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. 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.
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administrativecode
/code/admin_code/dwd/270_279/270/14/2/e
Department of Workforce Development (DWD)
Chs. DWD 270-279; Labor Standards
administrativecode/DWD 270.14(2)(e)
administrativecode/DWD 270.14(2)(e)
section
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