Authority: Secs. 3, 18, 52 Stat. 1060, 1069; 29 U.S.C. 203, 218.
Note: The provisions of this subpart declaring certain occupations
to be particularly hazardous for the employment of minors between 16 and
18 years of age or detrimental to their health or well-being do not
apply to employment in agriculture.
(a) Higher standards. Nothing in this subpart shall authorize non-
compliance with any Federal or State law, regulation, or municipal
ordinance establishing a higher standard. If more than one standard
within this subpart applies to a single activity the higher standard
shall be applicable.
(b) Apprentices. Some sections in this subpart contain an exemption
for the employment of apprentices. Such an exemption shall apply only
when: (1) The apprentice is employed in a craft recognized as an
apprenticeable trade; (2) the work of the apprentice in the occupations
declared particularly hazardous is incidental to his training; (3) such
work is intermittent and for short periods of time and is under the
direct and close supervision of a journeyman as a necessary part of such
apprentice training; and (4) the apprentice is registered by the Bureau
of Apprenticeship and Training of the United States Department of Labor
as employed in accordance with the standards established by that Bureau,
or is registered by a State agency as employed in accordance with the
standards of the State apprenticeship agency recognized by the Bureau of
Apprenticeship and Training, or is employed under a written
apprenticeship agreement and conditions which are found by the Secretary
of labor to conform substantially with such Federal or State standards.
(c) Student-learners. Some sections in this subpart contain an
exemption for the employment of student-learners. Such an exemption
shall apply when:
(1) The student-learner is enrolled in a course of study and
training in a cooperative vocational training program under a recognized
State or local educational authority or in a course of study in a
substantially similar program conducted by a private school and;
(2) Such student-learner is employed under a written agreement which
provides:
(i) That the work of the student-learner in the ocupations declared
particularly hazardous shall be incidental to his training;
(ii) That such work shall be intermittent and for short periods of
time, and under the direct and close supervision of a qualified and
experienced person;
(iii) That safety instructions 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 shall have been prepared.
Each such written agreement shall contain the name of student-learner,
and shall be signed by the employer and the school coordinator or
principal. Copies of each agreement shall be kept on file by both the
school and the employer. This exemption for the employment of student-
learners may be revoked in any individual situation where it is found
that reasonable precautions have not been observed for the safety of
minors employed thereunder. A high school graduate may be employed in an
occupation in which he has completed training as provided in this
paragraph as a student-learner, even though he is not yet 18 years of
age.
[28 FR 3449, Apr. 9, 1963, as amended at 33 FR 12777, Sept. 10, 1968.
Redesignated and amended at 36 FR 25156, Dec. 29, 1971]
