vertical direction. The
term shall include both passenger and freight elevators (including portable
elevators or tiering machines) but shall not include
dumbwaiters.
2. The
term "crane' shall mean a power-driven machine for lifting and lowering a
load and moving it horizontally, in which the hoisting mechanism is an integral
part of the machine. The term shall
include all types of cranes, such as cantilever gantry, crawler, gantry,
hammerhead, ingotpouring. jib,
locomotive, motor truck, over-head traveling, pillar jib, pintle,
portal, simigantry, semiportal,
storage bridge, tower, walking jib, and wall cranes.
3. The
term "derrick" shall mean a power-driven apparatus consisting of a
mast or equivalent members held at the top by guys or braces, with or without a
boom, for use with a hoisting mechanism and operating ropes. The term shall include all types of derricks,
such as A-frame, breast,
4. The
term "hoist" shall mean a power-driven apparatus for raising or
lowering a load by the application of a pulling force that does not include a
car or platform running in guides. The
term shall include all types of hoists, such as base-mounted electric, clevis
suspension, hook suspension, monorail, overhead electric, simple drum, and
trolley suspension hoists.
5. The
term "high-lift truck" shall mean a power-driven industrial type of
truck used for lateral transportation that is equipped with a power-operated
lifting device usually in the form of a fork or platform capable of tiering loaded pallets or skids one above the other. Instead of a fork, or platform, the lifting
device may consist of a ram, scoop, shovel, crane, revolving fork, or other
attachments for handling specific loads.
The term shall mean and include high-lift trucks known under such names
as forklifts, fork trucks, forklift trucks, tiering
trucks, or stacking trucks, but shall not mean low-lift trucks or low-lift
platform trucks that are designed for the transportation of, but not the tiering of, material.
6. The
term "manlift" shall mean a device intended
for the conveyance of persons which consists of platforms or brackets mounted
on, or attached to, an endless belt, cable, chain, or similar method of
suspension; such belt, cable, or chain operating in a substantially vertical
direction and being supported by and driven through pulleys, sheaves or
sprockets at the top and bottom.
Exception
This section shall not
prohibit the operation of an automatic elevator and an automatic signal
operation elevator provided that the exposed portion of the car interior
(exclusive of vents and other necessary small openings), the car door, and the hoistway doors are constructed of solid surfaces without
any opening through which a part of the body may extend; all hoistway openings at floor level have doors which are
interlocked with the car door so as to prevent the car from starting until all
such doors are closed and locked; the elevator (other than hydraulic elevators)
is equipped with a device which will stop and hold the car in case of overspeed or if the cable slackens or breaks; and the elevator
is equipped with upper and lower travel limit devices which will normally bring
the car to rest at either terminal and a final limit switch which will prevent
the movement in either direction and will open in case of excessive over travel
by the car.
Definitions as used
in this exception:
1. For
the purpose of this exception the term "automatic elevator" shall
mean a passenger elevator, a freight elevator, or a combination
passenger-freight elevator, the operation of which is controlled by pushbuttons
in such a manner that the starting, going to the landing selected, leveling and
holding, and the opening and closing of the car and hoistway
doors are entirely automatic.
2. For
the purpose of this exception, the term "automatic signal operation
elevator, shall mean an elevator which is started in response to the operation
of a switch (such as a lever or pushbutton) in the car which when operated by
the operator actuates a starting device that automatically closes the car and hoistway doors - from this point on, the movement of the
car to the landing selected, leveling, and holding when it gets there, and the
opening of the car and hoistway doors are entirely
automatic.
The following
occupations are prohibited:
1. The
occupations of operator or of helper on the following power-driven metal
forming. punching, and shearing machines:
a. All rolling
machines, such as beading, straightening, corrugating, flanging, or bending rolls;
and hot or cold rolling mills.
b. All pressing or
punching machines, such as punch presses except those provided with full
automatic feed and ejection and with a fixed barrier guard to prevent the hands
or fingers of the operator from entering the area between the dies; power
presses; and plate punches.
c. All bending
machines, such as apron brakes and press brakes.
d. All hammering
machines, such as drop hammers and power hammers.
e. All shearing
machines, such as guillotine or squaring shears, alligator shears, and rotary
shears.
