With respect to employment in occupations other than manufacturing
and mining, the Secretary is authorized to issue regulations or orders
lowering the age minimum to 14 years where he finds that such employment
is confined to periods which will not interfere with
the minors' schooling and to conditions which will not interfere with
their health and well-being. Pursuant to this authority, the Secretary
permits the employment of 14- and 15-year-old children in a limited
number of occupations where the work is performed outside school hours
and is confined to other specified limits. Under the provisions of Child
Labor Regulation No. 3, as amended, 28 employment of minors
in this age group is not permitted in the following occupations:
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28 Subpart C of this part.
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(a) Manufacturing, mining, or processing occupations;
(b) Occupations requiring the performance of any duties in a
workroom or workplace where goods are manufactured, mined, or otherwise
processed;
(c) Occupations involving the operation or tending of hoisting
apparatus or of any power-driven machinery other than office machines;
(d) Public messenger service;
(e) Occupations declared to be particularly hazardous or detrimental
to health or well-being by the Secretary; or
(f) Occupations (except office or sales work) in connection with:
(1) Transportation of persons or property by rail, highway, air, water,
pipeline, or other means; (2) warehousing and storage; (3)
communications and public utilities, and (4) construction (including
demolition and repair).
The exception permitting office and sales work performed in connection
with the occupations specified in paragraph (f) of this section does not
apply if such work is performed on trains or any other media of
transportation or at the actual site of construction operations.
Employment of 14- and 15-year-olds in all occupations other than the
foregoing is permitted by the regulation, if the following conditions
are observed: (i) Employment only outside school hours and between the
hours of 7 a.m. and 7 p.m., except during the summer (June 1 through
Labor Day) when the evening hour will be 9 p.m.; (ii) employment for not
more than 3 hours a day nor more than 18 hours a week when school is in
session; and, (iii) employment for not more than 8 hours a day nor more
than 40 hours a week when school is not in session. The employment of
minors under 14 years of age is not permissible under any circumstances
if the employment is covered by the child labor provisions and not
specifically exempt.
[36 FR 25157, Dec. 29, 1971]
