Chapter 4101:9-2 Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being

4101:9-2-01 Applicability of rules.

In order to prevent the employment of minors in any occupations found hazardous or detrimental to the health and well-being of minors, the director of the department of commerce, after consultation with the director of health, is authorized to issue rules pursuant to section 4109.05 of the Revised Code prohibiting the employment of minors in occupations which are hazardous or detrimental to the health and well-being of minors.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4111.05
Prior Effective Dates: 3/3/04, 6/3/09

4101:9-2-02 Prohibited occupations for minors under sixteen years of age.

Fourteen and fifteen-year-old minors may be employed in any occupation except the excluded occupations listed below:

Fourteen and fifteen-year-old minors may not be employed in:

(A) Any manufacturing occupation.

(B) Any mining occupation.

(C) Processing occupations such as filleting of fish, dressing poultry, cracking nuts, or laundering as performed by commercial laundries and dry cleaning (except in a retail, food service, or gasoline service establishment in those specific occupations expressly permitted there in accordance with the foregoing list).

(D) Occupations requiring the performance of any duties in workrooms or workplaces where goods are manufactured, mined, or otherwise processed.

(E) Public messenger service.

(F) Operation or tending of hoisting apparatus or of any power-driven machinery (other than office machines and machines in retail, food service and gasoline service establishments which are not prohibited by other rules).

(G) Any occupation found and declared to be hazardous.

(H) Occupations in connection with:

(1) Transportation of persons or property by rail, highway, air, on water, pipeline or other means.

(2) Warehousing and storage.

(3) Communications and public utilities.

(4) Construction (including repair).

Except office or sales work in connection with paragraphs (H) (1), (2), (3), and (4) when not performed on transportation media or at the actual construction site.

(I) Any of the following occupations in a retail food service, or gasoline service establishment:

(1) Work performed in or about boiler or engine rooms.

(2) Work in connection with maintenance or repair of the establishment, machines or equipment.

(3) Outside window washing that involves working from window sills, and all work requiring the use of ladders, scaffolds or their substitutes.

(4) Cooking (except at soda fountains, lunch counters, snack bars, or cafeteria serving counters) and baking.

(5) Occupations which involve operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers and cutters and bakery-type mixers.

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

(7) Loading and unloading goods to and from trucks, railroad cars or conveyors.

(8) All occupations in warehouses except office and clerical work.

(9) Work in connection with cars and trucks involving the use of pits, racks or lifting apparatus or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4111.05
Prior Effective Dates: 4/17/1979

4101:9-2-03 Hazardous occupations in agriculture.

The following occupations in agriculture are hazardous. No minor under sixteen may be employed at any time in these occupations except as exempt below.

(A) Operating a tractor of over twenty PTO horsepower, or connecting or disconnecting an implement or any of its parts to or from such a tractor.

(B) 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) Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, or mobile pea viner;

(2) Feed grinder, crop dryer, forage blower, auger conveyor, or the unloading mechanism of a nongravity-type self-unloading wagon or trailer; or

(3) Power post-hole digger, power post driver, or nonwalking-type rotary tiller.

(C) 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) Trencher or earthmoving equipment;

(2) Fork lift;

(3) Potato combine; or

(4) Power-driven circular, band, or chain saw.

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

(1) Bull, boar, or stud horse maintained for breeding purposes; or

(2) Sow with suckling pigs, or cow with newborn calf (with umbilical cord present).

(E) Felling, bucking, skidding, loading, or unloading timber with butt diameter of more than six inches.

(F) Working from a ladder or scaffold (painting, repairing, or building structures, pruning trees, picking fruit, etc.) at a height of over twenty feet.

(G) Driving a bus, truck or automobile when transporting passengers, or riding on a tractor as a passenger or helper.

(H) Working inside:

(1) A fruit, forage, or grain storage designed to retain an oxygen deficient or toxic atmosphere;

(2) An upright silo within two weeks after silage has been added or when a top unloading device is in operating position;

(3) A manure pit; or

(4) A horizontal silo while operating a tractor for packing purposes.

(I) 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 under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 135 et seq.) 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.

(J) Handling or using a blasting agent, including but not limited to, dynamite, black powder, sensitized ammonium nitrate, blasting caps, and primer cord; or

(K) Transporting, transferring, or applying anhydrous ammonia.

(L) Exemptions:

(1) These prohibitions do not apply to the employment of minors under eighteen years of age in connection with farms operated by their parents, grandparents or guardian where they are members of the guardian's household.

(2) Minors fourteen and fifteen years old who hold certificates of completion from the 4-H federal extension service training program and the United States office of education vocational agriculture training program for tractor operation or machine operation may work in the occupations for which they have been certified. Occupations for which these certificates are valid are covered by paragraphs (A) and (B) of this rule. Farmers employing minors who are certified under these programs must keep a copy of the certificates of completion on file with the minor employee's record.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4111.05
Prior Effective Dates: 4/17/1979

4101:9-2-04 Occupations involving slaughtering, meat-packing or processing, or rendering.

