Chapter DWD 270

DWD 270.12(20)(a)2. 2. Work in the operation and maintenance of living quarters.

DWD 270.12(20)(a)3. 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.

DWD 270.12(20)(a)4. 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.

DWD 270.12(20)(a)5. 5. Work in or about surface placer mining operations other than placer dredging operations and hydraulic placer mining operations.

DWD 270.12(20)(a)6. 6. The following work in metal mills other than in mercury–recovery mills or mills using the cyanide process:

DWD 270.12(20)(a)6.a. a. Work involving the operation of jigs, sludge tables, flotation cells, or drier–filters.

DWD 270.12(20)(a)6.b. b. Work of hand sorting at picking table or picking belt.

DWD 270.12(20)(a)6.c. c. General clean–up work.

DWD 270.12(20)(b) (b) Definitions. For the purpose of this subsection:

DWD 270.12(20)(b)1. 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.

DWD 270.12(20)(b)2. 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.

DWD 270.12 Note Note: For restrictions on minors working in any occupation in or about a coal mine, see sub. (8).

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

DWD 270.12(21)(a) (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).

DWD 270.12(21)(b) (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:

DWD 270.12(21)(b)1. 1. The driving is only occasional and incidental to the minor’s employment.

DWD 270.12(21)(b)2. 2. The driving is restricted to daylight hours.

DWD 270.12(21)(b)3. 3. The driving takes place within a 30-mile radius of the minor’s place of employment.

DWD 270.12(21)(b)4. 4. The motor vehicle does not exceed 6,000 pounds gross vehicle weight.

DWD 270.12(21)(b)5. 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.

DWD 270.12(21)(b)6. 6. The minor has no record of any moving violation at the time of hire.

DWD 270.12(21)(b)7. 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.

DWD 270.12(21)(b)8. 8. The driving does not involve any of the following:

DWD 270.12(21)(b)8.a. a. Towing of vehicles.

DWD 270.12(21)(b)8.b. b. Route deliveries or route sales.

DWD 270.12(21)(b)8.c. c. Transportation for hire of property, goods, or passengers.

DWD 270.12(21)(b)8.d. d. Urgent, time-sensitive deliveries.

DWD 270.12(21)(b)8.e. e. Transporting more than 3 passengers who are employees of the employer at any one time.

DWD 270.12(21)(b)8.f. 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.

DWD 270.12(21)(c) (c) Definitions. For the purpose of this subsection:

DWD 270.12(21)(c)1. 1. “Driver” means any individual who, in the course of their employment, drives a motor vehicle at any time.

DWD 270.12(21)(c)2. 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.

DWD 270.12(21)(c)3. 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.

DWD 270.12(21)(c)4. 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.

DWD 270.12(21)(c)5. 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.

DWD 270.12(22) (22) Paper–products machines.

DWD 270.12(22)(a) (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:

DWD 270.12(22)(a)1. 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.

DWD 270.12(22)(a)2. 2. Platen die–cutting press, platen printing press, or punch press that involves hand feeding of the machine.

DWD 270.12(22)(b) (b) Definitions. For the purpose of this subsection:

DWD 270.12(22)(b)1. 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.

DWD 270.12 Note Note: 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.

DWD 270.12(22)(b)2. 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.

DWD 270.12(22)(b)3. 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.

DWD 270.12(22)(b)4. 4. “Paper products machine” means all power-driven machines used in all of the following:

DWD 270.12(22)(b)4.a. a. Remanufacturing or converting paper or pulp into a finished product, including preparing these materials for recycling.

DWD 270.12(22)(b)4.b. 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.

DWD 270.12(22)(b)5. 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.

DWD 270.12(22)(c) (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:

DWD 270.12(22)(c)1. 1. The scrap paper baler or paper box compactor meets the applicable ANSI standard.

DWD 270.12(22)(c)2. 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.

DWD 270.12(22)(c)3. 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.

DWD 270.12(22)(c)4. 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.”

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

DWD 270.12(23)(a) (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:

DWD 270.12(23)(a)1. 1. Radium is stored or used in the manufacture of a self–luminous compound.

DWD 270.12(23)(a)2. 2. A self–luminous compound is made, processed, or packaged.

DWD 270.12(23)(a)3. 3. A self–luminous compound is stored, used, or worked upon.

DWD 270.12(23)(a)4. 4. Incandescent mantles are made from fabric and solutions containing thorium salts, or are processed or packaged.

DWD 270.12(23)(a)5. 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.

DWD 270.12 Note Note: 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.

DWD 270.12(23)(a)6. 6. Any other work that involves exposure to ionizing radiations in excess of 0.5 rem per year.

DWD 270.12(23)(b) (b) Definitions. For the purpose of this subsection:

DWD 270.12(23)(b)1. 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.

DWD 270.12(23)(b)2. 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.

DWD 270.12(23)(b)3. 3. “Self–luminous compound” means any mixture of phosphorescent material and radium, mesothorium, or other radioactive element.

DWD 270.12(23)(b)4. 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.

DWD 270.12(24) (24) Roofing or on or about a roof.

DWD 270.12(24)(a) (a) Prohibition. No minor may be employed in roofing operations or on or about a roof.

DWD 270.12(24)(b) (b) Definitions. For the purpose of this subsection:

DWD 270.12(24)(b)1. 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.

DWD 270.12(24)(b)2. 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.

DWD 270.12(25) (25) Saws and guillotine shears.

DWD 270.12(25)(a) (a) Prohibition. No minor may be employed in any of the following occupations:

DWD 270.12(25)(a)1. 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.

DWD 270.12(25)(a)1.a. a. Circular saws.

DWD 270.12(25)(a)1.b. b. Band saws.

DWD 270.12(25)(a)1.c. c. Guillotine shears.

DWD 270.12(25)(a)1.d. d. Chain saws.

DWD 270.12(25)(a)2. 2. The occupations of setting up, adjusting, repairing, oiling, or cleaning the machines listed in subd. 1. a. to d.

DWD 270.12(25)(b) (b) Definitions. For the purpose of this subsection:

DWD 270.12(25)(b)1. 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.

DWD 270.12(25)(b)2. 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.

DWD 270.12(25)(b)3. 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.

DWD 270.12(25)(b)4. 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.

DWD 270.12(25)(b)5. 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.

DWD 270.12(25)(b)6. 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.

DWD 270.12(25)(b)7. 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.

DWD 270.12(26) (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.