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Wage and Hour Division (WHD)

Child Labor Final Rule, Nonagricultural Employment 16- and 17-Year Olds—Major Changes

 
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CURRENT RULE

Hazardous Occupations
29 CFR Part 570, Subpart E
Prior to July 19, 2010

FINAL RULE

Hazardous Occupations
29 CFR Part 570, Subpart E
Effective on July 19, 2010

HO 4 (Logging and Sawmilling)—Currently bans most work in logging and in the operation of a sawmill.

HO 4 Expands prohibitions to include most work in: forest fire fighting; forest fire prevention that is performed in conjunction with extinguishing an actual fire; forestry services, including forest economics and marketing; and timber tract management.  Also incorporates into the HO the provisions of FLSA section 13(c)(7), which allows certain youths to work, under specified conditions, inside and outside of businesses that use power-driven equipment to process wood products.

HO 7 (Power-Driven Hoisting Equipment)—Prohibit minors from operating power-driven hoisting devices such as cranes, derricks, hoists, high-lift trucks, manlifts, and freight elevators.

HO 7 Expands current hazardous order to prohibit youth from tending, riding upon, working from, repairing, servicing, or disassembling an elevator, crane, derrick, manlift, hoist, or high-lift truck.  Expands definition of high-lift trucks to include backhoes, front-end loaders, skid loaders, skid-steer loaders, Bobcat loaders, and stacking trucks.  Expands definition of manlift to prohibit use of truck- or equipment-mounted aerial platforms known as scissor lifts, boom-type mobile elevating work platforms, work assist vehicles, cherry pickers, basket hoists, and bucket trucks.  Removes previous exception that allowed youth to operate certain hoists of less than one ton capacity.

HO 10 (Meat Processing and Power-Driven Meat Processing Machines)—Currently prohibits employment in slaughtering, meat processing, and rendering occupations.  Also prohibits the operation of most power-driven meat processing equipment, such as meat slicers, in all types of establishments.

HO 10 Expands the prohibitions to include work in poultry slaughtering establishments as well as in establishments that manufacture or process meat or poultry products.  Clarifies that minors under 18 may not clean power-driven meat processing equipment, or the parts of such equipment, even when the equipment is assembled and disassembled by an adult.

 

CURRENT RULE

Hazardous Occupations
29 CFR Part 570, Subpart E
Prior to July 12, 2010

FINAL RULE

Hazardous Occupations
29 CFR Part 570, Subpart E
Effective on July 12, 2010

HO 11 (Power-Driven Bakery Equipment)—Currently, minors may not operate portable counter top mixers that are similar to those used in private homes.

HO 11 Allows minors to operate portable counter top mixers that are similar to those used in private homes.  Also incorporates into the regulations a Department of Labor enforcement position that allows minors to operate certain pizza-dough rollers under specific conditions.

HO 12 (Balers and Compactors, and paper products processing machines)—Current HO prohibits minors from operating and unloading certain scrap paper balers and paper box compactors and contains a limited exemption that permits minors to load certain balers and compactors under specified conditions.

HO 12 Final Rule expands the hazardous order to prohibit the operation and loading of all balers and compactors, including those not designed or used to process paper; and clarifies the limited statutory exemption that permits minors to only load certain scrap paper balers and paper box compactors, and then only in accordance with the provisions of FLSA section 13(c)(5).

HO 14 (Band Saws, Circular Saws, Guillotine Shears)—Current rule prohibits minors from operating or helping to operate band saws, circular saws, and guillotine shears.

HO 14 Final Rule expands the prohibited equipment to include chain saws, reciprocating saws, wood chippers, and abrasive cutting discs.  These prohibitions apply regardless of the materials being processed by the named equipment.