Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-125 - Nonagricultural employment of minors › MEAL AND REST BREAKS FOR MINORS › Section 296-125-030 - Prohibited and hazardous employment - All minors

Current through Register Vol. 24-14, July 15, 2024
The following employments and occupations as outlined in
				  subsections (1) through (30) of this section, are prohibited for all minors,
				  provided that exemption will be allowed from subsections (5), (8), (9), (11),
				  (13), (15), (16), and (23) of this section when the minor is participating in a
				  bona fide cooperative vocational education program, diversified career
				  experience program, or work experience program certified and monitored by the
				  office of the superintendent of public instruction or the minor employee's
				  school district; further, exemption from the same numbered prohibitions will be
				  allowed for any minor involved in an apprenticeship program registered with the
				  Washington state apprenticeship and training council. The state will not grant
				  variances for employments or occupations prohibited by the United States
				  Department of Labor.
(1) Occupations
				in or about plants or establishments manufacturing or storing explosives or
				articles containing explosive components.
(2) Occupations involving regular driving of
				motor vehicles. Occupations of outside helper or flagger on any public road or
				highway, work which involves directing moving motor vehicles in or around
				warehouses or loading/unloading areas including but not limited to loading
				docks, transfer stations, or landfills, or work which involves towing vehicles.
				Occasional driving is permissible if: The minor has a valid state driver's
				license for the type of driving involved; driving is restricted to daylight
				hours; such driving is only occasional, and is incidental to the minor's
				employment; vehicle gross weight is under 6,000 pounds; the minor has completed
				a state-approved driver education course; and seat belts are provided in the
				vehicle and the minor has been instructed to use them. Occupations involving
				occasional operation of a bus are prohibited.
(3) All mining occupations.
(4) Logging occupations and occupations in
				the operation of any sawmill, lath mill, shingle mill, or cooperage-stock
				mill.
(5) Occupations involving
				operation or repair, oiling, cleaning, adjusting, or setting up of any
				power-driven wood-working machines.
(6) Occupations involving potential exposure
				to radioactive substances and to ionizing radiation.
(7) Occupations involving operation or
				repair, oiling, cleaning, adjusting, or setting up of elevators. This includes
				riding on a manlift.
(8)
				Occupations involving operation or repair, oiling, cleaning, adjusting, or
				setting up of power-driven metal-forming, punching, and shearing
				machines.
(9) Occupations involving
				slaughtering, meat packing, processing, or rendering.
(10) Occupations involving operation or
				repair, oiling, cleaning, adjusting, or setting up of power-driven bakery
				machines.
(11) Occupations
				involving operation or repair, oiling, cleaning, adjusting, or setting up of
				power-driven paper-products machines.
(12) Occupations involving manufacturing of
				brick, tile, and kindred products.
(13) Occupations involving operation or
				repair, oiling, cleaning, adjusting, or setting up of power-driven circular
				saws, band saws, and guillotine shears.
(14) Occupations involving wrecking,
				demolition, and shipbreaking operations.
(15) All roofing operations.
(16) Occupations involving
				excavations.
(17) Occupations
				involving operation or repair, oiling, cleaning, adjusting, or setting up of or
				working in proximity to earth-moving machines, hoisting apparatus, cranes,
				garbage-compactors, trash-compactors or other compactors, paper-balers or other
				balers, or other heavy equipment including, but not limited to, graders,
				bulldozers, earth compactors, backhoes, and tractors. Working in proximity
				shall mean working within the radius of movement of any portion of the
				machinery where one could be struck or otherwise injured. It shall not include
				work in proximity to ski-lift apparatus. This prohibition shall not invalidate
				activities allowed under subsection (2) of this section.
(18) Work in establishments or workplaces
				being picketed during the course of a labor dispute.
(19) Work as a nurse's aide/assistant; unless
				the minor is a student in a bona fide state-certified nursing training program
				or has successfully completed such a program.