(A) The following occupations in or about slaughtering and meat-packing establishments, rendering plants, or wholesale, retail or service establishments are prohibited for minors under eighteen years of age unless exempt below.

(1) All occupations on the killing floor, in curing cellars, and in hide cellars, except the work of messengers, runners, hand-truckers, and similar occupations which require entering such workrooms or workplaces infrequently and for short periods of time.

(2) All occupations involved in the recovery of lard and oils, except packaging and shipping of such products and the operations of lard-roll machines.

(3) All occupations involved in tankage or rendering of dead animals, animal offal, animal fats, scrap meats, blood, and bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and similar products.

(4) All occupations involved in the operation or feeding of the following power-driven meat-processing machines, including the occupation of setting-up, adjusting, repairing, oiling, or cleaning such machines: meat patty forming machines, meat and bone cutting saws, knives, head splitters and guillotine cutters; snout pullers and jaw pullers, skinning machines; horizontal rotary washing machines; casing-cleaning machines such as crushing, stripping, and finishing machines; grinding, mixing, chopping, and hashing machines; and presses.

(5) All boning occupations.

(6) All occupations that involve the pushing or dropping of any suspended carcass, half carcass, or quarter carcass.

(7) All occupations involving hand-lifting or hand-carrying any carcass or half carcass of beef, pork, or horse, or any quarter carcass of beef or horse.

(B) Definitions:

(1) The term "slaughtering and meat-packing establishments" shall mean places in or about which cattle, calves, hogs, sheep, lambs, goats, or horses are killed, butchered, or processed. The term shall also include establishments which manufacture or process meat products or sausage casings from such animals.

(2) The term "rendering plants" shall mean establishments engaged in the conversion of dead animals, animal offal, animal fats, scrap meat, blood, and bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and similar products.

(3) The term "killing floor" shall include that workroom or workplace where cattle, calves, hogs, sheep, lambs, goats, or horses are immobilized, shackled, or killed, and the carcasses are dressed prior to chilling.

(4) The term "curing cellar" shall include that workroom or workplace which is primarily devoted to the preservation and flavoring of meat by curing materials. It does not include that workroom or workplace where meats are smoked.

(5) The term "hide cellar" shall include that workroom or workplace where hides are graded, trimmed, salted, and otherwise cured.

(6) The term "boning occupations" shall mean the removal of bones from meat cuts. It shall not include work that involves cutting, scraping, or trimming meat from cuts containing bones.

(C) Exceptions:

This rule shall not apply to the killing and processing of poultry, rabbits, or small game in areas physically separated from the "killing floor".

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4111.05
Prior Effective Dates: 4/17/1979

4101:9-2-05 Power-driven bakery machine occupations.

(A) The following occupations involved in the operation of power-driven bakery machines are prohibited for minors under eighteen years of age unless exempt below.

(1) The occupations of operating, assisting to operate, or setting up, adjusting, repairing, oiling, or cleaning any horizontal or vertical dough mixer, batter mixer, bread dividing, rounding, or molding machine, dough brake, dough sheeter, combination bread slicing and wrapping machine, or cake cutting band saw.

(2) The occupation of setting up or adjusting a cookie or cracker machine.

(B) Exceptions:

This rule does not apply to the following list of bakery machines which may be operated by sixteen and seventeen-year-old minors.

(1) Ingredient preparation and mixing

Flour-sifting machine operator

Flour-blending machine operator

Sack-cleaning machine operator

(2) Product forming and shaping

Roll-dividing machine operator

Roll-making machine operator

Batter-sealing machine operator

Depositing machine operator

Cookie or cracker machine operator

Wafer machine operator

Pretzel-stick machine operator

Pie-dough sealing machine operator

Pie-dough rolling machine operator

(3) Finishing and icing

Depositing machine operator

Enrobing machine operator

Spray machine operator

Icing mixing machine operator

(4) Slicing and wrapping

Roll slicing and wrapping machine operator

Cake wrapping machine operator

Carton packing and sealing machine operator

(5) Pan washing

Spray-type pan washing machine operator

Tumbler-type pan washing machine operator

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4111.05
Prior Effective Dates: 4/17/1979

4101:9-2-06 Occupations involved in the manufacture of brick, tile and kindred products.

(A) The following occupations involved in the manufacture of clay construction products and of silica refractory products are prohibited for minors under eighteen years of age unless exempt below.

(1) All work in or about establishments in which clay construction products are manufactured, except (a) work in storage and shipping; (b) work in offices, laboratories, and storerooms; and (c) work in the drying departments of plants manufacturing sewer pipe.

(2) All work in or about establishments in which silica brick or other silica refractories are manufactured except work in offices.

