DWD 270.12(6)(b)3. 3. “Silica brick or other silica refractories" means refractory products produced from raw materials containing free silica as their main constituent.
DWD 270.12(7) (7) Confined space.
DWD 270.12(7)(a)(a) No minor may be employed in any occupation or have duties in an environment which by design or construction has limited openings for entry and egress, has unfavorable natural ventilation, could reasonably be believed by the employer to have dangerous air contaminants or contain materials that may produce dangerous air contaminants, and is not intended for human occupancy.
DWD 270.12(7)(b) (b) Confined spaces include, but are not limited to, storage tanks, compartments of ships, process vessels, pits, silos, vats, degreasers, reaction vessels, boilers, ventilation and exhaust ducts, manholes, sewers, underground utility vaults, and pipelines. Confined spaces do not include heating system tunnels and heating system vaults.
DWD 270.12(8) (8) Coal mine.
DWD 270.12(8)(a)(a) Prohibition and exception. No minor may be employed in any occupation in or about a coal mine, except the occupation of 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 on the surface of a coal mining plant.
DWD 270.12(8)(b) (b) Definitions. For the purpose of this subsection:
DWD 270.12(8)(b)1. 1. “Any occupation in or about a coal mine" means all types of work performed in any underground working, open–pit, or surface part of any coal mining plant that involves the extraction, grading, cleaning, or other handling of coal.
DWD 270.12(8)(b)2. 2. “Coal" means any rank of coal, including lignite, bituminous, and anthracite coals.
DWD 270.12(9) (9) Excavation operations. No minor may be employed in any of the following occupations in excavation operations:
DWD 270.12(9)(a) (a) Excavating, working in, or backfilling trenches, except manually excavating or manually backfilling trenches that do not exceed 4 feet in depth at any point, or working in trenches that do not exceed 4 feet in depth at any point.
DWD 270.12(9)(b) (b) Excavating for buildings or other structures or working in such excavations, except manually excavating to a depth not exceeding 4 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.
DWD 270.12(9)(c) (c) Working within tunnels prior to the completion of all driving and shoring operations.
DWD 270.12(9)(d) (d) Working within shafts prior to the completion of all sinking and shoring operations.
DWD 270.12(10) (10) Exotic dancer. No minor may be employed as an exotic dancer.
DWD 270.12(11) (11) Explosives.
DWD 270.12(11)(a)(a) Prohibition. No minor may be employed in any occupation in or about plants or establishments manufacturing or storing explosives or articles containing explosive components except as provided in par. (b).
DWD 270.12(11)(b) (b) Exceptions.
DWD 270.12(11)(b)1.1. A minor may be employed in a retail establishment in which explosives are sold.
DWD 270.12(11)(b)2. 2. A minor may be employed in 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:
DWD 270.12(11)(b)2.a. a. All occupations involved in the manufacturing, mixing, transporting, or handling of explosive compounds in the manufacture of small arms ammunition and all other occupations requiring the performance of any duties in the explosives area in which ex-plosive compounds are manufactured or mixed.
DWD 270.12(11)(b)2.b. b. All occupations involved in the manufacturing, transporting, or handling of primers and all other occupations requiring the performance of any duties in the same building in which primers are manufactured.
DWD 270.12(11)(b)2.c. c. All occupations involved in the priming of cartridges and all other occupations requiring the performance of any duties in the same workroom in which rim–fire cartridges are primed.
DWD 270.12(11)(b)2.d. d. All occupations involved in the plate loading of cartridges and in the operation of automatic loading machines.
DWD 270.12(11)(b)2.e. e. All occupations involved in the loading, inspecting, packing, shipping, and storage of blasting caps.
DWD 270.12(11)(b)3. 3. A minor may be employed in occupations performed in an area that meets all of the following criteria:
DWD 270.12(11)(b)3.a. a. None of the work performed in the area involves the handling or use of explosives.
DWD 270.12(11)(b)3.b. b. The area is separated from the explosives area by a distance not less than that prescribed in the American Table of Distances for the protection of inhabited buildings.
DWD 270.12(11)(b)3.c. c. The area is separated from the explosives area by a fence or is otherwise located so that it constitutes a definite designated area.
DWD 270.12(11)(b)3.d. d. Satisfactory controls have been established to prevent employees under 18 years of age within the area from entering any area in or about the plant that does not meet criteria of subd. 3. a. to c.
DWD 270.12(11)(c) (c) Definitions. For the purpose of this subsection:
DWD 270.12(11)(c)1. 1. “Explosives" and “articles containing explosive components" include ammunition, black powder, blasting caps, fireworks, high explosives, primers, smokeless powder, and all goods classified and defined as explosives by the federal Bureau of Alcohol, Tobacco Firearms and Explosives.
