Current through Register Vol. 48, No. 9, September 27, 2024
(a) The employment of minors fourteen and
fifteen years of age in the occupation, for the periods, and under the
conditions hereafter specified does not interfere with their schooling or with
their health and well-being and shall not be deemed to be oppressive child
labor.
(b) In all occupations
covered by this subpart the employment (including suffering or permitting to
work) by an employer of minor employees fourteen and fifteen years of age shall
be confined to the following periods:
(1)
Outside school hours;
(2) Not more
than 40 hours in any one week when school is not in session;
(3) Not more than 18 hours in any one week
when school is in session;
(4) Not
more than 8 hours in any one day when school is not in session;
(5) Not more than 3 hours in any one day when
school is in session; and
(6)
Between 7 a.m. and 7 p.m. in any one day, except during the period of summer
break of the school district in which the minor resides, when the evening hour
will be 9 p.m.
(c)
Permitted occupations for minors fourteen and fifteen years employed by retail,
food service, and gasoline service establishments include:
(1) Office and clerical work, including the
operation of office machines;
(2)
Cashiering, selling, modeling, art work, work in advertising departments,
window trimming, and comparative shopping;
(3) Price marking and tagging by hand or by
machine, assembling orders, packing and shelving;
(4) Bagging and carrying out customers'
orders;
(5) Errand and delivery
work by foot, bicycle, and public transportation;
(6) Clean up work, including the use of
vacuum cleaners and floor waxers, and maintenance of grounds, but not including
the use of power-driven mowers, or cutters;
(7) Kitchen work and other work involved in
preparing and serving food and beverages, including the operation of machines
and devices used in the performance of such work, such as but not limited to,
dish-washers, toasters, dumb-waiters, popcorn poppers, milk shake blenders,
coffee grinders, automatic coffee machines, devices used to maintain the
temperature of prepared foods (such as warmers, steam tables, and heat lamps),
and microwave ovens that are used only to warm prepared food and do not have
the capacity to warm above 140 degrees Fahrenheit. Minors are permitted to
clean kitchen equipment (not otherwise prohibited), remove oil or grease
filters, pour oil or grease through filters, and move receptacles containing
hot grease or hot oil, but only when the equipment, surfaces, containers, and
liquids do not exceed a temperature of 100 degrees Fahrenheit;
(8) Work in connection with cars and trucks
if confined to the following: Dispensing gasoline and oil; courtesy service;
car cleaning, washing and polishing; and other occupations permitted by this
section, but not including work involving the use of pits, racks, or lifting
apparatus, or involving the inflation of any tire mounted on a rim equipped
with a removable retaining ring; and
(9) Cleaning vegetables and fruits, and
wrapping, sealing, labeling, weighing, pricing and stocking goods when
performed in areas physically separate from those where the work described in
paragraph (d)(12) of this section is performed.
(d) Occupations which are not permitted for
minors fourteen and fifteen years of age include:
(1) Manufacturing, mining, or processing
occupations, including occupations requiring the performance of any duties in
work rooms or work places where goods are manufactured, mined, or otherwise
processed, except those occupations permitted by paragraph (c) of this
section;
(2) Occupations which
involve the operation or tending of hoisting apparatus or of any power-driven
machinery other than office machines;
(3) The operation of motor vehicles or
service as helpers on such vehicles;
(4) Public messenger service;
(5) Occupations which the Director of the
Department of Labor, Licensing and Regulation may find and declare to be
hazardous for the employment of minors sixteen and seventeen years of age or
detrimental to their health or well-being;
(6) 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 public
utilities;
(d) Construction
(including demolition and repair);
except such office (including ticket office) work, or sales
work, in connection with paragraphs (6)(a), (b), (c), and (d) of this section,
as does not involve the performance of any duties on trains, motor vehicles,
aircraft, vessels, or other media of transportation or at the actual site of
construction operations;
(7) Work performed in or about boiler or
engine rooms;
(8) Work in
connection with maintenance or repair of the establishment, machines or
equipment;
(9) Outside window
washing that involves working from window sills, and all work requiring the use
of ladders, scaffolds, or their substitutes;
(10) Cooking and baking except:
(a) Cooking is permitted with electric or gas
grills which does not involve cooking over an open flame (Note: this provision
does not authorize cooking with equipment such as rotisseries, broilers,
pressurized equipment including fryolators, and cooking devices that operate at
extremely high temperatures such as "Neico broilers"); and
(b) Cooking is permitted with deep fryers
that are equipped with and utilize a device which automatically lowers the
baskets into the hot oil or grease and automatically raises the baskets from
the hot oil or grease;
(11) Occupations which involve operating,
setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers
and grinders, food choppers, and cutters, and bakery-type mixers;
(12) Work in freezers and meat coolers and
all work in the preparation of meats for sale except as described in paragraph
(c)(9) of this section;
(13)
Loading and unloading goods to and from trucks, railroad cars, or
conveyors;
(14) All occupations in
warehouses except office and clerical work.
(e) This section shall not apply to any Work
Experience or Career Exploration Program approved by the Administrator of the
Wage and Hour Division of the United States Department of Labor. The South
Carolina Department of Labor will not make separate determinations concerning
such programs. See 29 CFR Section 570.35(a).
