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DWD 270.12(25)(b)5. 5. "Helper" means a person who assists in the operation of a machine covered by this subsection by helping to place materials into or helping to remove them from the machine.
DWD 270.12(25)(b)6. 6. "Machines equipped with full automatic feed and ejection" means machines covered by this subsection that 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.
DWD 270.12(25)(b)7. 7. "Operator" means a person who operates a machine covered by this subsection 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 the operation of the machine.
DWD 270.12(26) (26)Strikes and lockouts. No minor may be employed in any occupations or activities, including picketing, performed in or on the premises of any establishment where a strike or lockout is in active progress.
DWD 270.12(27) (27)Woodworking power–driven machines.
DWD 270.12(27)(a)(a) Prohibition. No minor may be employed in any of the following occupations involved in the operation of power–driven woodworking machines:
DWD 270.12(27)(a)1. 1. The occupation of operating power–driven woodworking machines, including supervising or controlling the operation of these machines, feeding material into these machines, and helping the operator to feed material into these machines but not including the placing of material on a moving chain or in a hopper or slide for automatic feeding.
DWD 270.12(27)(a)2. 2. The occupations of setting up, adjusting, repairing, oiling, or cleaning power–driven woodworking machines.
DWD 270.12(27)(a)3. 3. The occupations of off–bearing from circular saws and from guillotine–action veneer clippers.
DWD 270.12(27)(b) (b) Definitions. For the purpose of this subsection:
DWD 270.12(27)(b)1. 1. "Off–bearing" means the removal of material or refuse directly from a saw table or from the point of operation. "Off-bearing" does not include any of the following:
DWD 270.12(27)(b)1.a. 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.
DWD 270.12(27)(b)1.b. b. The following operations when they do not involve the removal of material or refuse directly from a saw table or from the 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.
DWD 270.12(27)(b)2. 2. "Power–driven woodworking machines" means 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.
DWD 270.12(28) (28)Wrecking, demolition, and shipbreaking.
DWD 270.12(28)(a)(a) Prohibition. No minor may be employed in any occupation in wrecking, demolition, and ship-breaking operations.
DWD 270.12(28)(b) (b) Definition. For the purpose of this subsection, the term "wrecking, demolition, and ship-breaking operations" means all work, including clean–up 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, or motor vehicle.
DWD 270.12 History History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04; correction in (2) (b) 2. (intro.) made under s. 13.92 (4) (b) 7., Stats; correction in (13) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674.
DWD 270.13 DWD 270.13 Hazardous employment prohibited to minors under 16 years of age. The employment of minors under 16 years of age in the following occupations or places of employment shall be deemed to be dangerous or prejudicial to the life, health, safety, or welfare of the minor and other employees or frequenters, except as provided in s. DWD 270.14. No employer may employ or permit a minor under 16 years of age to work in the following occupations or places of employment:
DWD 270.13(1) (1)Airports. No minor under 16 years of age may be employed in or about a landing strip or taxi or maintenance apron at an airport.
DWD 270.13(2) (2)Boiler and engine rooms. No minor under 16 years of age may be employed in a boiler or engine room.
DWD 270.13(3) (3)Cars and trucks. No minor under 16 years of age may be employed in connection with cars and trucks, 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, and excluding work by a minor 14 years of age or over in dispensing gasoline and oil, courtesy service, car cleaning, and washing and polishing.
DWD 270.13(4) (4)Communications and public utilities. No minor under 16 years of age may be employed in an occupation in connection with communications and public utilities, except for office or sales work.
DWD 270.13(5) (5)Construction. No minor under 16 years of age may be employed in an occupation in connection with construction, including demolition and repair, except for office or sales work not at the actual construction site.
DWD 270.13(6) (6)Farming. No minor under 16 years of age may be employed in any of the following occupations in farming:
DWD 270.13(6)(a) (a) Operating or assisting in the operation of machinery, including, but not limited to, farm type tractors and other self-propelled vehicles, except those minors trained under either the 4-H federal extension service or the U.S. office of education vocational agriculture training programs may work on equipment permitted by their certificate of training.
DWD 270.13(6)(b) (b) Any occupation in farming that the U.S. secretary of labor finds and declares to be particularly hazardous for the employment of minors below the age of 16.
DWD 270.13 Note Note: See 29 CFR 570.71.
