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DEPARTMENT OF LABOR & ECONOMIC GROWTH WAGE AND HOUR DIVISION
YOUTH EMPLOYMENT STANDARDS
Filed with the secretary of state on March 24, 2006
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
(By authority conferred on the department of labor and economic growth by section 20 of 1978 PA 90 and Executive Reorganization Order Nos. 1996-2, 1997-12, 2002-1, and 2003-1, MCL 409.120,
445.2001, 421.94, 445.2004, and 445.2011)
Draft November 4, 2005
R 408.6203, R 408.6206, R 408.6208, R 408.6302, and R 408.6303 of the Michigan Administrative Code are amended, and R 408.6309 is added, as follows:
PART 2. HAZARDOUS OCCUPATIONS IN GENERAL EMPLOYMENT
R 408.6203 Definitions; A to E. Rule 203. As used in this part:
(a) "Act" means 1978 PA 90, MCL 409.101 et seq.
(b) "Clay construction products" means all of the following:
(i) Brick.
(ii) Hollow structural tile.
(iii) Sewer pipe and kindred products.
(iv) Refractories.
(v) Other clay products, such as any of the following:
(A) Architectural terra cotta.
(B) Glazed structural tile.
(C) Roofing tile.
(D) Stove lining.
(E) Chimney pipes and tops.
(F) Wall coping.
(G) Drain tile.
(c) "Confined space" means an enclosed area which does not have a natural or mechanically induced supply of fresh air, including all of the following:
(A) A bin.
(B) A tank.
(C) A vessel.
(D) A vault.
(E) A well.
(d) "Construction operation" means the work designated in sector 233 – building, developing, and general contracting, sector 234 – heavy construction, and sector 235 – special trade contractors, of the North American industry classification system – United States, 1997 (NAICS) published by the office of management and budget, which are adopted by reference. The 1997 NAICS manual may be purchased from the United States Department of Commerce, Technology Administration, National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia at a cost of $32.50. Sector 233 – building, developing, and general contracting, sector 234 – heavy construction, and sector 235 – special trade contractors, of the North American industry classification system – United States, 1997 (NAICS) manual are available for inspection at, or may be purchased from the Michigan Department of Labor and Economic Growth, Wage and Hour Division, 7150 Harris Drive, P.O. Box 30476, Lansing, MI 48909, at a cost of $2.00.
(e) "Crane" means a power-driven machine which is for lifting and lowering a load and moving it horizontally and in which the hoisting mechanism is an integral part of the machine.
(f) "Derrick" means a power-driven apparatus consisting of a mast or equivalent members held at the top by guys and braces, with or without a boom, for use with a hoisting mechanism and operating ropes.
(g) "Department" means the department of labor and economic growth.
(h) "Director" means the director of the department or his or her authorized representative.
(i) "Elevator" means any power-driven hoisting or lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. This includes both passenger and freight elevators, but does not include dumbwaiters.
(j) "Employ" means engage, permit, or allow to work.
(k) "Employer" means a person, firm, or corporation which employs a minor and includes the state or a political subdivision of the state, an agency or instrumentality of the state, and an agent of an employer.
(l) "Exempt" means employment or services performed that are not covered by these rules.
(m) ) "Explosives" or "articles containing explosive components" means any chemical compound, mixture, or device, the primary purpose of which is to function by explosion; that is, substantially instantaneous decomposition with the release of heat and gas. Explosives include, but are not limited to, all of the following:
(i) Ammunition.
(ii) Black powder.
(iii) Blasting caps.
(iv) Blasting agents.
(v) Fulminate of mercury.
(vi) Fireworks.
(vii) Detonating primers.
(viii) Dynamite.
(ix) Lead azide.
(x) Nitroglycerin.
(xi) Picric acid.
(xii) Smokeless powder.
R 408.6206 Exemptions.
Rule 206. These rules shall not apply to, or prohibit a minor from engaging in, the following activities or exempt employment:
(a) Employment of a student minor 14 years of age or older by an employer if a written agreement or contract is entered into between the employer and the board of education of the school district in which the student minor is enrolled.
(b) Employment in a business owned and operated by the parent or guardian of a minor.
(c) Employment of a student minor by a school, academy, or college in which a student minor who is 14 years of age or older is enrolled.
(d) Domestic work or chores in connection with private residences.
(e) Soliciting, distributing, selling, or offering for sale newspapers, magazines, periodicals, or political or advertising matter.
(f) Shoe shining.
(g) Services performed as members of recognized youth-oriented organizations that are engaged in citizenship training and character building, if the services are not intended to replace employees in occupations for which workers are ordinarily paid.
