Code of Maine Rules
12 - DEPARTMENT OF LABOR
170 - BUREAU OF LABOR STANDARDS
Chapter 11 - RULES GOVERNING HAZARDOUS OCCUPATIONS FOR MINORS UNDER THE AGE OF EIGHTEEN IN NON-AGRICULTURAL EMPLOYMENT
Section 170-11-5 - Clarification of Hazardous Occupation Definitions and Special Exemptions

Universal Citation: 12 ME Code Rules ยง 170-11-5

Current through 2024-38, September 18, 2024

A. The Director shall be guided by the definitions and special exemptions contained in Subpart C of Part 570 of Title 29 of the Code of Federal Regulations for minors under sixteen and Subpart E of Part 570 of Title 29 of the Code of Federal Regulations for minors who are sixteen and seventeen years of age in interpreting and enforcing these rules.

B. Apprentices, CTE-Students, and Student-Learners

Exemptions from certain hazardous occupations may be made for apprentices and student learners under the following conditions:

1. The work of the apprentice, CTE-student, or student-learner in the occupations declared particularly hazardous is incidental to minor's training.

2. The work is intermittent and for short periods of time and is under the direct and close supervision or a journeyman (for an apprentice) or a fully-qualified and experienced adult (for a CTE-student or student-learner). "Intermittent" and "short periods of time" mean that the minor may not be the principal operator of prohibited machinery and the duties may not be such that the minor is constantly operating the prohibited machinery or working in the occupation declared as hazardous during the work shift, but only doing so as part of the training experience. Direct and close supervision is met when there is one journeyman or experienced adult working with the first apprentice or student-learner on side, and at least three journeymen or experienced adults working alongside each additional apprentice or student-learner during the periods when the apprentice or student-learner is performing work that would otherwise be prohibited by the rules. Direct and close supervision for CTE-students is met when 2 or fewer CTE-students are assigned to an experienced adult, the experienced adult has direct line of sight and within the student's audio hearing range.

3. The employer shall provide workplace safety and health training along with the on-the-job training. CTE Program will provide basic safety training for the CTE-Student related to the selected program and field of work prior of CTE student performing work that would otherwise be prohibited by the rules. In the case of a CTE Cooperative Education program, the CTE Cooperative Education program instructor may arrange with job site supervisor for delivery of any required safety instruction. CTE program shall create any required schedule of work, educational performance deliverables and additional educational component found during live work field experiences as part of the written agreement.

4. There must be a written agreement providing a description of the job, processes, expectations, schedule of work and name of the apprentice, CTE-student, or student-learner. The employer and school coordinator or principal shall sign the agreement. CTE-students shall have a signed agreement between the student, CTE Instructor, CTE Coordinator (if any) and CTE Director. Copies of the agreement must be kept on file by both the school where the principal or director resides and the employer.

5. CTE Instructor, Coordinator and/or Director have direct control of CTE-student's work, grade, attendance and overall program's involvement within this educational component.

6. A high school graduate may be employed in an occupation in which training under an apprentice or student-learner program has been completed as provided in this section, even though the youth is not yet 18 years of age.

The restrictions that may be exempted under this sub-section are those listed in Section 3(B) that are marked by an asterisk.

C. Junior Firefighters

Paid and volunteer junior firefighters who are sixteen and seventeen years of age may:

1. Attend and take part in supervised training;

2. Participate in fire department functions within the rehabilitation area;

3. Pick up hose and clean up at the fire scene after the On-Scene Commander has declared the scene safe;

4. Enter a structure that has been on fire when deemed safe by the On-Scene Commander and accompanied by a firefighter;

5. With proper training, fight grass fires not involving standing timber; and

6. Perform search and rescue activities, other than structural firefighting.

They may not:

1. Perform fire suppression involving structures, vehicles, or wildland fires, except grass fires not involving standing timber;

2. Operate a fire department vehicle;

3. Respond with red lights;

4. Perform firefighting "overhaul" activities;

5. Respond to hazardous material events;

6. Perform any activity, except training, that involves the use of self-contained breathing equipment.

7. Respond to any accident involving fire or extraction activities (1055's);

8. Respond to "ice rescue" activities, except within the rehabilitation area; or

9. Perform traffic control activities.

D. Junior Emergency Medical Services (EMS) Persons

Paid and volunteer junior emergency medical services persons who are sixteen and seventeen years of age may:

1. Attend and take part in supervised training;

2. Provide, under supervision, emergency medical treatment in accordance with the Maine Emergency Medical Service Act of 1982 (32 M.R.S.A. Chapter 2-B) and the Maine EMS Rules.

They may not:

1. Be first on scene of a medical emergency to which the EMS service has been summonsed;

2. Respond to any call that may be psychologically or physically traumatic to the junior EMS person, as determined by the senior member in charge of the welfare and actions of the junior EMS person during the call;

3. Operate a vehicle defined as an authorized emergency vehicle by 29-A M.R.S.A §2054;

4. Operate a privately-owned vehicle that is responding with one or more red lights;

5. Participate in any patient extrication, except in a support role in an area away from the scene of the extrication;

6. Perform traffic control activities.

E. Career-Oriented Law Enforcement Programs

1. Traffic control duties permitted. Notwithstanding any other provision of this article, a minor who is 14 years of age or older and is a volunteer participant in a career-oriented law enforcement program may perform traffic control duties in accordance with this section.

2. Training. A minor may not perform traffic control duties under this section until the minor has received traffic control training in accordance with the requirements of the supervising law enforcement agency. Proof of the minor's successful completion of the training must be maintained by the law enforcement agency.

3. Supervision. A minor may perform traffic control duties only under direct supervision of a law enforcement officer as part of a career-oriented law enforcement program. This supervision must:
a. Be from a close distance so that the officer does not become distracted or perform other duties; and

b. Include means of radio contact in the event that the minor needs to contact another officer for assistance.

4. Limitations on events. A minor may perform traffic control duties only at civic events, fair parking lots, parades, walks, foot races, car shows and charity events.

5. Limitations on locations. A minor may not:
a. Direct traffic or pedestrians on busy roadways or thoroughfares;

b. Assist in traffic control at places of heightened danger such as traffic stops or roadblocks;

c. Direct traffic in conjunction with crowd control or riot control;

d. Collect donations at a traffic light;

e. Direct traffic at funeral processions; or

f. Direct traffic at the scene of an emergency.

6. Night activities prohibited. A minor may perform the activities authorized under this section only during the period from sunrise to sunset.

F. Exception to the prohibitions on working in confined spaces (Sec. 3B(19)) and working at heights (Sec. 3B(20)) may be made for work of an emergency nature that affects the public's health and safety. Such situations may include, but are not limited to, police, fire, emergency medical services and National Guard duty. All other restrictions in these rules still apply in such situations.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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