Wisconsin Legislature: DWD 270.14(2)(a)

(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.

(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.

(15) Power-driven machinery.

(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).

(b) For purposes of this subsection, the term “power-driven machinery” includes all of the following:

1. Drill presses; grinder wheels; lathes; portable power–driven machinery, such as drills and sanders; and floor maintenance equipment, such as polishers and scrubbers.

2. Welding, including spot welding in manufacturing operations.

3. Tending of hoisting apparatus.

4. Lawn and garden equipment, including power–driven mowers or cutters and sidewalk-type snow blowers.

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.

2. Lawn and garden equipment used by students in a bona fide student learner program.

3. Office machines.

4. Operating, but not cleaning or repairing, a photo-processing machine with an automatic feed.

5. For minors 14 years of age and over, vacuum cleaners and floor waxers.

6. For minors 14 years of age and over, machines and devices used in the performance of kitchen work as provided in sub. (10).

(16) Public messenger service. No minor under 16 years of age may be employed in delivery work for a public messenger service.

(17) Racetracks and fairs with pari–mutuel betting. No minor under 16 years of age may be employed in any of the following:

(a) Any occupation or duties at a racetrack where pari–mutuel betting is permitted.

(b) Any occupation or duties in pari–mutuel wagering activities at a fair.

Note: See s. 562.06 (2), Stats.

(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.

(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.

(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.

(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.

History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

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:

(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.

(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:

(a) Section DWD 270.12 (4), Bakery machines.

(b) Section DWD 270.12 (6), Brick, tile, and similar products.

(d) Section DWD 270.12 (11), Explosives.

(e) Section DWD 270.12 (12), Hoists and hoisting apparatus.

(f) Section DWD 270.12 (17), Logging, sawmill, lath mill, shingle mill, or cooperage.

(g) Section DWD 270.12 (18), Meat processing.

(h) Section DWD 270.12 (19), Metal forming, punching and shearing power-driven machines.

(i) Section DWD 270.12 (20), Mining, other than coal.

(j) Section DWD 270.12 (21), Motor vehicle driver and helper.

(k) Section DWD 270.12 (22), Paper-products machines.

(L) Section DWD 270.12 (23), Radioactive substances and ionizing radiations.

(m) Section DWD 270.12 (25), Saws and guillotine shears.

(n) Section DWD 270.12 (27), Woodworking power-driven machines.

(o) Section DWD 270.12 (28), Wrecking, demolition, and shipbreaking.

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.

(3) Student learner.

(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.

(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.

(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:

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.

2. That the work shall be under the direct and close supervision of a qualified and experienced person.

3. That safety instructions will be given by the school and correlated by the employer with on–the–job training.

4. A schedule of organized and progressive work processes to be performed on the job.

(d) A child labor permit under s. DWD 270.05 shall be obtained for each student learner.

(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.

(f) A student learner may be employed in the occupations otherwise prohibited under ss. DWD 270.12 and 270.13 except the following:

1. DWD 270.12 (4) Bakery machines.

2. DWD 270.12 (6) Brick, tile, and similar products.

3. DWD 270.12 (8) Coal mine.

4. DWD 270.12 (11) Explosives.

5. DWD 270.12 (12) Hoists and hoisting apparatus.

6. DWD 270.12 (17) Logging, sawmill, lath mill, shingle mill, or cooperage stock mill.

7. DWD 270.12 (20) Mining, other than coal.

8. DWD 270.12 (21) Motor vehicle driver and outside helper.

9. DWD 270.12 (23) Radioactive substances and ionizing radiations.

10. DWD 270.12 (26) Strikes and lockouts.

11. DWD 270.12 (28) Wrecking, demolition, and shipbreaking.

12. DWD 270.13 (8) Gun clubs.

13. DWD 270.13 (13) Manufacturing, mining, or processing occupations.

History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

DWD 270.15 Employment of minors in farming.

(1) No minor under 12 years of age may be employed or permitted to work in farming.

(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.

(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.

History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

DWD 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:

(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:

(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.

(b) The time-of-day restrictions in s. DWD 270.11 (2) (d) shall not apply to minors 16 and 17 years of age employed under the provisions of par. (a).

(2) Rest periods. Each 16- and 17-year-old minor shall be given a period of rest of at least 7 consecutive hours from the ending of work on any day to the beginning of work or the beginning of school the next day.

(3) Meal periods. At least 30 minutes shall be allowed for each meal period reasonably close to the usual meal period time; namely, 6:00 a.m., 12:00 noon, 6:00 p.m., 12:00 midnight or near the middle of a shift. In no case may a minor be employed or permitted to work more than 6 consecutive hours without a meal period.

(4) Definitions. For the purpose of this section:

(a) “Day” means the 24 hours beginning at 6:00 a.m. of each calendar day.

(b) “First processing” means processing the perishable fruit or vegetable until it can be safely stored for a reasonable amount of time, as determined on a case-by-case basis.

(c) “Week” means a calendar week or a regular recurring period of 168 hours in the form of 7 consecutive 24–hour periods.

(5) Hours, before and after season. The hours of work for minors 16 and 17 years of age employed in canning and freezing establishments before and after the season of first processing of perishable fruits and vegetables shall be as provided in s. DWD 270.11.

(6) Waiver or modification.

(a) The department may grant a waiver or modification of this section if the department determines that practical difficulties or unnecessary hardships may result from compliance with this section based on existing circumstances, and a waiver will not be dangerous or prejudicial to the life, health, safety, or welfare of the employees.

(b) If a collective bargaining agreement exists, the department will consider a waiver or modification of this section only if the request is agreed to by management and labor.