(h) Farm work designated in sector 11—agriculture, forestry, fishing, and hunting, of the North American industry classification system—United States, 1997 (NAICS), published by the office of management and budget if the employment is not in violation of a standard established by the department. The 1997 NAICS manual may be purchased from the United States Department of Commerce, Technology Administration, National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, at a cost of $32.50. Sector 11—agriculture, forestry, fishing, and hunting, of the North American industry classification system – United States, 1997 (NAICS) manual is available for inspection at, or may be purchased from the Michigan Department of Labor and Economic Growth, Wage and Hour Division, 7150 Harris Drive, P.O. Box 30476, Lansing, MI 48909, at a cost of
$2.00.
R 408.6208 Prohibited occupations; construction; excavation; roofing; wrecking; demolition; ship- breaking operations; working with explosive materials, hazardous substances, radioactive substances, respiratory equipment; working in a confined space; machine operation and maintenance; operating special equipment; working with power-driven hoisting apparatus; occupations requiring use of motor vehicle.
Rule 208. (1) A minor less than 16 years of age shall not be employed in any occupations in a construction operation, as defined in R 408.6203(d), to include repair or the cleanup of a construction site.
(2) A minor shall not be employed in any occupation involving construction work; additions; improvements; excavating; highway, bridge, and street construction; roofing, as defined in R 408.6203(d), or wrecking; demolition; or ship-breaking operations.
(3) A minor shall not be employed in any occupation in or about plants or establishments which manufacture or store explosive materials or articles containing explosive materials, as defined in R 408.6203(m), including ammunition exceeding .60 caliber in size, except where both of the following criteria are met:
(a) None of the work performed in the area involves the mixing, transportation, handling, or use of explosive materials.
(b) The minor's work area is separated from the hazardous area by the distance prescribed for inhabited buildings in table 1, or the minor's work area is separated from the hazardous area by an earthen bank not less than 8 feet in height.
(4) Table 1 reads as follows:
Distances for Storage of Explosives
Explosives g Distance in feet when storage is barricaded b,c,d,e
Pounds
Pounds
From
From
From
Separation
Over
not over
inhabited
passenger
public
of maga-
Buildings
railways
highways
zines f
2
5
70
30
30
6
5
10
90
35
35
8
10
20
110
45
45
10
20
30
125
50
50
11
30
40
140
55
55
12
40
50
150
60
60
14
50
75
170
70
70
15
75
100
190
75
75
16
100
125
200
80
80
18
125
150
215
85
85
19
150
200
235
95
95
21
200
250
255
105
105
23
250
300
270
110
110
24
300
400
295
120
120
27
400
500
320
130
130
29
500
600
340
135
135
31
600
700
355
145
145
32
700
800
375
150
150
33
800
900
390
155
155
35
900
1,000
400
160
160
36
1,000
1,200
425
170
165
39
1,200
1,400
450
180
170
41
1,400
1,600
470
190
175
43
1,600
1,800
490
195
180
44
1,800
2,000
505
205
185
45
2,000
2,500
545
220
190
49
2,500
3,000
580
235
195
52
3,000
4,000
635
255
210
58
4,000
5,000
685
275
225
61
5,000
6,000
730
295
235
65
6,000
7,000
770
310
245
68
7,000
8,000
800
320
250
72
8,000
9,000
835
335
255
75
9,000
10,000
865
345
260
78
10,000
12,000
875
370
270
82
12,000
14,000
885
390
275
87
14,000
16,000
900
405
280
90
15,000
18,000
940
420
285
94
18,000
20,000
975
435
290
98
20,000
25,000
1,055
470
315
105
25,000
30,000
1,130
500
340
112
30,000
35,000
1,205
525
360
119
35,000 40,000 1,275550
380
124
570
400
129
590
420
135
610
440
140
630
455
145
645
470
150
660
485
155
675
500
160
690
510
165
705
520
170
720
530
175
730
540
180
745
545
185
1,835
770
550
195
1,855
790
555
205
1,875
810
560
215
1,890
835
565
225
1,900
850
570
235
1,935
870
580
245
1,965
890
590
255
1,990
905
600
265
2,010
920
605
275
2,030
935
610
285
2,055
955
620
295
2,100
980
635
315
2,155
1,010
650
335
2,215
1,040
670
360
2,275
1.075
690
385
40,000 45,000 1,340
45,000 50,000 1,400
50,000 55,000 1,460
55,000 60,000 1,515
60,000 65,000 1,565
65,000 70,000 1,610
70,000 75,000 1,655
75,000 80,000 1,695
80,000 85,000 1,730
85,000 90,000 1,760
90,000 95,000 1,790
95,000 100,000 1,815
100,000 110,000
110,000 120,000
120,000 130,000
130,000 140,000
140,000 150,000
150,000 160,000
160,000 170,000
170,000 180,000
180,000 190,000
190,000 200,000
200,000 210,000
210,000 230,000
230,000 250,000
250,000 275,000
275,000 300,000
Notes to Table
Note a. All types of blasting caps in strengths through No. 8 shall be rated at 1 1/2 (0.68 kg) of explosives per 1,000 caps.
