839-021-0280 Operation or Assisting in the Operation of Power-Driven Farm Machinery by Minors (1) As used in this rule, "assist(ing) in the operation of power-driven farm machinery," includes starting, stopping, adjusting, feeding or any other activity involving physical contact associated with the operation of the machinery. (2) Minors may not be employed to operate or assist in the operation of power-driven farm machinery unless: (a) An Employment Certificate has been issued pursuant to OAR 839-021-0220; and (b) The minor(s) has obtained a "Certificate of Training" on tractor operation or tractor and machinery operation issued by a 4-H Extension Service Program, or an approved secondary vocational agriculture program. (A) The employer must obtain proof that the minor has a "Certificate of Training" on the operation of tractors or tractors and machinery operation; and (B) The employer must retain a copy of such proof for two years from the date the minor was employed. (3) In the event that neither a 4-H Extension Service nor vocational agricultural safety training program for the "Certificate of Training," as required in section (2)(b) of this rule, is available within 35 miles of a minor's residence, a 16 or 17 year-old minor may be employed to operate or assist in the operation of power-driven farm machinery otherwise prohibited if all of the following conditions are met: (a) The minor is 16 or 17 years of age and the employer has verified the minor's age; (b) The employer has obtained an Employment Certificate application pursuant to OAR 839-021-0220; and (c) The minor, the minor's parent or guardian, and the employer of the minor sign a statement on a form prescribed by the commission certifying to all of the following: (A) The training is not available within 35 miles of the minor's residence; (B) The employer has provided to the minor not less than eight hours of instruction, four hours of which must be "hands-on" training under the supervision of an adult experienced in the safe and proper operation of the specific equipment the minor is to use before the minor begins work including, but not limited to, training related to the normal working hazards in agriculture, the equipment's instrument panel, equipment controls, daily maintenance and safety checks, starting and stopping the equipment, control of the equipment on different terrain, and the safe operation of hitches, power take-off and hydraulic controls, where applicable; and (C) The employer agrees to supervise the minor continuously and closely while the minor operates the power-driven farm machinery, or, where such supervision is not feasible, agrees to check on the safety of the minor at intervals of no more than two hours during the operation of the equipment by the minor. (4) The requirements for obtaining an Employment Certificate and a Certificate of Training do not apply to a minor employed by their parent(s) or person standing in the place of their parent as provided by OAR 839-021-0297. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 27-2009, f. 12-1-09, cert. ef. 1-1-10 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 4-1995, f. & cert. ef. 11-3-95 BL 11-1991, f. & cert. ef. 10-31-91 BL 4-1990, f. & cert. ef. 3-12-90 BL 6-1988, f. 4-12-88, cert. ef. 1-1-89 BL 5-1987, f. & ef. 2-20-87