Current through Reg. 50, No. 187; September 24, 2024
(1) General. Rule
61L-2.005, F.A.C., lists the
occupations and places of employment which the Department 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, 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 Section
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);
3.
Occupations in connection with mining (29 C.F.R. §570.73, and
§570.60);
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);
10. Occupations involved in the operation of
bakery machines (29 C.F.R. §570.62);
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);
15. Occupations in
roofing operations (29 C.F.R. §570.67); and,
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 Sections
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);
3. Operation of a motor vehicle or service as
a helper on motor vehicles (29 C.F.R. §570.33);
4. Public messenger service (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,
d. Construction (including
demolition and repair) (29 C.F.R. §570.33);
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);
14. Occupations involved in agriculture as
defined at 29 C.F.R. §570.71.
(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
paragraph 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.
Rulemaking Authority
450.121 FS. Law Implemented
450.061
FS.
New 10-7-93, Formerly
38H-14.005.