(B) Definitions:

(1) The term "clay construction products" shall mean the following clay products: brick, hollow structural tile, sewer pipe and kindred products, refractories, and other clay products such as architectural terra cotta, glazed structural tile, roofing tile, stove lining, chimney pipes and tops, wall coping, and drain tile. The term shall not include the following non-structural-bearing clay products: ceramic, floor and wall tile, mosaic tile, glazed and enameled tile, faience, and similar tile, nor shall the term include non-clay construction products such as sand-lime brick, glass brick, or non-clay refractories.

(2) The term "silica brick or other silica refractories" shall mean refractory products produced from raw materials containing free silica as their main constituent.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-07 Occupations involved in the manufacture of chemicals.

All occupations involved in the manufacture, distribution or use of the following chemicals or chemical compounds: fertilizers, fungicides, insecticides, rodenticides, and herbicides are prohibited for minors under eighteen years of age.

Definitions:

(A) "Fertilizers" are artificial substances manufactured to be applied to the soil to increase fertility of vegetation.

(B) "Fungicides" are any poisonous substances that kill fungi or check the growth of spores.

(C) "Insecticides" are poisonous substances sprayed or dusted upon the soil or vegetation to kill or prevent the propagation of insect pests.

(D) "Rodenticides" are any poisonous substances that are used for killing rodents.

(E) "Herbicides" are any chemical substances used to kill or check the growth of plants.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-08 Manufacturing or storage occupations involving explosives.

(A) The following occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components are prohibited for minors under eighteen years of age unless exempt below.

(1) All occupations in or about any plant or establishment (other than retail establishments or plants or establishments of the type described in paragraph (A)(2)) manufacturing or storing explosives or articles containing explosive components except where the occupation is performed in a "nonexplosives area" as defined in paragraph (B)(3).

(2) The following occupations in or about any plant or establishment manufacturing or storing small arms ammunitions not exceeding.60 caliber in size, shotgun shells, or blasting caps when manufactured or stored in conjunction with the manufacture of small-arms ammunition:

(a) All occupations involved in the manufacturing, mixing, transporting or handling of explosive compounds in the manufacture of small-arms ammunition and all other occupations requiring the performance of any duties in the explosives area in which explosive compounds are manufactured or mixed;

(b) All occupations involved in the manufacturing, transporting, or handling of primers and all other occupations requiring the performance of any duties in the same building in which primers are manufactured;

(c) All occupations involved in the priming of cartridges and all other occupations requiring the performance of any duties in the same workroom in which rim-fire cartridges are primed;

(d) All occupations involved in the plate loading of cartridges and in the operation of automatic loading machines;

(e) All occupations involved in the loading, inspecting, packing, shipping and storage of blasting caps.

(B) Definitions:

(1) The term "plant or establishment manufacturing or storing explosives or articles containing explosive components" means the land with all the buildings and other structures thereon used in connection with the manufacturing or processing or storing of explosives or articles containing explosive components.

(2) The terms "explosives" and "articles containing explosive components" mean and include ammunition, black powder, blasting caps, fireworks, high explosives, primers, smokeless powder, and all goods classified and defined as explosives by the interstate commerce commission in regulations for the transportation of explosives by common carriers.

(3) An area meeting all of the following criteria shall be deemed a "nonexplosives area":

(a) None of the work performed in the area involves the handling or use of explosives;

(b) The area is separated from the explosives area by a distance not less than that prescribed in the "American Table of Distances" for the protection of inhabited buildings;

(c) The area is separated from the explosives area by a fence or is otherwise located so that it constitutes a definite designated area; and

(d) Satisfactory controls have been established to prevent employees under eighteen years of age within the area from entering any area about the plant which does not meet criteria of paragraphs (B)(3)(a) to (d).

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-09 Occupations involving exposure to radioactive substances and to ionizing radiations.

(A) The following occupations are prohibited for minors under eighteen years of age unless exempt below.

(1) Any work in any workroom in which:

(a) radium is stored or used in the manufacture of self-luminous compound;

(b) self-luminous compound is made, processed, or packaged;

(c) self-luminous compound is stored, used, or worked upon;

(d) incandescent mantles are made from fabric and solutions containing thorium salts, or are processed or packaged;

(e) other radioactive substances are present in the air in average concentrations exceeding ten per cent of the maximum permissible concentrations in the air recommended for occupational exposure by the "National Committee on Radiation Protection" as set forth in the forty-hour week column of table one of the "National Bureau of Standards Handbook No. 69" entitled "Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure," issued June 5, 1959.

(2) Any other work which involves exposure to ionizing radiations in excess of 0.5 rem per year.

(B) Definitions:

As used in this section:

(1) The term "self-luminous compound" shall mean any mixture of phosphorescent material and radium, mesothorium, or other radioactive element.

(2) The term "workroom" shall include the entire area bounded by walls of solid material and extending from floor to ceiling.

(3) The term "ionizing radiations" shall mean alpha and beta particles, electrons, protons, neutrons, gamma, and x-ray and all other radiations which produce ionizations directly or indirectly but does not include electromagnetic radiations other than gamma and x-ray.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-10 Power-driven paper-products machine occupations.

