Fla. Admin. Code Ann. R. 61L-2.005 - Additional Hazardous Occupations Prohibited
(1) General. Rule 61L-2.005, F.A.C., lists
the occupations and places of employment which the division has determined and
declared are hazardous or injurious to the life, health, safety, or welfare of
minors. Pursuant to Section 450.061, F.S., employers shall not require, permit,
or suffer minors to work in these occupations, unless the minors' activities
are limited to office, sales or stockroom work, and this employment will not
place the minor in clear and present danger to life or limb.
(2) Occupations Prohibited by the United
States Department of Labor. Employers of minors shall not require, permit, or
suffer minors to work in the following occupations and places of employment
which are declared hazardous by the United States Department of Labor. The
occupations and places of employment listed in Rule 61L-2.005, F.A.C.,
paragraphs (2)(a) and (2)(b), are defined and described in 29 Code of Federal
Regulations (C.F.R.) Part 570, Subparts C, E, and E-1 (1992), and such
definitions and descriptions are adopted and incorporated by reference into
this rule. Employers should obtain copies of the federal regulations which
contain these definitions as provided in Rule
61L-2.012,
F.A.C.
(a) Occupations Prohibited for All
Minors. In addition to the hazardous occupations prohibited in subsection
450.061(2), F.S., employers shall not cause any minor to work in the following
occupations or places of employment as are defined and described in 29 C.F.R.
Part 570, Subpart E:
1. Occupations in or
about plants or establishments manufacturing or storing explosives or articles
containing explosive components ( 29 C.F.R. §
570.51
);
2. Motor-vehicle driver and
outside helper ( 29 C.F.R. § 570.52 );
4. Logging
occupations and occupations in the operation of any sawmill, lath mill, shingle
mill, or cooperage stock mill ( 29 C.F.R. §
570.54
);
5. Occupations involved in the
operation of power-driven woodworking machines ( 29 C.F.R. §
570.55
);
6. Occupations involving
exposure to radioactive substances and to ionizing radiations ( 29 C.F.R.
§ 570.57 );
7. Occupations
involved in the operation of power-driven hoisting apparatus ( 29 C.F.R. §
570.58 );
8. Occupations involved
in the operation of power-driven metal forming, punching, and shearing machines
( 29 C.F.R. §570.59 );
9.
Occupations involving slaughtering, meat packing or processing, or rendering (
29 C.F.R. §
570.61
);
11. Occupations involved in the
operation of paper-products machines ( 29 C.F.R. § 570.63 );
12. Occupations involved in the manufacture
of brick, tile, and kindred products ( 29 C.F.R. §
570.64
);
13. Occupations involved in the
operations of circular saws, band saws, and guillotine shears ( 29 C.F.R.
§
570.65
);
14. Occupations involved in
wrecking, demolitions, and shipbreaking operations ( 29 C.F.R. §
570.66
);
16. Occupations in excavation
operations ( 29 C.F.R. § 570.68 ).
(b) Occupations Prohibited for Minors Under
the Age of Sixteen. In addition to the hazardous occupations prohibited in
subsections
450.061
(1), and (2), F.S., and in Rule 61L-2.005, F.A.C., paragraph (2)(a) of this
rule, employers shall not cause any minor under the age of sixteen to work in
the following occupations or places of employment as are defined or described
in 29 C.F.R. Part 570, Subpart C:
1.
Manufacturing, mining, or processing occupations, including occupations
requiring the performance of any duties in work rooms or work place where goods
are manufactured, mined or otherwise processed ( 29 C.F.R. §
570.33
);
2. Occupations which involve the
operation or tending of hoisting apparatus or of any power-driven machinery
other than office machines ( 29 C.F.R. §
570.33
);
5. Occupations in connection
with:
a. Transportation of persons or
property by rail, highway, air, water, pipeline, or other means;
b. Warehousing and storage;
c. Communications and electric utilities;
and
6. Work performed in
or about boiler or engine rooms ( 29 C.F.R. § 570.34 );
7. Work in maintaining or repairing machines
or equipment ( 29 C.F.R. § 570.34 );
8. Outside window washing that involves
working from window sills, and all work requiring the use of ladders,
scaffolds, or their substitutes ( 29 C.F.R. § 570.34 );
9. Cooking (except at soda fountains, lunch
counters, snack bars, or cafeteria serving counters) and baking ( 29 C.F.R.
§570.34 );
10. Operating,
setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers
and grinders, food choppers, and cutters, and bakery-type mixers ( 29 C.F.R.
§ 570.34 );
11. Work in
freezers and meat coolers and all work in the preparation of meats for sale
except for wrapping, sealing, labeling, weighing, pricing and stocking in areas
physically separate from freezers and coolers ( 29 C.F.R. § 570.34
);
12. Loading and unloading goods
to and from trucks, railroad cars, or conveyors ( 29 C.F.R. § 570.34
);
13. All occupations in
warehouses except office and clerical work ( 29 C.F.R. § 570.34
);
(3) Compressed Gasses.
Employers shall not allow any minor to dispense, or to transport, service,
modify or alter tanks, cylinders or other equipment used for storing, any inert
or compound gas, including air, which has been compressed to a pressure that
exceeds 40 pounds per square inch (psi), except that minors who are sixteen
(16) years of age or older may fill balloons, and bicycle or car tires (but not
truck or heavy equipment), if given proper instruction and the tank or cylinder
containing the compressed gas is fixed and secure.
(4) Door-to-door Sales. As provided in
subsection
450.061(1)(n),
F.S., door-to-door sales on behalf of nonprofit organizations are allowable for
minors who are under the age of sixteen years, but the organizations shall
ensure that such sales are undertaken under close supervision as defined in
subsection 61L-2.002(4), F.A.C.
Notes
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