(a) Student-learners. The findings and declarations of fact in
Sec. 570.71(a) shall not apply to the employment of any child as
vocational agriculture student-learner in any of the occupations
described in paragraph (1), (2), (3), (4), (5), or (6) of Sec. 570.71(a)
when each of the following requirements are met:
(1) The student-learner is enrolled in a vocational education
training program in agriculture under a recognized State or local
educational authority, or in a substantially similar program conducted
by a private school;
(2) Such student-learner is employed under a written agreement which
provides; (i) that the work of the student-learner is incidental to his
training; (ii) that such work shall be intermittent, for short periods
of time, and under the direct and close supervision of a qualified and
experienced person; (iii) that safety instruction shall be given by the
school and correlated by the employer with on-the-job training; and (iv)
that a schedule of organized and progressive work processes to be
performed on the job have been prepared;
(3) Such written agreement contains the name of the student-learner,
and is signed by the employer and by a person authorized to represent
the educational authority or school; and
(4) Copies of each such agreement are kept on file by both the
educational authority or school and by the employer.
(b) Federal Extension Service. The findings and declarations of fact
in Sec. 570.71(a) shall not apply to the employment of a child under 16
years of age in those occupations in which he has successfully completed
one or more training programs described in paragraph (b) (1), (2), or
(3) of this section provided he has been instructed by his employer on
safe and proper operation of the specific equipment he is to use; is
continuously and closely supervised by the employer where feasible; or,
where not feasible, in work such as cultivating, his safety is checked
by the employer at least at midmorning, noon, and midafternoon.
(1) 4-H tractor operation program. The child is qualified to be
employed in an occupation described in Sec. 570.71(a)(1) provided:
(i) He is a 4-H member;
(ii) He is 14 years of age, or older;
(iii) He is familiar with the normal working hazards in agriculture;
(iv) He has completed a 10-hour training program which includes the
following units from the manuals of the 4-H tractor program conducted
by, or in accordance with the requirements of, the Cooperative Extension
Service of a land grant university:
(a) First-year Manual:
Unit 1--Learning How to be Safe;
Unit 4--The Instrument Panel;
Unit 5--Controls for Your Tractor;
Unit 6--Daily Maintenance and Safety Check; and
Unit 7--Starting and Stopping Your Tractor;
(b) Second-year Manual:
Unit 1--Tractor Safety on the Farm;
(c) Third-year Manual:
Unit 1--Tractor Safety on the Highway;
Unit 3--Hitches, Power-take-off, and Hydraulic Controls;
(v) He has passed a written examination on tractor safety and has
demonstrated his ability to operate a tractor safely with a two-wheeled
trailed implement on a course similar to one of the 4-H Tractor
Operator's Contest Courses; and
(vi) His employer has on file with the child's records kept pursuant
to part 516 of this title (basically, name, address, and date of birth)
a copy of a certificate acceptable by the Wage and Hour Division, signed
by the leader who conducted the training program and by an Extension
Agent of the Cooperative Extension Service of a land
grant university to the effect that the child has completed all the
requirements specified in paragraphs (b)(1) (i) through (v) of this
section.
(2) 4-H machine operation program. The child is qualified to be
employed in an occupation described in Sec. 570.71(a)(2) providing:
(i) He satisfies all the requirements specified in paragraphs
(b)(2)(i) through (v) of this section;
(ii) He has completed an additional 10-hour training program on farm
machinery safety, including 4-H Fourth-Year Manual, Unit 1, Safe Use of
Farm Machinery;
(iii) He has passed a written and practical examination on safe
machinery operation; and
(iv) His employer has on file with the child's records kept pursuant
to part 516 of this title (basically, name, address, and date of birth)
a copy of a certificate acceptable by the Wage and Hour Division, signed
by the leader who conducted the training program and by an Extension
Agent of the Cooperative Extension Service of a land grant university,
to the effect that the child has completed all of the requirements
specified in paragraphs (b)(2) (i) through (iii) of this section.
(3) Tractor and machine operation program. The child is qualified to
be employed in an occupation described in Sec. 570.71(a) (1) and (2)
providing:
(i) He is 14 years of age, or older;
(ii) He has completed a 4-hour orientation course familiarizing him
with the normal working hazards in agriculture;
(iii) He has completed a 20-hour training program on safe operation
of tractors and farm machinery, which covers all material specified in
paragraphs (b) (1)(iv) and (2)(ii) of this section.
