Section 270.12. Hazardous occupations prohibited to all minors.

  The employment of minors in the following occupations or places of employment shall be deemed to be dangerous or prejudicial to the life, health, safety, or welfare of the minor and other employees or frequenters, except as provided in s. DWD 270.14 . No employer may employ or permit any minor to work in the following occupations or places of employment:

(1)   Adult bookstores. No minor may be employed in an adult bookstore.

(2)   Amusement parks, ski hills, street carnivals, and traveling shows.

(a) Prohibition . No minor may be employed in operating, assisting to operate, erecting, dismantling, setting up, adjusting, repairing, oiling, or cleaning of any rides or machinery, or the loading or unloading of passengers, in the operation of amusement park rides, ski hills, street carnivals, or traveling shows.

(b) Definitions. For the purpose of this subsection:

1. "Amusement park ride" means a device or animal that carries, transports, or supports passengers in unusual, entertaining, or thrilling modes of motion and any vehicle providing entertainment or transportation in conjunction with an amusement park ride, including, but not limited to, rider-powered and power-driven thrill rides, mild rides, ride-throughs, walk-throughs, air pillows, giant slides, water slides, and animal rides. Vehicles include parking lot trams, old fire engines, stage coaches, and trains. "Amusement park ride" does not include aircraft under the jurisdiction of the federal aviation administration, railroad trains under the jurisdiction of the federal railroad administration, or boats used on navigable waters.

2. "Water slide" means a slide that incorporates a flow of water intended to carry a rider down a flume and that is required under s. DHS 172.23 (1) (d) to have an attendant stationed at the entrance to enforce slide usage rules. "Water slide" does not include a slide that meets all of the following conditions:

a. The slide is less than or equal to 6 feet high as measured vertically from the slide entrance to the deck.

b. The user has a clear view of the landing area when measured from the slide entrance at a height of 43 inches.

c. The flume carries less than 100 gallons per minute of water.

(c) Exception . Minors 16 and 17 years of age may be employed in occupations involving the loading or unloading of passengers on water slides.

(3)   Asbestos, chrysotile, crocidolite, amosite, tremolite, anthophyllite, and actinolite. No minor may be employed in occupations or duties involving exposure to asbestos, chrysotile, crocidolite, amosite, tremolite, anthophyllite, or actinolite.

(4)   Bakery machines. No minor may be employed in the following duties related to the operation of power–driven bakery machines:

(a) Operating, assisting to operate, setting up, adjusting, repairing, oiling, or cleaning any horizontal or vertical dough mixer; batter mixer; bread dividing, rounding, or molding machine; doughbrake; dough sheeter; combination bread slicing and wrapping machine; or cake cutting band saw.

(b) Setting up or adjusting a cookie or cracker machine.

(5)   Bingo. No minor may be employed in conducting or assisting in the operation of a bingo game.

(6)   Brick, tile, and similar products.

(a) Prohibitions and exceptions . No minor may be employed in the following occupations involved in the manufacture of clay construction products and of silica refractory products:

1. All work in or about establishments in which clay construction products are manufactured, except work in storage and shipping; work in offices, laboratories, and storerooms; and work in the drying departments of plants manufacturing sewer pipe.

2. All work in or about establishments in which silica brick or other silica refractories are manufactured, except work in offices.

(b) Definitions . In this subsection:

1. "Clay construction products" means the following clay products: Brick, hollow structural tile, sewer pipe and similar products, refractories, and other clay products such as architectural terra cotta, glazed structural tile, roofing tile, stove lining, chimney pipes and tops, wall coping, and drain tile.

2. "Clay construction products" does not include the following:

a. Nonstructural– bearing clay products such as ceramic floor and wall tile, mosaic tile, glazed and enameled tile, faience, and similar tile.

b. Non-clay construction products such as sand–lime brick, glass brick, or nonclay refractories.

3. "Silica brick or other silica refractories" means refractory products produced from raw materials containing free silica as their main constituent.

(7)   Confined space.

(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.

(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.

(8)   Coal mine.

(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.

(b) Definitions. For the purpose of this subsection:

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.

2. "Coal" means any rank of coal, including lignite, bituminous, and anthracite coals.