(A) The following occupations are prohibited for minors under eighteen years of age unless exempt below.

(1) The occupations of operating or assisting to operate any of the following power-driven paper-products machines.

(a) Arm-type wirestitcher 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, or vertical slotter.

(b) Platen die-cutting press, platen printing press, or punch press which involves hand feeding of the machine.

(2) The occupations of setting up, adjusting, repairing, oiling or cleaning these machines including those which do not involve hand feeding.

(B) Definitions:

(1) The term "operating or assisting to operate" shall mean all work which involves starting or stopping a machine covered by this rule, placing materials into or removing them from the machine, or any other work directly involved in operating the machine.

(2) The term "paper-products machine" shall mean power-driven machines used in the remanufacture or conversion of paper or pulp into a finished product. The term is understood to apply to such machines whether they are used in establishments that manufacture, or in any other type of manufacturing or nonmanufacturing establishment.

(C) Exceptions:

There are many machines not covered by this rule. The following machines are not covered.

Bag machine, bag-making machine

Bottoming machine (bags)

Box-making machine (collapsible boxes)

Bundling machine

Calendar roll and plating machines

Cigarette carton opener and tax stamping machine

Clasp machine

Counting, stacking, and ejecting machine

Corner stayer

Covering, lining, or wrapping machines (set-up boxes)

Creping machine

Dornbusch machine (wall paper)

Ending machine (set-up boxes)

Envelope machine

Folding machine

Gluing, scaling, or gumming machine

Interfolding machine

Jogging machine

Lacer machine

Parchmentizing, waxing, or coating machines

Partition assembling machine

Paper cup machine

Quadruple stayer

Rewinder

Rotary printing press

Ruling machine

Slitting machine

Straw winder

Stripping machine

Taping machine

Tube cutting machine

Tube winder

Tube machine (paper bags)

Window patch machine

Wire or tag stringing machine

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-11 Power-driven metal forming, punching, and shearing machine operations.

(A) The following occupations are prohibited for minors under eighteen years of age unless exempt below.

(1) The occupations of operator of or helper on the following power-driven metal forming, punching, and shearing machines:

(a) All rolling machines, such as beading, straightening, corrugating, flanging, or bending rolls, and hot or cold rolling mills.

(b) All pressing or punching machines, such as punch pressers, except those provided with full automatic feed and ejection and with a fixed barrier guard to prevent the hands or fingers of the operator from entering the area between the dies; power presses, and plate punches.

(c) All bending machines, such as apron brakes and press brakes.

(d) All hammering machines, such as drop hammers and power hammers.

(e) All shearing machines, such as guillotine or squaring shears, alligator shears, and rotary shears.

(2) The occupations of setting up, adjusting, repairing, oiling, or cleaning these machines including those with automatic feed and ejection.

(B) Definitions:

(1) The term "operator" shall mean a person who operates a machine covered by this rule by performing such functions as starting or stopping the machine, placing materials into or removing them from the machine or any other functions directly involved in operation of the machine.

(2) The term "helper" shall mean a person who assists in the operation of a machine covered by this rule by helping place materials into or remove them from the machine.

(3) The term "forming, punching, and shearing machines" shall mean power-driven metal-working machines, other than machine tools, such as dies, rolls, or knives which are mounted on rams, plungers, or other moving parts. Types of forming, punching, and shearing machines enumerated in this section are the machines to which the designation is by custom applied.

(C) Exceptions:

This rule does not apply to machine tools which are defined as "power-driven" complete metal-working machines having one or more tool- or work-holding devices, and used for progressively removing metal in the form of chips.

(1) Milling function machines

Horizontal milling machines

Vertical milling machines

Universal milling machines

Planer-type milling machines

Gear hobbing machines

Profilers Routers

(2) Turning function machines

Engine lathes

Turret lathes

Hollow spindle lathes

Automatic lathes

Automatic screw machines

(3) Planing function machines

Planers Shapers Slotters Broaches Keycasters Hack saws

(4) Grinding function machines

Grinders

Abrasive wheels

Abrasive belts

Abrasive disks

Abrasive points

Polishing wheels

Buffing wheels

Stroppers

Lapping machines

(5) Boring function machines

Vertical boring mills

Horizontal boring mills

Jig borers

Pedestal drills

Radial drills

Gang drills

Upright drills

Drill press, etc.

Centering machines

Reamers

Honers

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-12 Occupations involved in the operation of power-driven circular saws, band saws, and guillotine shears.

(A) The following occupations are prohibited for minors under eighteen years of age unless exempt below.

(1) The occupations of operator of or helper on the following power-driven fixed or portable machines except for machines equipped with full automatic feed and ejection:

(a) Circular saws

(b) Band saws

(c) Guillotine shears

(2) The occupations of setting up, adjusting, repairing, oiling, or cleaning circular saws, band saws, and guillotine shears.

