13 ncac 12 .0406             DETRIMENTAL OCCUPATIONS

(a)  The following occupations are found and declared to be detrimental to the health and well-being of youths.  No youth under 18 years of age may be employed by an employer in these detrimental occupations:

(1)           Welding, brazing and torch cutting as defined in the Occupational Safety and Health Administration (OSHA) General Industry Standards, 29 CFR 1910. 251 through 255 and OSHA Construction Standards, 29 CFR 1926.350 through 354;

(2)           Any processes where quartz or any other form of silicon dioxide or an asbestos silicate is present in powdered form;

(3)           Any work involving exposure to lead or any of its compounds in any form;

(4)           At any work involving exposure to benzene or any benzene compound which is volatile or which can penetrate the skin;

(5)           Occupations in canneries, seafood and poultry processing establishments which involve the use, setting up, adjusting, repairing, or cleaning of cutting or slicing machines, or freezing or packaging activities;

(6)           Any work which involves the risk of falling a distance of 10 feet or more, including the use ladders and scaffolds;

(7)           Any work as an electrician or electrician's helper;

(8)           Any work in confined spaces as defined by OSHA General Industry Standard, 29 CFR 1910.146 and OSHA Construction Standard, 29 CFR 1926.21;

(9)           Occupations in which the use of a respirator is required by OSHA General Industry Standard, 29 CFR 1910.134 or OSHA Construction Industry Standards, 29 CFR 1926.

(b)  Youths and employers working under the supervision of bona fide apprenticeship and student-learner programs, as defined by the Fair Labor Standards Act and the rules and regulations promulgated thereunder, are exempt from the prohibition against employment of youths in detrimental occupations.


History Note:        Authority G.S. 95-25.5; 95-25.19;

Eff. February 1, 1982;

Amended Eff. April 1, 2001;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.