[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: 29CFR570.72]



[Page 278-280]

 

                             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.  570.72  Exemptions.



    (a) Student-learners. The findings and declarations of fact in Sec.  

570.71(a) shall not apply to the employment of any child as vocational 

agriculture student-learner in any of the occupations described in 

paragraph (1), (2), (3), (4), (5), or (6) of Sec.  570.71(a) when each 

of the following requirements are met:

    (1) The student-learner is enrolled in a vocational education 

training program in agriculture under a recognized State or local 

educational authority, or in a substantially similar program conducted 

by a private school;

    (2) Such student-learner is employed under a written agreement which 

provides; (i) that the work of the student-learner is incidental to his 

training; (ii) that such work shall be intermittent, for short periods 

of time, and under the direct and close supervision of a qualified and 

experienced person; (iii) that safety instruction shall be given by the 

school and correlated by the employer with on-the-job training; and (iv) 

that a schedule of organized and progressive work processes to be 

performed on the job have been prepared;

    (3) Such written agreement contains the name of the student-learner, 

and is signed by the employer and by a person authorized to represent 

the educational authority or school; and

    (4) Copies of each such agreement are kept on file by both the 

educational authority or school and by the employer.

    (b) Federal Extension Service. The findings and declarations of fact 

in Sec.  570.71(a) shall not apply to the employment of a child under 16 

years of age in those occupations in which he has successfully completed 

one or more training programs described in paragraph (b) (1), (2), or 

(3) of this section provided he has been instructed by his employer on 

safe and proper operation of the specific equipment he is to use; is 

continuously and closely supervised by the employer where feasible; or, 

where not feasible, in work such as cultivating, his safety is checked 

by the employer at least at midmorning, noon, and midafternoon.

    (1) 4-H tractor operation program. The child is qualified to be 

employed in an occupation described in Sec.  570.71(a)(1) provided:

    (i) He is a 4-H member;

    (ii) He is 14 years of age, or older;

    (iii) He is familiar with the normal working hazards in agriculture;

    (iv) He has completed a 10-hour training program which includes the 

following units from the manuals of the 4-H tractor program conducted 

by, or in accordance with the requirements of, the Cooperative Extension 

Service of a land grant university:

    (a) First-year Manual:



Unit 1--Learning How to be Safe;

Unit 4--The Instrument Panel;

Unit 5--Controls for Your Tractor;

Unit 6--Daily Maintenance and Safety Check; and

Unit 7--Starting and Stopping Your Tractor;



    (b) Second-year Manual:



Unit 1--Tractor Safety on the Farm;



    (c) Third-year Manual:



Unit 1--Tractor Safety on the Highway;

Unit 3--Hitches, Power-take-off, and Hydraulic Controls;



    (v) He has passed a written examination on tractor safety and has 

demonstrated his ability to operate a tractor safely with a two-wheeled 

trailed implement on a course similar to one of the 4-H Tractor 

Operator's Contest Courses; and

    (vi) His employer has on file with the child's records kept pursuant 

to part 516 of this title (basically, name, address, and date of birth) 

a copy of a certificate acceptable by the Wage and Hour Division, signed 

by the leader who conducted the training program and by an Extension 

Agent of the Cooperative Extension Service of a land grant university to 

the effect that the child has completed all the requirements specified 

in paragraphs (b)(1) (i) through (v) of this section.

    (2) 4-H machine operation program. The child is qualified to be 

employed in an occupation described in Sec.  570.71(a)(2) providing:

    (i) He satisfies all the requirements specified in paragraphs 

(b)(2)(i) through (v) of this section;

    (ii) He has completed an additional 10-hour training program on farm 

machinery safety, including 4-H Fourth-



[[Page 279]]



Year Manual, Unit 1, Safe Use of Farm Machinery;

    (iii) He has passed a written and practical examination on safe 

machinery operation; and

    (iv) His employer has on file with the child's records kept pursuant 

to part 516 of this title (basically, name, address, and date of birth) 

a copy of a certificate acceptable by the Wage and Hour Division, signed 

by the leader who conducted the training program and by an Extension 

Agent of the Cooperative Extension Service of a land grant university, 

to the effect that the child has completed all of the requirements 

specified in paragraphs (b)(2) (i) through (iii) of this section.

    (3) Tractor and machine operation program. The child is qualified to 

be employed in an occupation described in Sec.  570.71(a) (1) and (2) 

providing:

    (i) He is 14 years of age, or older;

    (ii) He has completed a 4-hour orientation course familiarizing him 

with the normal working hazards in agriculture;

    (iii) He has completed a 20-hour training program on safe operation 

of tractors and farm machinery, which covers all material specified in 

paragraphs (b) (1)(iv) and (2)(ii) of this section.

