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12 CRR-NY 190-9.3NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 12. DEPARTMENT OF LABOR

CHAPTER II. DIVISION OF LABOR STANDARDS

SUBCHAPTER F. MINIMUM WAGE ORDER FOR FARM WORKERS

PART 190. MINIMUM WAGE ORDER FOR FARM WORKERS

SUBPART 190-9. OCCUPATIONS IN AGRICULTURE PARTICULARLY HAZARDOUS FOR THE EMPLOYMENT OF CHILDREN BELOW THE AGE OF 16

12 CRR-NY 190-9.3

190-9.3 Exemptions.

The prohibited occupations listed in section 190-9.2 of this Subpart shall not apply to:

(a) Student-learners. Employment of any minor below the age of 16 as a vocational agriculture student-learner in any of the occupations described in section 190-9.2(a)-(f) of this Subpart when each of the following requirements are met:

(1) the student-learner is enrolled in a vocational education training program in agriculture under a recognized State or local educational authority, or in a substantially similar program conducted by a private school;

(2) such student-learner is employed under a written agreement which provides that:

(i) the work of the student-learner is incidental to his/her training;

(ii) such work shall be intermittent, for short periods of time, and under the direct and close supervision of a qualified and experienced person;

(iii) safety instruction shall be given by the school and correlated by the employer with on-the-job training; and

(iv) a schedule of organized and progressive work processes to be performed on the job have been prepared;

(3) such written agreement contains the name of the student-learner, and is signed by the employer and a person authorized to represent the educational authority or school; and

(4) copies of each such agreement are kept on file by both the educational authority or school and by the employer.

(b) Federal extension service.

Employment of a minor under 16 years of age in those occupations in which he/she has successfully completed one or more training programs described in paragraph (1), (2), or (3) of this subdivision, provided he/she has been instructed by the employer on safe and proper operation of the specific equipment to be used; is continuously and closely supervised by the employer where feasible; or, where not feasible, in work such as cultivating, his/her safety is checked by the employer at least at midmorning, noon, and midafternoon.

(1) 4-H tractor operation program. The minor below the age of 16 is qualified to be employed in an occupation described in section 190-9.2(a) of this Subpart provided:

(i) he/she is a 4-H member;

(ii) he/she is 14 years of age, or older;

(iii) he/she is familiar with the normal working hazards in agriculture;

(iv) he/she has completed a tractor safety training program administered by the Cornell Cooperative Extension Service;

(v) he/she has passed a written examination on tractor safety administered by the Cornell Cooperative Extension Service, and has demonstrated ability to operate a tractor safely with a two-wheeled trailed implement on a course similar to one of the 4-H Tractor Operator's Contest Courses; and

(vi) his/her employer has on file a copy of a certificate listing the employee's name, address and birth date, signed by the leader who conducted the training program and by an Extension Agent of the Cornell Cooperative Extension Service stating that the child has completed all the requirements specified in subparagraphs (i) through (v) of this paragraph.

(2) 4-H machine operation program. The minor below the age of 16 is qualified to be employed in an occupation described in section 190-9.2(b) of this Subpart provided:

(i) he/she satisfies all requirements specified in subparagraphs (i)-(iv) of this paragraph;

(ii) he/she has completed an additional training program on farm machinery safety, administered by the Cornell Cooperative Extension Service;

(iii) he/she has passed a written and practical examination on safe machinery operation; and

(iv) his/her employer has on file a copy of a certificate listing the employee's name, address and birth date, signed by the leader who conducted the training program and an Extension Agent of the Cornell Cooperative Extension Service, stating that the child has completed all of the requirements specified in subparagraphs (ii)-(iii) of this paragraph.

(3) Tractor and machine operation program. The minor below the age of 16 years is qualified to be employed in an occupation described in section 190-9.2(a) and (b) of this Subpart provided:

(i) he/she is 14 years of age, or older;

(ii) he/she has completed a four-hour orientation course familiarizing him/her with the normal working hazards in agriculture;

(iii) he/she has completed a training program on safe operation of tractors and farm machinery, which covers all material specified in subparagraphs (1)(iv) and (2)(ii) of this subdivision;

(iv) he/she has passed a written examination on tractor and farm machinery safety, administered by the Cornell Cooperative Extension Service and has demonstrated ability to operate a tractor with a two-wheeled trailed implement; and

(v) his/her employer has on file a copy of a certificate listing the employee's name, address and birth date, signed by the leader who conducted the training program and an Extension Agent of the Cornell Cooperative Extension Service stating that all the requirements of subparagraphs (2)(i) through (iv) of this subdivision have been met.

Employment of a vocational agriculture student under 16 years of age in those occupations in which he/she has successfully completed one or more training programs described in paragraph (1) or (2) of this subdivision and who has been instructed by the employer in the safe and proper operation of the specific equipment to be used, who is continuously and closely supervised by the employer where feasible or, where not feasible, in work such as cultivating, whose safety is checked by the employer at least at midmorning, noon, and midafternoon, and who also satisfies whichever of the following program requirements are pertinent:

(1) Tractor operation program. The minor below the age of 16 years is qualified to be employed in an occupation described in section 190-9.2(a) of this Subpart provided:

(i) he/she is 14 years of age, or older;

(ii) he/she is familiar with the normal working hazards in agriculture;

(iii) he/she has completed a training program in Safe Tractor Operation, administered by the Cornell Cooperative Extension Service;

(iv) he/she has passed both a written and a practical test on tractor safety administered by the Cornell Cooperative Extension Service including a demonstration of ability to operate safely a tractor with a two-wheeled trailed implement; and

(v) his/her employer has on file a copy of a certificate listing the employee's name, address and birth date, signed by the vocational agriculture teacher who conducted the program, stating that the student has completed all requirements specified in subparagraphs (i) through (iv) of this paragraph.

(2) Machinery operation program. The minor below the age of 16 years is qualified to be employed in an occupation described in section 190-9.2(b) of this Subpart provided he/she has completed the Tractor Operation Program described in paragraph (1) of this subdivision and:

(i) he/she has completed an additional training program in safe farm machinery operation administered by the Cornell Cooperative Extension Service;

(ii) he/she has passed both a written and a practical test on safe farm machinery operation administered by the Cornell Cooperative Extension Service; and

(iii) his/her employer has on file a copy of a certificate listing the employee's name, address and birth date, signed by the vocational agriculture teacher who conducted the program, stating that the student has completed all requirements specified in subparagraphs (i) and (ii) of this paragraph.

(d) Employment of a child below the age of 16 by his/her parent or a person standing in the place of his/her parent on a farm owned or operated by such parent or person.

12 CRR-NY 190-9.3

Current through June 30, 2021

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