DEPARTMENT OF EDUCATION  
SUPERINTENDENT OF PUBLIC INSTRUCTION  
YOUTH EMPLOYMENT STANDARDS  
(By the authority conferred on the superintendent of public instruction by section 20  
of 1978 PA 90, MCL 409.120, and Executive Reorganization Orders Nos. 1996-2, 2002-  
1, 2003-1, 2008-4, and 2011-4, MCL 445.2001, MCL 445.2004, MCL 445.2011, MCL  
445.2025, and MCL 445.2030)  
PART 1. GENERAL PROVISIONS  
R 408.6199 Rescission.  
Rule 199. R 408.201 to R 408.206 of the Michigan Administrative Code,  
appearing on pages 3164 to 3169 of the 1979 Michigan Administrative Code, are  
rescinded.  
History: 1988 AACS.  
PART 2. HAZARDOUS OCCUPATIONS IN GENERAL EMPLOYMENT  
R 408.6201 Scope.  
Rule 201. This part prescribes rules to ensure the safe, legal employment of  
minors in nonagricultural employment and lists those occupations declared to be  
hazardous to the safety, health, and well-being of minors.  
History: 1988 AACS.  
R 408.6202 Employment in hazardous occupations prohibited; deviation from  
rules.  
Rule 202. (1) A minor shall not be employed in any of the occupations declared  
to be hazardous by this part.  
(2) Deviations from these rules may be granted by the director of the department  
or his or her designee when it is determined to be in the best interests of the minor and  
the community.  
History: 1988 AACS; 2003 AACS.  
R 408.6203 Definitions; A to E.  
Page 1  
Rule 203. As used in this part:  
(a) "Act" means 1978 PA 90, MCL 409.101 et seq.  
(b) "Clay construction products" means all of the following:  
(i) Brick.  
(ii) Hollow structural tile.  
(iii) Sewer pipe and kindred products.  
(iv) Refractories.  
(v) Other clay products, such as any of the following:  
(A) Architectural terra cotta.  
(B) Glazed structural tile.  
(C) Roofing tile.  
(D) Stove lining.  
(E) Chimney pipes and tops.  
(F) Wall coping.  
(G) Drain tile.  
(c) "Confined space" means an enclosed area which does not have a natural or  
mechanically induced supply of fresh air, including all of the following:  
(A) A bin.  
(B) A tank.  
(C) A vessel.  
(D) A vault.  
(E) A well.  
(d) "Construction operation" means the work designated in subsector 233 - building,  
developing, and general contracting, subsector 234 - heavy construction, and subsector  
235 - special trade contractors, of the 1997 North American industry classification system  
(NAICS) manual, which are adopted by reference. Subsector 233 - building, developing,  
and general contracting, subsector 234 - heavy construction, and subsector 235 - special  
trade contractors, of the 1997 NAICS manual are available for inspection at  
for inspection at, and for distribution at no charge from, the Michigan Department of  
Education, Office of Career and Technical Education, 608 W. Allegan Street, P.O. Box  
30712, Lansing, MI 48909.  
(e) "Crane" means a power-driven machine which is for lifting and lowering a load  
and moving it horizontally and in which the hoisting mechanism is an integral part of the  
machine.  
(f) "Derrick" means a power-driven apparatus consisting of a mast or equivalent  
members held at the top by guys and braces, with or without a boom, for use with a  
hoisting mechanism and operating ropes.  
(g) "Department" means the department of education.  
(h) "Director" means the director of the department or his or her authorized  
representative.  
(i) "Elevator" means any power-driven hoisting or lowering mechanism equipped  
with a car or platform which moves in guides in a substantially vertical direction. This  
includes both passenger and freight elevators, but does not include dumbwaiters.  
(j) "Employ" means engage, permit, or allow to work.  
Page 2  
(k) "Employer" means a person, firm, or corporation which employs a minor and  
includes the state or a political subdivision of the state, an agency or instrumentality of  
the state, and an agent of an employer.  
(l) "Exempt" means employment or services performed that are not covered by these  
rules.  
(m) "Explosives" or "articles containing explosive components" means any chemical  
compound, mixture, or device, the primary purpose of which is to function by explosion;  
that is, substantially instantaneous decomposition with the release of heat and gas.  
Explosives include, but are not limited to, all of the following:  
(i) Ammunition.  
(ii) Black powder.  
(iii) Blasting caps.  
