16VAC15-30 Virginia Rules and Regulations Declaring Hazardous Occupations

REGULATIONS

Vol. 26 Iss. 15 - March 29, 2010

TITLE 16. LABOR AND EMPLOYMENT

DEPARTMENT OF LABOR AND INDUSTRY

Chapter 30

Final Regulation

REGISTRAR'S NOTICE: The Department of Labor and Industry is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Department of Labor and Industry will receive, consider, and respond to petitions from any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 16VAC15-30. Virginia Rules and Regulations Declaring Hazardous Occupations (amending 16VAC15-30-50, 16VAC15-30-70, 16VAC15-30-90, 16VAC15-30-120, 16VAC15-30-130, 16VAC15-30-140, 16VAC15-30-170).

Statutory Authority: § 40.1-100 of the Code of Virginia.

Effective Date: April 29, 2010.

Agency Contact: Wendy Inge, Director, Division of Labor and Employment Law, Department of Labor and Industry, Powers-Taylor Building, 13 South Thirteenth Street, Richmond, VA 23219, telephone [phone], FAX [phone], TTY [phone], or email [e-mail].

Summary:

During a comprehensive review of the child labor hazardous occupations regulations conducted in conjunction with the Attorney General's Regulatory Review Task Force, certain language in 16VAC15-30-30 was identified as conflicting with § 40.1-100 of the Code of Virginia. This action eliminates this conflict and provides further clarification to the public in the following occupations: (i) logging and sawmilling; (ii) power-driven metal forming, punching, and shearing machine; (iii) power-driven bakery machine; (iv) power-driven paper-products machine; (v) occupations involving exposure to radioactive substances and ionizing radiations; (vi) occupations involved in the manufacture of brick, tile, and kindred products; and (vii) occupations in roofing operations.

16VAC15-30-50. Logging and sawmilling occupations.

All occupations in logging and all occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill are prohibited except the following: for minors under the age of 18.

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, or acting as fire lookout or fire patrolman away from the actual logging operations: 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 or power-driven saws, 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 section.

2. Exceptions applying to the operation of any permanent sawmill or the operation of any lath mill, shingle mill, or cooperage-stock mill: Provided, that these exceptions do not apply to a portable sawmill the lumber yard of which is used only for the temporary storage of green lumber and in connection with which no office or repair or maintenance shop is ordinarily maintained; and further provided, that these exceptions do not apply to work which entails entering the sawmill building:

(a) Work in offices or in repair or maintenance shops.

(b) Straightening, marking, or tallying lumber on the dry chain or the dry drop sorter.

(c) Pulling lumber from the dry chain.

(d) Clean up in the lumber yard.

(e) Piling, handling, or shipping of cooperage stock in yards or storage sheds, other than operating or assisting in the operation of power-driven equipment.

(f) Clerical work in yards or shipping sheds, such as done by ordermen, tallymen, and shipping clerks.

(g) Clean-up work outside shake and shingle mills, except when the mill is in operation.

(h) Splitting shakes manually from pre- cut and split blocks with a froe and mallet, except inside the mill building or cover.

(i) Packing shakes into bundles when done in conjunction with splitting shakes manually with a froe and mallet, except inside the mill building or cover.

(j) Manual loading of bundles of shingles or shakes into trucks or railroad cars.

16VAC15-30-70. Occupation involving exposure to radioactive substances and to ionizing radiations.

Any work activity is prohibited 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; and, (e) any other work which involves activities that involve exposure to ionizing radiations including X-ray equipment; and (f) any other activities that involve exposure to radioactive substances or ionizing radiations in any capacity.

16VAC15-30-90. Power-driven metal forming, punching, and shearing machine occupations.

The occupations of operator of or helper on the following power-driven metal forming, punching, and shearing machines are prohibited activities for minors under 18 years of age:

1. All rolling machines, such as beading, straightening, corrugating, flanging, or bending rolls; and, hot or cold rolling mills.

2. 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.

3. All bending machines, such as apron brakes and press brakes.

4. All hammering machines, such as drop hammers and power hammers; and, powder actuated tools.

5. All shearing machines, such as guillotine or squaring shears; alligator shears; and, rotary shears.

The occupations of setting up, adjusting, repairing, oiling, or cleaning these machines including those with automatic feed and ejection are prohibited.

Note: This restriction does not apply to a very large group of metal-working machines known as machine tools. Machine tools are defined as "power-driven complete metal-working machines having one or more tool-or-work-holding devices, and used for progressively removing metal in the form of chips." Since the restriction does not apply to machine tools, the 18-year-age minimum does not apply. Such machine tools are classified below so that they can be readily identified:

Planing function Machines

Planers

Shapers

Slotters

Broaches

Keycasters

Hack Saws

Milling function Machines

Horizontal Milling Machines

Vertical Milling Machines

Universal Milling Machines

Planer-type Milling Machines

Gear Hobbing Machines

Profilers

Routers

Boring function Machines

Vertical Boring Mills

Horizontal Boring Mills

Jig Borers

Pedestal Drills

Radial Drills

Gang Drills

Upright Drills

Drill Press, etc.

