['Wage and Hour']
['Child Labor']
11/21/2023
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(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 operation or assisting to operate any baler that is designed or used to process materials other than paper.
(3)The occupations of operation or assisting to operate any compactor that is designed or used to process materials other than paper.
(4)The occupations of setting up, adjusting, repairing, oiling, or cleaning any of the machines listed in paragraphs (a)(1), (2), and (3) of this section.
(b) Definitions. As used in this section:
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 (ANSI S245.5–1990) 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 (ANSI Z245.2– 1992) 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 (ANSI Z245.5–1997), the American National Standard Institute’s Standard ANSI Z245.5–2004 American National Standard for Equipment Technology and Operations for Wastes and Recyclable Materials—Baling Equipment—Safety Requirements for Installation, Maintenance and Operation (ANSI Z245.5–2004), and the American National Standard Institute’s Standard ANSI Z245.5–2008 American National Standard for Equipment Technology and Operations for Wastes and Recyclable Materials—Baling Equipment—Safety Requirements (ANSI Z245.5–2008) 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 (ANSI Z245.2–1997), the American National Standard Institute’s Standard ANSI Z245.2–2004 American National Standard for Equipment Technology and Operations for Wastes and Recyclable Materials—Stationary Compactors—Safety Requirements for Installation, Maintenance and Operation (ANSI Z245.2–2004), and the American National Standard Institute’s Standard ANSI Z245.2–2008 American National Standard for Equipment Technology and Operations for Wastes and Recyclable Materials—Stationary Compactors—Safety Requirements for Installation, Maintenance and Operation (ANSI Z245.2–2008) for paper box compactors, which the Secretary has certified to be at least as protective of the safety of minors as Standard ANSI Z245.5–1990 for scrap paper balers or Standard 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), 25 West 43rd St., Fourth Floor, New York, NY 10036. The telephone number for ANSI is (212) 642–4900 and its Web site is located at http://www.ansi.org. In addition, these standards are available for inspection at the National Archives and Records Administration (NARA). 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. These standards are also available for inspection at the Occupational Safety and Health Administration’s Docket Office, Room N–2625, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, or any of its regional offices. The telephone number for the Occupational Safety and Health Administration’s Docket Office is (202) 693–2350 and its Web site is located at http://dockets.osha.gov.
Baler that is designed or used to process materials other than paper means a powered machine designed or used to compress materials other than paper and cardboard boxes, 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.
Compactor that is designed or used to process materials other than paper means a powered machine that remains stationary during operation, designed or used to compact refuse other than paper or cardboard boxes into a detachable or integral container or into a transfer vehicle.
Operating or assisting to operate means all work that 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 materials, 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 all power-driven machines used in remanufacturing or converting paper or pulp into a finished product, including preparing such materials for recycling; or preparing such materials for disposal. 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 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)(1) That the scrap paper baler or compactor meets the industry safety standard applicable to the machine, as specified in paragraph (b) of this section and displayed in the following table.
| In order for employers to take advantage of the limited exception discussed in this section, the scrap paper baler must meet one of the following ANSI Standards: | In order for employers to take advantage of the limited exception discussed in this section, the paper box compactor must meet one of the following ANSI Standards: |
|---|---|
| ANSI Standard Z245.5-1990 | ANSI Standard Z245.2-1992. |
| ANSI Standard Z245.5-1997 | ANSI Standard Z245.2-1997. |
| ANSI Standard Z245.5-2004 | ANSI Standard Z245.2-2004. |
| ANSI Standard Z245.5-2008 | ANSI Standard Z245.2-2008. |
(2) 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 § 570.50 (b) and (c).
[56 FR 58632, Nov. 20, 1991; 69 FR 75403 Dec. 16, 2004; 75 FR 28456 May 20, 2010]
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.