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 that are hazardous or detrimental to the health and well-being of minors.
Chapter 4101:9-2 | Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being
Rule 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 in this rule:
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 cleaners (except in a retail, food service, or gasoline service establishment in those specific occupations expressly permitted therein, 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 services.
(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 that 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) to (H)(4) of this rule 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 that 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.
Rule 4101:9-2-02.1 | Manufacturing Mentorship Program.
(A) Employers shall maintain records sufficient to document the satisfaction of all criteria established by section 4109.22 of the Revised Code.
(B) Documents maintained pursuant to paragraph (A) of this rule shall be maintained by the employer for no less than two years following the employment of the minor or after the minor turns eighteen, whichever is later.
(C) Employers shall make the documents maintained pursuant to paragraph (A) of this rule available to the director of commerce or the Director's designee upon request.
Rule 4101:9-2-02.2 | Tools Permitted for Participants of the Manufacturing Mentorship Program.
The following tools may be used by any minors sixteen or seventeen years of age only if they are participants in the manufacturing mentorship program as prescribed by this chapter:
(A) General tools:
(1) Pipe and bolt threading machine;
(2) Pipe nipple and automatic pipe nipple machines;
(3) Certain electric carts used as a means of transportation in large industrial plants and at railroad stations, as long as they are not driven on public roads;
(4) Riding mowers or golf carts in a warehouse setting, as long as they are not driven on public roads;
(5) Powered contour measuring instruments;
(6) Multi-axis type robotic equipment;
(B) Tools only permitted with conditions:
(1) Welding tools only while under direct supervision;
(2) Waterjet cutting machines with devices for fully automatic feeding and ejection and with a fixed guard that prevents operators or helpers from placing any part of their bodies in the point-of-operation area;
(3) Computer numerical control (CNC) machines while under direct supervision;
(4) Production press machines that are not already listed as a specific prohibition or exception in Chapter 4101:9-2 of the Administrative Code, so long as those devices include fully automatic feeding and ejection and a fixed guard that prevents operators or helpers from placing any part of their bodies in the point-of-operation area;
(5) Plastics molding machines when fitted with the proper guarding and are not manually fed;
(6) Plastics extruders while under direct supervision;
(7) Soldering irons while under direct supervision;
(C) Tools restricted by type of use:
(1) Certain tools that require the placing of material on a moving chain or in a hopper or slide for automatic feeding, such as:
(a) Band resaw only when it incorporates the use of a chain feed and there is no direct interaction with the tool;
(b) Automatic nailing machine only when it incorporates the use of a hopper, belt, or chain feed, and there is no direct interaction with the tool;
(2) Automatic wire-stitching machines only when it incorporates the use of a hopper or chain feed and there is no direct interaction with the tool;
(3) Tools designed for carrying or moving nonhazardous material from one machine to another (hike-a-way).
(D) Miscellaneous tools:
Any other tools that are permitted under the Fair Labor Standards Act and are not specifically prohibited by section 4109.05 of the Revised Code or the rules adopted thereunder.
Rule 4101:9-2-03 | Hazardous occupations in agriculture.
The following occupations in agriculture are particularly hazardous for the employment of children below the age of sixteen, except for the following exemptions:
(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 of) 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 of) 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.
(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.
Rule 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 by the following:
(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 that 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 of such machines or the individual parts of attachments of such machines: meat patty forming machines; meat and bone cutting saws; poultry scissors or shears; 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, deer, or buffalo, or any quarter carcass of beef, horse, or buffalo.
(1) The term "slaughtering and meat-packing establishments" shall mean places in or about which cattle, calves, hogs, poultry, sheep, lambs, goats, buffalo, deer, or horses are killed, butchered, or processed. The term shall also include establishments that manufacture or process meat or poultry products, including sausage 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, poultry, sheep, lambs, goats, buffalo, deer, 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 that is primarily devoted to the preservation and flavoring of meat, including poultry, 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.
This rule shall not apply to the killing and processing of rabbits or small game in areas physically separated from the "killing floor."
Rule 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 by the following:
(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.
This rule does not apply to the following list of bakery machines that 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
Rule 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 by the following:
(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.
(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.
Rule 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.
(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.
Rule 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 by the following:
(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) of this rule) 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) of this rule.
(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.
(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 that does not meet the criteria of paragraphs (B)(3)(a) to (B)(3)(c) of this rule.
Rule 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 by the following:
(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 that involves exposure to ionizing radiations in excess of 0.5 rem per year.
As used in this chapter:
(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 that produce ionizations directly or indirectly, but does not include electromagnetic radiations other than gamma and x-ray.
Rule 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 by the following:
(1) The occupations of operating or assisting to operate any of the following power-driven paper-products machines:
(a) Arm-type wire stitcher 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, paper box compactor, 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 operation or assisting to operate any baler that is designed or used to process materials other than paper.
(3) The occupations of operation or assisting to operate any compactor that is designed or used to process materials other than paper.
(4) The occupations of setting up, adjusting, repairing, oiling, or cleaning any of the machines listed in paragraphs (A)(1), (A)(2) and (A)(3) of this rule, including those that do not involve hand feeding.
(1) The term "operating or assisting to operate" shall mean all work that 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.