2. The
occupations of setting up, adjusting, repairing, oiling, or cleaning these
machines including those with automatic feed and ejection.
Definitions
1. The
term "operator” shall mean a person who operates a machine covered by this
Order by performing such functions as starting or stopping the machine, placing
materials into or removing them from the machine, or any other functions
directly involved in operation of the machine.
2. The
term "helper" shall mean a person who assists in the operation of a
machine covered by this Order by helping place materials into or removing them
from the machine.
3. The
term "forming, punching, and shearing machines" shall mean
power-driven metalworking machines, other than machine tools, which change the
shape of or cut metal by means of tools, such as dies, rolls, or knives which
are mounted on rams, plungers, or other moving parts. Types of forming, punching and shearing
machines enumerated in this section are the machines to which the designation
is by custom applied.
NOTE: This order does not apply to a very large
group of metalworking machines known as machine tools. Machine tools are defined as
"power-driven complete metalworking machines having one or more tool - or
work - holding devices, and used for progressively removing metal in the form
of chips." Since the order does not apply to machine tools, the 18-year
age minimum does not apply. Such machine
tools are classified below so that they can be readily identified.
MILLING FUNCTION
MACHINES
Horizontal Milling
Machines
Vertical Milling Machines
Universal Milling Machines
Planer-type Milling Machines
Gear Hobbing Machines
Profilers
Routers
TURNING FUNCTION
MACHINES
Engine Lathes
Turret Lathes
Hollow Spindle Lathes
Automatic Lathes
Automatic Screw Machines
PLANING FUNCTION
MACHINES
Planers
Shapers
Slotters
Broaches
Keycasters
Hack Saws
GRINDING
FUNCTION MACHINES
Grinders
Abrasive Wheels
Abrasive Belts
Abrasive Disks
Abrasive Points
Polishing Wheels
Buffing Wheels
Stroppers
Lapping Machines
BORING FUNCTION
MACHINES
Vertical Boring Mills
Horizontal Boring Mills
Jig Borers
Pedestal Drills
Radial Drills
Gang Drills
Upright Drills
Drill Press, etc.
Centering Machines
Reamers
Honers
Exemptions
The exemptions for
apprentices and student-learners apply to this Order, Click here to view
Exemptions
All occupations in
connection with mining, other than coal, are prohibited except the following:
1. Work
in offices, in the warehouse or supply house, in the change house, in the
laboratory, and in repair or maintenance shops not located underground.
2. Work in the operation and
maintenance of living quarters.
3. Work
outside the mine in surveying, in the repair and maintenance of roads, and in
general cleanup about the mine property such as clearing brush and digging
drainage ditches.
4. Work
of track crews in the building and maintaining of sections of railroad track
located in those areas of open-cut metal mines, where mining and haulage
activities are not being conducted at the time and place that such building
'and maintenance work is being done.
5. Work
in or about surface placer mining operations other than placer dredging
operations and hydraulic placer mining operations.
6. The
following work in metal mills other than in mercury-recovery mills or mills
using the cyanide process:
a. Work
involving the operation of jigs, sludge tables, flotation cells, or
drier-filters.
b. Work
of hand sorting at picking table or picking belt.
c. General
cleanup work.
Provided, however, that nothing in this section shall be
construed as permitting employment of minors in any occupation prohibited by
any other hazardous occupations order issued by the Secretary of Labor.
Definitions
As used in this
section: The term "all occupations in connection with mining, other than
coal" shall mean all work performed underground in mines and quarries; on
the surface at underground mines and underground quarries; in or about open cut
mines, open quarries, clay pits, and sand and gravel operations; at or about
placer mining; at or about dredging operations for clay, sand, or gravel; at or
about mining operations; in or about all metal mills, washer plants, or
grinding mills reducing the bulk of the extracted minerals; and at or about any
other crushing, grinding, screening, sizing, washing, or cleaning operations
performed upon the extracted minerals except where such operations are
performed as a part of a manufacturing process.
