reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-1 - Employment of the Worker with Disability › Section 4101:9-1-10 - Cancellation of a license

Current through all regulations passed and filed through July 1, 2024
(A) The director or her authorized
			 representative may cancel any license for cause. A license may be canceled (1)
			 as of the date of issuance if it is found that fraud has been exercised in
			 obtaining the license or in permitting a worker with a disability to work
			 thereunder; or (2) as of the date of violation, if it is found that any of the
			 terms of the license have been violated.
(B) If a petition for review is filed, the
			 effective date of the cancellation shall be postponed until action is taken on
			 the petition for review.
(C) If a
			 cancellation of a license is ordered on review, the sheltered workshop or work
			 activities center or employer in regular business or industry shall reimburse
			 any person covered by the license in an amount equal to the difference between
			 the applicable minimum wage and any lower wage paid such person subsequent to
			 the effective date of the cancellation.
(D) Except in cases of willfulness, before
			 any license is canceled, facts or conduct which may warrant such action shall
			 be called to the attention of the sheltered workshop or work activities center
			 or employer in regular business or industry in writing and they shall be
			 afforded an opportunity to achieve compliance.
Eff 11-1-78;
				4-15-79; 6-3-04
Rule promulgated under: RC 119.03
Rule
				authorized by: RC 4111.05, 4111.06
Rule amplifies: RC
				4111.06
R.C. 119.032 review dates: 03/03/2004 and 06/03/2009
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-1 - Employment of the Worker with Disability › Section 4101:9-1-11 - Amendment of rules

Current through all regulations passed and filed through July 1, 2024
(A) The director of the department of
			 commerce 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.
Eff 11-1-78;
				6-3-04
Rule promulgated under: RC 119.03
Rule authorized
				by: RC 4111.05, 4111.06
Rule amplifies: RC 4111.06
R.C.
				119.032 review dates: 03/03/2004 and 06/03/2009
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-1 - Employment of the Worker with Disability › Section 4101:9-1-13 - Powers and duties of the director

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to sections
			 119.01 to
			 119.13 of the Revised Code, the
			 director shall promulgate rules which shall be published.
(B) The director or his or her representative
			 shall have authority to investigate and ascertain wages of persons employed in
			 an occupation in the state; enter and inspect the place of business or
			 employment of any employer of employees in any occupation in the state at any
			 reasonable time, for the purpose of examining and inspecting any records of any
			 such employer that in any way relates to wages, hours, or other conditions of
			 employment of such employees; copy any or all of such records as he or she or
			 his or her authorized representative may deem necessary or appropriate; require
			 from such employer full and accurate statements in writing, at such times as
			 the director may deem necessary, of the wages paid to all employees in his
			 employment; and interrogate such persons for the purpose of ascertaining
			 whether the provisions of the law and the regulations issued thereunder have
			 been and are being complied with.
(C) If any worker with a disability is paid
			 by his or her employer less than the wage and/or overtime compensation
			 authorized by the director as evidenced by a state license authorizing the
			 employment of workers with a disability at less than the minimum wage or by any
			 rules issued thereunder, such worker may recover in a civil action the full
			 amount thereof less any amount actually paid and attorney's fees as may be
			 allowed by court. Any agreement between the employer and the worker to work for
			 less than such authorized wage and/or overtime compensation shall be no defense
			 to such action. At the request of the employee paid less than such wage and/or
			 overtime compensation to which such employee is entitled under the law and
			 rules issued thereunder, the director may take an assignment of such wage claim
			 in trust for the assigning worker and may bring any legal action necessary to
			 collect such claim. The employer shall be required to pay the cost of such
			 reasonable attorney's fees as may be allowed by the court.
Eff 11-1-78;
				4-15-79; 6-3-04
Rule promulgated under: RC 119.03
Rule
				authorized by: RC 4111.05, 4111.06
Rule amplifies: RC
				4111.06
R.C. 119.032 review dates: 03/03/2004 and 06/03/2009
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-01 - Applicability of rules

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-02 - Prohibited occupations for minors under sixteen years of age

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-02.1 - Manufacturing mentorship program

