The proposed rule will also modify ch. DWD 270 to remove or modify outdated references, update terminology, and make other minor revisions necessary to conform to federal regulations and state statute. Current language identifying prohibited employment in ch. DWD 270 is out of step with federal rules. To conform to federal regulations under the Fair Labor Standards Act (FLSA) the proposed rule will: • Expand prohibitions related to logging and sawmills to include forest fire fighting.
• Incorporate provisions of FLSA that allow minors, under specified conditions, to use power-driven equipment to process wood products.
• Clarify that the prohibition on use of Power-Driven Hoisting Equipment includes tending, riding upon, working from, repairing, servicing, or disassembling an elevator, crane, derrick, manlift, hoist, or high-lift truck. Expands the definitions of “high-lift truck” to include backhoes, front-end loaders, and similar pieces of equipment.
• Clarify that the Meat Processing prohibitions include work in poultry slaughtering establishments.
• Allow minors to operate portable countertop mixers similar to those used in private homes.
• Allow minors to operate certain pizza-dough rollers under certain conditions.
• Clarify that use of all balers and compactors is prohibited, including those not designed or used to process paper; clarifies the exemption that allows minors to load only certain scrap paper balers and paper box compactors.
• Clarify that chain saws, reciprocating saws, wood chippers, and abrasive cutting discs are prohibited to all minors.
• Codify a U.S. Department of Labor enforcement position that allows minors to work as lifeguards, swimming instructors and aides at age 15 if they possess safety certification.
• Clarify that minors aged 16 and 17 may operate skid-steers and similar lifts in agricultural employment.
• Permit minors to operate a key-cutting machine if it has a properly equipped and functioning key saw guard.
The alternative to proceeding with this rule is to do nothing, which would leave the unchanged provisions that are out-of-date in conflict with state statutes and federal regulations.
Detailed explanation of statutory authority for the rule, including the statutory citation and language
Sec. 103.66 (1) and (2), Wis. Stats., provides in part as follows:
"(1) The department may investigate, determine and fix reasonable classifications of employments, places of employment and minimum ages for hazardous employment for minors, and may issue general or special orders prohibiting the employment of minors in employments or places of employment prejudicial to the life, health, safety or welfare of minors, and may carry out the purposes of ss. 103.64 to 103.82. . . ." (2) The department may investigate and fix reasonable classifications of employments and hours of employment for minors under 16 years of age and may issue general or special orders fixing for those minors maximum hours of employment per day and per week, maximum days of employment per week, hours at which employment may begin and end, and the duration of lunch and other rest periods as are necessary to protect the life, health, safety, and welfare of those minors. . . ."
Estimate of amount of time that state employees will spend developing the rule, and other resources necessary to develop the rule
The total amount of staff time is estimated to be 150 hours.
List with description of all entities that may be affected by the proposed rule
The proposed rule would affect employers or organizations that employ minors, school districts, parents, and volunteer child labor work permit offices.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
The Fair Labor Standards Act establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State and local governments. The provisions under FLSA are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being. 29 C.F.R. 570 regulates the child labor provisions under FLSA. The proposed rule will modify and update ch. DWD 270 to conform to standards specified by FLSA and 29 C.F.R. 570.
Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses)
The proposed rule will make regulatory compliance easier. The rule will not have a significant economic impact on a substantial number of small businesses.
Contact Person: Jim Chiolino, DWD Equal Rights Division
P. O. Box 8928, Madison WI 53708
(608) 266-3345