(iv) Blasting agents.  
(v) Fulminate of mercury.  
(vi) Fireworks.  
(vii) Detonating primers.  
(viii) Dynamite.  
(ix) Lead azide.  
(x) Nitroglycerin.  
(xi) Picric acid.  
(xii) Smokeless powder.  
History: 1988 AACS; 2003 AACS; 2006 AACS; 2015 AACS.  
R 408.6204 Definitions; H to O.  
Rule 204. As used in this part:  
(a) "Hazardous substances" means a contaminant, substance, or mixture of substances  
which is toxic, corrosive, an irritant, a strong sensitizer, or flammable or which generates  
pressure through decomposition, heat, or other means, if the substance or mixture of  
substances is capable of causing substantial personal injury, impairment, or substantial  
illness through absorption, inhalation, or personal contact. The signal word to designate  
the degree of hazard is "DANGER" as prescribed in R 408.11612 of the Michigan  
Administrative Code.  
(b) "Hoist" means a power-driven apparatus for raising or lowering a load by the  
application of a pulling force that does not include a car or platform running in guides.  
(c) "Low-lift platform truck" means a self-loading truck equipped with a load  
platform intended primarily for transporting, but not the tiering of, loaded skid platforms.  
(d) "Manlift" means a device intended for the conveyance of persons which consists  
of platforms or brackets mounted on or attached to an endless belt, cable, chain, or  
similar method of suspension, which operates in a substantially vertical direction, and  
which is supported by and driven through pulleys, sheaves, or sprockets at the top or  
bottom.  
(e) "Minor" means a person under 18 years of age, but does not include any of the  
following:  
(i) An individual 16 years of age or older who has completed the requirements for  
graduation from high school.  
Page 3  
(ii) An individual 16 years of age or older who has successfully passed the general  
educational development test.  
(iii) An emancipated individual as defined by section 4 of 1968 PA 293, as amended,  
MCL 722.4.  
(f) "Motorized hand truck" means a truck designed for the transportation of, but not  
the tiering of, materials that are to be controlled by a walking operator.  
(g) "Motor vehicle" means any automobile, truck, truck-tractor, trailer, semitrailer,  
motorcycle, or similar vehicle propelled or drawn by mechanical power and designed for  
use as a means of transportation, but does not include any vehicle operated exclusively on  
rails.  
(h) "Occupations in connection with logging" means all work performed in  
connection with any of the following:  
(i) The felling of timber.  
(ii) The bucking or converting of timber into any of the following:  
(A) Logs.  
(B) Poles.  
(C) Piles.  
(D) Ties.  
(E) Bolts.  
(F) Pulpwood.  
(G) Chemical wood.  
(H) Excelsior wood.  
(I) Cordwood.  
(J) Fence posts.  
(K) Similar products.  
(iii) The collecting, skidding, yarding, loading, transporting, and unloading of the  
products specified in paragraph (ii) of this subdivision in connection with logging.  
(iv) The constructing, repairing, and maintaining of roads, railroads, flumes, or camps  
used in connection with logging.  
(v) The moving, installing, rigging, and maintenance of machinery or equipment used  
in logging.  
(i) "Occupations in or about slaughtering and meat-packing establishments, rendering  
plants, or wholesale, retail, or service establishments" means all work performed in or  
about such establishments in connection with any of the following:  
(i) Work on the killing floor, in curing cellars, and in hide cellars.  
(ii) Work involving the recovery of lard and oils.  
(iii) Work involving the tankage or rendering of any of the following:  
(A) Dead animals.  
(B) Animal offal.  
(C) Animal fats.  
(D) Scrap meats.  
(E) Blood and bones into stock feeds.  
(F) Tallow.  
(G) Inedible greases.  
(H) Fertilizer ingredients.  
(I) Similar products.  
Page 4  
(iv) Work involving the operation or feeding of all power-driven meat-processing  
machines.  
(v) Work involving any boning operations.  
(vi) Work involving the hand-lifting or hand-carrying of any carcass or half carcass of  
beef, pork, or horse or any quarter carcass of beef or horse.  
(vii) Work involving the pushing or dropping of any suspended carcass, half carcass,  
or quarter carcass.  
(j) "Occupations in the operation of any sawmill, lath mill, shingle, or cooperage  
stock mill" means all work performed in or about any such mill in connection with any of  
the following:  
(i) Storing of logs and bolts.  
