Chapter DWD 270

DWD 270.11(2)(d)4.a. a. Street trades or station captains or delivery clerks incidental to street trades.

DWD 270.11(2)(d)4.b. b. First processing of perishable fruits and vegetables if the minor is employed under the provisions of s. DWD 270.16.

DWD 270.11(3) (3) Meal periods. An employer of a minor shall allow a minor at least 30 minutes 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 at other times deemed reasonable by the department. No minor may be employed or permitted to work more than 6 consecutive hours without a meal period.

DWD 270.11(4) (4) Graduates, living independently, and various types of schools.

DWD 270.11(4)(a) (a) Minors 16 and 17 years of age who have graduated from high school or have passed the general education development test are exempt from the limitations in this section and may be employed without restrictions on their hours of labor.

DWD 270.11(4)(b) (b) Minors 16 and 17 years of age who are living independently and supporting themselves; married under s. 765.02 (2), Stats., or the laws of another state; head of a household as defined in s. 71.01 (5m), Stats.; or enrolled in an accredited school designed to prepare the minor to pass the general education development test or obtain a high school equivalency diploma may work up to 40 hours per week during the weeks public schools are in session and up to 50 hours per week during non–school weeks. The daily hour limits under sub. (1) (c) and the time of day restrictions under sub. (2) (d) shall not apply.

DWD 270.11(4)(c) (c) Minors 16 and 17 years of age who are home-schooled or schooled at home may work up to 26 hours per calendar week during the weeks the public schools are in session or 32 hours per calendar week if the public schools are in session less than 5 days per week and up to 50 hours per calendar week during non–school weeks. The daily hour limits and time of day restrictions of sub. (2) (d) shall not apply to students who are home-schooled. The daily hour limits and time of day restrictions of sub. (2) (d) shall apply to students who are schooled at home.

DWD 270.11(4)(d) (d) Minors 12 to 15 years of age who are home-schooled or schooled at home may work they same hours as if they were enrolled in public school as provided in sub. (1) (a) and (b) and sub. (2) (a), (b), and (c).

DWD 270.11(4)(e) (e) Minors who are enrolled in a charter school may not work during hours they are scheduled to be in the charter school.

DWD 270.11 History History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

DWD 270.12 DWD 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:

DWD 270.12(1) (1) Adult bookstores. No minor may be employed in an adult bookstore.

DWD 270.12(2) (2) Amusement parks, ski hills, street carnivals, and traveling shows.

DWD 270.12(2)(a) (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.

DWD 270.12(2)(b) (b) Definitions. For the purpose of this subsection:

DWD 270.12(2)(b)1. 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.

DWD 270.12(2)(b)2. 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. ATCP 76.23 (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:

DWD 270.12(2)(b)2.a. a. The slide is less than or equal to 6 feet high as measured vertically from the slide entrance to the deck.

DWD 270.12(2)(b)2.b. b. The user has a clear view of the landing area when measured from the slide entrance at a height of 43 inches.

DWD 270.12(2)(b)2.c. c. The flume carries less than 100 gallons per minute of water.

DWD 270.12(2)(c) (c) Exception. Minors 16 and 17 years of age may be employed in occupations involving the loading or unloading of passengers on water slides.

DWD 270.12(3) (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.

DWD 270.12(4) (4) Bakery machines. No minor may be employed in the following duties related to the operation of power–driven bakery machines:

DWD 270.12(4)(a) (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.

DWD 270.12(4)(b) (b) Setting up or adjusting a cookie or cracker machine.

DWD 270.12(5) (5) Bingo. No minor may be employed in conducting or assisting in the operation of a bingo game.

DWD 270.12 Note Note: See s. 563.51 (13)(b), Stats.

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

DWD 270.12(6)(a) (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:

DWD 270.12(6)(a)1. 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.

DWD 270.12(6)(a)2. 2. All work in or about establishments in which silica brick or other silica refractories are manufactured, except work in offices.

DWD 270.12(6)(b) (b) Definitions. In this subsection:

DWD 270.12(6)(b)1. 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.

DWD 270.12(6)(b)2. 2. “Clay construction products” does not include the following:

DWD 270.12(6)(b)2.a. a. Nonstructural–bearing clay products such as ceramic floor and wall tile, mosaic tile, glazed and enameled tile, faience, and similar tile.

DWD 270.12(6)(b)2.b. b. Non-clay construction products such as sand–lime brick, glass brick, or nonclay refractories.

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.