1. (a) The following occupations in agriculture are particularly hazardous for the employment of children below the age of sixteen (16):

   1. (1) Operating a tractor of over twenty power take-off (20 PTO) horsepower, or connecting or disconnecting an implement or any of its parts to or from such a tractor;

   2. (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:

      1. (A) Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, or mobile pea viner;
      2. (B) Feed grinder, crop dryer, forage blower, auger conveyor, or the unloading mechanism of a nongravity-type self-unloading wagon or trailer; or
      3. (C) Power post-hole digger, power post driver, or nonwalking type rotary tiller;

   3. (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:

      1. (A) Trencher or earthmoving equipment;
      2. (B) Forklift;
      3. (C) Potato combine; or
      4. (D) Power-driven circular, band, or chain saw;

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

      1. (A) Bull, boar, or stud horse maintained for breeding purposes; or
      2. (B) Sow with suckling pigs or cow with newborn calf (with umbilical cord present);
   5. (5) Felling, bucking, skidding, loading, or unloading timber with butt diameter of more than six inches (6”);
   6. (6) Working from a ladder or scaffold (painting, repairing, or building structures, pruning trees, picking fruit, etc.) at a height of over twenty feet (20’);
   7. (7) Driving a bus, truck, or automobile when transporting passengers, or riding on a tractor as a passenger or helper;

   8. (8) Working inside:

      1. (A) A fruit, forage, or grain storage designed to retain an oxygen deficient or toxic atmosphere;
      2. (B) An upright silo within two (2) weeks after silage has been added or when a top unloading device is in operating position;
      3. (C) A manure pit; or
      4. (D) A horizontal silo while operating a tractor for packing purposes;
   9. (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 by the federal Environmental Protection Agency 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 (see 40 C.F.R. pt. 156);

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

       1. (A) Dynamite;
       2. (B) Black powder;
       3. (C) Sensitized ammonium nitrate;
       4. (D) Blasting caps; and
       5. (E) Primer cord; and
   11. (11) Transporting, transferring, or applying anhydrous ammonia.

2. (b) Exemptions.

   1. (1) This section shall not apply to the employment of a child below the age of sixteen (16) by his or her parent or guardian on a farm owned or controlled by such parent or guardian.

   2. (2) Student-learners. The prohibitions in subsection (a) of this section shall not apply to the employment of any child as a vocational agriculture student-learner in any of the occupations described in subdivision (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6) of this section when each of the following requirements are met:

      1. (A) The student-learner is enrolled in a:

3. (i) Vocational education training program in agriculture under a recognized state or local educational authority; or

   1. (ii) Substantially similar program conducted by a private school;

      1. (B) The student-learner is employed under a written agreement which provides:

         1. (i) That the work of the student-learner is incidental to his or her training;
         2. (ii) That the work shall be intermittent, for short periods of time, and under the direct and close supervision of a qualified and experienced person;
         3. (iii) That safety instruction shall be given by the school and correlated by the employer with on-the-job training;
         4. (iv) That a schedule of organized and progressive work processes to be performed on the job have been prepared; and
         5. (v) 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
      2. (C) Copies of each such agreement are kept on file by both the educational authority or school and by the employer.

   2. (3)

      1. (A) Federal Extension Service. The prohibitions in subsection (a) of this section shall not apply to the employment of a child under sixteen (16) years of age in those occupations in which he or she has successfully completed one (1) or more training programs described in subdivision (b)(3)(B), (b)(3)(C), or (b)(3)(D) of this section, or described in Section 33f04(b) of the United States Department of Labor Wage and Hour Field Operations Handbook by the local county agricultural extension agent as part of the 4-H Club program, provided the minor is identified by showing a copy of his or her certificate of training and the employer retains a copy of the certificate of training on file, and provided further he or she:

         1. (i) Has been instructed by his or her employer on safe and proper operation of the specific equipment he or she is to use; and
         2. (ii) Is continuously and closely supervised by the employer where feasible or, where not feasible, in work such as cultivating, his or her safety is checked by the employer at least at:
4. (a) (a) Midmorning;

5. (b) (b) Noon; and

   1. (c) (c) Midafternoon.

      1. (B) 4-H tractor operation program. The child is qualified to be employed in an occupation described in subdivision (a)(1) of this section, provided:

         1. (i) He or she is a 4-H member;
         2. (ii) He or she is fourteen (14) years of age or older;
         3. (iii) He or she is familiar with the normal working hazards in agriculture;
         4. (iv) He or she has completed a ten-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:

6. (a) (a) First Year Manual:

   1. (1) (1) Unit 1 – Learning How to be Safe;
   2. (2) (2) Unit 4 – The Instrument Panel;
   3. (3) (3) Unit 5 – Controls for Your Tractor;
   4. (4) (4) Unit 6 – Daily Maintenance and Safety Check; and
   5. (5) (5) Unit 7 – Starting and Stopping Your Tractor;

7. (b)

   1. (1) (b)(1) Second Year Manual.

