• Federal & State Guidelines for Coverage of the Child Labor Provision
• Coverage of the Child Labor Provisions
• In or about an Establishment Producing Goods for Commerce
• Minimum Age Standards for Nonagricultural Employment
• PA Guidelines for Governing the Employment of Minors in Industry
• Federal Exemptions from the Child Labor Provisions of the Act
• Employment Standards for 14 and 15-year olds
• Permitted Occupations for 14 and 15-year-old minors in Retail, Food Service and Gasoline Service Establishments
• PA. PROHIBITED OCCUPATIONS FOR MINORS UNDER 16
• PA. HOURS OF EMPLOYMENT—AGES 14 & 15
• PA. HOURS OF EMPLOYMENT—AGES 16 & 17
• 14 AND 15-YEAR-OLD MINORS MAY BE EMPLOYED IN any occupation EXCEPT the excluded occupations listed below
• Hazardous Occupations Orders in Nonagricultural Occupations
• (Order No. 1) Manufacturing or Storage Occupations Involving Explosives
• (Order No. 2) Motor Vehicle Occupations
• (Order No. 3) Coal Mine Occupations
• (Order No. 4) Logging and Sawmilling Occupations
• (Order No. 5) POWER DRIVEN WOODWORKING MACHINE OCCUPATIONS
• (Order No. 6) OCCUPATIONS INVOLVING EXPOSURE TO RADIOACTIVE SUBSTANCES AND TO IONIZING RADIATIONS
• (Order No. 7) Power-Driven Hoisting Apparatus Occupations
• (Order No. 8) Power-Driven Metal Forming, Punching, and Shearing Machine Occupations
• (Order No. 9) Occupations in Connection With Mining, Other Than Coal
• (Order No. 10) Occupations Involving Slaughtering, Meat-Packing or processing, or Rendering
• (Order No. 11) Power-Driven Bakery Machine Occupations
• (Order No. 12) Power-Driven Paper-Products Machine Occupations
• (Order No. 13) Occupations involved in the Manufacture of Brick, Tile, and Kindred Products
• (Order No. 14) Occupations involved in the Operation of Power-Driven Circular Saws, Band Saws, and Guillotine Shears
• (Order No. 15) Occupations involved in Wrecking, Demolition, and Shipbreaking Operations
• (Order No. 16) Occupations in Roofing Operations
• (Order No. 17) Occupations in Excavation Operations
• Exemptions from Hazardous Occupations Orders
• Penalties for Violation
• Age Certificates
• Additional Information
• CHILD LABOR BULLETIN NO. 102
• OTHER CHILD LABOR LAWS
• COVERAGE OF THE CHILD LABOR PROVISIONS
• MINIMUM AGE STANDARDS FOR EMPLOYMENT IN AGRICULTURE
• SCHOOL HOURS AND EMPLOYMENT IN AGRICULTURE
• HAZARDOUS OCCUPATIONS IN AGRICULTURE
• EXEMPTIONS FROM HAZARDOUS OCCUPATIONS ORDER IN AGRICULTURE
• PENALTIES FOR VIOLATIONS
• CERTIFICATE OF AGE
• RECORD KEEPING FOR EMPLOYMENT OF MINORS
• MINIMUM WAGE FOR AGRICULTURAL EMPLOYMENT
• ADDITIONAL INFORMATION

This is a comparison of the child labor laws between the state of Pennsylvania and the United States Government. This comparison is to be used as a guide to aid the cooperative education coordinator determine which laws to follow when placing 16 and 17 year-olds on the job through a work experience program.

For a final determination of rules and regulations as they pertain to students in the above named age group, the placement officer should refer to the actual rules as written by the state of Pennsylvania and the United States Government.

When Pennsylvania Child Labor Laws and the U. S. Fair Labor Standards Act disagree, the more stringent of the two shall prevail. The more stringent of the two laws, as they pertain to 16 and 17 year-olds, whatever differences there are have been included in this comparison. The federal labor laws are listed in regular type and the state guidelines are in italics.

The U. S. Department of Labor has no objections to Pennsylvania Child Labor Laws as they pertain to 16 and 17 year-olds; whatever differences there are have been included in this comparison.

This comparison was developed by the students of Indiana University of Pennsylvania Cooperative Education Certification Program as a service to anyone placing students on the job. The students involved are noted on page 48.

