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(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)(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)4.4. Lawn and garden equipment, including power–driven mowers or cutters and sidewalk-type snow blowers. 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)4.4. Operating, but not cleaning or repairing, a photo-processing machine with an automatic feed. 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(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 HistoryHistory: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04. DWD 270.14DWD 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 NoteNote: 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)(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)(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. DWD 270.14(3)(f)6.6. DWD 270.12 (17) Logging, sawmill, lath mill, shingle mill, or cooperage stock mill. DWD 270.14 HistoryHistory: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04. DWD 270.15DWD 270.15 Employment of minors in farming. DWD 270.15(1)(1) No minor under 12 years of age may be employed or permitted to work in farming. DWD 270.15(2)(2) The presence of a minor under 12 at the place where a parent or guardian is employed in farming, if merely for the purpose of supervision by the parent or guardian, is not prohibited by this section. DWD 270.15(3)(3) Sections 103.64 to 103.82, Stats., and this chapter do not apply to the employment of a minor engaged in farm work performed outside school hours in connection with the minor’s own home farm and directly for his or her parent or guardian, or on another farm, with the consent of minor’s parent or guardian where the farm work is primarily an exchange of labor with another farmer. DWD 270.15 HistoryHistory: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04. DWD 270.16DWD 270.16 First processing of perishable fruits and vegetables. Section 103.68, Stats., and s. DWD 270.11 are modified as provided under s. 103.66, Stats., regulating the hours of employment of minors 16 and 17 years of age, including minors covered by s. DWD 270.11 (4), in canning and freezing establishments during first processing of perishable fruits and vegetables as follows: DWD 270.16(1)(1) Hours of labor. Minors 16 and 17 years of age may not be required nor permitted to work more than 9 hours in any day nor more than 54 hours in any week, except: DWD 270.16(1)(a)(a) During not more than 18 weeks per year, canning and freezing establishments may employ a minor 16 or 17 years of age more than 9 hours per day, more than 6 days per week, and more than 54 hours per week, but not more than 60 hours per week for 14 weeks and not more than 70 hours per week for 4 weeks if the employment does not result in any undue hazard to the minor’s health and the minor is paid not less than 1 1/2 times the minor’s regular rate of pay for hours worked over 40 hours per week.
/code/admin_code/dwd/270_279/270
true
administrativecode
/code/admin_code/dwd/270_279/270/13/17/a
Department of Workforce Development (DWD)
Chs. DWD 270-279; Labor Standards
administrativecode/DWD 270.13(17)(a)
administrativecode/DWD 270.13(17)(a)
section
true