(9)   Excavation operations. No minor may be employed in any of the following occupations in excavation operations:

(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.

(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.

(c) Working within tunnels prior to the completion of all driving and shoring operations.

(d) Working within shafts prior to the completion of all sinking and shoring operations.

(10)   Exotic dancer. No minor may be employed as an exotic dancer.

(11)   Explosives.

(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) .

(b) Exceptions .

1. A minor may be employed in a retail establishment in which explosives are sold.

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:

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.

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.

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.

d. All occupations involved in the plate loading of cartridges and in the operation of automatic loading machines.

e. All occupations involved in the loading, inspecting, packing, shipping, and storage of blasting caps.

3. A minor may be employed in occupations performed in an area that meets all of the following criteria:

a. None of the work performed in the area involves the handling or use of explosives.

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.

c. The area is separated from the explosives area by a fence or is otherwise located so that it constitutes a definite designated area.

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.

(c) Definitions. For the purpose of this subsection:

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.

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.

(12)   Hoists and hoisting apparatus.

(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:

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) .

2. Work which involves riding on a man lift or on a freight elevator, except a freight elevator operated by an assigned operator.

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.

(b) Definitions. For the purpose of this subsection:

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.

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.

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.

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.

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.

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.

(c) Exceptions.

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.

2. Minors may operate an automatic elevator and an automatic signal operation elevator if the elevator meets all of the following criteria:

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.

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.

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.

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.

3. For the purpose of subd. 2. :

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.

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.

(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 .

(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.

(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.

(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.

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

(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:

1. Work in offices or in repair or maintenance shops related to logging.

2. Work in the construction, operation, repair, or maintenance of living and administrative quarters of logging camps.

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.

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.

5. Work in the feeding or care of animals related to logging.

(b) Sawmill, lath mill, shingle mill, and cooperage–stock mill prohibitions and exceptions.

1. No minor may be employed in any occupation in the operation of any sawmill, lath mill, shingle mill, or cooperage–stock mill.

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:

a. Work in offices or in repair or maintenance shops.

b. Straightening, marking, or tallying lumber on the dry chain or the dry drop sorter.

c. Pulling lumber from the dry chain.

d. Clean–up in the lumberyard.

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.

f. Clerical work in yards or shipping sheds, such as done by orderpersons, tallypersons, and shipping clerks.

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.

(c) Definitions. For the purpose of this subsection:

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.

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.

(18)   Meat processing.

(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:

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.

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.

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.

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:

a. Meat patty forming machines.

b. Meat and bone cutting saws.

c. Power knives, except bacon–slicing machines.

d. Head–splitters and guillotine cutters.

e. Snout–pullers and jaw–pullers.

f. Skinning machines.

g. Horizontal rotary washing machines.

h. Casing–cleaning machines such as crushing, stripping, and finishing machines.

i. Grinding, mixing, chopping, and hashing machines.

j. Presses, except belly–rolling machines.

5. All boning occupations.

6. All occupations that involve the pushing or dropping of any suspended carcass, half carcass, or quarter carcass.

7. All occupations involving hand–lifting or hand–carrying any carcass or half carcass of beef, pork, or horse, or any quarter carcass of beef or horse.

(b) Definitions. For the purpose of this subsection:

1. "Boning occupations" means the removal of bones from meat cuts. "Boning" does not include work that involves cutting, scrapping, or trimming meat from cuts containing bones.

2. "Curing cellar" includes a workroom or workplace that is primarily devoted to the preservation and flavoring of meat by curing materials. "Curing cellar" does not include a workroom or workplace where meats are smoked.

3. "Hide cellar" includes a workroom or workplace where hides are graded, trimmed, salted, and otherwise cured.

4. "Killing floor" includes a workroom or workplace where cattle, calves, hogs, sheep, lambs, goats, or horses are immobilized, shackled, or killed, and the carcasses are dressed prior to chilling.

5. "Rendering plants" means establishments engaged in the conversion of dead animals, animal offal, animal fats, scrap meats, blood, and bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and similar products.