This reference guide is not a legal document. It is a collection of Federal and State Labor Laws that have been assembled by the Cooperative Education classes of Mr. Don Gamble at Indiana University of Pennsylvania. The information is for the purpose of helping Cooperative Education Coordinators and employers to comply with the regulations concerning student employment.

Note: If you find any errors or needed corrections, please contact Don Gamble at Indiana University of Pennsylvania.  gamble@iup.edu

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 performed 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 if 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, and 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 March 31, 1990, and that ceased to be covered because of the increase in the enterprise coverage dollar volume test must continue to pay its employees not less than the minimum wage and continues to be subject to the overtime pay, child labor, and record keeping provisions of FLSA.

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.

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 workers such as day workers, housekeepers, chauffeurs, cooks, or full-time baby-sitters are covered if they (1) receive at least $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.

Producers, manufacturers, or dealers are prohibited from shipping of 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 on order to be covered.

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 any occupation, other than a nonagricultural occupation declared hazardous by the Secretary of Labor.

18 Minimum age for employment in nonagricultural occupations declared hazardous by the Secretary of Labor.

PA Guidelines for Governing the Employment of Minors in Industry

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 performers in motion pictures, theatrical, radio, or

Television productions.

1. Children engaged in the delivery of newspapers to the consumer.

Homeowners engaged in the making of wreaths composed principally of natural holly, pine, cedar, or other evergreens (including the harvesting of the evergreens).

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.

2. BEFORE 7 a.m. or AFTER 7 p.m. except 9 p.m. from June 1 through Labor Day (time depends on local standards).

3. MORE THAN 3 HOURS A DAY—on school days.

During school term: 18 hours per School week (Monday through Friday) and only at a time that does not interfere with school attendance.

4. MORE THAN 18 HOURS A WEEK—in school weeks.

8 hours on any other day (Non School Days)

5. MORE THAN 8 HOURS A DAY—on non-school days.

6. MORE THAN 40 HOURS A WEEK—in non-school weeks.

14 and 15-year-old minors MAY BE EMPLOYED IN:

1. OFFICE and CLERICAL WORK (including operation of office machines).
    
2. CASHIERING, SELLING, MODELING, ART WORK, 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 or 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.

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 OTHERWISE 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:
    
   1. TRANSPORTATION of persons or property by rail, highway, air, on water, pipeline, or other means.
   2. WAREHOUSING and STORAGE.
   3. COMMUNICATIONS and PUBLIC UTILITIES.
   4. CONSTRUCTION (including repair).  Except office of 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:
    
   1. WORK performed in or ABOUT BOILER or ENGINE ROOMS.
   2. Work in connection with MAINTENANCE or REPAIR OF THE ESTABLISHMENT, MACHINES or EQUIPMENT.
   3. OUTSIDE WINDOW WASHING that involves working from windowsills, and all work requiring the use of LADDERS, SCAFFOLDS, or their substitutes.
   4. COOKING (except at soda fountains, lunch counters, snack bars, or cafeteria serving counters) and BAKING.
   5. 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.
   6. 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).
   7. LOADING and UNLOADING GOODS to and from trucks, railroad cars, or conveyors.
   8. All occupations in WAREHOUSES except office and clerical work.

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 been 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.

(These Orders are published in Subpart E of Part 570 of Title 29 of the Code of Federal Regulations.)

The Fair Labor Standards Act provides a minimum age of 18 years for any nonagricultural occupations 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:

Page Number

• 2 Coverage of the Child Labor Provisions
• 12 Manufacturing and storing explosives
• 14 Motor-vehicle driving and outside helper
• 16 Coal mining
• 17 Logging and sawmilling
• 19 Power-driven woodworking machines
• 21 Exposure to radioactive substances
• 22 Power-driven hoisting apparatus
• 24 Power-driven metal forming, punching, and shearing machines
• 26 Mining, other than coal mining
• 28 Slaughtering, or meatpacking, processing, or rendering
• 30 Power-driven bakery machines
• 31 Power-driven paper-products machines
• 33 Manufacturing brick, tiles, and kindred products
• 34 Power-driven circular saws, band saws, and guillotine shears
• 36 Wrecking, demolition, and shipbreaking operations
• 37 Roofing operations
• 38 Excavation operations
• 39. Exemptions from Hazardous Occupations Orders

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:
    
   1. 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.
       