DWD 270.13(7) (7)Freezers and meat coolers. No minor under 16 years of age may be employed in a freezer or meat cooler or any work in the preparation of meats for sale, except minors 14 years of age and over may be employed in wrapping, sealing, labeling, weighing, pricing, and stocking goods when performed in areas separate from a freezer or meat cooler or other work preparing meats for sale.
DWD 270.13(8) (8)Gun clubs. No minor under 16 years of age may be employed as a skeet and trap loader at a gun club.
DWD 270.13(9) (9)Hospitals and nursing homes. No minor under 16 years of age may be employed in occupations that involve the personal care of patients in hospitals or nursing homes.
DWD 270.13(10) (10)Kitchen work. No minor under 16 years of age may be employed in an occupation involving cooking unless with direct adult supervision, except a minor 14 years of age and over may be employed in kitchen work involved in preparing and serving food and beverages without adult supervision, including the use of dishwashers, toasters, dumbwaiters, microwaves, popcorn poppers, blenders, automatic coffee machines, and devices used to maintain the temperature of prepared foods such as warmers, steam tables, and heat lamps.
DWD 270.13(11) (11)Ladders. No minor under 16 years of age may work on a ladder, scaffold, or similar device more than 6 feet high.
DWD 270.13(12) (12)Loading and unloading. No minor under 16 years of age may be employed in loading and unloading goods to and from trucks, railroad cars, or conveyors.
DWD 270.13(13) (13)Manufacturing, mining, or processing occupations. No minor under 16 years of age may be employed in manufacturing, mining, or processing occupations, including occupations that require the performance of any duties in workrooms or workplaces where goods are manufactured, mined, or otherwise processed.
DWD 270.13(14) (14) Motor vehicle lift. No minor under 16 years of age may operate a motor vehicle lift of any type or work in a pit underneath a motor vehicle.
DWD 270.13(15) (15)Power-driven machinery.
DWD 270.13(15)(a)(a) No minor under 16 years of age may be employed in occupations that involve operating or assisting in the operation of any light power–driven machinery, except as provided in par. (c).
DWD 270.13(15)(b) (b) For purposes of this subsection, the term "power-driven machinery" includes all of the following:
DWD 270.13(15)(b)1. 1. Drill presses; grinder wheels; lathes; portable power–driven machinery, such as drills and sanders; and floor maintenance equipment, such as polishers and scrubbers.
DWD 270.13(15)(b)2. 2. Welding, including spot welding in manufacturing operations.
DWD 270.13(15)(b)3. 3. Tending of hoisting apparatus.
DWD 270.13(15)(b)4. 4. Lawn and garden equipment, including power–driven mowers or cutters and sidewalk-type snow blowers.
DWD 270.13(15)(c) (c) This subsection does not apply to any of the following:
DWD 270.13(15)(c)1. 1. Lawn and garden equipment used in and around the private home of the employer that is not in connection with the employer's trade or business.
DWD 270.13(15)(c)2. 2. Lawn and garden equipment used by students in a bona fide student learner program.
DWD 270.13(15)(c)3. 3. Office machines.
DWD 270.13(15)(c)4. 4. Operating, but not cleaning or repairing, a photo-processing machine with an automatic feed.
DWD 270.13(15)(c)5. 5. For minors 14 years of age and over, vacuum cleaners and floor waxers.
DWD 270.13(15)(c)6. 6. For minors 14 years of age and over, machines and devices used in the performance of kitchen work as provided in sub. (10).
DWD 270.13(16) (16)Public messenger service. No minor under 16 years of age may be employed in delivery work for a public messenger service.
DWD 270.13(17) (17)Racetracks and fairs with pari–mutuel betting. No minor under 16 years of age may be employed in any of the following:
DWD 270.13(17)(a) (a) Any occupation or duties at a racetrack where pari–mutuel betting is permitted.
DWD 270.13(17)(b) (b) Any occupation or duties in pari–mutuel wagering activities at a fair.
DWD 270.13 Note Note: See s. 562.06 (2), Stats.
DWD 270.13(18) (18)Street carnivals and traveling shows. No minor under 16 years of age may be employed in an occupation in connection with street carnivals and traveling shows.
DWD 270.13(19) (19)Transportation. No minor under 16 years of age may be employed in an occupation in connection with the transportation of persons or property by rail, highway, air, water, pipeline, or other means, except for office or sales work that does not involve the performance of any duties on trains, motor vehicles, aircraft, vessels, or other forms of transportation.
