839-021-0287 Employment of Minors in Agricultural Warehouses (1) Minors under 16 years of age may not be employed in any room or place in an agricultural warehouse where power-driven machinery is used to process agricultural commodities. (2) Minors 16 and 17 years of age may be employed to operate or assist in the operation of power-driven machinery in an agricultural warehouse provided: (a) The employment is in connection with the processing of the agricultural commodity produced by the farmer for whom the minor is employed; and (b) The employment is performed on the farm and for the farmer for whom the minor is employed; and (c) The minor has been trained in the safe operation of the machinery as required by this rule. (3) As used in section (2) of this rule: (a) "Operate(ing)" power-driven machinery includes driving a motorized vehicle; (b) "Assisting in the operation of power-driven machinery" includes starting, stopping, adjusting, feeding or any other activity involving physical contact associated with the operation of the machinery. (4) Prior to the employment of minors 16 and 17 years of age to operate or assist in the operation of power-driven machinery in an agricultural warehouse, the employer must obtain proof that the minor has been trained in safe handling and operation of the machinery as required by OR-OSHA and these rules. The proof of training may be a document issued by a public or private entity other than the farmer attesting to the training. Employers must retain a copy of such proof for two years from the date the minor was employed. (5) In the event that the safety training required by this rule is not available within 35 miles of the minor's residence, a 16 or 17 year old minor may be employed to operate or assist in the operation of power-driven machinery in an agricultural warehouse provided that the following conditions are continuously met: (a) The employment is in connection with the processing of the agricultural commodity produced by the farmer for whom the minor is employed; (b) The employment is performed on the farm and for the farmer for whom the minor is employed; and (c) The employer provides to the minor before the minor begins work not less than six hours of instruction, two hours of which must be "hands on" training under the supervision of an adult experienced in the safe operation of the specific machinery the minor is to use. The training should include, but not be limited to, training related to the normal working hazards in the warehouse, the machinery's instrument panel, the machinery's controls, daily maintenance and safety checks, starting and stopping the machinery, control of the machinery, and the safe operation of hitches, power take-off and hydraulic controls, where applicable. (6) The employer must provide close supervision of minors operating or assisting in the operation of the power-driven machinery. (7) As used in this rule, an "agricultural warehouse" includes a building in which the processing of agricultural commodities is performed. Processing of agricultural commodities includes cleaning, packaging, storing and shipping of the commodities. For purposes of this paragraph, covered areas attached to the warehouse are considered to be part of the warehouse. (8) As used in this rule, "employment in an agricultural warehouse" means employment confined to the inside of the building where the work is performed. A loading dock attached to the building is considered to be part of the building and employment on the dock is employment in the warehouse. However, employment close to or about the building or in or on structures not attached to the warehouse is not considered to be employment in the warehouse. Statutory/Other Authority: ORS 653.305 & 653.525 Statutes/Other Implemented: ORS 653.305 & 653.360 History: BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 4-1995, f. & cert. ef. 11-3-95