Note b. "Barricaded" means that a building containing explosives is effectually screened from a magazine, building, railway, or highway, either by a natural barricade or by an artificial barricade of such height that a straight line from the top of any sidewall of the building containing explosives to the eave line of any magazine or building, or to a point 12 feet (3.66 m) above the center of a railway or highway, will pass through such intervening or artificial barricade.
Note c. "Artificial barricade" means an artificial mound or revetted wall of earth of a minimum thickness of 3 feet (0.92 m).
Note d. "Natural barricade" means natural features of the ground, such as hills or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the magazine when the trees are bare of leaves.
Note e. When a building containing explosives is not barricaded, the distances shown in Table 1 shall be doubled.
Note f. When 2 or more storage magazines are located on the same property, each magazine shall comply with minimum distances specified from inhabited buildings, railways, and highways, and, in addition, they shall be separated from each other by not less than the distances shown for "Separation of
magazines," except that the quantity of explosives contained in cap magazines shall govern in regard to the spacing of the cap magazines from magazines containing other explosives. If any 2 or more magazines are separated from each other by less than the specified "Separation of magazines" distances, then such 2 or more magazines, as a group, shall be considered as 1 magazine, and the total quantity of explosives stored in such group shall be treated as if stored in a single magazine located on the site of any magazine of the group and shall comply with the distances specified from other magazines, inhabited buildings, railways, and highways.
Note g. This table applies only to the manufacture and permanent storage of commercial explosives. It is not applicable to the transportation of explosives or any handling or temporary storage necessary or incident thereto. It is not intended to apply to bombs, projectiles, or other heavily encased explosives. Note h. 1 pound = 0.454 kg; 1 foot = 0.305 m.
(5) A minor shall not be employed in any occupation involving the use of or exposure to hazardous substances, as defined in R 408.6204(a).
(6) A minor shall not be employed to work in any workroom in which any of the following occurs:
(a) Radium is stored or used in the manufacture of self-luminous compounds.
(b) A self-luminous compound, as defined in R 408.6205(h), is made, processed, packaged, stored, used, or worked on.
(c) Incandescent mantles made from fabric and solutions containing thorium salts are manufactured, processed, or packaged.
(d) Other radioactive substances are present in the air in average concentrations exceeding 10% of the maximum permissible concentrations in the air recommended for occupational exposure as set forth in the 40-hour week column of table 1 of the national council on radiation protection report no. 22, entitled, "Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and Water for Occupation Exposure," June 5, 1959, issue, which is adopted by reference in these rules and is available for inspection at the Lansing office of the Michigan Department of Labor and Economic Growth, Wage and Hour Division, 7150 Harris Drive, P.O. Box 30476, Lansing, MI 48909.
This report may be purchased from the National Council on Radiation Protection and Measurements, 7910 Woodmont Avenue, Suite 400, Bethesda, MD 20814-3095, at the cost of $20.00. Part 22 of this report is available for inspection at, or may be purchased from the Michigan Department of Labor and Economic Growth, Wage and Hour Division, 7150 Harris Drive, P.O. Box 30476, Lansing, MI 48909, at a cost of $3.00.
(7) A minor shall not be employed in any occupation which requires the use of respiratory equipment, as defined in R 408.6205(g).
(8) A minor under 16 years of age shall not be employed in any occupation involving work in a confined space, as defined in R 408.6203(c).
(9) A minor shall not be employed in any occupation involving the operations, setup, repair, adjustment, oiling, or cleaning of any of the following machines:
(a) Power-driven woodworking machinery, as defined in R 408.6205(e).
(b) Power-driven metal-forming, metal-punching, and metal-shearing machines, as defined in R 408.6205(c).
(c) Power-driven bakery machines, as defined in R 408.6205(a).
(d) Power-driven paper products machinery, as defined in R 408.6205(d).
(e) Power-driven saws.
(f) Power-driven meat-processing machines, as defined in R 408.6205(b).
(10) A minor shall not operate, or assist in the operation of, including the starting, stopping, adjusting, feeding, or any other activity involving physical contact with, any of the following machines:
(a) Trencher or earth-moving equipment.
(b) Tractors exceeding 20 power-take-off horsepower, including connecting or disconnecting an implement or any of its parts to or from such a tractor; except that minors 16 to 17 years of age who are provided operating instructions from their employers may operate such tractors.