(B) Definitions:

(1) The term "operator" shall mean a person who operates a machine covered by this rule by performing such functions as starting or stopping the machine, placing materials into or removing them from the machine, or any other functions directly involved in operation of the machine.

(2) The term "helper" shall mean a person who assists in the operation of a machine covered by this rule by helping place materials into or remove them from the machine.

(3) The term "machine equipped with full automatic feed and ejection" shall mean machines covered by this rule which are equipped with devices for full automatic feeding and ejection and with a fixed barrier guard to prevent completely the operator or helper from placing any part of his body in the point-of-operation area.

(4) The term "circular saw" shall mean a machine equipped with a thin steel disc having a continuous series of notches or teeth on the periphery, mounted on shafting and used for sawing materials.

(5) The term "band saw" shall mean a machine equipped with an endless steel band having a continuous series of notches or teeth, running over wheels or pulleys, and used for sawing materials.

(6) The term "guillotine shear" shall mean a machine equipped with a movable blade operated vertically and used to shear materials. The term shall not include other tyes of shearing machines, using a different form of shearing action, such as alligator shears or circular shears.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-13 Power-driven woodworking machine occupations.

(A) The following occupations involved in the operation of power-driven woodworking machines are prohibited for minors under eighteen years of age unless exempt below.

(1) The occupation of operating power-driven woodworking machines including supervising or controlling the operation of such machines, feeding material into such machines, and helping the operator to feed material into such machines, but not including the placing of material on a moving chain or in a hopper or slide for automatic feeding.

(2) The occupations of setting up, adjusting, repairing, oiling, or cleaning power-driven woodworking machines.

(3) The operations of off-bearing from circular saws and from guillotine-action veneer clippers.

(B) Definitions:

(1) The term "power-driven woodworking machines" shall mean all fixed or portable machines or tools driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, or otherwise assembling, pressing, or printing wood or veneer.

(2) The term "off-bearing" shall mean the removal of material or refuse directly from a saw table or from the point of operation. Operations not considered as off-bearing within the intent of this section include: (a) the removal of material or refuse from a circular saw or guillotine-action veneer clipper where the material or refuse has been conveyed away from the saw table or point of operation by a gravity chute or by some mechanical means such as a moving belt of expulsion roller; and (b) the following operations when they do not involve the removal of material or refuse directly from a saw table or from a point of operation: the carrying, moving or transporting of materials from one machine to another or from one part of a plant to another, the piling, stacking, or arranging of materials for feeding into a machine by another person, and the sorting, tying, bundling, or loading of material.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-14 Coal mine occupations.

All occupations in or about any coal mine are prohibited for minors under eighteen years of age except the occupations of slate or other refuse picking at a picking table or picking chute in a tipple or breaker and occupations requiring the performance of duties solely in offices or in repair or maintenance shops located in the surface part of any coal-mining plant.

Definitions:

(A) The term "coal" shall mean any rank of coal including lignite, bituminous, and anthracite coals.

(B) The term "all occupations in or about any coal mine" shall mean all types of work performed in any underground working open pit, or surface part of any coal-mining plant that contributes to the extraction, grading, cleaning or other handling of coal.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-15 Occupations in connection with mining, other than coal.

All occupations in connection with mining, other than coal, are prohibited for minors under eighteen years of age except the following:

(A) Work in offices, in the warehouse or supply house, in the change house, and in repair or maintenance shops not located underground.

(B) Work in the operation and maintenance of living quarters.

(C) Work outside the mine in surveying, in the repair and maintenance of roads, and in general cleanup about the mine property such as clearing brush and digging drainage ditches.

(D) Work in or about surface placer mining operations other than placer dredging operations and hydraulic placer mining operations.

(E) The following work in metal mills other than in mercury-recovery mills or mills using the cyanide process.

(1) Work involving the operation of jigs, sludge tables, flotation cells, or drier-filters.

(2) Work of hand sorting at picking table or picking belt.

(3) General cleanup work.

Definitions:

As used in this section, the term "all occupations in connection with mining, other than coal" shall mean all work performed underground in mines and quarries: on the surface at underground mines and underground quarries; in or about open-cut mines, open quarries, clay pits, and sand and gravel operations; at or about placer mining operations; at or about dredging operations for clay, sand or gravel; at or about bore-hold mining operations; in or about all metal mills; washer plants, or grinding mills reducing the bulk of the extracted minerals, and at or about any other crushing, grinding, screening, sizing, washing or cleaning operations performed upon the extracted minerals except where such operations are performed as a part of a manufacturing process. The term shall not include work performed on subsequent manufacturing or processing operations, such as work performed in smelters, electrometallurgical plants, refineries, reduction plants, cement mills, plants where quarried stone is cut, sanded and further processed, or plants manufacturing clay, glass or ceramic products. Neither shall the term include work performed in connection with coal mining, in petroleum production, in natural-gas production, nor in dredging operations which are not a part of mining operations, such as dredging for construction or navigation purposes.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-16 Logging and sawmilling occupations.

