The proposed amendment will update and remove duplicative citations.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Child and Farm Labor Program

RULE NO.:RULE TITLE:

61L-2.005Additional Hazardous Occupations Prohibited

PURPOSE AND EFFECT: The proposed amendment will update and remove duplicative citations.

SUMMARY: The proposed amendments will remove duplicative citations to the Code of Federal Regulations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 450.121, F.S.

LAW IMPLEMENTED: 450.061, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kimberly Marshall, Rules Attorney, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61L-2.005 Additional Hazardous Occupations Prohibited.

(1) No change.

(2) Occupations Prohibited by the United States Department of Labor. Employers of minors shall not require, permit, or suffer minors to work in the following occupations and places of employment which are declared hazardous by the United States Department of Labor. The occupations and places of employment listed in Rule 61L-2.005, F.A.C., paragraphs (2)(a) and (2)(b), are defined and described in 29 Code of Federal Regulations (C.F.R.) Part 570, Subparts C, E, and E-1, and such definitions and descriptions are adopted and incorporated by reference into this rule. Employers should obtain copies of the federal regulations which contain these definitions as provided in Rule 61L-2.012, F.A.C.

(a) Occupations Prohibited for All Minors. In addition to the hazardous occupations prohibited in Section 450.061(2), F.S., employers shall not cause any minor to work in the following occupations or places of employment as are defined and described in 29 C.F.R. Part 570, Subpart E:

1. Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components (29 C.F.R. §570.51);

2. Motor-vehicle driver and outside helper (29 C.F.R. §570.52);

3. Occupations in connection with mining (29 C.F.R. §570.73, and §570.60);

4. Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill (29 C.F.R. §570.54);

5. Occupations involved in the operation of power-driven woodworking machines (29 C.F.R. §570.55);

6. Occupations involving exposure to radioactive substances and to ionizing radiations (29 C.F.R. §570.57);

7. Occupations involved in the operation of power-driven hoisting apparatus (29 C.F.R. §570.58);

8. Occupations involved in the operation of power-driven metal forming, punching, and shearing machines (29 C.F.R. §570.59);

9. Occupations involving slaughtering, meat packing or processing, or rendering (29 C.F.R. §570.61);

10. Occupations involved in the operation of bakery machines (29 C.F.R. §570.62);

11. Occupations involved in the operation of paper-products machines (29 C.F.R. §570.63);

12. Occupations involved in the manufacture of brick, tile, and kindred products (29 C.F.R. §570.64);

13. Occupations involved in the operations of circular saws, band saws, and guillotine shears (29 C.F.R. §570.65);

14. Occupations involved in wrecking, demolitions, and shipbreaking operations (29 C.F.R. §570.66);

15. Occupations in roofing operations (29 C.F.R. §570.67); and,

16. Occupations in excavation operations (29 C.F.R. §570.68).

(b) Occupations Prohibited for Minors Under the Age of Sixteen. In addition to the hazardous occupations prohibited in Sections 450.061(1), and (2), F.S., and in Rule 61L-2.005, F.A.C., paragraph (2)(a) of this rule, employers shall not cause any minor under the age of sixteen to work in the following occupations or places of employment as are defined or described in 29 C.F.R. Part 570, Subpart C:

1. Manufacturing, mining, or processing occupations, including occupations requiring the performance of any duties in work rooms or work place where goods are manufactured, mined or otherwise processed (29 C.F.R. §570.33);

2. Occupations which involve the operation or tending of hoisting apparatus or of any power-driven machinery other than office machines (29 C.F.R. §570.33);

3. Operation of a motor vehicle or service as a helper on motor vehicles (29 C.F.R. §570.33);

4. Public messenger service (29 C.F.R. §570.33);

5. Occupations in connection with:

a. Transportation of persons or property by rail, highway, air, water, pipeline, or other means;

b. Warehousing and storage;

c. Communications and electric utilities; and,

d. Construction (including demolition and repair) (29 C.F.R. §570.33);

6. Work performed in or about boiler or engine rooms (29 C.F.R. §570.34);

7. Work in maintaining or repairing machines or equipment (29 C.F.R. §570.34);

8. Outside window washing that involves working from window sills, and all work requiring the use of ladders, scaffolds, or their substitutes (29 C.F.R. §570.34);

9. Cooking (except at soda fountains, lunch counters, snack bars, or cafeteria serving counters) and baking (29 C.F.R. §570.34);

10. Operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers, and cutters, and bakery-type mixers (29 C.F.R. §570.34);

11. Work in freezers and meat coolers and all work in the preparation of meats for sale except for wrapping, sealing, labeling, weighing, pricing and stocking in areas physically separate from freezers and coolers (29 C.F.R. §570.34);

12. Loading and unloading goods to and from trucks, railroad cars, or conveyors (29 C.F.R. §570.34);

13. All occupations in warehouses except office and clerical work (29 C.F.R. §570.34);

14. Occupations involved in agriculture as defined at 29 C.F.R. §570.71.

(3) throuhg (4) No change.

Rulemaking Authority 450.121 FS. Law Implemented 450.061 FS. History–New 10-7-93, Formerly 38H-14.005.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kimberly Marshall, Rules Attorney, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-2202, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 5/24/24

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 09/25/2023