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-02.2 - Tools permitted for participants of the manufacturing mentorship program

Current through all regulations passed and filed through July 1, 2024
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;
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-03 - Hazardous occupations in agriculture

Current through all regulations passed and filed through July 1, 2024
The following occupations in agriculture are
				particularly hazardous for the employment of children below the age of sixteen
				except as exempt 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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-04 - Occupations involving slaughtering, meat-packing or processing, or rendering

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-05 - Power-driven bakery machine occupations

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-06 - Occupations involved in the manufacture of brick, tile, and kindred products

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-07 - Occupations involved in the manufacture of chemicals

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-08 - Manufacturing or storage occupations involving explosives

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-09 - Occupations involving exposure to radioactive substances and to ionizing radiations

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-10 - Power-driven balers, compactors, and paper-products machine occupations

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-11 - Power-driven metal forming, punching, and shearing machine operations

Current through all regulations passed and filed through July 1, 2024
(A) The following
			 occupations are prohibited for minors under eighteen years of age, unless exemptby 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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-12 - Occupations involved in the operation of power-driven circular saws, band saws, and guillotine shears

Current through all regulations passed and filed through July 1, 2024
(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 fixed or
			 portable machines, except for machines equipped
			 with full automatic feed and ejection:
(a)
			 Circular saws
(b) Band
			 saws
(c) Guillotine
			 shears
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-13 - Power-driven woodworking machine occupations

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-14 - Coal mine occupations

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-15 - Occupations in connection with mining, other than coal

Current through all regulations passed and filed through July 1, 2024
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.
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-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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-16 - Forest fire fighting, forest fire prevention, logging, and sawmilling occupations

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-17 - Motor vehicle occupations

Current through all regulations passed and filed through July 1, 2024
(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:
(B) 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.
(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
			 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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-18 - Maritime and longshoreman occupations

Current through all regulations passed and filed through July 1, 2024
All maritime and longshoreman occupations are prohibited for
				minors under eighteen years of age.
Definitions:
(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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-19 - Railroad occupations

Current through all regulations passed and filed through July 1, 2024
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
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-20 - Occupations in excavation operations

Current through all regulations passed and filed through July 1, 2024
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
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-21 - Power-driven hoisting apparatus occupations

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-22 - Occupations in roofing operations

Current through all regulations passed and filed through July 1, 2024
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 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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-23 - Occupations involved in wrecking, demolition, and shipbreaking operations

Current through all regulations passed and filed through July 1, 2024
All occupations in wrecking, demolition, and shipbreaking
				operations are prohibited for minors under eighteen years of age.
Definition:
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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-24 - Amendment of rules

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-2 - Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being › Section 4101:9-2-25 - Procedure for notice of public hearings

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-01 - Public hearings on adoption, amendment, or rescission of rules; methods of public notice

Current through all regulations passed and filed through July 1, 2024
(A) Except in the case of an emergency rule
			 authorized under division (F) of section
			 119.03 of the Revised Code, the
			 director shall adopt, amend, or rescind no rule unless a public hearing in
			 accordance with division (C) of that section is held no earlier than
			 
