[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR570.71]



[Page 277]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 570_CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION

--Table of Contents

 

 Subpart E-1_Occupations in Agriculture Particularly Hazardous for the 

               Employment of Children Below the Age of 16

 

Sec.  570.71  Occupations involved in agriculture.



    (a) Findings and declarations of fact as to specific occupations. 

The following occupations in agriculture are particularly hazardous for 

the employment of children below the age of 16:

    (1) Operating a tractor of over 20 PTO horsepower, or connecting or 

disconnecting an implement or any of its parts to or from such a 

tractor.

    (2) Operating or assisting to operate (including starting, stopping, 

adjusting, feeding, or any other activity involving physical contact 

associated with the operation) any of the following machines:

    (i) Corn picker, cotton picker, grain combine, hay mower, forage 

harvester, hay baler, potato digger, or mobile pea viner;

    (ii) Feed grinder, crop dryer, forage blower, auger conveyor, or the 

unloading mechanism of a nongravity-type self-unloading wagon or 

trailer; or

    (iii) Power post-hole digger, power post driver, or nonwalking type 

rotary tiller.

    (3) Operating or assisting to operate (including starting, stopping, 

adjusting, feeding, or any other activity involving physical contact 

associated with the operation) any of the following machines:

    (i) Trencher or earthmoving equipment;

    (ii) Fork lift;

    (iii) Potato combine; or

    (iv) Power-driven circular, band, or chain saw.

    (4) Working on a farm in a yard, pen, or stall occupied by a:

    (i) Bull, boar, or stud horse maintained for breeding purposes; or

    (ii) Sow with suckling pigs, or cow with newborn calf (with 

umbilical cord present)

    (5) Felling, bucking, skidding, loading, or unloading timber with 

butt diameter of more than 6 inches.

    (6) Working from a ladder or scaffold (painting, repairing, or 

building structures, pruning trees, picking fruit, etc.) at a height of 

over 20 feet.

    (7) Driving a bus, truck, or automobile when transporting 

passengers, or riding on a tractor as a passenger or helper.

    (8) Working inside:

    (i) A fruit, forage, or grain storage designed to retain an oxygen 

deficient or toxic atmosphere;

    (ii) An upright silo within 2 weeks after silage has been added or 

when a top unloading device is in operating position;

    (iii) A manure pit; or

    (iv) A horizontal silo while operating a tractor for packing 

purposes.

    (9) Handling or applying (including cleaning or decontaminating 

equipment, disposal or return of empty containers, or serving as a 

flagman for aircraft applying) agricultural chemicals classified under 

the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 et 

seq.) as Category I of toxicity, identified by the word ``poison'' and 

the ``skull and crossbones'' on the label; or Category II of toxicity, 

identified by the word ``warning'' on the label;

    (10) Handling or using a blasting agent, including but not limited 

to, dynamite, black powder, sensitized ammonium nitrate, blasting caps, 

and primer cord; or

    (11) Transporting, transferring, or applying anhydrous ammonia.

    (b) Occupational definitions. In applying machinery, equipment, or 

facility terms used in paragraph (a) of this section, the Wage and Hour 

Division will be guided by the definitions contained in the current 

edition of Agricultural Engineering, a dictionary and handbook, 

Interstate Printers and Publishers, Danville, Ill. Copies of this 

dictionary and handbook are available for examination in Regional 

Offices of the Wage and Hour Division, U.S. Department of Labor.



[35 FR 221, Jan. 7, 1970. Redesignated at 36 FR 25156, Dec. 29, 1971]



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