The term shall not include work performed in subsequent manufacturing or
processing operations, such as work performed in smelters, electrometallurgical
plants, refineries, reduction plants, cement mills, plants where quarried stone
is cut, sanded, and further processed,
or plants manufacturing clay, glass, or ceramic products. Neither shall the term include work performed
in connection with coal mining, in petroleum production, in natural-gas
production, nor in dredging operations which are not a part of mining operations,
such as dredging for construction or navigation purposes.
The following
occupations in or about slaughtering and meat-packing establishments, rendering
plants, or wholesale, retail or service establishments are prohibited:
1. All
occupations on the killing floor, in curing cellars, and in hide cellars, except the work of messengers, runners,
hand-truckers, and similar occupations which require entering such workrooms or
workplaces infrequently and for short periods of time.
2. All
occupations involved in the recovery of lard and oils, except packaging
and shipping of such products and the operations of lard-roll machines.
3. All
occupations involved in tankage or rendering of dead
animals, animal offal, animal fats, scrap meats, blood, and bones into stock
feeds, tallow, inedible greases, fertilizer ingredients, and similar products.
4. All
occupations involved in the operation or feeding of the following power-driven
meat-processing machines, including the occupations of setting-up, adjusting,
repairing, oiling, or cleaning such machines: meat patty forming machines, meat
and bone cutting saws, knives (*except bacon-slicing machines), head splitters,
and guillotine cutters; snout pullers and jaw pullers; skinning machines;
horizontal rotary washing machines; casing-cleaning machines such as crushing,
stripping, and finishing machines; grinding, mixing, chopping, and hashing
machines; and presses (except belly-rolling machines).
*
Note: The term “bacon-slicing machines” as used in this Order refers to those
machines which are designed solely for the purpose of slicing bacon and are
equipped with enclosure or barrier guards that prevent the operator from coming
in contact with the blades, and with devices for automatic feeding, slicing,
shingling, stacking, and conveying the sliced bacon away from the point of
operation.
5. All boning occupations.
6. All
occupations that involve the pushing or dropping of any suspended carcass, half
carcass, or quarter carcass.
7. All
occupations involving hand-lifting or hand-carrying any carcass or half carcass
of beef, pork, or horse, or any quarter carcass of beef or horse.
Definitions
1. The
term "slaughtering and meat-packing establishments” shall mean places in
or about which cattle, calves, hogs, sheep, lambs, goats, or horses are killed,
butchered, or processed. The term shall
also include establishments which manufacture or process meat products or
sausage casings from such animals.
2. The
term "rendering plants" shall mean establishments engaged in the
conversion of dead animals, animal offal, animal fats, scrap meats, blood, and
bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and similar
products.
3. The
term “killing floor" shall include that workroom or workplace where
cattle, calves, hogs, sheep, lambs, goats, or horses are immobilized, shackled,
or killed, and the carcasses are dressed prior to chilling.
4. The
term "curing cellar” shall include that workroom or workplace which is
primarily devoted to the preservation and flavoring of meat by curing
materials. It does not include that
workroom or workplace where meats are smoked.
5. The
term "hide cellar" shall include that workroom or work-place where
hides are graded, trimmed, salted, and otherwise cured.
6. The
term "boning occupations" shall mean the removal of bones from meat
cuts. It shall not include work that
involves cutting, scraping, or trimming meat from cuts containing bones.
Note: This Order shall not apply to the killing and
processing of poultry, rabbits, or small game in areas physically separated
from the “killing floor”.