(A) All occupations in logging and all occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill are prohibited for minors under eighteen years of age except the following:

(1) Exceptions applying to logging

(a) Work in offices or in repair of maintenance shops.

(b) Work in the construction, operation, repair or maintenance of living and administrative quarters of logging camps.

(c) Work in timber cruising, surveying, or logging-engineering parties, work in the repair or maintenance of roads, railroads, or flumes; work in forest protection, such as clearing fire trails or roads, piling and burning slash, maintaining fire-fighting equipment, constructing and maintaining telephone lines, or acting as fire lookout or fire patrolman away from the actual logging operations; provided, that the provisions of this paragraph shall not apply to the felling or bucking of timber, the collecting or transporting of logs, the operation of power-driven machinery, the handling or use of explosives and work on trestles.

(d) Peeling of fence posts, pulpwood, chemical wood, excelsior wood, cordwood, or similar products when not done in conjunction with and at the same time and place as other logging occupations declared hazardous by this section.

(e) Work in the feeding or care of animals.

(2) Exceptions applying to the operation of any permanent sawmill or the operation of any lath mill, shingle mill, or cooperage-stock mill; provided, that these exceptions do not apply to a portable sawmill the lumber yard of which is used only for the temporary storage of green lumber and in connection with which no office or repair or maintenance shop is ordinarily maintained and further provided, that these exceptions do not apply to work which entails entering the sawmill building:

(a) Work in offices or in repair or maintenance shops;

(b) Straightening, marketing, or tallying lumber on the dry chain or the dry drop sorter;

(c) Pulling lumber from the dry chain;

(d) Cleanup in the lumberyard;

(e) Piling, handling, or shipping of cooperage stock in yards or storage sheds, other than operating or assisting in the operation of power-driven equipment;

(f) Clerical work in yards or shipping sheds, such as done by ordermen, tallymen, and shipping clerks;

(g) Cleanup work outside shake and shingle mills, except when the mill is in operation;

(h) Splitting shakes manually from pre-cut and split blocks with a froe and mallet, except inside the mill building or cover;

(i) Packing shakes into bundles when done in conjunction with splitting shakes manually with a froe and mallet, except inside the mill building or cover;

(j) Manual loading of bundles of shingles or shakes into trucks or railroad cars, provided that the employer has on file a statement from a licensed doctor of medicine or osteopathy certifying the minor capable of performing this work without injury to himself.

(B) Definitions:

(1) The term "all occupations in logging" shall mean all work performed in connection with the felling of timber, the bucking or converting of timber into logs, poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar products; the collecting, skidding, yarding, loading, transporting, and unloading of such products in connection with logging, the constructing, repairing, and maintaining of roads, railroads, flumes, or camps used in connection with logging, the moving, installing, rigging, and maintenance of machinery or equipment used in logging, and other work performed in connection with logging. The term shall not apply to work performed in timber culture, timberstand improvement, or in emergency firefighting.

(2) The term "all occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill" shall mean all work performed in or about any such mill in connection with storing of logs and bolts; converting logs or bolts into sawn lumber, laths, shingles, or cooperage stock, or other products of such mills and other work performed in connection with the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill. The term shall not include work performed in the planing-mill department or other remanufacturing departments of any sawmill, or in any planing-mill or remanufacturing plant not a part of a sawmill.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 3/3/04, 6/3/09

4101:9-2-17 Motor vehicle occupations.

(A) The occupations of motor-vehicle driver and outside helper on any public road, highway, in or about any mine (including open pit mine or quarry), place where logging or sawmill operations are in progress, or in any excavation for construction of a building are prohibited for minors under eighteen years of age except as provided in the exemptions below.

(B) Exemptions:

Incidental and occasional driving. The finding and declaration in this rule shall not apply to the operation of automobiles or trucks not exceeding six thousand pounds gross vehicle weight if such driving is restricted to daylight hours; provided, such operation is only occasional and incidental to the child's employment; that the child holds a state license valid for the type of driving involved in the job performed and has completed a state approved driver education course; and provided further, that the vehicle is equipped with a seat belt or similar device for the driver and for each helper, and the employer has instructed each child that such belts or other devices must be used. This exemption shall not be applicable to any occupation of motor-vehicle driver which involves the towing of vehicles.

(C) Definitions:

(1) The term "motor vehicle" shall mean any automobile, truck, truck-tractor, trailer, semitrailer, motorcycle, or similar vehicle propelled or drawn by mechanical power and designed for use as means of transportation but shall not include any vehicle operated exclusively on rails.

(2) The term "driver" shall mean any individual who, in the course of employment, drives a motor vehicle at any time.

(3) The term "outside helper" shall mean any individual other than a driver whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivering goods.

