The Secretary prescribes the following terms and conditions for the
protection of minors employed pursuant to a waiver granted under section
13(c)(4) of the Act:
(a) An employer or group of employers granted such a waiver shall
obtain and keep on file a signed statement of the parent or person
standing in the place of the parent of each 10 and 11-year old minor
employed consenting to the employment of such minor under the waiver.
(b) Any employment pursuant to a waiver shall be in compliance with
applicable Federal and State laws, and any regulations issued under
them.
(c) No employer or group of employers shall employ any 10 or 11 year
old minor pursuant to a waiver for more than 5 hours in any one day or
for more than 30 hours in any workweek with a meal break of at least 30
minutes and two rest breaks of at least 15 minutes each.
(d) An employer or group of employers granted such a waiver shall
provide immediately adjacent to the field(s) to be hand harvested: (1)
Adequate sanitary facilities, such as portable toilets; (2) adequate and
clean drinking water in covered containers with spouts, and an adequate
supply of paper or plastic cups for individual drinking use; and (3) a
specified adult employee, who is appropriately equipped and is
knowledgeable about first-aid treatment and readily available to give
such treatment when needed.
(e) An employer or group of employers granted such a waiver shall
provide emergency transportation either to the minor's permanent
residence or to the nearest hospital for any 10 or 11 year old hand
harvester who becomes ill or is injured during the normal hours of
employment.
(f) No 10 or 11 year old employed under a waiver shall ride upon or
be employed in the operation of or in the close proximity to any power
driven machinery or equipment. Generally, a distance of fifty feet or
more will be construed to meet the requirement
that employment not be in ``close proximity'' to machinery or equipment.
(g) An employer or group of employers granted such a waiver who
owns, operates, or causes to be operated any vehicle for the
transportation of such minors shall be responsible for assuring that:
(1) Every such vehicle is in compliance with all applicable Federal
and State safety and health standards and with the rules and regulations
issued by the Bureau of Motor Carrier Safety, Federal Highway
Administration of the U.S. Department of Transportation;
(2) Every such vehicle be designed for transporting passengers and
be operated by a lawfully licensed driver; and
(3) A vehicle liability insurance policy provides insurance in an
amount not less than the amounts applicable to vehicles used in the
transportation of passengers under the Interstate Commerce Act and its
regulations. These amounts currently are as follows:
Insurance Required for Passenger Equipment
------------------------------------------------------------------------
More than
12 or less 12
passengers passengers
------------------------------------------------------------------------
Limit for bodily injuries to or death of 1
person......................................... $100,000 $100,000
Limit for bodily injuries to or death of all
persons injured or killed in any 1 accident
(subject to a maximum of $100,000 for bodily
injuries to or death of 1 person).............. 300,000 500,000
Limit for loss or damage in any 1 accident to
property of others (excluding cargo)........... 50,000 50,000
------------------------------------------------------------------------
(h) A copy of the waiver shall be posted or readily available at the
site or sites of such employment of such minors during the entire
period.
(i) The employer or group of employers shall maintain and preserve a
record of the name, address, and occupation of each minor employed under
the waiver in accordance with Sec. 516.33(b) of this chapter. In
addition, the record shall also include the date of birth, the name and
address of the school in which the minor is enrolled, and the number of
hours worked each day and each week of the designated period. Each
employer required to maintain records under this part shall preserve
them for a period of at least 2 years.
(j) A waiver shall be effective for the period designated therein
with no provision for amendment
[43 FR 26562, June 21, 1978; 43 FR 28471, June 30, 1978]