Exemptions
The exemptions for
apprentices and student-learners apply to this Order, Click here to view
Exemptions
The following
occupations involved in the operation of power-driven bakery machines are
prohibited:
1. The
occupations of operating, assisting to operate, or setting up, adjusting,
repairing, oiling, or cleaning any horizontal or vertical dough mixer, batter
mixer, bread dividing, rounding, or molding machine; dough brake; dough sheeter, combination bread slicing and wrapping machine; or
cake cutting band saw.
2. The occupation of setting up or
adjusting a cooky or cracker machine.
Note: This Order does not apply to the following
list of bakery machines which maybe operated by 16 and 17-old-old minors:
INGREDIENT
PREPARATION AND MIXING
Flour-sifting Machine
Operator
Flour-blending Machine Operator
Sack-cleaning Machine Operator
PRODUCT FORMING AND SHAPING
Roll-dividing Machine Operator
Roll-making Machine Operator
Batter-sealing Machine Operator
Depositing Machine Operator
Cooky or Cracker Machine Operator
Wafer Machine Operator
Pretzel-stick Machine Operator
Pie-dough Sealing Machine Operator
Pie-dough Rolling Machine Operator
Pie-crimping Machine Operator
FINISHING AND
ICING
Depositing Machine
Operator
Enrobing Machine Operator
Spray Machine Operator
Icing Mixing Machine Operator
SLICING AND
WRAPPING
Roll Slicing and
Wrapping Machine Operator
Cake Wrapping Machine Operator
Carton Packing and Sealing Machine Operator
PAN WASHING
Spray-type Pan
Washing Machine Operator
Tumbler-type Pan Washing Machine Operator
The following
occupations are prohibited:
1. The
occupations of operating or assisting to operate any of the following
power-driven paper-products machines:
a. Arm-type
wirestitcher or stapler, circular or band saw, corner
cutter or mitering machine, corrugating and single or double-facing machine,
envelope die-cutting press, guillotine paper cutter or shear, horizontal bar
scorer, laminating or combining machine, sheeting machine. scrap-paper
baler, or vertical slotter.
b. Platen
die-cutting press, platen printing press, or punch press which involves hand
feeding of the machine.
2. The
occupations of setting up, adjusting, repairing, oiling or cleaning these
machines including those which do not involve hand feeding.
Definitions
1. The
term "operating or assisting to operate" shall mean all work which
involves starting or stopping a machine covered by this Order, placing
materials into or removing them from the machine, or any other work directly
involved in operating the machine.
2. The
term "paper-products machine" shall mean power-driven machines used
in the remanufacture or conversion of paper or pulp into a finished
product. The term is understood to apply
to such machines whether they are used in establishments that manufacture
converted paper pulp products, or in any other type of manufacturing or
non-manufacturing establishment.
Note: There are many machines not covered by this
Order. The most important of these
machines are the following:
Bag Machine,
Bag-Making Machine
Bottoming Machine (Bags)
Box-Making Machine (Collapsible Boxes)
Bundling Machine
Calendar Roll and Plating Machines
Cigarette Carton Opener and Tax Stamping Machine
Clasp Machine
Counting, Stacking, and Ejecting Machine
Corner Stayer
Covering, Lining, or Wrapping Machines (Set-up Boxes)
Creping Machine
Dornbusch Machine (Wall Paper)
Ending Machine (Set-up Boxes)
Envelope Machine
Folding Machine
Gluing, Scaling, or Gumming Machine
lnterfolding Machine
Jogging Machine
Lacer Machine
Parchmentizing, Waxing, or Coating Machines
Partition Assembling Machine
Paper Cut Machine
Quadruple Stayer
Rewinder
Rotary Printing Press
Ruling Machine
Slitting machine
Straw Winder
Stripping Machine
Taping Machine
Tube Cutting Machine
Tube Winder
Tube Machine (Paper Bags)
Window Patch Machine
Wire or Tag Stringing Machine
Exemptions
The exemptions for
apprentices and student-learners apply to this Order, Click here to view
Exemptions
The following
occupations involved in the manufacture of clay construction products and of
silica refractory products are prohibited:
1. All
work in or about establishments in which clay construction products are
manufactured, except (a) work in storage and shipping, (b) work in
offices, laboratories. and storerooms, and (c) work in
the drying departments of plants manufacturing sewer pipe.