6. "Slaughtering and meat packing establishments" means places in or about which cattle, calves, hogs, sheep, lambs, goats, or horses are killed, butchered, or processed. "Slaughtering and meat packing establishments" also includes establishments that manufacture or process meat products or sausage casings from such animals.

(19)   Metal-forming, punching, and shearing power–driven machines.

(a) Prohibitions. No minor may be employed in any of the following occupations:

1. The occupations of operator of or helper on the following power–driven metal-forming, punching, and shearing machines:

a. All rolling machines, such as beading, straightening, corrugating, flanging, or bending rolls; and hot or cold rolling mills.

b. All pressing or punching machines, such as punch presses, except those provided with full automatic feed and ejection and with a fixed barrier guard to prevent the hands or fingers of the operator from entering the area between the dies; power presses; and plate punches.

c. All bending machines, such as apron brakes and press brakes.

d. All hammering machines, such as drop hammers and power hammers.

e. All shearing machines, such as guillotine or squaring shears; alligator shears; and rotary shears.

2. The occupations of setting–up, adjusting, repairing, oiling, or cleaning these machines including those with automatic feed and ejection.

(b) Definitions. For the purpose of this subsection:

1. "Forming, punching, and shearing machines" means power–driven metal–working machines, other than machine tools, which change the shape of or cut metal by means of tools, such as dies, rolls, or knives which are mounted on rams, plungers, or other moving parts. Types of forming, punching, and shearing machines enumerated in this subsection are the machines to which the designation is by custom applied.

2. "Helper" means a person who assists in the operation of a machine covered by this subsection by helping to place materials into the machine or helping to remove them from the machine.

3. "Operator" means a person who operates a machine covered by this subsection by performing such functions as starting or stopping the machine, placing materials into or removing them from the machine, or any other functions directly involved in operation of the machine.

(20)   Mining, other than coal.

(a) Prohibition and exceptions . No minor may be employed in any occupation in connection with mining, other than coal, except the following:

1. Work in offices, the warehouse or supply house, the change house, the laboratory, or in repair or maintenance shops not located underground.

2. Work in the operation and maintenance of living quarters.

3. Work outside the mine in surveying, the repair and maintenance of roads, or general clean–up about the mine property, such as clearing brush and digging drainage ditches.

4. Work of track crews in the building and maintaining of sections of railroad track located in those areas of open–cut metal mines where mining and hauling activities are not being conducted at the time and place that the building and maintenance work is being done.

5. Work in or about surface placer mining operations other than placer dredging operations and hydraulic placer mining operations.

6. The following work in metal mills other than in mercury–recovery mills or mills using the cyanide process:

a. Work involving the operation of jigs, sludge tables, flotation cells, or drier–filters.

b. Work of hand sorting at picking table or picking belt.

c. General clean–up work.

(b) Definitions. For the purpose of this subsection:

1. "All occupations in connection with mining, other than coal" means all work performed underground in mines and quarries; on the surface at underground mines and underground quarries; in or about open–cut mines, open quarries, clay pits, and sand and gravel operations; at or about placer mining operations; at or about dredging operations for clay, sand or gravel; at or about bore–hole mining operations; in or about all metal mills, washer plants, or grinding mills reducing the bulk of the extracted minerals; and at or about any other crushing, grinding, screening, sizing, washing or cleaning operations performed upon the extracted minerals except where these operations are performed as a part of a manufacturing process.

2. "All occupations in connection with mining, other than coal" does not include work performed in subsequent manufacturing or processing operations, such as work performed in smelters, electro–metallurgical plants, refineries, reduction plants, cement mills, plants where quarried stone is cut, sanded and further processed, or plants manufacturing clay, glass or ceramic products. The term does not include work performed in connection with coal mining, in petroleum production, in natural gas production, nor in dredging operations which are not a part of mining operations, such as dredging for construction or navigation purposes.

(21)   Motor vehicle driver and outside helper.

(a) Prohibition . Except as provided in par. (b) , no minor may be employed as a motor vehicle driver or outside helper on any public road; highway; in or about a mine, including an open pit mine or quarry; in a place where logging or sawmill operations are in progress; or in any excavation of the type identified in sub. (9) .

