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. DWD 270.16(2)(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. DWD 270.16(3)(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. DWD 270.16(4)(a)(a) “Day” means the 24 hours beginning at 6:00 a.m. of each calendar day. DWD 270.16(4)(b)(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. DWD 270.16(4)(c)(c) “Week” means a calendar week or a regular recurring period of 168 hours in the form of 7 consecutive 24–hour periods. DWD 270.16(5)(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. DWD 270.16(6)(a)(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. DWD 270.16(6)(b)(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. DWD 270.16 HistoryHistory: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04. DWD 270.17(1)(1) Any minor on a golf course for the purpose of caddying for or while caddying for a person permitted to play golf on the course shall be deemed an employee of the golf club or other person, partnership, association, or corporation, including the state and any municipal corporation or other political subdivision thereof, operating the golf course. DWD 270.17(2)(2) The labor permit issued by the department or a permit officer allowing a minor to be employed as a caddy by the golf club named in the permit shall be deemed to allow the employment of the minor named in the permit as a caddy by the golf club on whose course inter–club matches, inter–service club matches, or special events for non-members are being held during the duration of the matches or events if the club on whose course the matches or events are being held secures from the club to whom the permit or permits were issued a list of the caddies transferred before the club employs the caddies. This list shall contain the name, address, and date of birth of each minor transferred, together with the date of issuance of the permit, the name of the golf club to which it was issued, and the name of the golf club to which the minor was transferred. The golf club to which the permit or permits were issued shall keep on file at the club a duplicate of the list. The golf club to which the caddy or caddies are transferred shall add to the list the dates the club employed each minor named in the list and shall keep the list on file at the club. DWD 270.17 HistoryHistory: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04. DWD 270.18(1)(1) A minor may volunteer services for a nonprofit organization with the written consent of the minor’s parent and under the supervision of a responsible adult. DWD 270.18(2)(2) No minor may volunteer in an occupation or place of employment deemed dangerous or prejudicial to the life, health, safety or welfare of the minor or other employees or frequenters as specified in ss. DWD 270.12 and 270.13. DWD 270.18(3)(3) The organization for which the volunteer is serving shall provide insurance for on-duty injuries that may occur to the volunteer. The department recommends that organizations obtain liability coverage to protect the volunteer in the event that the volunteer causes an injury to a third party. DWD 270.18(4)(4) Minor volunteers may not be used to replace a paid employee. DWD 270.18(5)(5) In this section, “volunteer service” includes service to a nonprofit organization under the graduation requirements of a school or school district. DWD 270.18 HistoryHistory: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04. DWD 270.19(1)(1) Specific allowable activities. A student may perform worklike activities in his or her own elementary or secondary school, with or without compensation, which shall not constitute employment if all of the following conditions are met: DWD 270.19(1)(a)(a) The student helps in the school lunchroom or cafeteria, cleans a classroom, acts as a hall monitor, or performs minor clerical work in the school office or library. DWD 270.19(1)(b)(b) The student may perform the activities listed in par. (a) for periods of one hour or less on days that school is in session. The student may perform the activities listed in par. (a) for longer periods on days that school is not in session but may not perform the activities for longer hours on more than a four consecutive days. The annual total time that the student performs the activities listed in par. (a) shall not exceed the equivalent of one hour per school day in any school year as defined in s. 115.001 (13), Stats. DWD 270.19(1)(d)(d) The student does not displace a regular employee or reduce previously existing employment opportunities by performing work that would otherwise be performed by regular employees. DWD 270.19(2)(2) Conditions for other student worklike activities. A student may perform worklike activities, other than those listed in sub. (1) (a), in his or her own elementary or secondary school, with or without compensation, which shall not constitute employment if all of the following conditions are met: DWD 270.19(2)(a)(a) The primary purpose is educational and the activity is conducted primarily for the benefit of the student. DWD 270.19(2)(b)(b) The time in attendance at school plus the time spent at the activity does not exceed the time that the student would be required to attend school under a normal academic schedule by more than one hour per day. DWD 270.19(2)(d)(d) The student does not displace a regular employee or reduce previously existing employment opportunities by performing work that would otherwise be performed by regular employees. DWD 270.19 HistoryHistory: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.
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