DWD 270.12(11)(c)2. 2. “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, processing, or storing of explosives or articles containing explosive components.
DWD 270.12 Note Note: The Bureau of Alcohol, Tobacco, Firearms and Explosives annually publishes in the Federal Register a list of explosives determined to be within the coverage of 18 USC Chapter 40, Importation, Manufacture, Distribution and Storage of Explosive Materials.
DWD 270.12(12) (12) Hoists and hoisting apparatus.
DWD 270.12(12)(a) (a) Prohibitions. Except as provided in par. (c), no minor may be employed in the following occupations involved in the operation of power–driven hoisting apparatus:
DWD 270.12(12)(a)1. 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–ton capacity except as specified in par. (c).
DWD 270.12(12)(a)2. 2. Work which involves riding on a man lift or on a freight elevator, except a freight elevator operated by an assigned operator.
DWD 270.12(12)(a)3. 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.
DWD 270.12(12)(b) (b) Definitions. For the purpose of this subsection:
DWD 270.12(12)(b)1. 1. “Crane" means 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, locomotive, motortruck, overhead traveling, pillar jib, pintle, portal, semigantry, semiportal, storage bridge, tower, walking jib and wall cranes.
DWD 270.12(12)(b)2. 2. “Derrick" means 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 or operating ropes. The term shall include all types of derricks, such as A–frame, breast, Chicago boom, gin–pole, guy and stiff–leg derricks.
DWD 270.12(12)(b)3. 3. “Elevator" means 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 not including dumb-waiters.
DWD 270.12(12)(b)4. 4. “High–lift truck" means 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, forktrucks, 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.
DWD 270.12(12)(b)5. 5. “Hoist" means 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. “Hoist" includes all types of hoists, such as base mounted electric, clevis suspension, hook suspension, monorail, overhead electric, simple drum, and trolley suspension hoists.
DWD 270.12(12)(b)6. 6. “Manlift" means 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 operating in a substantially vertical direction and being supported by and driven through pulleys, sheaves or sprockets at the top and bottom.
DWD 270.12(12)(c) (c) Exceptions.
DWD 270.12(12)(c)1.1. Minors 16 and 17 years of age may operate floor jacks, service jacks, hand jacks, drive-on lifts, and arm lifts used in conjunction with repairing or servicing motor vehicles.
DWD 270.12(12)(c)2. 2. Minors may operate an automatic elevator and an automatic signal operation elevator if the elevator meets all of the following criteria:
DWD 270.12(12)(c)2.a. a. 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.
DWD 270.12(12)(c)2.b. b. All hoistway openings at floor level have doors that are interlocked with the car door so as to prevent the car from starting until all the doors are closed and locked.
DWD 270.12(12)(c)2.c. c. The elevator, other than hydraulic elevators, is equipped with a device that will stop and hold the car in case of overspeed or if the cable slackens or breaks.
DWD 270.12(12)(c)2.d. d. The elevator is equipped with upper and lower travel limit devices that will normally bring the car to rest at either terminal and a final limit switch that will prevent the movement in either direction and will open in case of excessive overtravel by the car.
DWD 270.12(12)(c)3. 3. For the purpose of subd. 2.:
DWD 270.12(12)(c)3.a. a. “Automatic elevator" means a passenger elevator, a freight elevator, or a combination passenger–freight elevator, the operation of which is controlled by pushbuttons in such a manner that the starting, going to the landing selected, leveling and holding, and the opening and closing of the car and hoistway doors are entirely automatic.
DWD 270.12(12)(c)3.b. b. “Automatic signal operation elevator" means an elevator that is started in response to the operation of a switch, such as a lever or pushbutton, in the car which when operated by the operator actuates a starting device that automatically closes the car and hoistway doors so that from that point on, the movement of the car to the landing selected, the leveling and holding when it gets there, and the opening of the car and hoistway doors are entirely automatic.
DWD 270.12(13) (13) Infectious agent. No minor may be employed in any occupations or duties involving exposure to infectious agents as defined in s. 101.58 (2) (f), Stats., and specified in ch. SPS 335.
DWD 270.12(14) (14) Lifeguards, swimming instructors and aides. Minors 16 and 17 years of age may not be employed as lifeguards and swimming instructors and aides unless they have successfully completed a bona fide life saving course. Minors 14 and 15 years of age may not be employed as lifeguards and swimming instructors and aides.