(b) Exception-incidental and occasional driving by 17-year-olds. Minors who are at least 17 years of age may drive motor vehicles on public roadways when all of the following conditions are met:

1. The driving is only occasional and incidental to the minor's employment.

2. The driving is restricted to daylight hours.

3. The driving takes place within a 30-mile radius of the minor's place of employment.

4. The motor vehicle does not exceed 6,000 pounds gross vehicle weight.

5. The minor has completed a state-approved driver education course and holds a state license valid for the type of driving involved in the job that the minor performs.

6. The minor has no record of any moving violation at the time of hire.

7. The motor vehicle is equipped with a seat belt for the driver and for each passenger, and the minor's employer has instructed each minor that the seat belts must be used when driving or riding in the motor vehicle.

8. The driving does not involve any of the following:

a. Towing of vehicles.

b. Route deliveries or route sales.

c. Transportation for hire of property, goods, or passengers.

d. Urgent, time-sensitive deliveries.

e. Transporting more than 3 passengers who are employees of the employer at any one time.

f. More than two trips away from the primary place of employment in any single day for the purpose of delivering goods of the minor's employer to a customer.

(c) Definitions. For the purpose of this subsection:

1. "Driver" means any individual who, in the course of their employment, drives a motor vehicle at any time.

2. "Gross vehicle weight" includes the truck chassis with lubricants, water and full tank or tanks of fuel, plus the weight of the cab or driver's compartment, body, and special chassis and body equipment, and payload.

3. "Motor vehicle" means any automobile, truck, truck–tractor, trailer, semi-trailer, motorcycle, or similar vehicle propelled or drawn by mechanical power and designed for use as a means of transportation but does not include any vehicle operated exclusively on rails.

4. "Occasional and incidental" means no more than one-third of an employee's work time in any workday and no more than 20 percent of an employee's work time in any work week.

5. "Outside helper" means any individual, other than a driver, whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivering goods.

(22)   Paper–products machines.

(a) Prohibition. No minor may be employed in any occupations involved in the operating, assisting to operate, setting up, adjusting, repairing, oiling, or cleaning any of the following power-driven paper-products machines:

1. Arm-type wire stitcher or stapler, circular or band saw, corner cutter or mitering machine, corrugating and single-or-double-facing machine, envelope die-cutting press, guillotine paper cutter or shear, horizontal bar scorer, laminating or combing machine, sheeting machine, scrap paper baler, paper box compactor, or vertical slotter.

2. Platen die–cutting press, platen printing press, or punch press that involves hand feeding of the machine.

(b) Definitions. For the purpose of this subsection:

1. "Applicable ANSI Standard" means the American National Standard Institute's Standard ANSI Z245.5-1990 for scrap paper balers or the American National Standard Institute's Standard ANSI Z245.2-1992 for paper box compactors or any replacement standard adopted by the American National Standard Institute that the federal Secretary of Labor has certified to be at least as protective of the safety of minors as Standard ANSI Z245.5-1990 for scrap paper balers or ANSI Z245.2-1992 for paper box compactors.

2. "Operating or assisting to operate" means all work which involves starting or stopping a machine covered by this subsection, placing materials into or removing materials from a machine, including clearing a machine of jammed paper or cardboard, or any other work directly involved in operating the machine. The term does not include the stacking of materials by an employee in an area nearby or adjacent to the machine where the employee does not place the materials into the machine.

3. "Paper box compactor" means a powered machine that remains stationary during operation, used to compact refuse, including paper boxes, into a detachable or integral container or into a transfer vehicle.

4. "Paper products machine" means all power-driven machines used in all of the following:

a. Remanufacturing or converting paper or pulp into a finished product, including preparing these materials for recycling.

b. Preparing paper or pulp materials for disposal. The term applies to these machines whether they are used in establishments that manufacture converted paper or pulp products, or in any other type of manufacturing or nonmanufacturing establishment. The term applies to those machines which, in addition to paper products, also process other material for disposal.

5. "Scrap-paper baler" means a powered machine used to compress paper and possibly other solid waste, with or without binding, to a density of form that will support handling and transportation as a material unit without requiring a disposable or reusable container.

