Wis. Admin. Code Department of Workforce Development DWD 270.14

Current through October 28, 2024

Section DWD 270.14 - Exemptions to hazardous employment prohibitions

Sections DWD 270.12 or shall not 270.13 apply to a minor 14 through 17 years of age when employed under the following conditions:

(1) APPRENTICE. A minor indentured under the provisions of s. 106.01, Stats., shall be exempt from the prohibitions in ss. DWD 270.12 or if the 270.13 minor is performing service within the provisions of a contract of apprentice indenture approved by the department.

(2) HIGH SCHOOL GRADUATE. A minor who has graduated from high school or passed the general education development test may be employed in the occupations otherwise prohibited under s. DWD 270.12 except the following:

(a) Section DWD 270.12(4), Bakery machines.

(b) Section DWD 270.12(6), Brick, tile, and similar products.

(c) Section DWD 270.12(8), Coal mine.

(d) Section DWD 270.12(11), Explosives.

(e) Section DWD 270.12(12), Hoists and hoisting apparatus.

(f) Section DWD 270.12(17), Logging, sawmill, lath mill, shingle mill, or cooperage.

(g) Section DWD 270.12(18), Meat processing.

(h) Section DWD 270.12(19), Metal forming, punching and shearing power-driven machines.

(i) Section DWD 270.12(20), Mining, other than coal.

(j) Section DWD 270.12(21), Motor vehicle driver and helper.

(k) Section DWD 270.12(22), Paper-products machines.

(L) Section DWD 270.12(23), Radioactive substances and ionizing radiations.

(m) Section DWD 270.12(25), Saws and guillotine shears.

(n) Section DWD 270.12(27), Woodworking power-driven machines.

(o) Section DWD 270.12(28), Wrecking, demolition, and shipbreaking.

Note: This subsection does not exempt high school graduates or minors who have passed the GED test from the permit requirement in s. DWD 270.05.

(3) STUDENT LEARNER.

(a) Except as provided in par. (f), a student learner shall be exempt from the prohibitions in ss. DWD 270.12 and if the 270.13 student learner is performing service within a bona fide school-work training program sponsored by an accredited school and authorized and approved by the state department of public instruction, the technical college system board, or the department's youth apprenticeship program.

(b) For the purpose of this subsection, a student learner is a student of an accredited school who is employed on a part-time basis to obtain both scholastic credit and employment training under a bona fide written school-work training program agreement.

(c) Each school-work training agreement shall contain the name of the student learner; shall be signed by the parent, employer, and school principal; shall be kept on file by both the school and the employer; and shall provide all of the following:

1. That the work of the student learner in the occupation declared hazardous under ss. DWD 270.12 and is incidental 270.13 to the student learner's training, and shall be intermittent and only for short periods of time.

2. That the work shall be under the direct and close supervision of a qualified and experienced person.

3. That safety instructions will be given by the school and correlated by the employer with on-the-job training.

4. A schedule of organized and progressive work processes to be performed on the job.

(d) A child labor permit under s. DWD 270.05 shall be obtained for each student learner.

(e) The department may revoke the exemption under this subsection in a particular place of employment if the department finds that reasonable precautions have not been observed for the safety of a minor employed under a school-work training program agreement.

(f) A student learner may be employed in the occupations otherwise prohibited under ss. DWD 270.12 and except the 270.13 following:

1.DWD 270.12(4) Bakery machines.

2.DWD 270.12(6) Brick, tile, and similar products.

3.DWD 270.12(8) Coal mine.

4.DWD 270.12(11) Explosives.

5.DWD 270.12(12) Hoists and hoisting apparatus.

6.DWD 270.12(17) Logging, sawmill, lath mill, shingle mill, or cooperage stock mill.

7.DWD 270.12(20) Mining, other than coal.

8.DWD 270.12(21) Motor vehicle driver and outside helper.

9.DWD 270.12(23) Radioactive substances and ionizing radiations.

10.DWD 270.12(26) Strikes and lockouts.

11.DWD 270.12(28) Wrecking, demolition, and ship breaking.

12.DWD 270.13(8) Gun clubs.

13.DWD 270.13(13) Manufacturing, mining, or processing occupations.

Wis. Admin. Code Department of Workforce Development DWD 270.14

CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.