Minnesota Administrative Rules

5200.0910 PROHIBITED EMPLOYMENTS OF MINORS UNDER 18 YEARS OLD.

No minor under the age of 18 shall be employed:

A.

In or about a place of employment where chemicals, compounds, dusts, fumes, vapors, gases, or radioactive materials, or other substances are present at excessive temperatures or in injurious, explosive, toxic, or flammable quantities. Minors employed in retail stores, service stations, and automobile service garages are not covered by this prohibition.

B.

In or about any place where explosives or pyrotechnics are manufactured, stored, handled, or fired.

C.

In or about logging or lumbering operations and paper mills.

D.

In or about sawmills, lath mills, shingle mills, or cooperage stock manufacturing plants.

E.

In or about mines, quarries, and sand or gravel pits.

F.

In or about construction or building projects.

G.

In or about ice harvesting operations.

H.

On boats or vessels used for commercial purposes. Minors performing guide or other nonoperational services are not covered by this prohibition.

I.

To operate or to assist in the operation of power-driven machinery, including but not limited to: industrial trucks (forklifts); meat saws and meat grinders; milling machines; punch presses, press brakes, and shears; and woodworking machinery such as circular saws, radial saws, jointers, and shaping machines.

J.

To operate any nonautomatic elevator, lift, or hoisting machine.

K.

To drive motor vehicles, except as follows:

(1)

Sixteen- and 17-year-old minors may drive up to 24,000 pound, single-unit vehicles (excluding buses) and may carry passengers at any time with a class D license.

(2)

Sixteen- and 17-year-old minors may drive over 24,000 pound, single-unit vehicles (excluding buses) with a class B license but may not carry passengers.

(3)

Fifteen-year-old minors who have completed an approved driver education course may, with a restricted farm work license, drive a motor vehicle in accordance with Minnesota Statutes, section 171.041.

However, as provided in Minnesota Statutes, section 171.322, no one under 18 years of age shall operate a motor vehicle while in use as a carrier of persons for hire, nor shall any person under 18 years of age drive a passenger-carrying vehicle as a hired driver.

L.

As a brake tender, firefighter, engineer, driver, or conductor for a railroad, street railway, or interurban railroad or in switching or gate-tending.

M.

As a lifeguard. Minors who have received a Red Cross lifesaving certificate or its equivalent and who work under uninterrupted adult supervision are not covered by this prohibition.

N.

In aerial acts using such equipment as flying rings, horizontal bars, or trapezes. Nor shall a minor be employed in weight-lifting, balancing, casting, or human pyramiding acts, or as a rope walker, contortionist, or in other exhibitions dangerous or injurious to the life, limb, or health of the minor.

O.

In the operation, erection, or dismantling of rides or machinery in an amusement park, street carnival, or traveling show, or in the loading or unloading of passengers on rides.

P.

In any rooms constituting the place in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any tasks involving the serving, dispensing, or handling of such liquors that are consumed on the premises except that:

(1)

minors who have reached the age of 16 may be employed to perform busing, dishwashing, or hosting services in those rooms or areas of a restaurant, hotel, motel, or resort where the presence of intoxicating liquor is incidental to food service or preparation;

(2)

minors who have reached the age of 16 may be employed to perform busing, dishwashing, or hosting services or to provide waiter or waitress service in rooms or areas where the presence of 3.2 percent malt liquor is incidental to food service or preparation;

(3)

minors who have reached the age of 16 may be employed to provide musical entertainment in those rooms or areas where the presence of intoxicating liquor and 3.2 percent malt liquor is incidental to food service or preparation; and

(4)

minors are not prevented from working at tasks which are not prohibited by law in establishments where liquor is sold, served, dispensed, or handled in those rooms or areas where no liquor is consumed or served.

Q.

In window-washing, wall-cleaning, painting, or other building maintenance or repair higher than 12 feet above the ground or floor level, using ladders, scaffolding, safety belts, outside vertical conveyors, or like equipment.

R.

In oxyacetylene or oxyhydrogen welding.

S.

In any occupation or activity, or on any site, which is hazardous or dangerous to life, limb, or health.

Statutory Authority:

MS s 181A.09; L 2007 c 135 art 2 s 38

History:

17 SR 1279; L 1991 c 249 s 31; 21 SR 458; 32 SR 500

Published Electronically:

June 11, 2008