   2. 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.
       
   3. 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.
       
   4. All occupations involved in the plate loading of cartridges and in the operation of automatic loading machines.
       
   5. All occupations involved in the loading, inspecting, packing, shipping, and storage of blasting caps.

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 17-78) issued pursuant to the Act of June 25, 1948 (62 State. 739; 18 U.S.C. 835)
    
3. An area meeting all of the following criteria shall be deemed a "nonexplosives area":
    
   1. None of the work performed in the area involves the handling or use of explosives;
       
   2. 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;
       
   3. The area is separated from the explosives area by a fence or is otherwise located so that it constitutes a definite designated area; and
       
   4. 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:

No employee under 17 years of age may drive on public roadways as part of his or her job if that employment is subject to the FLSA.

Seventeen-year-olds may drive on public roadways as part of their employment, but only if all of the following requirements are met:

1. The driving is limited to daylight hours;
    
2. The 17-year-old holds a State license valid for the type of driving involved in the job performed;
    
3. The 17-year-old has successfully completed a State approved driver education course and has no record of any moving violation at the time of hire;
    
4. The automobile or truck is equipped with a seat belt for the driver and any passengers and the employer has instructed the youth that the seat belts must be used when driving the vehicle;
    
5. The automobile or truck does not exceed 6,000 pounds gross vehicle weight;

1. Towing vehicles;
    
2. Route deliveries or route sales;
    
3. Transportation for hire of property, goods, or passengers;
    
4. Urgent, time-sensitive deliveries;
    
5. Transporting more than three passengers, including employees of the employer;
    
6. Driving beyond a 30-mile radius from the youth’s place of employment;
    
7. More than two trips away from the primary place of employment in any single day to deliver the employer’s goods to a customer (other than urgent, time-sensitive deliveries, which are prohibited);
    
8. More than two trips away from the primary place of employment in any single day to transport passengers, other than employees of the employer.
    
9. Such driving is only occasional and incidental to the 17-year-old’s employment.

This means that the youth may spend no more than one-third of the worktime in any workday and no more than 20 percent of the worktime in any workweek 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.

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.

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 drivers compartment, body, and special chassis and body equipment, and payload.

All occupations in or about any coal mine are prohibited except the occupations of state 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.

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 al 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:
    
   1. Work in offices or in repair of maintenance shops.
       
   2. Work in the construction, operation, repair, or maintenance of living and administrative quarters of logging camps.
       
   3. 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.
       
   4. 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.
       
   5. Work in the feeding or care of 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:
    
   1. Work in offices or in repair or maintenance shops.
       
   2. Straightening, marking, or tallying lumber on the dry chain or the dry drop sorter.
       
   3. Pulling lumber from the dry chain.
       
   4. Cleanup in the lumberyard.
       
   5. Piling, handling, or shipping of cooperage stock in yards or storage sheds, other than operating or assisting in the operation of power-driven equipment.
       
   6. Clerical work in yards or shipping sheds, such as done by ordermen, tallymen, and shipping clerks.
       
   7. Cleanup work outside shake and shingle mills, except when the mill is in operation.
       
   8. Splitting shakes manually from pre-cut and split blocks with a froe and mallet, except inside the mill building or cover.
       
   9. Packing shakes into bundles when done in conjunction with splitting shakes manually with a fore and mallet, except inside the mill building or cover
       
   10. 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.

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 of roads, railroads, flumes, or camps used in connection with logging; the moving, installing, rigging, and maintenance of machinery or equipment used in logging; and other work performed in connection with logging. The term shall not apply to work performed in timber culture, timber-stand improvement, or in emergency fire fighting.

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 planning-mill department or other remanufacturing departments of any sawmill, or in any planing-mill or remanufacturing plant not a part of a sawmill.

Federal 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.

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:
    
   1. 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
       
   2. 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.

The exemption for apprentices and student-learners apply to this Order, see page 39.

Federal The following occupations are prohibited:

1. Any work in any workroom in which:
    
   1. radium is stored or used in the manufacture of self-luminous compound;
       
   2. self-luminous compound is made, processed, or packaged;
       
   3. self-luminous compound is stored, used, or worked upon;
       
   4. incandescent mantles are made from fabric and solutions containing thorium salts, or are processed or packaged;
       
   5. 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 Standard 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.

