(a) Finding and declaration of fact. The following occupations in
excavation operations are particularly hazardous for the employment of
persons between 16 and 18 years of age:
(1) Excavating, working in, or backfilling (refilling) trenches,
except (i) manually excavating or manually backfilling trenches that do
not exceed four feet in depth at any point, or (ii) working in trenches
that do not exceed four feet in depth at any point.
(2) Excavating for buildings or other structures or working in such
excavations, except: (i) Manually excavating to a depth not exceeding
four feet below any ground surface adjoining the excavation, or (ii)
working in an excavation not exceeding such depth, or (iii) working in
an excavation where the side walls are shored or sloped to the angle of
repose.
(3) Working within tunnels prior to the completion of all driving
and shoring operations.
(4) Working within shafts prior to the completion of all sinking and
shoring operations.
(b) Exemptions. This section shall not apply to the employment of
apprentices or student-learners under the conditions prescribed in
Sec. 570.50 (b) and (c).
[28 FR 3449, Apr. 9, 1963. Redesignated at 36 FR 25156, Dec. 29, 1971]