DWD 270.13(20) (20)Warehousing and storage. No minor under 16 years of age may be employed in an occupation in connection with warehousing and storage, except for office or sales work.
DWD 270.13(21) (21)Window washing. No minor under 16 years of age be employed to perform outside window washing working from window sills or requiring the use of a ladder more than 6 feet high, any scaffold, or their substitutes.
DWD 270.13 History History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.
DWD 270.14 DWD 270.14 Exemptions to hazardous employment prohibitions. Sections DWD 270.12 or 270.13 shall not apply to a minor 14 through 17 years of age when employed under the following conditions:
DWD 270.14(1) (1)Apprentice. A minor indentured under the provisions of s. 106.01, Stats., shall be exempt from the prohibitions in ss. DWD 270.12 or 270.13 if the minor is performing service within the provisions of a contract of apprentice indenture approved by the department.
DWD 270.14(2) (2)High school graduate. A minor who has graduated from high school or passed the general education development test may be employed in the occupations otherwise prohibited under s. DWD 270.12 except the following:
DWD 270.14(2)(a) (a) Section DWD 270.12 (4), Bakery machines.
DWD 270.14(2)(b) (b) Section DWD 270.12 (6), Brick, tile, and similar products.
DWD 270.14(2)(c) (c) Section DWD 270.12 (8), Coal mine.
DWD 270.14(2)(d) (d) Section DWD 270.12 (11), Explosives.
DWD 270.14(2)(e) (e) Section DWD 270.12 (12), Hoists and hoisting apparatus.
DWD 270.14(2)(f) (f) Section DWD 270.12 (17), Logging, sawmill, lath mill, shingle mill, or cooperage.
DWD 270.14(2)(g) (g) Section DWD 270.12 (18), Meat processing.
DWD 270.14(2)(h) (h) Section DWD 270.12 (19), Metal forming, punching and shearing power-driven machines.
DWD 270.14(2)(i) (i) Section DWD 270.12 (20), Mining, other than coal.
DWD 270.14(2)(j) (j) Section DWD 270.12 (21), Motor vehicle driver and helper.
DWD 270.14(2)(k) (k) Section DWD 270.12 (22), Paper-products machines.
DWD 270.14(2)(L) (L) Section DWD 270.12 (23), Radioactive substances and ionizing radiations.
DWD 270.14(2)(m) (m) Section DWD 270.12 (25), Saws and guillotine shears.
DWD 270.14(2)(n) (n) Section DWD 270.12 (27), Woodworking power-driven machines.
DWD 270.14(2)(o) (o) Section DWD 270.12 (28), Wrecking, demolition, and shipbreaking.
DWD 270.14 Note Note: This subsection does not exempt high school graduates or minors who have passed the GED test from the permit requirement in s. DWD 270.05.
DWD 270.14(3) (3)Student learner.
DWD 270.14(3)(a)(a) Except as provided in par. (f), a student learner shall be exempt from the prohibitions in ss. DWD 270.12 and 270.13 if the student learner is performing service within a bona fide school–work training program sponsored by an accredited school and authorized and approved by the state department of public instruction, the technical college system board, or the department's youth apprenticeship program.
DWD 270.14(3)(b) (b) For the purpose of this subsection, a student learner is a student of an accredited school who is employed on a part–time basis to obtain both scholastic credit and employment training under a bona fide written school–work training program agreement.
DWD 270.14(3)(c) (c) Each school–work training agreement shall contain the name of the student learner; shall be signed by the parent, employer, and school principal; shall be kept on file by both the school and the employer; and shall provide all of the following:
DWD 270.14(3)(c)1. 1. That the work of the student learner in the occupation declared hazardous under ss. DWD 270.12 and 270.13 is incidental to the student learner's training, and shall be intermittent and only for short periods of time.
DWD 270.14(3)(c)2. 2. That the work shall be under the direct and close supervision of a qualified and experienced person.
DWD 270.14(3)(c)3. 3. That safety instructions will be given by the school and correlated by the employer with on–the–job training.
DWD 270.14(3)(c)4. 4. A schedule of organized and progressive work processes to be performed on the job.
DWD 270.14(3)(d) (d) A child labor permit under s. DWD 270.05 shall be obtained for each student learner.
DWD 270.14(3)(e) (e) The department may revoke the exemption under this subsection in a particular place of employment if the department finds that reasonable precautions have not been observed for the safety of a minor employed under a school–work training program agreement.
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