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 doe not include electromagnetic radiations 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 one (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.

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, ingot pouring, 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, Chicago boom, gin-pole, guy, and stiff-leg derricks.
    
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.

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.

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 push buttons 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 push button) in the car which when operated by the operator actuates a startling 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 of or helper on the following power-driven metal forming, punching, and shearing machines:
    
   1. All rolling machines, such as beading, straightening, corrugating, flanging, or bending rolls; and hot or cold rolling mills.
       
   2. 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.
       
   3. All bending machines, such as apron brakes and press brakes.
       
   4. All hammering machines such as drop hammers and power hammers.
       
   5. 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.

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

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 metal-working 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, see page 12.

(Order No. 9) Occupations in Connection With Mining, Other Than Coal

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:
    
   1. Work involving the operation of jigs, sludge tables, flotation cells, or drier-filters.
       
   2. Work of hand sorting at picking table or picking belt.
       
   3. 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.

As used in this section: The term "All occupations in connection with mining, other than coal" shall mean all work performed underground in mines and quarries; on the surface at underground mines and underground quarries; in or about open-cut mines, open quarries, clay pits, and sand and gravel operations; at or about placer mining operations; at or about dredging operations for clay, sand, or gravel; at or about bore-hole mining operations; in or about all metal mills, washer plants, or grinding mills reducing the bulk of the extracted minerals; and at or about any other crushing, grinding, screening, sizing, washing, or cleaning operations performed upon the extracted minerals except where such operations are performed as a part of a manufacturing process.

The term shall not include work performed in subsequent manufacturing or processing operation, such as work performed in smelter, 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 meatpacking establishments, rendering plants, or wholesale, retail or services 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 splitter, 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).
    
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 and carcass or half carcass of beef, pork, or horse, or any quarter carcass of beef or horse.

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 form such animals.
    
2. The term "rendering plants" shall mean establishments engaged in the conversion of dead 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 workplace 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".

(Order No. 11) Power-Driven Bakery Machine Occupations

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 cookie or cracker machine.

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 Deposition Machine Operator
• Cookie or Cracker Machine Operator Wafer Machine Operator
• Pretzel-stick Machine Operator Pie-dough Sealing 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 opening or assisting to operate any of the following power-driven paper-products machines:
    
   1. Arm-type wirestitcher or stapler, circular or band saw, corner cutter or mitering machine, corrugation and single- or double-facing machine, envelope die-cutting press, guillotine paper cutter or shear, horizontal bar scorer, lamination or combining machine, sheeting machine, scrap-paper baler, or vertical slotter.
       
   2. Platen die cutting press, platen printing presses, 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.

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.

• Bag Machine, Bag-Making Machine Bottoming Machine (Bags)
• Box-Making Machine (Collapsible Boxes) Bundling Machine
• Calendar Roll and Plating Machines Clasp Machine
• Counting, Stacking, and Ejecting Machine Corner Stayer
• Creping Machine Dornbusch Machine (Wall Paper)
• Ending Machine (Set-up Boxes) Envelope Machine
• Folding Machine Gluing, Scaling, or Gumming Machine
• Interfolding Machine Jogging Machine
• Lacer Machine 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
• Parchmentizing, Waxing, or Coating Machines
• Covering, Lining, or Wrapping Machines (Set-up Boxes)
• Cigarette Carton Opener and Tax Stamping Machine

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.

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!

The following occupations are prohibited:

1. The occupation of operator of or helper on the following power-driven fixed or portable machines except for machines equipped with full automatic feed and ejection:
   1. Circular saws.
   2. Band saws.
   3. Guillotine shears.
       
2. The occupations of setting up, adjusting, repairing, oiling, or cleaning circular saws, band saws, and guillotine shears.

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.

The exemptions for apprentices and student-learners apply to this Order.

All occupations in wrecking, demolition, and shipbreaking operations are prohibited.

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.

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 building or other structures. The term shall also include all work performed in connection with:

1. The installations 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.

The exemptions of apprentices and student-learners apply to this Order on page 39.