2. All
work in or about establishments in which silica brick or other silica refractories are manufactured except work in offices.
3. Nothing
in this section shall be construed as permitting employment of minors in any
occupation prohibited by any other hazardous occupations order issued by the
Secretary of Labor.
Definitions
1. The
term "clay construction products" shall mean the following clay
products: Brick, hollow structural tile, sewer pipe and kindred products, refractories, and other clay products such as architectural
terra cotta, glazed structural tile, roofing tile, stove lining, chimney pipes
and tops, wall coping, and drain tile.
The term shall not include the following non-structural-bearing clay
products: Ceramic floor and wall tile,
mosaic tile, glazed and enameled tile, faience, and similar tile, nor shall the
term include non-clay construction products such as sand-lime brick, glass
brick, or non-clay refractories.
2. The
term "silica brick or other silica refractories"
shall mean refractory products produced from raw materials containing free
silica as their main constituent.
(Order No. 14)
Occupations Involved in the Operation of Power-Driven Circular Saws,
Band Saws, and Guillotine Shears
The following
occupations are prohibited:
1. The
occupations of operator of or helper on the following power-driven fixed or
portable machines except for machines equipped with full automatic feed
and ejection:
a. Circular
saws.
b. Band
saws.
c. Guillotine
shears.
2. The
occupations of setting up adjusting, repairing, oiling, or cleaning circular
saws, band saws, and guillotine shears.
Definitions
1. The
term "operator" shall mean a person who operates a machine covered by
this Order by performing such functions as starting or stopping the machine,
placing materials into or removing them from the machine, or any other
functions directly involved in operation of the machine.
2. The
term "helper” shall mean a person who assists in the operation of a
machine covered by this Order by helping place materials into or removing them
from the machine.
3. The
term "machine equipped with full automatic feed and ejection" shall
mean machines covered by this Order which are equipped with devices for full
automatic feeding and ejection and with a fixed barrier guard to prevent
completely the operator or helper from placing any part of his body in the
point-of-operation area.
4. The
term "circular saw" shall mean a machine equipped with a thin steel
disc having a continuous series of notches or teeth on the periphery, mounted
on shafting, and used for sawing materials.
5. The
term "band saw" shall mean a machine equipped with an endless steel
band having a continuous series of notches or teeth, running over wheels or
pulleys, and used for sawing materials.
6. The
term "guillotine shear" shall mean a machine equipped with a movable
blade operated vertically and used to shear materials. The term shall not include other types of
shearing machines, using a different form of shearing action, such as alligator
shears or circular shears.
Exemptions
The exemptions for
apprentices and student-learners apply to this Order, Click here to view
Exemptions
All
occupations in wrecking.
demolition. and shipbreaking operations are prohibited.
Definitions
The term
"wrecking, demolition, and shipbreaking
operations" shall mean all work including cleanup and salvage work,
performed at the site of the total or partial razing, demolishing, or
dismantling of a building, bridge, steeple, tower, chimney, other structure,
ship or other vessel.
All occupations in
roofing operations are prohibited.
Definitions
The term "roofing
operations” shall mean all work performed in connection with the application of
weatherproofing materials and substances (such as tar or pitch, asphalt
prepared paper, tile, slate metal, translucent materials, and shingles of
asbestos, asphalt or wood) to roofs of buildings or other structures. The term shall also include all work
performed in connection with: (1) The installation of roofs, including related
metal work such as flashing, and (2) alterations, additions, maintenance, and
repair, including painting and coating, of existing roofs. The term shall not include gutter and
downspout work; the construction of the sheathing or base of roofs; or the
installation of television antennas, air conditioners, exhaust and ventilating
equipment, or similar appliances attached to roofs.