(4) The term "gross vehicle weight" includes the truck chassis with lubricants, water and full tank or tanks of fuel, plus the weight of the cab or driver's compartment, body, and special chassis and body equipment, and payload.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-18 Maritime and longshoreman occupations.

All maritime and longshoreman occupations are prohibited for minors under eighteen years of age.

Definition:

(A) "Maritime occupations" mean any employment on a ship, tug, barge, or other vessel; in the operation and repair of such vessels, and in the loading and unloading of such vessels. "Maritime occupations" are not necessarily a maritime service because it is rendered upon the high seas, a river, or other navigable water. To be a "maritime occupation", there must be a relation to commerce or navigation and a connection with a ship, tug, barge or other vessel employed in trade.

(B) "Longshoreman occupations" are those jobs where one works in the loading and unloading of ships, tugs, barges, or other vessels.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-19 Railroad occupations.

All occupations in or about a railroad are prohibited for minors under eighteen years of age.

Definitions:

(A) The term "railroad" means a transportation facility operating on rails and engaged in the transportation of freight and passengers for substantial distances and making stops at regular stations for the receipt and discharge of freight and passengers. The term "railroad" includes any tracks laid on, along, or under the streets of a municipality even though used primarily for the accomodation of passengers going from one point to another in such municipality or to and from the suburbs.

(B) The term "occupation in or about a railroad" includes, but is not limited to, brakemen, conductors, engineers, firemen, motormen, track and line crews, and any worker in a railroad shop.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-20 Occupations in excavation operations.

The following occupations in excavation operations are prohibited for minors under eighteen years of age:

(A) Excavating, working in, or backfilling (refilling) trenches, except (1) manually excavating or manually backfilling trenches that do not exceed four feet in depth at any point, or (2) working in trenches that do not exceed four feet in depth at any point.

(B) Excavating for buildings or other structures or working in such excavations, except (1) manually excavating to a depth not exceeding four feet below any ground surface adjoining the excavation, or (2) working in an excavation not exceeding such depth, or (3) working in an excavation where the side walls are shored or sloped to the angle of repose.

(C) Working within tunnels prior to the completion of all driving and shoring operations.

(D) Working within shafts prior to the completion of all sinking and shoring operations.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-21 Power-driven hoisting apparatus occupations.

(A) The following occupations involved in the operation of power-driven hoisting apparatus are prohibited for minors under eighteen years of age:

(1) Work of operating an elevator, crane, derrick, hoist, or high-lift truck, except operating an unattended automatic operation passenger elevator or an electric or air-operated hoist not exceeding one ton capacity.

(2) Work which involves riding on a manlift or on a freight elevator except a freight elevator operated by an assigned operator.

(3) Work on assisting in the operation of a crane, derrick, or hoist performed by crane hookers, crane chasers, hookers-on, riggers, rigger-helpers, and like occupations.

(B) Definitions:

(1) The term "elevator" shall mean any power-driven hoisting or lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. The term shall include both passenger and freight elevators (including portable elevators or tiering machines) but shall not include dumbwaiters.

(2) The term "crane" shall mean a power-driven machine for lifting and lowering a load and moving it horizontally, in which the hoisting mechanism is an integral part of the machine. The term shall include all types of cranes, such as cantilever gantry, crawler, gantry, hammerhead, ingot-pouring, jib, locomotive, motor truck, overhead traveling, pillar jib, pintle, portal, semi-gantry, semi-portal, storage bridge, tower, walking jib, and wall cranes.

(3) The term "derrick" shall mean a power-driven apparatus consisting of a mast or equivalent members held at the top by guys or braces, with or without a boom, for use with a hoisting mechanism and operating ropes. The term shall include all types of derricks, such as A-frame, breast, Chicago boom, gin-pole, buy, and stiff-leg derricks. The term "hoist" shall mean a power-driven apparatus for raising or lowering a load by the application of a pulling force that does not include a car or platform running in guides. The term shall include all types of hoists, such as base-mounted electric, clevis suspension, hook suspension, monorail, overhead electric, simple drum, and trolley suspension hoists.

(4) The term "high-lift truck" shall mean a power-driven industrial type of truck used for lateral transportation that is equipped with a power-operated lifting device usually in the form of a fork or platform capable of tiering loaded pallets or skids one above the other. Instead of a fork, or platform, the lifting device may consist of a ram, scoop, shovel, crane, revolving fork, or other attachments for handling specific loads. The term shall mean and include high-lift trucks known under such names as forklifts, fork trucks, forklift trucks, tiering trucks, or stacking trucks, but shall not mean low-lift trucks or low-lift platform trucks that are designed for the transportation of, but not the tiering of material.

(5) The term "manlift" shall mean a device intended for the conveyance of persons which consists of platforms or brackets mounted on, or attached to an endless belt, cable, chain or similar method of suspension, such belt, cable, or chain operating in a substantially vertical direction and being supported by and driven through pulleys, sheaves or sprockets at the top or bottom.