1. Excavating, working in, or backfilling (refilling) trenches, except manually excavating or manually backfilling trenches that do not exceed four feet in depth at any point, or working in trenches that do not exceed four feet in depth at any point.
    
2. Excavating for building or other structures or working in such excavations, except manually excavating to a depth not exceeding four feet below any ground surface adjoining the excavation, or working in an excavation not exceeding such depth, or 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.

Hazardous Occupations Orders Nos.: 5, 8, 10, 12, 14, 16, and 17 contain exemptions or 16 and 17 year old apprentices and student learners provided they are employed under the following conditions:

1. The apprentice is employed in a craft recognized as a 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 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 the State apprentice 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.

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-learners is employed under a written agreement which provides:
    
3. That the work of the student-learner in the occupations declared particularly hazardous shall be incidental to the training:
    
4. 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;
    
5. That safety instructions shall be given by the school and correlated by the employer with on-the-job training; and
    
6. 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 the 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 there under. A high school graduate may be employed in a occupation in which training has been completed as provided in this paragraph as the student-learner, even though he is not yet 18 years of age.

For violation of the child labor provisions or any regulation issued thereunder, employers may be subject to a civil money penalty up to $11,000.

The Act was amended, effective June 15, 1994, authorizing (in section 16 (e) the Secretary of Labor to assess a civil money penalty of not to exceed $11,000 for each violation of the child labor provisions of the Act or any regulation issued thereunder. When a child labor civil money penalty is assessed against an employer, the employer has the right, within 15 days after receipt of the notice of such penalty, to file an exception to the determination that the violation or violations of the child labor provisions occurred. When such an exception is filed with the Administrator of the Wage and Hour Division, the matter is referred to the Chief Administrative Law Judge, and a formal hearing is scheduled. At such a hearing the employer may, or an attorney retained by the employer may, present such witnesses, introduce such evidence and establish such facts as the employer believes will support the exception. The determination of the amount of any civil money penalty becomes final if no exception is taken to the administrative assessment thereof, or if an exception is filed pursuant to the decision and order of the administrative law judge.

The Act also provides, in the case of willful violation, for a fine up to $11,000; or, for a second offense committed after the conviction of such person of a similar offense, for a fine of not more than $11,000; 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 provision of the Act by injunction.

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.

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.

(Child Labor Bulletin No. 101 deals with the employment of minors in non-agricultural occupations.)

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 agriculture. In addition to child labor provisions, the Act also contains provisions on minimum wage, overtime, equal pay, and record keeping.

It is important to note that the child labor provisions of the Act apply to the agricultural employment of all children, migrant as well as local resident children.

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.

The Fair Labor Standards Act of 1938 (FLSA) establishes minimum ages for covered employment in agriculture unless a specific exemption applies. Covered employment in agriculture includes employees whose occupations involve growing crops or raising livestock which will leave the State directly or indirectly through a buyer who will either ship them across State lines or process them as ingredients of other goods which will leave the State.

Employees covered include workers whom:

The child labor provisions may apply to employment in any of the above regardless of farm size or the number of man-days of farm labor used on that farm.

16 – Minimum age for employment

• In any agricultural occupation declared hazardous by the Secretary of Labor;
   
• During school hours;

14 – Minimum age for employment outside school hours

EXCEPT:

Local minors (permanent residents) 10 and 11 years old may be employed outside school hours under prescribed conditions to hand harvest short season crops for no more than 8 weeks between June 1 and October 15 in any calendar year, upon approval by the Secretary of Labor of an employer’s application for a waiver form the child labor provisions for such employment. A "permanent residence" means the place where the minor normally resides with his or her parent(s) year-round.

Note: Minors of any age may be employed by their parent or person standing in place of their parent at any time in any occupation on a farm owned or operated by their parent or person standing in place of their parent.

Minors under 16 years of age may not be employed during school hours unless employed by their parent or person standing in place of their parent. School hours are those set for the school district in which a minor is living while employed in agriculture.

For example:

The Secretary of Labor has found and declared that the following occupations in agriculture are hazardous for minors under 16 years of age. No minor under 16 may be employed at any time in these occupations except as exempt:

1. Operating a tractor over 20 PTO horsepower, or connecting or disconnecting an implement or any of its parts to or from such a tractor.