Exemptions
The exemptions for
apprentices and student-learners apply to this Order, Click here to view
Exemptions
The following
occupations in excavation operations are prohibited:
1. Excavating,
working in, or backfilling (refilling) trenches, except (a) manually
excavating or manually backfilling trenches that do not exceed four feet in
depth at any point, or (b) working in trenches that do not exceed four feet in
depth at any point.
2. Excavating
for buildings or other structures or working in such excavations, except (a)
manually excavating to a depth not exceeding four feet below any ground surface
adjoining the excavation. or (b) working in an
excavation not exceeding such depth, or (c) working in an excavation where the
side walls are shored or sloped to the angle of repose.
3. Working within tunnels prior to the
completion of all driving and shoring operations.
4. Working within shafts prior to the
completion of all sinking and shoring operations.
Exemptions
The exemptions for
apprentices and student-learners apply to this Order, Click here to view
Exemptions
Hazardous Occupations
Orders Nos. 5, 8, 10, 12, 14, 16, and 17 contain exemptions for 16 and
17-year-old apprentices and student-learners provided they are employed under
the following conditions:
I. Apprentices:
(1) The apprentice is employed in a craft recognized as an apprenticeable
trade; (2) the work of the apprentice in the occupations declared particularly
hazardous is incidental to his training; (3) such work is intermittent and for
short periods of time and is under the direct and close supervision of a
journeyman as a necessary part of such apprentice training; and (4) the
apprentice is registered by the Bureau of Apprenticeship and Training of the
U.S. Department of Labor as employed in accordance with the standards
established by that Bureau, or is registered by a State agency as employed in
accordance with the standards of the State apprenticeship agency recognized by
the Bureau of Apprenticeship and Training, or is employed under a written
apprenticeship agreement and conditions which are found by the Secretary of
Labor to conform substantially with such Federal or State standards.
II. Student-Learners:
(1) The student-learner is enrolled in a course of study and training in a
cooperative vocational training program under a recognized State or local
educational authority or in a course of study in a substantially similar
program conducted by a private school; and (2) such student-learner is employed
under a written agreement which provides: (i) That
the work of the student-learner in the occupations declared particularly
hazardous shall be incidental to the training; (ii) That such work shall be
intermittent and for short periods of time and under the direct and close
supervision of a qualified and experienced person; (iii) That safety
instructions shall be given by the school and correlated by the employer with
on-the-job training; and (iv) That a schedule of organized and progressive work
processes to be performed on the job shall have been prepared. Each such written agreement shall contain the
name of the student-learner, and shall be signed by the employer and the school
coordinator or principal. Copies of each
agreement shall be kept on file by both the school and the employer. This exemption for the employment of
student-learners may be revoked in any individual situation where it is found
that reasonable precautions have not been observed for the safety of minors
employed thereunder.
A high school graduate may be employed in an occupation in which
training has been completed as provided in this paragraph as a student-learner,
even though the youth is not yet 18 years of age.
Penalties For Violation
For each violation of
the child labor provisions or any regulation issued thereunder,
employers may be subject to a civil money penalty up to $1,000.
The Act was amended,
effective
The Act also provides,
in the case of willful violation. for a fine up to $10,000; or, for a second
offense committed after the conviction of such person for a similar offense,
for a fine of not more than $10,000; or imprisonment for not more than 6
months, or both. The Secretary of Labor
may also ask a Federal district court to restrain future violations of the
child labor provisions of the Act by injunction.
Age Certificates
Employers may protect
themselves from unintentional violation of the child labor provisions by
keeping on file an employment or age certificate for each minor employed to
show that the minor is the minimum age for the job. Certificates issued under most State laws are
acceptable for purposes of the Act.
Additional Information
Inquiries about the
Fair Labor Standards Act will be answered by mail, telephone, or personal
interview at any office of the Wage and Hour Division of the U.S. Department of
Labor. Offices are listed in the
telephone directory under U.S. Department of Labor in the U.S. Government
listing. These offices also supply
publications free of charge.