(iv) He has passed a written examination on tractor and farm
machinery safety, and has demonstrated his ability to operate a tractor
with a two-wheeled trailed implement on a course similar to a 4-H
Tractor Operator's Contest Course, and to operate farm machinery safely.
(v) His employer has on file with the child's records kept pursuant
to part 516 of this title (basically, name, address and date of birth) a
copy of a certificate acceptable by the Wage and Hour Division, signed
by the volunteer leader who conducted the training program and by an
Extension Agent of the Cooperative Extension Service of a land grant
university, to the effect that all of the requirements of paragraphs
(b)(2) (i) through (iv) of this section have been met.
(c) Vocational agriculture training. The findings and declarations
of fact in Sec. 570.71(a) shall not apply to the employment of a
vocational agriculture student under 16 years of age in those
occupations in which he has successfully completed one or more training
programs described in paragraph (c)(1) or (2) of this section and who
has been instructed by his employer in the safe and proper operation of
the specific equipment he is to use, who is continuously and closely
supervised by his employer where feasible or, where not feasible, in
work such as cultivating, whose safety is checked by the employer at
least at midmorning, noon, and midafternoon, and who also satisfies
whichever of the following program requirements are pertinent:
(1) Tractor operation program. The student is qualified to be
employed in an occupation described in Sec. 570.71(a)(1) provided:
(i) He is 14 years of age, or older;
(ii) He is familiar with the normal working hazards in agriculture;
(iii) He has completed a 15-hour training program which includes the
required units specified in the Vocational Agriculture Training Program
in Safe Tractor Operation, outlined by the Office of Education, U.S.
Department of Health, Education, and Welfare and acceptable by the U.S.
Department of Labor. The training program is outlined in Special Paper
No. 8, April 1969, prepared at Michigan State University, East Lansing,
Mich., for the Office of Education. Copies of this training program
outline are available for examination in the Regional Offices of the
Wage and Hour Division, U.S. Department of Labor, and a copy may be
obtained from the Office of Education, U.S. Department of Health,
Education, and Welfare, Washington, DC 20202.
(iv) He has passed both a written test and a practical test on
tractor safety
including a demonstration of his ability to operate safely a tractor
with a two-wheeled trailed implement on a test course similar to that
described in the Vocational Agriculture Training Program in Safe Tractor
Operation, outlined by the Office of Education, U.S. Department of
Health, Education, and Welfare; and
(v) His employer has on file with the child's records kept pursuant
to part 516 of this title (basically, name, address, and date of birth)
a copy of a certificate acceptable by the Wage and Hour Division, signed
by the Vocational Agriculture teacher who conducted the program to the
effect that the student has completed all the requirements specified in
paragraphs (c)(1)(i) through (iv) of this section.
(2) Machinery operation program. The student is qualified to be
employed in an occupation described in paragraph (2) of Sec. 570.71(a)
provided he has completed the Tractor Operation Program described in
paragraph (c)(1) of this section and:
(i) He has completed an additional 10-hour training program which
includes the required units specified in the Vocational Agriculture
Training Program in Safe Farm Machinery Operation, outlined by the
Office of Education, U.S. Department of Health, Education, and Welfare
and approved by the U.S. Department of Labor;
(ii) He has passed both a written test and a practical test on safe
machinery operation similar to that described in the Vocational
Agriculture Training Program in Safe Farm Machinery Operation, outlined
by the Office of Education, U.S. Department of Health, Education, and
Welfare; and
(iii) His employer has on file with the child's records kept
pursuant to part 516 of this title (basically, name, address and date of
birth) a copy of a certificate acceptable by the Wage and Hour Division,
signed by the Vocational Agriculture teacher who conducted the program
to the effect that student has completed all the requirements specified
in paragraphs (c)(2)(i) and (ii) of this section.
(d) Agency review. The provisions of paragraphs (a), (b), and (c) of
this section will be reviewed and reevaluated before January 1, 1972. In
addition, determinations will be made as to whether the use of
protective frames, crush resistant cabs, and other personal protective
devices should be made a condition of these exemptions.
[35 FR 221, Jan. 7, 1970. Redesignated at 36 FR 25156, Dec. 29, 1971]