(c) Exemption. Sixteen- and 17-year-old minors may load materials into, but not operate or unload, a scrap paper baler or a paper box compactor only if all of the following conditions are met:

1. The scrap paper baler or paper box compactor meets the applicable ANSI standard.

2. The scrap paper baler or paper box compactor includes an on-off switch incorporating a key-lock or other system and the control of the system is maintained in the custody of employees who are 18 years of age or older.

3. The on-off switch of the scrap paper baler or paper box compactor is maintained in an off position when the machine is not in operation.

4. The employer posts a notice on the scrap paper baler or paper box compactor in a prominent position and easily visible to any person loading, operating, or unloading the machine stating that: "The scrap paper baler or compactor meets the industry safety standard applicable to the machine, Standard ANSI Z245.5-1990 for scrap paper balers and Standard ANSI Z245.2-1992 for paper box compactors. Sixteen- and 17-year-old employees may only load the scrap paper baler or paper box compactor. No employee under the age of 18 may operate or unload the scrap paper baler or paper box compactor."

(23)   Radioactive substances and ionizing radiations.

(a) Prohibition . No minor may be employed in occupations involving exposure to radioactive substances and to ionizing radiations in any workroom in which any of the following occurs:

1. Radium is stored or used in the manufacture of a self–luminous compound.

2. A self–luminous compound is made, processed, or packaged.

3. A self–luminous compound is stored, used, or worked upon.

4. Incandescent mantles are made from fabric and solutions containing thorium salts, or are processed or packaged.

5. Other radioactive substances are present in the air in average concentrations exceeding 10% of the maximum permissible concentrations in the air recommended for the occupational exposure by the National Council on Radiation Protection and Measurements.

6. Any other work that involves exposure to ionizing radiations in excess of 0.5 rem per year.

(b) Definitions . For the purpose of this subsection:

1. "Ionizing radiations" means alpha and beta particles, electrons, protons, neutrons, gamma and X–ray and all other radiations which produce ionizations directly or indirectly, but does not include electromagnetic radiations other than gamma and X–ray.

2. "Rem" means the dosage of an ionizing radiation that will cause the same biological effect as one roentgen of x-ray or gamma-ray exposure.

3. "Self–luminous compound" means any mixture of phosphorescent material and radium, mesothorium, or other radioactive element.

4. "Workroom" includes the entire area bounded by walls of solid material and extending from floor to ceiling in which the work involving exposure to radioactive substances and to ionizing radiations listed in par. (a) is performed.

(24)   Roofing or on or about a roof.

(a) Prohibition . No minor may be employed in roofing operations or on or about a roof.

(b) Definitions. For the purpose of this subsection:

1. "On or about a roof" includes all work performed upon a roof, including carpentry and metal work, alterations, additions, maintenance and repair, including painting and coating of existing roofs; the construction of the sheathing or base of roofs; gutter and downspout work; the installation and servicing of television and communication equipment such as cable and satellite dishes; the installation and servicing of heating, ventilation and air conditioning equipment or similar appliances attached to roofs; and any similar work that is required to be performed upon or about roofs.

2. "Roofing operations" means all work performed in connection with the installation of roofs, including related metal work such as flashing, and applying weatherproofing materials and substances, such as waterproof membranes, tar, slag or pitch, asphalt prepared paper, tile, composite roofing materials, slate, metal, translucent materials, and shingles of asbestos, asphalt or wood or other materials, to roofs of buildings or other structures. The term also includes all jobs on the ground related to roofing operations, such as roofing laborer, roofing helper, materials handler, and tending a jar heater.

(25)   Saws and guillotine shears.

(a) Prohibition . No minor may be employed in any of the following occupations:

1. The occupations of operator of or helper on the following power–driven fixed or portable machines, except machines equipped with full automatic feed and ejection.

a. Circular saws.

b. Band saws.

c. Guillotine shears.

d. Chain saws.

2. The occupations of setting up, adjusting, repairing, oiling, or cleaning the machines listed in subd. 1. a. to d.

(b) Definitions. For the purpose of this subsection:

1. "Band saw" means a machine equipped with an endless steel band having a continuous series of notches or teeth, running over wheels or pulleys, and used for sawing materials.

