Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 11 - RULES GOVERNING HAZARDOUS OCCUPATIONS FOR MINORS UNDER THE AGE OF EIGHTEEN IN NON-AGRICULTURAL EMPLOYMENT › Section 170-11-5 - Clarification of Hazardous Occupation Definitions and Special Exemptions

Current through 2024-29, July 17, 2024
A. The Director shall be guided by the
				definitions and special exemptions contained in Subpart C of Part 570 of Title
				29 of the
Code of Federal Regulations
for minors under sixteen
				and Subpart E of Part 570 of Title 29 of the
Code of Federal
				Regulations
for minors who are sixteen and seventeen years of age in
				interpreting and enforcing these rules.
B.
Apprentices, CTE-Students, and
				Student-Learners
Exemptions from certain hazardous occupations may be made
				  for apprentices and student learners under the following conditions:
1. The work of the apprentice, CTE-student,
				or student-learner in the occupations declared particularly hazardous is
				incidental to minor's training.
2.
				The work is intermittent and for short periods of time and is under the direct
				and close supervision or a journeyman (for an apprentice) or a fully-qualified
				and experienced adult (for a CTE-student or student-learner). "Intermittent"
				and "short periods of time" mean that the minor may not be the principal
				operator of prohibited machinery and the duties may not be such that the minor
				is constantly operating the prohibited machinery or working in the occupation
				declared as hazardous during the work shift, but only doing so as part of the
				training experience. Direct and close supervision is met when there is one
				journeyman or experienced adult working with the first apprentice or
				student-learner on side, and at least three journeymen or experienced adults
				working alongside each additional apprentice or student-learner during the
				periods when the apprentice or student-learner is performing work that would
				otherwise be prohibited by the rules. Direct and close supervision for
				CTE-students is met when 2 or fewer CTE-students are assigned to an experienced
				adult, the experienced adult has direct line of sight and within the student's
				audio hearing range.
3. The
				employer shall provide workplace safety and health training along with the
				on-the-job training. CTE Program will provide basic safety training for the
				CTE-Student related to the selected program and field of work prior of CTE
				student performing work that would otherwise be prohibited by the rules. In the
				case of a CTE Cooperative Education program, the CTE Cooperative Education
				program instructor may arrange with job site supervisor for delivery of any
				required safety instruction. CTE program shall create any required schedule of
				work, educational performance deliverables and additional educational component
				found during live work field experiences as part of the written
				agreement.
4. There must be a
				written agreement providing a description of the job, processes, expectations,
				schedule of work and name of the apprentice, CTE-student, or student-learner.
				The employer and school coordinator or principal shall sign the agreement.
				CTE-students shall have a signed agreement between the student, CTE Instructor,
				CTE Coordinator (if any) and CTE Director. Copies of the agreement must be kept
				on file by both the school where the principal or director resides and the
				employer.
5. CTE Instructor,
				Coordinator and/or Director have direct control of CTE-student's work, grade,
				attendance and overall program's involvement within this educational
				component.
6. A high school
				graduate may be employed in an occupation in which training under an apprentice
				or student-learner program has been completed as provided in this section, even
				though the youth is not yet 18 years of age.
The restrictions that may be exempted under this sub-section
				  are those listed in Section
				  3(B) that are marked
				  by an asterisk.