(a) Finding and declaration of fact. All occupations in logging and
all occupations in the operation of any sawmill, lath mill, shingle
mill, or cooperage-stock mill are particularly hazardous for the
employment of minors between 16 and 18 years of age, except the
following:
(1) Exceptions applying to logging:
(i) Work in offices or in repair or maintenance shops.
(ii) Work in the construction, operation, repair, or maintenance of
living and administrative quarters of logging camps.
(iii) Work in timber cruising, surveying, or logging-engineering
parties; work in the repair or maintenance of roads, railroads, or
flumes; work in forest protection, such as clearing fire trails or
roads, piling and burning slash, maintaining fire-fighting equipment,
constructing and maintaining telephone lines, or acting as fire lookout
or fire patrolman away from the actual logging operations: Provided,
That the provisions of this paragraph shall not apply to the felling of
bucking of timber, the collecting or transporting of logs, the operation
of power-
driven machinery, the handling or use of explosives, and work on
trestles.
(iv) Peeling of fence posts, pulpwood, chemicalwood, excelsior wood,
cordwood, or similar products, when not done in conjunction with and at
the same time and place as other logging occupations declared hazardous
by this section.
(v) Work in the feeding or care of animals.
(2) Exceptions applying to the operation of any permanent sawmill or
the operation of any lath mill, shingle mill, or cooperage-stock mill:
Provided, That these exceptions do not apply to a portable sawmill the
lumberyard of which is used only for the temporary storage of green
lumber and in connection with which no office or repair or maintenance
shop is ordinarily maintained: And further provided, That these
exceptions do not apply to work which entails entering the sawmill
building:
(i) Work in offices or in repair or maintenance shops.
(ii) Straightening, marking, or tallying lumber on the dry chain or
the dry drop sorter.
(iii) Pulling lumber from the dry chain.
(iv) Clean-up in the lumberyard.
(v) Piling, handling, or shipping of cooperage stock in yards or
storage sheds other than operating or assisting in the operation of
power-driven equipment.
(vi) Clerical work in yards or shipping sheds, such as done by
ordermen, tally-men, and shipping clerks.
(vii) Clean-up work outside shake and shingle mills, except when the
mill is in operation.
(viii) Splitting shakes manually from precut and split blocks with a
froe and mallet, except inside the mill building or cover.
(ix) Packing shakes into bundles when done in conjunction with
splitting shakes manually with a froe and mallet, except inside the mill
building or cover.
(x) Manual loading of bundles of shingles or shakes into trucks or
railroad cars, provided that the employer has on file a statement from a
licensed doctor of medicine or osteopathy certifying the minor capable
of performing this work without injury to himself.
(b) Definition. As used in this section:
(1) The term all occupations in logging shall mean all work
performed in connection with the felling of timber; the bucking or
converting of timber into logs, poles, piles, ties, bolts, pulpwood,
chemical wood, excelsior wood, cordwood, fence posts, or similar
products; the collecting, skidding, yarding, loading, transporting and
unloading of such products in connection with logging; the constructing,
repairing and maintaining of roads, railroads, flumes, or camps used in
connection with logging; the moving, installing, rigging, and
maintenance of machinery or equipment used in logging; and other work
performed in connection with logging. The term shall not apply to work
performed in timber culture, timber-stand improvement, or in emergency
fire-fighting.
(2) The term all occupations in the operation of any sawmill, lath
mill, shingle mill, or cooperage-stock mill shall mean all work
performed in or about any such mill in connection with storing of logs
and bolts; converting logs or bolts into sawn lumber, laths, shingles,
or cooperage stock; storing, drying, and shipping lumber, laths,
shingles, cooperage stock, or other products of such mills; and other
work performed in connection with the operation of any sawmill, lath
mill, shingle mill, or cooperage-stock mill. The term shall not include
work performed in the planing-mill department or other remanufacturing
departments of any sawmill, or in any planing mill or remanufacturing
plant not a part of a sawmill.
[16 FR 7008, July 20, 1951. Redesignated at 28 FR 1634, Feb. 21, 1963,
and amended at 28 FR 3449, Apr. 9, 1963; 32 FR 6024, Apr. 15, 1967.
Redesignated and amended at 36 FR 25156, Dec. 29, 1971]