2. Operating or assisting to operate (including starting, stopping, adjusting, feeding or any other activity involving physical contact associated with the operation) any of the following machines:

a. Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, or mobile pea viner;

b. Feed grinder, crop dryer, forage blower, auger conveyor, or the unloading mechanism of a nongravity-type self-unloading wagon or trailer; or

c. Power post-hole digger, power post driver, or nonwalking-type rotary tiller.

3. Operating or assisting to operate (including starting, stopping, adjusting, feeding, or any other activity involving physical contact associated with the operation) any of the following machines:

a. Trencher or earthmoving equipment;

b. Fork lift;

c. Potato combine; or

d. Power-driven circular, band, or chain saw.

4. Working on a farm in a yard, pen, or stall occupied by a:

a. Bull, boar, or stud horse maintained for breeding purposes; or

b. Sow with suckling pigs, or cow with newborn calf (with umbilical cord present).

5. Felling, bucking, skidding, loading, or unloading timber with butt diameter of more than 6 inches.

6. Working from a ladder or scaffold (painting, repairing, or building structures, pruning trees, picking fruit, etc.) at a height of over 20 feet.

7. Driving a bus, truck, or automobile when transporting passengers, or riding on a tractor as a passenger or helper.

8. Working inside:

a. A fruit, forage, or grain storage designed to retain an oxygen deficient or toxic atmosphere;

b. An upright silo within 2 weeks after silage has been added or when a top unloading device is in operating position;

c. A manure pit;

d. A horizontal silo while operating a tractor for packing purposes.

9. Handling or applying (including cleaning or decontaminating equipment, disposal or return of empty contaminating equipment, disposal or return of empty containers, or serving as a flagman for aircraft applying) agricultural chemicals classified under the Federal Insecticide, Fungicide, and Rodenticide Act (as amended by Federal Environmental Pesticide Control Act of 1972, 7 U.S.C. 136 et seq.) as Toxicity Category I, identified by the word "Danger" and/or "Poison" with skull and crossbones; or Toxicity Category II, identified by the word "Warning" on the label;

10. Handling or using a blasting agent, including but not limited to, dynamite, black powder, sensitized ammonium nitrate, blasting caps, and primer cord; or

11. Transporting, transferring, or applying anhydrous ammonia.

These prohibitions do not apply to the employment of minors under 16 years of age by their parents or by persons standing in the place of their parents on farms owned or operated by such parents or persons.

Under carefully regulated conditions, employment of 14 and15-year-old minors in certain types of the agricultural occupations found and declared to be hazardous is exempt. They are:

Student-learners in a bona fide vocational agriculture program may work in the occupations listed in items 1 through 6 of the hazardous occupations order under a written agreement which provides that the student-learner’s work is incidental to training, intermittent, for short periods of time, and under close supervision of a qualified person; that safety instructions are given by the school and correlated with on-the-job training; and that a schedule of organized and progressive work processes has been prepared. The written agreement must contain the name of the student-learner, and be signed by the employer and a school authority, each of whom must keep copies of the agreement.

Minors 14 and 15 years old who hold certificates of completion of either the tractor operation or machine operation program may work in the occupations for which they have been trained. Occupations for which these certificates are valid are covered by items 1 and 2 of the hazardous occupations order. Farmers employing minors who have completed this program must keep a copy of the certificates of completion on file with the minor’s records.

Enrollment in this program is open to minors who are not members of 4-H as well as 4-H members. Information on this program is available from an Extension Agent of the Cooperative Service of a land grant university.

Minors 14 and 15 years old who hold certificates of completion of either the tractor operation or machine operation program of the U.S. Office of Education Vocational Agriculture Training Program may work in the occupations for which these certificates are valid are covered by items 1 and 2 of the hazardous occupations order. Farmers employing minors who have completed this program must keep a copy of the certificate of completion on file with the minor’s records.

Information on the Vocational Agriculture Training Program is available from vocational agriculture teachers.

For each violation of the child labor provisions or any regulation issued thereunder, employers may be subject to a civil money penalty of up to $11,000.