(11) A minor shall not be employed in work which involves any of the following activities:
(a) The operation of a power-driven hoisting apparatus, including an elevator, power industrial truck, crane, derrick, or hoist, except for the operation of an unattended automatic operation passenger elevator. An employer may apply for a deviation for 16- and 17-year-old minors to operate a motorized hand truck and low-lift platform truck, as defined in R 408.6204(c) and (f), in accordance with R 408.6303.
(b) Riding on a manlift or on a freight elevator, except for a freight elevator which is operated by an assigned operator.
(c) Assisting in the operation of a crane, derrick, or hoist as traditionally performed by crane hookers, crane chasers, hookers-on, riggers, rigger helpers, and similar occupations.
(12) A minor under 16 years of age shall not work under equipment or machinery which has been elevated by a hoist, jack, blocks, or hydraulic power system.
(13) A minor shall not be employed in any occupation which requires the operation of a motor vehicle on any public road or highway, except when such operation is occasional and incidental to the minor's primary work activities and if all of the following requirements are complied with:
(a) The gross vehicle weight does not exceed 6,000 pounds.
(b) The operation is restricted to daylight hours.
(c) The minor holds a state license valid for the type of motor vehicle operation involved in the job performed and has completed a state-approved driver education course.
(d) The vehicle is equipped with a seat belt or similar device for the driver and for each helper, and the employer has instructed each minor that such belts or other devices must be used.
(e) The operation does not involve the transporting of passengers or the towing of vehicles.
(14) A minor shall not be employed as an outside helper on any motor vehicle on a public highway.
PART 3. DEVIATIONS FROM ESTABLISHED STANDARDS OR FROM LEGAL HOURS OF EMPLOYMENT FOR 16- AND 17-YEAR-OLD MINORS
R 408.6302 Application for deviation from legal hours of employment.
Rule 302. (1) An employer seeking approval to employ minors age 16 and older beyond the hours prescribed in the act shall file an application for a deviation from the legal hours of employment with the department.
(2) An application for a deviation shall include all of the following information:
(a) The name and address of the employer.
(b) The name and title of the person filing the application.
(c) An indication of the work schedule for hours to be worked before 6 a.m.and after 10:30 p.m. when school is in session and before 6 a.m. and after 11:30 p.m. when school is not in session.
(d) The address where the work is to be performed.
(e) A statement of the type of business.
(f) Verification that all of the following shall be maintained by the employer:
(i) Written permission of the parent or guardian for the minor to work the hours requested.
(ii) Records certifying that the combined school and work week does not exceed 48 hours when school is in session and that work hours do not exceed 48 hours when school is not in session.
(iii) A written statement from the school the minor attends verifying the number of hours the minor is in school.
R 408.6303 Application for deviation from hazardous occupation standards.
Rule 303. (1) An employer seeking approval to employ minors age 16 and older in an occupation determined to be hazardous shall file an application for a deviation from a hazardous occupation with the department.
(2) An application for a deviation shall include all of the following information:
(a) The name and address of the firm.
(b) The name and title of the person filing the application.
(c) The name, address, and date of birth of the minor.
(d) The school the minor is attending, if the minor is attending school.
(e) The address where the work is to be performed.
(f) A specification of the standard, or portion thereof, from which the applicant seeks a deviation.
(g) A statement of the type of business.
(h) A statement detailing how approval of the deviation will be in the best interests of the minor. The statement may include, but is not limited to, an indication that the minor is not attending school or that the request is based upon a family hardship.
(i) A statement indicating any training the minor has received in the proposed type of employment, including a copy of the certification of successful completion of the training program if certification was given.
(j) The maximum hours to be worked on a daily and weekly basis.
(k) A statement of how the safety, health, and personal well-being of the minor will be protected, including an assurance that all safety and health standards will be complied with and enforced by the employer.
(l) The written approval of the parent or guardian.
R 408.6309. Prohibited conduct.
Rule 309. (1) In addition to conduct otherwise prohibited, a person who employs a minor shall not do any of the following:
(a) Allow a minor to work in a prohibited occupation, as provided in R 408.6208, R 408.6209, and the federal child labor regulations, 29 C.F.R. 570.1 et seq., if applicable.
(b) Fail to provide adult supervision as required by R 408.6207.
(c) Fail to have a work permit on file, when required by the act or these rules.
(d) Allow a minor under the age of 16 to work days or hours not allowed under section 10 of the act.
(e) Allow a minor age 16 to 17 to work days or hours not allowed under section 11 of the act without an approved deviation from the department.
(f) Fail to provide a minor with a meal or rest period, as required by section 12 of the act.
(g) Fail to satisfy the posting and time records requirements of section 13 of the act.
(2) A person employing a minor who violates any of the provisions of subrule (1) of this rule is subject to the penalties in section 22(1) of the act.