(20) Work as a maid or bellhop in motels or
				hotels, unless the minor is accompanied by a responsible adult whenever the
				work requires the minor to enter an assigned guest room, whether or not it is
				occupied at the time the minor is in the room. Minors may work in unassigned,
				unoccupied guest rooms unaccompanied by an adult.
(21) Work in sauna or massage parlors, body
				painting or tattoo studios, or adult entertainment establishments.
(22) Occupations requiring the wearing of
				personal protective equipment or wearing apparel as defined and required by
				statutes or rules and regulations administered by the department's division of
				industrial safety and health as related to hazardous substances exposure and/or
				hazardous noise exposure per chapters 296-24 and 296-62 WAC; except those
				occupations where the only requirement is the wearing of gloves, boots, or eye
				protection if the occupation is not otherwise prohibited by this section or by
				WAC 296-125-033. This subsection's
				prohibitions shall not apply if a minor is a student in a bona fide health care
				career training or vocational education program.
(23) Occupations involving firefighting and
				fire suppression duties.
(24)
				Occupations where there is a risk of exposure to bodily fluids or transmission
				of infectious agents, including but not limited to hepatitis and HIV, in
				accordance with standards established by WAC 296-62-08001 (Occupational
				exposure to bloodborne pathogens), including lab work which entails the
				cleaning of medical equipment used to draw or store blood or other contaminated
				tissue; duties which involve venipuncture; and duties involving work with
				laundry from health care facilities; unless the minor is a student in a bona
				fide health care career training or vocational education program.
				State-certified life guards with first-aid training are exempt.
(25) Occupations involving potential exposure
				to hazardous substances which are considered to be carcinogenic, corrosive,
				highly toxic, toxic sensitizers, or which have been determined to cause
				reproductive health effects or irreversible end organ damage. This does not
				include handling of such substances in sealed containers in retail situations.
				This subsection's prohibitions shall not apply to any consumer product or
				hazardous substance, as those terms are defined by the Consumer Product Safety
				Act ( 15 U.S.C. 2051 et seq.) and the Federal Hazardous Substances Act ( 15
				U.S.C. 1261 et seq.) and those statutes' regulations, where the employer of a
				minor can demonstrate that a product or substance is used in the workplace in
				the same manner as normal consumer use, and which use results in a duration and
				frequency of exposure that is not greater than exposures experienced by
				consumers using the product or substance in conformity with the manufacturer's
				instructions, provided that such exposures are not otherwise prohibited by
				subsection (22) of this section.
(26) In selling to passing motorists on the
				public right of way candy, flowers, or other merchandise or commodities.
				Selling to motorists from a window counter is not prohibited.
(27) Work performed in or about boiler or
				engine rooms.
(28) All work
				performed more than ten feet above ground or floor level.
(29) Work in freezers, meat coolers, and all
				work in preparing meats for sale (wrapping, sealing, labeling, weighing,
				pricing, and stocking are permitted if work is performed away from meat-cutting
				and preparation areas). Occasional entry into freezers or coolers for obtaining
				stock or placing stock shall not be prohibited.
(30) Service occupations if a minor works
				past 8:00 p.m., unless the minor is supervised by a responsible adult employee
				who is on the premises at all times.
Statutory Authority:
					 Chapters
					 43.22 and
					 49.12 RCW,
					 RCW
					 26.28.060 and
					 43.17.060. 93-01-068, §
					 296-125-030, filed 12/11/92, effective 3/1/93. Statutory Authority:
					 RCW
					 43.22.270 and 1989 c 216. 89-23-003, §
					 296-125-030, filed 11/3/89, effective 11/20/89; Order 77-32, §
					 296-125-030, filed 12/30/77; Order 76-15, § 296-125-030, filed 5/17/76;
					 Order 74-9, § 296-125-030, filed 3/13/74, effective 4/15/74; Order 71-5,
					 § 296-125-030, filed 5/26/71, effective 7/1/71; Section E, filed 9/18/63;
					 Rules (part), filed 3/23/60.