[NASAFACS] Occupations Particularly Hazardous

Glover, Eleanor EGlover at ed.sc.gov
Fri Dec 13 13:50:10 MST 2013


Good Afternoon,


As a result of the work-based experience placement of a student, I found that there are limitations imposed on students enrolled in Culinary Arts courses listed in the Electronic Code of Federal Regulations noted as current as of December 11, 2013 as “Subpart E—Occupations Particularly Hazardous for the Employment of Minors Between 16 and 18 Years of Age or Detrimental to Their Health or Well-Being.”  Programs listed below under the heading “Hazardous occupations with exemptions:” have granted an exemption for a number of the hazardous occupations but not for operation of bakery machines. When you examine the others that have been granted the exemption, you will see that the danger for those far exceed bakery equipment. In researching further, I found that there is an application that can be submitted by State Education Agencies to make requests regarding the listed codes. I would like to submit the request to add the exemption statement for the operation of bakery machines. If some of you can make the request, it would be great to have a unified front.


http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.1.31&idno=29#29:3.1.1.1.31.5.132.11

RE: §570.62   Occupations involved in the operation of bakery machines (Order 11).<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&amp;sid=48d6ee3b99d3b3a97b1bf189e1757786&amp;rgn=div5&amp;view=text&amp;node=29:3.1.1.1.31&amp;idno=29#29:3.1.1.1.31.5.132.12>

*This is a request to amend Regulation §570.62 listed in the Electronic Code of Federal Regulations noted as current as of December 11, 2013, to include an exemption for §570.62 Occupations involved in the operation of bakery machines (Order 11), by adding  “(c) Exemptions. This section shall not apply to the employment of apprentices or student-learners under the conditions prescribed in §570.50 (b) and (c).”

Note: The listed regulation would limit the student’s ability to be adequately prepared for the workforce. The exception does provide some leeway, but does not provide what is needed for the preparation of future “workers to  acquire the skills they need to succeed.” (Fall 2013 Statement of Regulatory Priorities)

Exception listed in §570.62
“Exceptions. (1) This section shall not apply to the operation, including the setting up, adjusting, repairing, oiling and cleaning, of lightweight, small capacity, portable counter-top power-driven food mixers that are, or are comparable to, models intended for household use. For purposes of this exemption, a lightweight, small capacity mixer is one that is not hardwired into the establishment's power source, is equipped with a motor that operates at no more than 1⁄2 horsepower, and is equipped with a bowl with a capacity of no more than five quarts. Except, this exception shall not apply when the mixer is used, with or without attachments, to process meat or poultry products as prohibited by §570.61(a)(4).”

Student learner guidelines:
“(c) Student-learners. Some sections in this subpart contain an exemption for the employment of student-learners. Such an exemption shall apply when:
(1) The student-learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized State or local educational authority or in a course of study in a substantially similar program conducted by a private school and;
(2) Such student-learner is employed under a written agreement which provides:
(i) That the work of the student-learner in the occupations declared particularly hazardous shall be incidental to his training;
(ii) That such work shall be intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person;
(iii) That safety instructions 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 shall have been prepared.
Each such written agreement shall contain the name of student-learner, and shall be signed by the employer and the school coordinator or principal. Copies of each agreement shall be kept on file by both the school and the employer. This exemption for the employment of student-learners may be revoked in any individual situation where it is found that reasonable precautions have not been observed for the safety of minors employed thereunder. A high school graduate may be employed in an occupation in which he has completed training as provided in this paragraph as a student-learner, even though he is not yet 18 years of age.”
[28 FR 3449, Apr. 9, 1963, as amended at 33 FR 12777, Sept. 10, 1968. Redesignated and amended at 36 FR 25156, Dec. 29, 1971]