Centering Machines

Reamers

Honers

Grinding function Machines

Grinders

Abrasive Wheels

Abrasive Belts

Abrasive Disks

Abrasive Points

Polishing Wheels

Stroppers

Lapping Machines

Buffing Wheels

Turning function Machines

Engine Lathes

Turret Lathes

Hollow Spindle Lathes

Automatic Lathes

Automatic Screw Machines

Exemptions:

The exemptions for properly certified apprentices and student-learners apply to this restriction.

16VAC15-30-120. Power-driven bakery machine occupations.

The following occupations involved in Occupations involving the operation of or assisting in the operation of power-driven bakery machines are prohibited: activities for minors under 18 years of age.

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 machines; 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.

Note: The restriction does not apply to the following list of bakery machines which may be operated by 16-year-old and 17-year old minors:

Ingredient Preparation and Mixing:

Flour-sifting machine operator

Flour-blending machine operator

Sack-cleaning machine operator

Product Forming and Shaping:

Roll-dividing machine operator

Roll-making machine operator

Batter-sealing machine operator

Depositing machine operator

Cookie or cracker machine operator

Wafer machine operator

Pretzel-stick machine operator

Pie-dough rolling machine operator

Pie-dough sealing machine operator

Pie-crimping machine operator

Finishing and Icing:

Depositing machine operator

Enrobing machine operator

Spray machine operator

Icing mixing machine operator

Slicing and Wrapping:

Roll Slicing and wrapping machine operator

Cake wrapping machine operator

Carton packing and sealing machine operator

Pan Washing:

Spray-type pan washing machine operator

Tumbler-type pan washing machine operator

Note: This restriction does not apply to the operation of noncommercial grade bakery appliances not specifically designed for commercial use including, but not limited to, hand held mixers, blenders, and food processors.

Exemptions:

The exemptions for properly certified apprentices and student-learners apply to this restriction.

16VAC15-30-130. Power-driven paper-products machine occupations.

The occupations of operating or assisting to operate any of the following power-driven paper-products machines, including, but not limited to, the following, are prohibited activities for minors under 18:

1. Arm-type wire stitcher or stapler, circular or band saw, corner cutter or mitering machines, corrugating single-facing 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, or vertical slotter.

2. Platen die-cutting press, platen printing press, or punch press which that involves hand feeding of the machine.

The occupations of setting up, adjusting, repairing, oiling, or cleaning these machines, including those which that do not involve hand feeding, are prohibited for minors under 18.

Note: There are many machines not covered by this restriction. The most important of these machines are the following:

Bag Machine Bag-making Machine

Bottoming Machine (Bags)

Box-making Machines (Collapsible Boxes)

Bundling Machine

Calender Roll and Plating Machines

Cigarette Carton Opener and Tax-stamping Machine

Clasp Machine

Corner Stayer

Counting, Stacking and Ejecting Machine

Covering, Lining or Wrapping Machines (Set-up Boxes)

Creping Machine

Dornbusch Machines (Wallpaper)

Ending Machine (Set-up Boxes)

Envelope Machine

Folding Machine

Gluing, Scaling, or Gumming Machine

Interfolding Machine

Jogging Machine

Lacer Machine

Parchmentizing, Waxing, or Coating Machines

Partition assembling Machine

Paper Cup Machine

Quadruple Stayer

Rewinder

Rotary Printing Press

Ruling Machine

Slitting Machine

Straw Winder

Stripping Machine

Taping Machine

Tube cutting Machine

Tube Winder

Tube Machine (Paper Bags)

Window Patch Machine

Wire or Tag-stringing Machine

Exemptions:

The exemptions for properly certified apprentices and student-learners apply to this restriction.

16VAC15-30-140. Occupations involved in the manufacture of brick, tile, and kindred products.

The following occupations Occupations involved in the manufacture of clay construction products and of silica refractory products brick, tile, and kindred products, including but not limited to the following, are prohibited activities for minors under 18 years of age:

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 office.

Note: Minors at least 14 years of age may perform office work of a clerical nature in a bona fide office at a brick yard.

16VAC15-30-170. Occupations in roofing operations.

All occupations activities in roofing operations are prohibited: the . The term "roofing operations" shall mean all work performed in connection with the application of weather-proofing materials and substances (such such as tar or pitch, asphalt, prepared paper, tile, slate, metal, translucent materials, and shingles of asbestos, asphalt or wood) wood to roofs of buildings or other structures. The term shall also include all work performed in connection with: (1) the installation of roofs, including related metal work such as flashing and (2) alterations, additions, maintenance, and repair, including painting and coating, of existing roofs. In addition, The the term shall not include gutter and downspout work; the construction of the sheathing or base of roofs; or, the installation of television antennas, communications satellites, air conditioners, exhaust and ventilating equipment, or any similar appliances attached to roofs; and any similar work required to be performed on or about roofs including work performed on the ground.

Exemptions:

The exemptions for properly certified apprentices and student-learners apply to this restriction.

VA.R. Doc. No. R10-2294; Filed March 9, 2010, 1:23 p.m.