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)
Calendar roll and plating machines
Cigarette carton opener and tax stamping machine
Counting, stacking, and ejecting machine
Covering, lining, or wrapping machines (set-up boxes)
Dornbusch machine (wall paper)
Ending machine (set-up boxes)
Gluing, scaling, or gumming machine
Parchmentizing, waxing, or coating machines
Partition assembling machine
Paper cup machine
Rotary printing press
Tube cutting machine
Tube machine (paper bags)
Window patch machine
Wire or tag stringing machine
Rule 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 by the following:
(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 presses, 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 the machines listed in paragraph (A)(1) of this rule, including those with automatic feed and ejection.
(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 that 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.
This rule does not apply to machine tools that 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
(2) Turning function machines
Hollow spindle lathes
Automatic screw machines
(3) Planing function machines
(4) Grinding function machines
(5) Boring function machines
Vertical boring mills
Horizontal boring mills
Drill press, etc.
Rule 4101:9-2-12 | Occupations involved in the operation of power-driven circular saws, band saws, and guillotine shears.
(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 operator of or helper on the following power-driven fixed or portable machines:
(a) Chain saws
(b) Reciprocating saws
(c) Wood chippers
(d) Abrasive cutting discs
(3) The occupations of setting up, adjusting, repairing, oiling, or cleaning circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, or abrasive cutting discs.
(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 the 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 "machines equipped with full automatic feed and ejection" shall mean machines covered by this rule that 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 types of shearing machines using a different form of shearing action, such as alligator shears or circular shears.
(7) The term "abrasive cutting disc" shall mean a machine equipped with a disc embedded with abrasive materials used for cutting materials.
Rule 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 by the following:
(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.
(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 rule 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 or 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.
Rule 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.
(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.
Rule 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 of track crews in the building and maintaining of sections of railroad track located in those areas of open-cut metal mines where mining and haulage activities are not being conducted at the time and place that such building and maintenance work is being done.
(E) Work in or about surface placer mining operations other than placer dredging operations and hydraulic placer mining operations.
(F) 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 a picking table or picking belt.
(3) General cleanup work.
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-hole 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 in 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 that are not a part of mining operations, such as dredging for construction or navigation purposes.
Rule 4101:9-2-16 | Logging and sawmilling occupations.
(A) All occupations in logging, all occupations in forest fire fighting and forest fire prevention, 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 or 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, provided that such work is not performed in conjunction with, or in support of, efforts to extinguish a fores fire ; and further 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 rule.
(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 that 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.
(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, timber stand 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 the 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.
(3) The term "all occupations in forest fire fighting and forest fire prevention" shall include the controlling and extinguishing of fires, the wetting down of areas or extinguishing of spot fires, and the patrolling of burned areas to assure the fire has been extinguished. The term shall also include the following tasks when performed in conjunction with, or in support of, efforts to extinguish a forest fire: the piling and burning of slash; the clearing of fire trails or roads; the construction, maintenance, and patrolling of fire lines; acting as a fire lookout or fire patrolman; and the maintaining of fire fighting equipment. The prohibition concerning the employment of youth in forest fire fighting and fire prevention applies to all forest and timber tract locations, logging operations, and sawmill operations, including all buildings located within such areas.
Rule 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 following exemptions:
Incidental and occasional driving. 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 that involves the towing of vehicles.
(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 a 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, special chassis and body equipment, and payload.
Rule 4101:9-2-18 | Maritime and longshoreman occupations.
All maritime and longshoreman occupations are prohibited for minors under eighteen years of age.
(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 service is not necessarily a "maritime occupation" simply 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.
Rule 4101:9-2-19 | Railroad occupations.
April 17, 1979
All occupations in or about a railroad are prohibited for minors under eighteen years of age.
(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 accommodation 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.
Authorized By: –
Five Year Review Date:
Prior Effective Dates:
Rule 4101:9-2-20 | Occupations in excavation operations.
April 17, 1979
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.
Authorized By: –
Five Year Review Date:
Prior Effective Dates:
Rule 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, tending, riding upon, working from, repairing, servicing, or disassembling 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. Tending such equipment includes assisting in the hoisting tasks being performed by the equipment.
(2) Work of operating, tending riding upon, working from, repairing, servicing, or disassembling a manlift or freight elevator, except a freight elevator operated by an assigned operator. Tending such equipment includes assisting in the hoisting tasks being performed by the equipment.
(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.
(1) The term "elevator" shall mean any power-driven hoisting or lowering mechanism equipped with a car or platform that 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.
(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 that 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.
(6) 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, hood suspension, monorail, overhead electric, simple drum, and trolley suspension hoists.
This rule 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 that 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 that 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 that will normally bring the car to rest at either terminal and a final limit switch that 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 that is started in response to the operation of a switch (such as a lever or pushbutton) in the car that when operated by the operator actuates a starting device that automatically closes the car and hoistway doors and 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.
Rule 4101:9-2-22 | Occupations in roofing operations.
All occupations in roofing operations are prohibited for minors under eighteen years of age.
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 repairs, 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.
Rule 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.
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.
Rule 4101:9-2-24 | Amendment of rules.
(A) The director of the department of commerce, in consultation with the director of the department of health, 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.
Rule 4101:9-2-25 | Procedure for notice of public hearings.
Whenever the division proposes to adopt, amend, or rescind any of these rules, it shall follow the notice and hearing procedures set forth in section 119.03 of the Revised Code and rule 1301-1-01 of the Administrative Code.