New York State Website

 
 

FEDERAL PROHIBITED OCCUPATIONS

Under 18 Years
Under 16 Years of Age
Farm Labor (Under 16)
Federal Contracts

FEDERAL PROHIBITED OCCUPATIONS - UNDER I8 YEARS OF AGE

In addition to the State regulations concerning prohibited occupations, there are 17 Federal Hazardous Orders in Non-Agricultural Occupations that prohibit the employment of minors under 18 engaged in interstate commerce. These orders apply to occupations:

In or about plants manufacturing or storing explosives or articles containing explosive components.

Motor vehicle driver and outside helper.

Coal-mining occupations.

Logging and/or in the operation of any sawmill, lath mill, shingle mill or cooperage-stock mill.

Involved in the operation of power-driven wood-working machines.

Involving exposure to radioactive substances and to ionizing radiation.

Involved in the operation of elevators and other power-driven hoisting apparatus. (However, minors 16 and 17 years old are permitted to operate and ride on automatic enclosed elevators.)

Involved in the operation of power-driven metal-forming, punching and shearing machines.

In connection with mining, other than coal.

In or about slaughtering, meatpacking, rendering or involving the operation, setting up, adjusting, cleaning, oiling, wiping, or repairing of a meat slicer.

Involved in the operation of certain power-driven bakery machines.

Involved in the operation of certain power-driven paper products machines.

Involved in the manufacture of brick, tile, and kindred products.

Involving the operation of power-driven circular saws, band saws and guillotine shears.

Involving wrecking, demolition, and shipbreaking operations.

Involving roofing operations.

Involving excavation operations.

( NOTE: Orders 5,8,10,12,14,16, and 17 contain exemptions for 16 and 17 year old apprentices and student learners, and high school graduates who have completed training as student learners, when employed under prescribed conditions.)

FEDERAL PROHIBITED OCCUPATIONS - UNDER 16 YEARS OF AGE

In addition, Federal regulations issued under the Federal Fair Labor Standards Act prohibit employment of minors under 16 in the following occupations in firms covered under the Fair Labor Standards Act:

Operating or tending hoisting apparatus or power-driven machinery other than office machines.

Public messenger service.

Occupations in connection with transportation of persons or property, warehousing and storage, communications and public utilities, and construction, except office and sales work not involving duties on a means of transportation or at a construction site.

Any form of mining.

Processing food such as filleting fish, dressing poultry, or cracking nuts.

That require performance of any duties in work areas or work places where goods are manufactured, mined, or otherwise processed.

Any manufacturing occupation

Any prohibited occupation for minors under 18 years of age

The use of power-driven mowers or cutters used in the maintenance of grounds

In the following occupations in a retail, food service, or gasoline service establishment covered by the Federal wage and hour laws:

work in boiler or engine rooms.

outside window washing involving work from window sills, ladders, or scaffolds.

cooking, except at soda fountains and lunch bars.

baking.

work with power-driven food slicers and grinders, food choppers and cutters, and bakery-type mixers.

work in freezers, meat coolers, and in preparation of meats for sale, except wrapping, pricing, sealing, labeling, weighing, and stocking when performed in other areas.

loading and unloading goods to and from trucks, railroad cars, and conveyors.

maintenance or repair of establishment or machines, except cleanup work in connection with cars or trucks involving use of pits, racks, or lifting apparatus, or involving the inflation of any tire mounted on a rim equipped with a movable retaining ring.

FEDERAL PROHIBITED OCCUPATIONS - FARM LABOR (UNDER 16 YEARS OF AGE)

In addition, there is a Federal Hazardous Occupations Order covering minors under l6 years of age engaged in farm work. The Federal order sets certain occupational restrictions for agricultural workers under 16 years of age employed in the production of goods for interstate commerce. The order is applicable regardless of whether or not the minors are covered by Federal minimum wage provisions. The order lists 16 prohibited occupations for minors under 16 years of age, including working with certain power-driven farm machinery operating a tractor with over 2O PTO horsepower, and working with explosives or certain chemicals.

The prohibitions on child labor on farms do not apply, however, to minors employed on a farm owned or operated by their parents, or to students enrolled in a recognized vocational education training program. In addition, exemptions are provided for 4-H members who have completed designated training programs and participants in other approved farm training and education programs. Details of these exemptions may be obtained from the nearest office of the U.S. Department of Labor, Wage and Hour Division.

FEDERAL CONTRACTS

In addition to the other prohibited occupations, youth under 16 may not be employed in the manufacture or furnishing of any article included in a U.S. Government contract in excess of $10,000 (Federal Public Contracts Act).