    (iv) He has passed a written examination on tractor and farm 

machinery safety, and has demonstrated his ability to operate a tractor 

with a two-wheeled trailed implement on a course similar to a 4-H 

Tractor Operator's Contest Course, and to operate farm machinery safely.

    (v) His employer has on file with the child's records kept pursuant 

to part 516 of this title (basically, name, address and date of birth) a 

copy of a certificate acceptable by the Wage and Hour Division, signed 

by the volunteer leader who conducted the training program and by an 

Extension Agent of the Cooperative Extension Service of a land grant 

university, to the effect that all of the requirements of paragraphs 

(b)(2) (i) through (iv) of this section have been met.

    (c) Vocational agriculture training. The findings and declarations 

of fact in Sec.  570.71(a) shall not apply to the employment of a 

vocational agriculture student under 16 years of age in those 

occupations in which he has successfully completed one or more training 

programs described in paragraph (c)(1) or (2) of this section and who 

has been instructed by his employer in the safe and proper operation of 

the specific equipment he is to use, who is continuously and closely 

supervised by his employer where feasible or, where not feasible, in 

work such as cultivating, whose safety is checked by the employer at 

least at midmorning, noon, and midafternoon, and who also satisfies 

whichever of the following program requirements are pertinent:

    (1) Tractor operation program. The student is qualified to be 

employed in an occupation described in Sec.  570.71(a)(1) provided:

    (i) He is 14 years of age, or older;

    (ii) He is familiar with the normal working hazards in agriculture;

    (iii) He has completed a 15-hour training program which includes the 

required units specified in the Vocational Agriculture Training Program 

in Safe Tractor Operation, outlined by the Office of Education, U.S. 

Department of Health, Education, and Welfare and acceptable by the U.S. 

Department of Labor. The training program is outlined in Special Paper 

No. 8, April 1969, prepared at Michigan State University, East Lansing, 

Mich., for the Office of Education. Copies of this training program 

outline are available for examination in the Regional Offices of the 

Wage and Hour Division, U.S. Department of Labor, and a copy may be 

obtained from the Office of Education, U.S. Department of Health, 

Education, and Welfare, Washington, DC 20202.

    (iv) He has passed both a written test and a practical test on 

tractor safety including a demonstration of his ability to operate 

safely a tractor with a two-wheeled trailed implement on a test course 

similar to that described in the Vocational Agriculture Training Program 

in Safe Tractor Operation, outlined by the Office of Education, U.S. 

Department of Health, Education, and Welfare; and

    (v) His employer has on file with the child's records kept pursuant 

to part 516 of this title (basically, name, address, and date of birth) 

a copy of a certificate acceptable by the Wage and



[[Page 280]]



Hour Division, signed by the Vocational Agriculture teacher who 

conducted the program to the effect that the student has completed all 

the requirements specified in paragraphs (c)(1)(i) through (iv) of this 

section.

    (2) Machinery operation program. The student is qualified to be 

employed in an occupation described in paragraph (2) of Sec.  570.71(a) 

provided he has completed the Tractor Operation Program described in 

paragraph (c)(1) of this section and:

    (i) He has completed an additional 10-hour training program which 

includes the required units specified in the Vocational Agriculture 

Training Program in Safe Farm Machinery Operation, outlined by the 

Office of Education, U.S. Department of Health, Education, and Welfare 

and approved by the U.S. Department of Labor;

    (ii) He has passed both a written test and a practical test on safe 

machinery operation similar to that described in the Vocational 

Agriculture Training Program in Safe Farm Machinery Operation, outlined 

by the Office of Education, U.S. Department of Health, Education, and 

Welfare; and

    (iii) His employer has on file with the child's records kept 

pursuant to part 516 of this title (basically, name, address and date of 

birth) a copy of a certificate acceptable by the Wage and Hour Division, 

signed by the Vocational Agriculture teacher who conducted the program 

to the effect that student has completed all the requirements specified 

in paragraphs (c)(2)(i) and (ii) of this section.

    (d) Agency review. The provisions of paragraphs (a), (b), and (c) of 

this section will be reviewed and reevaluated before January 1, 1972. In 

addition, determinations will be made as to whether the use of 

protective frames, crush resistant cabs, and other personal protective 

devices should be made a condition of these exemptions.



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



Subpart F [Reserved]