The Act was amended, effective June 15, 1994, authorizing (in section 16(e) the Secretary of Labor to assess a civil money penalty not to exceed $11,000 for each violation of the child labor provisions of the Act or any regulation issued thereunder. When a child labor civil money penalty is assessed against an employer, the employer has the right, within 15 days after receipt of the notice of such penalty, to file an exception to the determination that the violation or violations of the child labor provisions occurred. When such an exception is filed with the Administrator of the Wage and Hour Division, the matter is referred to the Chief Administrative Law Judge, and a formal hearing is scheduled. At such hearing the employer may, or an attorney retained by the employer may, present such witnesses, introduce such evidence and establish such facts as the employer believes will support the exception. The determination of the amount of any civil money penalty becomes final if no exception is taken to the administrative assessment thereof, or if an exception is filed, pursuant to the decision and order of the administrative law judge.

The Act also provides, in the case of willful violations, for a fine up to $11,000; or, for a second offense committed after the conviction of such person or similar offense, for a fine of not more than $11,000 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.

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.

Every employer (except a parent or person standing in the place of a parent employing one’s own child on a farm owned or operated by such parent or person) who employs any minor under 16 years of age in agriculture must maintain and preserve records containing the following data about each minor employed:

1. Name in full.
    
2. Place where the minor lives while employed. If the minor’s permanent address is elsewhere, both addresses should be given.
    
3. Date of birth.
    
4. Evidence in writing of any consent of the parent or person standing in place of the parent of the minor, if consent is required.

The Fair Labor Standards Act extends minimum wage provisions to farm employees, including minors, whose employer used more than 500 man-days of farm labor during any calendar quarter of the previous calendar year. Unless otherwise exempt, employees covered by the minimum wage provisions must be paid at least the minimum wage.

Farm workers are not subject to the overtime pay provisions of the Act.

No minimum wage and overtime pay is required for the following:

1. Members of the employer’s immediate family.
    
2. Hand harvest laborers paid piece rates in an operation generally recognized as piecework in the region, under both of the following conditions: (1) they go each day to the farm from their permanent residence; and (2) they have been employed in agriculture less than 13 weeks in the previous calendar year.
    
3. Migrant hand harvest laborers 16 years of age or under who are employed on the same farm as their parents and under both of the following conditions: (1) they are paid piece rate in an operation generally recognized as piecework in the region; and (2) the piece rate is the same as that paid workers over the age of 16.
    
4. Employees principally engaged in the range production of livestock.

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 in the U.S. Government listing. These offices also supply publications free of charge.

• Susan E. Bender, Trinity High School, 321 Park Avenue, Washington, PA 15301
• Joseph R. Biondo, CWCTC, 240 Arona Road, New Stanton, PA 15672
• Lynn Birnie, West Allegheny High School, Imperial, PA 15126
• Marie Brancho, Ambridge Area High School, Ambridge, PA 15003
• Debbie L. Grindle, CWCTC, 240 Arona Road, New Stanton, PA 15672
• Earl R. Moss, McKeesport Area Technology Center, McKeesport, PA 15132
• James N. Nesser, Yough High School, 99 Lowber Road, Hermine, PA 15637
• Ronald C. Obremski, McKeesport Schools, 2225 Fifth Ave., McKeesport, PA 15132
• Cary Phillippi, Somerset County Area Tech Center, 281 Tech Rd, Somerset, PA 15501
• Ray Tristano, Ridge Avenue Vo-Tech Center, Pgh., PA 15212
• Jay Trower, Langley High School, 2940 Sheraden Blvd., Pgh., PA 15204
• Bob Washabaugh, Fayette Area Vo-Tech School, Uniontown, PA 15401

• Beth Arnold, Freedom Area School District, 1190 Bulldog Drive, Freedom, PA 15042
• Marilyn Brown, Wattsburg Area Middle School, 10774 Wattsburg Road, Erie, PA 16509
• Stacey Burk, Butler County AVTS, 210 Campus Lane, Butler, PA 16001
• Perry Dawson, Knoch High School, PO Box 628, Saxonburg, PA 16056
• Barbara Fields, Butler County AVTS, 210 Campus Lane, Butler, PA 16001
• Joyce Holzhauser, Butler County AVTS, 210 Campus Lane, Butler, PA 16001
• Juliann Galmarini Mangino, Director
• Lawrence County School-To-Work, 750 Phelps Way, New Castle, PA 16101
• Tinamarie Trucco, School-To-Work
• Specialist/Program Coordinator, Crawford County Local Partnership