Hazardous occupations with exemptions:
§570.54   Forest fire fighting and forest fire prevention occupations, timber tract occupations, forestry service occupations, logging occupations, and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill (Order 4).<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&amp;sid=48d6ee3b99d3b3a97b1bf189e1757786&amp;rgn=div5&amp;view=text&amp;node=29:3.1.1.1.31&amp;idno=29#29:3.1.1.1.31.5.132.5>
(c) Exemptions. (1) The provisions contained in paragraph (a)(8) of this section that prohibit youth between 16 and 18 years of age from performing any work that entails entering the sawmill building do not apply to the employment of a youth who is at least 14 years of age and less than 18 years of age and who by statute or judicial order is exempt from compulsory school attendance beyond the eighth grade, if:
(i) The youth is supervised by an adult relative or by an adult member of the same religious sect or division as the youth;
(ii) The youth does not operate or assist in the operation of power-driven woodworking machines;
(iii) The youth is protected from wood particles or other flying debris within the workplace by a barrier appropriate to the potential hazard of such wood particles or flying debris or by maintaining a sufficient distance from machinery in operation; and
(iv) The youth is required to use, and uses, personal protective equipment to prevent exposure to excessive levels of noise and saw dust.

§570.55   Occupations involved in the operation of power-driven woodworking machines (Order 5).<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&amp;sid=48d6ee3b99d3b3a97b1bf189e1757786&amp;rgn=div5&amp;view=text&amp;node=29:3.1.1.1.31&amp;idno=29#29:3.1.1.1.31.5.132.6>
(c) Exemptions. This section shall not apply to the employment of apprentices or student-learners under the conditions prescribed in §570.50 (b) and (c).

§570.59   Occupations involved in the operation of power-driven metal forming, punching, and shearing machines (Order 8).<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&amp;sid=48d6ee3b99d3b3a97b1bf189e1757786&amp;rgn=div5&amp;view=text&amp;node=29:3.1.1.1.31&amp;idno=29#29:3.1.1.1.31.5.132.9>
(c) Exemptions. This section shall not apply to the employment of apprentices or student-learners under the conditions prescribed in §570.50 (b) and (c).

§570.61   Occupations in the operation of power-driven meat-processing machines and occupations involving slaughtering, meat and poultry packing, processing, or rendering (Order 10).<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&amp;sid=48d6ee3b99d3b3a97b1bf189e1757786&amp;rgn=div5&amp;view=text&amp;node=29:3.1.1.1.31&amp;idno=29#29:3.1.1.1.31.5.132.11>
(2) The employment of apprentices or student-learners under the conditions prescribed in §570.50(b) and (c).


§570.63   Occupations involved in the operation of balers, compactors, and paper-products machines (Order 12).<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&amp;sid=48d6ee3b99d3b3a97b1bf189e1757786&amp;rgn=div5&amp;view=text&amp;node=29:3.1.1.1.31&amp;idno=29#29:3.1.1.1.31.5.132.13>
(2) This section shall not apply to the employment of apprentices or student-learners under the conditions prescribed in §570.50 (b) and (c).

§570.65   Occupations involving the operation of circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs (Order 14).<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&amp;sid=48d6ee3b99d3b3a97b1bf189e1757786&amp;rgn=div5&amp;view=text&amp;node=29:3.1.1.1.31&amp;idno=29#29:3.1.1.1.31.5.132.15>
(c) Exemptions. This section shall not apply to the employment of apprentices or student-learners under the conditions prescribed in §570.50 (b) and (c).

§570.67   Occupations in roofing operations and on or about a roof (Order 16).<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&amp;sid=48d6ee3b99d3b3a97b1bf189e1757786&amp;rgn=div5&amp;view=text&amp;node=29:3.1.1.1.31&amp;idno=29#29:3.1.1.1.31.5.132.17>
(c) Exemptions. This section shall not apply to the employment of apprentices or student-learners under the conditions prescribed in §570.50 (b) and (c).

§570.68   Occupations in excavation operations (Order 17).<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&amp;sid=48d6ee3b99d3b3a97b1bf189e1757786&amp;rgn=div5&amp;view=text&amp;node=29:3.1.1.1.31&amp;idno=29#29:3.1.1.1.31.5.132.18>
(b) Exemptions. This section shall not apply to the employment of apprentices or student-learners under the conditions prescribed in §570.50 (b) and (c).

Let me know if you have any questions. ERG

Dr. Eleanor R. Abel Glover, Ed. Associate
Office of Career and Technology Education
South Carolina Department of Education
924 Rutledge Building
1429 Senate Street
Columbia, SC 29201
803-734-3826 phone
803-734-3525 fax
eglover at ed.sc.gov<mailto:eglover at ed.sc.gov>
http://www.ed.sc.gov<http://www.ed.sc.gov/>


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