   2. (2) (2) Unit 1 – Tractor Safety on the Farm; and

      1. (c) (c) Third Year Manual:
   3. (1) (1) Unit 1 – Tractor Safety on the Highway; and

   4. (2) (2) Unit 3 – Hitches, Power Take-off, and Hydraulic Controls;

      1. (v) He or she has passed a written examination on tractor safety and has demonstrated his or her 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

         1. (vi) His or her employer has on file with the child's records kept pursuant to 11 CAR § 12-601 (basically, name, address, and date of birth) a copy of a certificate acceptable by the Labor Standards Section of the Division of Labor, 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 subdivisions (b)(3)(B)(i) – (v) of this section.

      2. (C) 4-H machine operation program. The child is qualified to be employed in an occupation described in subdivision (a)(2) of this section, provided:

         1. (i) He or she completed the Tractor Operation Program specified in subdivisions (b)(3)(B)(i) – (v) of this section;
         2. (ii) He or she has completed an additional ten-hour training program on farm machinery safety, including 4-H Fourth Year Manual, Unit 1, Safe Use of Farm Machinery;
         3. (iii) He or she has passed a written and practical examination on safe machinery operation; and
         4. (iv) His or her employer has on file with the child’s records kept pursuant to 11 CAR § 12-601 (basically, name, address, and date of birth) a copy of a certificate acceptable by the Labor Standards Section, 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 subdivision (b)(3)(C)(i) – (iii) of this section.

      3. (D) Tractor and machine operation program. The child is qualified to be employed in an occupation described in subdivisions (a)(1) and (2) of this section, provided:

         1. (i) He or she is fourteen (14) years of age or older;
         2. (ii) He or she has completed a four-hour orientation course familiarizing himself or herself with the normal working hazards in agriculture;
         3. (iii) He or she has completed a twenty-hour training program on safe operation of tractors and farm machinery, which covers all material specified in subdivisions (b)(3)(B)(iv) and (b)(3)(C)(ii) of this section;
         4. (iv) He or she has passed a written examination on tractor and farm machinery safety, and has demonstrated his or her 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; and
         5. (v) His or her employer has on file with the child's records kept pursuant to 11 CAR § 12-601 (basically, name, address, and date of birth) a copy of a certificate acceptable by the Labor Standards Section, 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 subdivisions (b)(3)(C)(i) – (iv) of this section have been met.

   5. (4) Vocational agriculture training. The findings and declarations of fact in subsection (a) of this section shall not apply to the employment of a vocational agriculture student under sixteen (16) years of age in those occupations in which he or she has successfully completed one (1) or more training programs described in subdivision (b)(4)(A) or (b)(4)(B) of this section or described in Section 33f04(c) of the United States Department of Labor Wage and Hour Division Field Operations Handbook provided by local vocational agriculture teachers on the safe use of tractors and farm machinery provided the student is identified by showing a copy of his or her certificate of training and the employer retains a copy of the certificate of training on file, and who has been instructed by his or her employer in the safe and proper operation of the specific equipment he or she is to use, who is continuously and closely supervised by this 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. (A) Tractor operation program. The student is qualified to be employed in an occupation described in subdivision (a)(1) of this section provided:

         1. (i) He or she is fourteen (14) years of age or older;
         2. (ii) He or she is familiar with the normal working hazards in agriculture;
         3. (iii)
8. (a) (a) He or she has completed a fifteen-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, United States Department of Health, Education, and Welfare and acceptable by the United States Department of Labor.

9. (b) (b) The training program is outlined in Special Paper No. 8, April 1969, prepared at Michigan State University, East Lansing, MI, for the Office of Education.

   1. (c) (c) Copies of this training program outline may be obtained from the Office of Education, United States Department of Health, Education, and Welfare, Washington, D.C., 20202;

      1. (iv) He or she has passed both a written test and a practical test on tractor safety including a demonstration of his or her 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, United States Department of Health, Education, and Welfare; and

         1. (v) His or her employer has on file with the child's records kept pursuant to 11 CAR § 12-601 (basically, name, address, and date of birth) a copy of a certificate acceptable by the Labor Standards Section, signed by the vocational agriculture teacher who conducted the program to the effect that the student has completed all the requirements specified in subdivisions (b)(4)(A)(i) – (iv) of this section; or

      2. (B) Machinery operation program. The student is qualified to be employed in an occupation described in subdivision (a)(2) of this section provided he or she has completed the Tractor Operation Program described in subdivision (b)(4)(A) of this section and:

         1. (i) He or she has completed an additional ten-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, United States Department of Health, Education, and Welfare and approved by the United States Department of Labor;
         2. (ii) He or she 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, United States Department of Health, Education, and Welfare; and
         3. (iii) His or her employer has on file with the child's records kept pursuant to 11 CAR § 12-601 (basically, name, address, and date of birth) a copy of a certificate acceptable by the Labor Standards Section, signed by the vocational agriculture teacher who conducted the program to the effect that the student has completed all the requirements specified in subdivisions (b)(4)(B)(i) and (ii) of this section.

Codification Notes: All functions and offices of the United States Department of Health, Education, and Welfare regarding education were transferred to the United States Department of Education under 20 U.S.C. § 3441.