								the
			 thirty-first nor later than 
								the fortieth day days after the proposed rule,
			 amendment, or rescission is filed under division (B) of that section.
(B) The director shall provide public notice
			 of the hearing referred to in paragraph (A) of this rule by publishing such
			 notice in the register of Ohio.
(C) The public notice referred to in
			 paragraph (B) of this rule shall contain the following:
(1) A statement of the director's intention
			 to consider adopting, amending, or rescinding a rule;
(2) A synopsis of the proposed rule,
			 amendment, or rule to be rescinded or a general statement of the subject matter
			 to which the proposed rule, amendment, or rescission relates;
(3) A statement of the reason or purpose for
			 adopting, amending, or rescinding the rule; and
(4) The date, time, and place of the hearing
			 referred to in paragraph (A) of this rule.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
The following definitions are provided for the purposes of
				clarifying the meaning of certain terms as they appear in sections
				4115.03 to
				4115.16 of the Revised Code and
				division-level 4101:9 rules of the Administrative Code.
(A) "Apprentice" means any employee who is
			 enrolled or indentured per trade occupation as a member of a bona fide
			 apprenticeship program, or a person in the first ninety days of probationary
			 employment as an apprentice in such an apprenticeship program who has been
			 certified by the Ohio apprenticeship council or registered with the Ohio
			 apprenticeship council through those states with which Ohio holds reciprocal
			 apprenticeship agreements to be eligible for probationary employment as an
			 apprentice.
(B) "Basic hourly rate
			 of pay" means that portion of the prevailing wage, excluding fringe benefits,
			 paid directly to the employee before deductions.
(C) "Bona fide apprenticeship program" means
			 a comprehensive training program registered with the Ohio apprenticeship
			 council or certified by those with which Ohio holds reciprocal apprenticeship
			 agreements.
(D) "Business
			 association" means a business in any form including, but not limited to, a sole
			 proprietorship, partnership, limited liability
			 company, or corporation.
(E)
			 "Classification" means the level of experience within an occupation, trade or
			 craft.
(F) "Common labor" means
			 the classification for unskilled employees.
(G) "Construction" means:
(1) Any new construction of any public
			 improvement which meets the definition and thresholds
			 set forth in either division (B)(1) or (B)(3) of section
			 4115.03 of the Revised
			 Code.
(2) Any  reconstruction,
			  enlargement, alteration,
			 repair, remodeling, renovation, or
			 painting of any public
			 improvement which meets the definition and thresholds
			 set forth in either division (B)(2) or (B)(4) of section
			 4115.03 of the Revised
			 Code.
(3)
									 "Construction"
			 includes, but is not limited to, dredging, shoring, demolition, drilling,
			 blasting, excavating, scaffolding, installation and any other change to the
			 physical structure of a public improvement.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-03 - Discharge of prevailing wage obligation

Current through all regulations passed and filed through July 1, 2024
(A) An employer shall pay not less than the
			 prevailing wage rate as determined by the director in the following manner:
(1) Payment of the basic hourly rate of pay
			 directly to the employee plus payment of the rate of contribution and rate of
			 costs permitted under division-level 4101:9 rules of the Administrative Code;
			 or
(2) Where there is no rate of
			 contribution or rate of costs as permitted under these rules, the basic hourly
			 rate of pay shall be at least equal to the prevailing wage rate and shall be
			 paid in full directly to the employee.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-04 - Allowance of contributions to a fund, plan, or program

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to
			 division (E)(2) of section
			 4115.03 of the Revised Code,
			 commerce will allow credit for the "rate of contribution" irrevocably made by
			 an employer to a trustee or to a third person pursuant to a fund, plan, or
			 program. No credit will be allowed to the extent the employer will be able to
			 recapture this rate of contribution or in any way divert said funds to his own
			 use or benefit, except where the employer can demonstrate that he has
			 erroneously contributed an excessive amount, he may recapture said amount
			 without affecting the credit previously given, provided that he received no
			 credit for the amount he seeks to recapture. In order for an employer to
			 receive the credit, a trustee or third person must act in a fiduciary capacity
			 and must assume the usual fiduciary responsibilities imposed upon trustees by
			 applicable state or federal law. The terms fund, plan, or program are intended
			 to recognize the various types of arrangements commonly used to provide the
			 funded benefits contemplated by division (E)(2) of section
			 4115.03 of the Revised Code.
(B) Fringe benefits credits shall
			 be presumed to be paid at a rate not to exceed the amount of contributions for
			 fringe benefits set forth in the applicable prevailing wage rate schedule for
			 the locality. In the event that an employer seeks fringe benefit credit which
			 exceeds the amount set forth in the applicable prevailing wage rate schedule,
			 the employer shall provide the department with documentation which supports
			 such excess credit.
(C) Funds,
			 plans, or programs which violate applicable state or federal law will not be
			 recognized for the purposes of determining the allowable credit.
R.C. 119.032 review dates:
				12/28/2011 and
				12/28/2016
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.06, 4115.031
Prior Effective Dates: 2-15-90;
				6-23-97; 6-3-04