(a) Finding and declaration of fact. All occupations in connection
with mining, other than coal, are particularly hazardous for the
employment of minors between 16 and 18 years of age or detrimental to
their health or well-being and employment in such occupations is
therefore prohibited under section 12 of the Fair Labor Standards Act,
as amended, except the following:
(1) Work in offices, in the warehouse or supply house, in the change
house, in the laboratory, and in repair or maintenance shops not located
underground.
(2) Work in the operation and maintenance of living quarters.
(3) Work outside the mine in surveying, in the repair and
maintenance of roads, and in general clean-up about the mine property
such as clearing brush and digging drainage ditches.
(4) Work of track crews in the building and maintaining of sections
of railroad track located in those areas of open-cut metal mines where
mining and haulage activities are not being conducted at the time and
place that such building and maintenance work is being done.
(5) Work in or about surface placer mining operations other than
placer dredging operations and hydraulic placer mining operations.
(6) The following work in metal mills other than in mercury-recovery
mills or mills using the cyanide process:
(i) Work involving the operation of jigs, sludge tables, flotation
cells, or drier-filters;
(ii) Work of hand-sorting at picking table or picking belt;
(iii) General clean-up work:
Provided, however, That nothing in this section shall be construed as
permitting employment of minors in any occupation prohibited by any
other hazardous occupations order issued by the Secretary of Labor.
(b) Definitions. As used in this section: The term all occupations
in connection with mining, other than coal shall mean all work performed
underground in mines and quarries; on the surface at underground mines
and underground quarries; in or about open-cut mines, open quarries,
clay pits, and sand and gravel operations; at or about placer mining
operations; at or about dredging operations for clay, sand or gravel; at
or about bore-hole mining operations; in or about all metal mills,
washer plants, or grinding mills reducing the bulk of the extracted
minerals; and at or about any other crushing, grinding, screening,
sizing, washing or cleaning operations performed upon the extracted
minerals except where such operations are performed as a part of a
manufacturing process. The term shall not include work performed in
subsequent manufacturing or processing operations, such as work
performed in smelters, electro-metallurgical plants, refineries
reduction plants, cement mills, plants where quarried stone is cut,
sanded and further processed, or plants manufacturing clay glass or
ceramic products. Neither shall the term include work performed in
connection with coal mining, in petroleum production, in natural-gas
production, nor in dredging operations which are not a part of mining
operations, such as dredging for construction or navigation purposes.
[16 FR 7008, July 20, 1951. Redesignated at 28 FR 1634, Feb. 21, 1963,
and amended at 28 FR 3449, Apr. 9, 1963. Redesignated at 36 FR 25156,
Dec. 29, 1971]
