(a) Findings and declaration of fact. The following occupations are
particularly hazardous for the employment of minors between 16 and 18
years of age:
(1) The occupations of operation or assisting to operate any of the
following power-driven paper products machines:
(i) Arm-type wire stitcher or stapler, circular or band saw, corner
cutter or mitering machine, corrugating and single-or-double facing
machine, envelope die-cutting press, guillotine paper cutter or shear,
horizontal bar scorer, laminating or combining machine, sheeting
machine, scrap paper baler, paper box compactor, or vertical slotter.
(ii) Platen die-cutting press, platen printing press, or punch press
which involves hand feeding of the machine.
(2) The occupations of setting up, adjusting, repairing, oiling, or
cleaning these machines including those which do not involve hand
feeding.
(b) Definitions. Applicable ANSI Standard means the American
National Standard Institute's Standard ANSI Z245.5-1990 (``American
National Standard for Refuse Collection, Processing, and Disposal--
Baling Equipment--Safety Requirements'') for scrap paper balers or the
American National Standard Institute's Standard ANSI Z245.2-1992
(``American National Standard for Refuse Collection, Processing, and
Disposal Equipment--Stationary Compactors--Safety Requirements'') for
paper box compactors. Additional applicable standards are the American
National Standard Institute's Standard ANSI Z245.5-1997 (``American
National Standard for Equipment Technology and Operations for Wastes and
Recyclable Materials--Baling Equipment--Safety Requirements'') for scrap
paper balers or the American National Standard Institute's Standard ANSI
Z245.2-1997 (``American National Standard for Equipment Technology and
Operations for Wastes and Recyclable Materials--Stationary Compactors--
Safety Requirements'') for paper box compactors, which the Secretary has
certified
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to be at least as protective of the safety of minors as Standard ANSI
Z245.5-1990 for scrap paper balers or ANSI Z245.2-1992 for paper box
compactors. The ANSI standards for scrap paper balers and paper box
compactors govern the manufacture and modification of the equipment, the
operation and maintenance of the equipment, and employee training. These
ANSI standards are incorporated by reference in this paragraph and have
the same force and effect as other standards in this part. Only the
mandatory provisions (i.e., provisions containing the word ``shall'' or
other mandatory language) of these standards are adopted as standards
under this part. These standards are incorporated by reference as they
exist on the date of the approval; if any changes are made in these
standards which the Secretary finds to be as protective of the safety of
minors as the current standards, the Secretary will publish a Notice of
the change of standards in the Federal Register. These incorporations by
reference were approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these
standards are available for purchase from the American National
Standards Institute (ANSI), 23 West 43rd St., Fourth Floor, New York,
NY, 10036. In addition, these standards are available for inspection at
the National Archives and Records Administration (NARA) and at the
Occupational Safety and Health Administration's Docket Office, Room
N2625, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC, 20210, or any of its regional offices. For information
on the availability of this material at NARA, call 202-741-6030, or go
to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
Operating or assisting to operate means all work which involves
starting or stopping a machine covered by this section, placing
materials into or removing materials from a machine, including clearing
a machine of jammed paper or cardboard, or any other work directly
involved in operating the machine. The term does not include the
stacking of materials by an employee in an area nearby or adjacent to
the machine where such employee does not place the materials into the
machine.
Paper box compactor means a powered machine that remains stationary
during operation, used to compact refuse, including paper boxes, into a
detachable or integral container or into a transfer vehicle.
Paper products machine means:
(1) All power-driven machines used in--(i) Remanufacturing or
converting paper or pulp into a finished product, including preparing
such materials for recycling; or
(ii) Preparing such materials for disposal.
(2) The term applies to such machines whether they are used in
establishments that manufacture converted paper or pulp products, or in
any other type of manufacturing or nonmanufacturing establishment. The
term also applies to those machines which, in addition to paper
products, process other material for disposal.
Scrap paper baler means a powered machine used to compress paper and
possibly other solid waste, with or without binding, to a density or
form that will support handling and transportation as a material unit
without requiring a disposable or reusable container.
(c) Exemptions. (1) Sixteen- and 17-year-olds minors may load
materials into, but not operate or unload, those scrap paper balers and
paper box compactors that are safe for 16- and 17-year-old employees to
load and cannot be operated while being loaded. For the purpose of this
exemption, a scrap paper baler or a paper box compactor is considered to
be safe for 16- and 17-year-old to load only if all of the following
conditions are met:
(i) The scrap paper baler or paper box compactor meets the
applicable ANSI standard (the employer must initially determine if the
equipment meets the applicable ANSI standard, and the Administrator or
his/her designee may make a determination when conducting an
investigation of the employer);
(ii) The scrap paper baler or paper box compactor includes an on-off
switch incorporating a key-lock or other system and the control of the
system is maintained in the custody of
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employees who are 18 years of age or older;
(iii) The on-off switch of the scrap paper baler or paper box
compactor is maintained in an off position when the machine is not in
operation; and
(iv) The employer posts a notice on the scrap paper baler or paper
box compactor (in a prominent position and easily visible to any person
loading, operating, or unloading the machine) that includes and conveys
all of the following information:
(A) That the scrap paper baler or compactor meets the industry
safety standard applicable to the machine, as specified in paragraph
(b)(5) of this section. The notice shall completely identify the
appropriate ANSI standard.
(B) That sixteen- and 17-year-old employees may only load the scrap
paper baler or paper box compactor.
(C) That no employee under the age of 18 may operate or unload the
scrap paper baler or paper box compactor.
(2) This section shall not apply to the employment of apprentices or
student-learners under the conditions prescribed in Sec. 570.50 (b) and
(c).
[56 FR 58632, Nov. 20, 1991, as amended at 69 FR 75403, Dec. 16, 2004]