DWD 270.12(15) (15) Liquor. No minor may be employed in establishments where liquor is present, except minors 14 to 17 years old may be employed in occupations that do not involve serving, selling, dispensing, or giving away the liquor or acting as bouncers, crowd controllers, or identification checkers.
DWD 270.12(16) (16) Lead . No minor may be employed in any occupation involving exposure to lead, including radiator manufacture and repair, battery manufacture and recycling, removal of lead-based paint, soldering, and welding.
DWD 270.12(17) (17) Logging, sawmill, lath mill, shingle mill, or cooperage stock mill.
DWD 270.12(17)(a) (a) Logging prohibitions and exceptions. No minor may be employed in any occupation in logging, including the felling or bucking of timber, the collecting or transporting of logs, the operation of chain saws and other power–driven machinery, the handling or use of explosives, and work on trestles. This prohibition does not apply to any of the following:
DWD 270.12(17)(a)1. 1. Work in offices or in repair or maintenance shops related to logging.
DWD 270.12(17)(a)2. 2. Work in the construction, operation, repair, or maintenance of living and administrative quarters of logging camps.
DWD 270.12(17)(a)3. 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.
DWD 270.12(17)(a)4. 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 subsection.
DWD 270.12(17)(a)5. 5. Work in the feeding or care of animals related to logging.
DWD 270.12(17)(b) (b) Sawmill, lath mill, shingle mill, and cooperage–stock mill prohibitions and exceptions.
DWD 270.12(17)(b)1.1. No minor may be employed in any occupation in the operation of any sawmill, lath mill, shingle mill, or cooperage–stock mill.
DWD 270.12(17)(b)2. 2. Except as provided in subd. 3., subd. 1. does not apply to any of the following work related to any permanent sawmill or the operation of any lath mill, shingle mill, or cooper-age–stock mill:
DWD 270.12(17)(b)2.a. a. Work in offices or in repair or maintenance shops.
DWD 270.12(17)(b)2.b. b. Straightening, marking, or tallying lumber on the dry chain or the dry drop sorter.
DWD 270.12(17)(b)2.c. c. Pulling lumber from the dry chain.
DWD 270.12(17)(b)2.d. d. Clean–up in the lumberyard.
DWD 270.12(17)(b)2.e. e. Piling, handling, or shipping of cooperage stock in yards or storage sheds, other than operating or assisting in the operation of power–driven equipment.
DWD 270.12(17)(b)2.f. f. Clerical work in yards or shipping sheds, such as done by orderpersons, tallypersons, and shipping clerks.
DWD 270.12(17)(b)3. 3. Subdivision 2. does not apply to work that involves entering the sawmill building or to a combined portable sawmill and lumberyard, the lumberyard of which is used only for the temporary storage of green lumber.
DWD 270.12(17)(c) (c) Definitions. For the purpose of this subsection:
DWD 270.12(17)(c)1. 1. “All occupations in logging" means 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 these 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 does not include work performed in timber culture, timber stand improvement, or in emergency fire–fighting.
DWD 270.12(17)(c)2. 2. “All occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage–stock mill" means all work performed in or about any such mill in connection with storing of logs and bolts; converting logs or bolts into sawn lumber, laths, shingles, or cooperage stock; storing, drying, and shipping lumber, laths, shingles, cooperage stock, or other products of such mills; and other work performed in connection with the operation of any sawmill, lath mill, shingle mill, or cooperage–stock mill. The term shall not include work performed in the planing–mill department or other remanufacturing departments of any sawmill, or in any planing mill or remanufacturing plant not a part of a saw-mill.
DWD 270.12(18) (18) Meat processing.
DWD 270.12(18)(a)(a) Prohibitions. No minor may be employed in any of the following occupations in or about slaughtering and meat packing establishments; rendering plants; or wholesale, retail, or service establishments:
DWD 270.12(18)(a)1. 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 that require entering such workrooms or workplaces infrequently and for short periods of time.
DWD 270.12(18)(a)2. 2. All occupations involved in the recovery of lard and oils, except packaging and shipping of such products and the operation of lard–roll machines.
DWD 270.12(18)(a)3. 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.
DWD 270.12(18)(a)4. 4. All occupations involved in setting–up, adjusting, operating, repairing, oiling, feeding, or cleaning any of the following power–driven meat–processing machines, regardless of the product being processed:
DWD 270.12(18)(a)4.a. a. Meat patty forming machines.
DWD 270.12(18)(a)4.b. b. Meat and bone cutting saws.
DWD 270.12(18)(a)4.c. c. Power knives, except bacon–slicing machines.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.