2. "Chain saw" means a machine equipped with an endless steel chain having a continuous series of notches or teeth, running over wheels or pulleys, and used for sawing materials.

3. "Circular saw" means a machine equipped with a thin steel disc having a continuous series of notches or teeth on the periphery, mounted on shafting, and used for sawing materials.

4. "Guillotine shear" means a machine equipped with a movable blade operated vertically and used to shear materials. "Guillotine shear" does not include other types of shearing machines, using a different form of shearing action, such as alligator shears or circular shears.

5. "Helper" means a person who assists in the operation of a machine covered by this subsection by helping to place materials into or helping to remove them from the machine.

6. "Machines equipped with full automatic feed and ejection" means machines covered by this subsection that are equipped with devices for full automatic feeding and ejection and with a fixed barrier guard to prevent completely the operator or helper from placing any part of his body in the point–of–operation area.

7. "Operator" means a person who operates a machine covered by this subsection by performing such functions as starting or stopping the machine, placing materials into or removing them from the machine, or any other functions directly involved in the operation of the machine.

(26)   Strikes and lockouts. No minor may be employed in any occupations or activities, including picketing, performed in or on the premises of any establishment where a strike or lockout is in active progress.

(27)   Woodworking power–driven machines.

(a) Prohibition . No minor may be employed in any of the following occupations involved in the operation of power–driven woodworking machines:

1. The occupation of operating power–driven woodworking machines, including supervising or controlling the operation of these machines, feeding material into these machines, and helping the operator to feed material into these machines but not including the placing of material on a moving chain or in a hopper or slide for automatic feeding.

2. The occupations of setting up, adjusting, repairing, oiling, or cleaning power–driven woodworking machines.

3. The occupations of off–bearing from circular saws and from guillotine–action veneer clippers.

(b) Definitions. For the purpose of this subsection:

1. "Off–bearing" means the removal of material or refuse directly from a saw table or from the point of operation. "Off-bearing" does not include any of the following:

a. The removal of material or refuse from a circular saw or guillotine–action veneer clipper where the material or refuse has been conveyed away from the saw table or point of operation by a gravity chute or by some mechanical means such as a moving belt or expulsion roller.

b. The following operations when they do not involve the removal of material or refuse directly from a saw table or from the point of operation: the carrying, moving, or transporting of materials from one machine to another or from one part of a plant to another; the piling, stacking, or arranging of materials for feeding into a machine by another person; and the sorting, tying, bundling, or loading of materials.

2. "Power–driven woodworking machines" means all fixed or portable machines or tools driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, or otherwise assembling, pressing, or printing wood or veneer.

(28)   Wrecking, demolition, and shipbreaking.

(a) Prohibition . No minor may be employed in any occupation in wrecking, demolition, and ship-breaking operations.

(b) Definition. For the purpose of this subsection, the term "wrecking, demolition, and ship-breaking operations" means all work, including clean–up and salvage work, performed at the site of the total or partial razing, demolishing, or dismantling of a building, bridge, steeple, tower, chimney, other structure, ship or other vessel, or motor vehicle.

CR 04-010 : cr. Register November 2004 No. 587 , eff. 12-1-04; correction in (2) (b) 2. (intro.) made under s. 13.92 (4) (b) 7. , Stats; correction in (13) made under s. 13.92 (4) (b) 7. , Stats., Register February 2012 No. 674 .

Note

See s. 563.51 (13)(b) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 For restrictions on minors working in any occupation in or about a coal mine, see sub. (8). Microsoft Windows NT 6.1.7601 Service Pack 1 The ANSI standards for scrap paper balers and paper box compactors govern the manufacture and modification of the equipment, the operation and maintenance of the equipment, and employee training. Copies of these standards are available for purchase from the American National Standards Institute (ANSI), 11 West 42nd St., New York, NY 10036. Microsoft Windows NT 6.1.7601 Service Pack 1 For further information, contact the National Council on Radiation Protection and Measurements at telephone [phone] or 7910 Woodmont Avenue, Suite 800, Bethesda, MD 20814-3095. Microsoft Windows NT 6.1.7601 Service Pack 1