(C) Exception:

This section shall not prohibit the operation of an automatic elevator and an automatic signal operation elevator provided that the exposed portion of the car interior (exclusive of vents and other necessary small openings), the car door, and the hoistway doors are constructed of solid surfaces without any opening through which a part of the body may extend; all hoistway openings at floor level have doors which are interlocked with the car door so as to prevent the car from starting until all such doors are closed and locked; the elevator (other than hydraulic elevators) is equipped with a device which will stop and hold the car in case of overspeed or if the cable slackens or breaks; and the elevator is equipped with upper and lower travel limit devices which will normally bring the car to rest at either terminal and a final limit switch which will prevent the movement in either direction and will open in case of excessive over travel by the car.

(D) Definitions as used in this exception:

(1) For the purpose of this exception the term "automatic elevator" shall mean a passenger elevator, a freight elevator, or a combination passenger-freight elevator, the operation of which is controlled by pushbuttons in such a manner that the starting, going to the landing selected, leveling and holding, and the opening and closing of the car and hoistway doors are entirely automatic.

(2) For the purpose of this exception, the term "automatic signal operation elevator" shall mean an elevator which is started in response to the operation of a switch (such as a lever or pushbutton) in the car which when operated by the operator actuates a starting device that automatically closes the car and hoistway doors - from this point on, the movement of the car to the landing selected, leveling and holding when it gets there, and the opening of the car and hoistway doors are entirely automatic.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-22 Occupations in roofing operations.

All occupations in roofing operations are prohibited for minors under eighteen years of age.

Definition:

The term "roofing operations" shall mean all work performed in connection with the application of weatherproofing materials and substances (such as tar or pitch, asphalt prepared paper, tile, slate, metal, translucent materials, and shingles of asbestos, asphalt or wood) to roofs of buildings or other structures. The term shall also include all work performed in connection with: (A) the installation of roofs, including related metal work such as flashing, and (B) alterations, additions, maintenance, and repair, including painting and coating of existing roofs. The term shall not include gutter and downspout work, the construction of the sheathing or base of roofs, or the installation of television antennas, air conditioners, exhaust and ventilating equipment, or similar appliances attached to roofs.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-23 Occupations involved in wrecking, demolition, and shipbreaking operations.

All occupations in wrecking, demolition, and shipbreaking operations are prohibited for minors under eighteen years of age.

Definitions:

The term "wrecking, demolition, and shipbreaking operations" shall mean all work, including cleanup and salvage work, performed at the site of the total or partial razing, demolishing, or dismantling of a building, bridge, steeple, tower, chimney, other structure, ship or other vessel.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4109.05
Prior Effective Dates: 4/17/1979

4101:9-2-24 Amendment of rules.

(A) The director of the department of commerce, in consultation with the director of the health department, is authorized by law to adopt, amend, or rescind rules by complying with the procedure prescribed in sections 119.01 to 119.13 of the Revised Code, for the adoption, amendment, or rescission of rules.

(B) The director may at any time upon his or her own motion or upon the written request of any interested person setting forth reasonable grounds for the changes desired, amend or revoke any of the rules herein subscribed pursuant to the provisions as set forth in Chapter 119. of the Revised Code.

R.C. 119.032 review dates: 04/03/2014 and 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 4109.05
Rule Amplifies: 4111.05
Prior Effective Dates: 3/3/04, 6/3/09

4101:9-2-25 Procedure for notice of public hearings.

(A) In accordance with division (A)(3) of section 119.03 and division (F) of section 121.22 of the Revised Code, commerce hereby adopts the following rule setting forth in detail the method which this division shall follow in giving public notice as to the adoption, amendment, or rescission of rules.

(B) Public notice of hearings to be conducted by commerce shall be published in the register of Ohio. At least thirty days notice of the time and place of a public hearing shall be given by said notice which shall state commerce's the bureau's intention to consider adopting, amending, or rescinding a rule; a synopsis or the full text of the proposed rule, amendment, or rule to be rescinded or a general statement of subject matter to which such proposed rule relates; and the date, time and place of the hearing on said proposed action.

(C) Any person may, upon payment of an annual fee of fifteen dollars, obtain advance notification of all hearings or may request to be placed upon a general subscription mailing list. Commerce shall maintain a list of all persons who have requested such notification. Such notice shall be mailed no later than seven calendar days prior to the day of the hearing.

(D) Commerce shall maintain a list of news media that have requested in writing to be given advanced notice of all public hearings. This advanced notice shall be given at least seven days prior to the hearing. In the event of a special hearing by commerce, the news media shall be given at least twenty-four hours advanced notice. If there is an emergency, commerce shall give the news media that have requested it, immediate notification.

Eff 4-17-79; 4-12-98; 6-3-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 4109.05
Rule amplifies: RC 4111.05
R.C. 119.032 review dates: 03/03/2004 and 06/03/2009