(ii) Converting logs or bolts into sawn lumber, laths, shingles, or cooperage stock.  
(iii) Storing, drying, and shipping lumber, laths, shingles, cooperage stock, or other  
products of such mills.  
(iv) Other work performed in connection with the operation of any sawmill, lath mill,  
shingle mill, or cooperage stock mill.  
(k) "Operations in and around a mine or quarry" means all work performed at any of  
the following locations:  
(i) Underground in mines or quarries.  
(ii) On the surface at underground mines and underground operations.  
(iii) At or about placer mining operations.  
(iv) At or about bore-hole mining operations.  
(v) At or about dredging operations for clay, sand, or gravel.  
(vi) In or about all metal mills, washer plants, or grinding mills which reduce the bulk  
of the extracted minerals.  
(vii) At or about any other crushing, grinding, screening, sizing, washing, or cleaning  
operations performed upon the extracted minerals, except where such operations are  
performed as a part of a manufacturing process.  
(l) "Outside helper" means any individual, other than the driver, whose work includes  
riding on a motor vehicle outside the cab.  
History: 1988 AACS; 2015 AACS.  
R 408.6205 Definitions; P to W.  
Rule 205. As used in this part:  
(a) "Power-driven bakery machines" means any of the following:  
(i) Any horizontal or vertical dough mixer.  
(ii) Batter mixer.  
(iii) Any bread-dividing, bread-rounding, or bread-molding machine.  
(iv) Any dough brake or dough sheeter.  
(v) Any combination bread-slicing and bread-wrapping machine.  
(vi) Any cake-cutting band saw.  
(vii) Any cookie machine.  
(viii) Any cracker machine.  
(b) "Power-driven meat-processing machine" means any of the following:  
(i) Meat patty-forming machines.  
Page 5  
(ii) Meat and bone cutting saw, knives, head splitters, and guillotine cutters.  
(iii) Snout pullers and jaw pullers.  
(iv) Skinning machines and horizontal rotary washing machines.  
(v) Casing cleaning machines, such as stripping, crushing, and finishing machines.  
(vi) Grinding, mixing, chopping, and hashing machines.  
(vii) Presses.  
(c) "Power-driven metal-forming,  
metal-punching,  
and  
metal-shearing  
machines" means power-driven metalworking machines, other than machine tools,  
which change the shape of or cut metal by means of tools, such as dies, rolls, or knives  
which are mounted on rams, plungers, or other moving parts.  
(d) "Power-driven paper products machines" means power-driven machines used  
in the remanufacture or conversion of paper or pulp into a finished product.  
(e) "Power-driven woodworking machines" means all fixed or portable  
machines or tools driven by power and used or designed for cutting, shaping,  
forming, surfacing, nailing, stapling, wire stitching, fastening, or otherwise assembling,  
pressing, or printing wood or veneer.  
(f) "Power industrial truck" means a mobile, power-driven vehicle used to carry,  
push, pull, lift, stack, or tier material.  
(g) "Respiratory equipment" means any of the following:  
(i) A self-contained breathing apparatus.  
(ii) A supplied-air respirator.  
(iii) An air-purifying respirator.  
(iv) A gas mask.  
(v) A chemical cartridge respirator.  
(h) "Self-luminous compound" means any mixture of  
material and radium, mesothorium, or other radioactive element.  
phosphorescent  
(i) "Silica refractory products" means refractory products produced from raw  
materials and containing free silica as their main constituent.  
(j) "Wrecking, demolition, and shipbreaking operations" means all  
work,  
including cleanup and salvage work, performed at the site of the total or partial razing,  
demolishing, or dismantling of a building, bridge, steeple, tower, chimney, other  
structure, or ship or other vessel.  
History: 1988 AACS.  
R 408.6206 Exemptions.  
Rule 206. These rules shall not apply to, or prohibit a minor from engaging in, the  
following activities or exempt employment:  
(a) Employment of a student minor 14 years of age or older by an employer if a  
written agreement or contract is entered into between the employer and the board of  
education of the school district in which the student minor is enrolled.  
(b) Employment in a business owned and operated by the parent or guardian of a  
minor.  
(c) Employment of a student minor by a school, academy, or college in which a  
student minor who is 14 years of age or older is enrolled.  
(d) Domestic work or chores in connection with private residences.  
Page 6  
(e) Soliciting, distributing, selling, or offering for sale newspapers, magazines,  
periodicals, or political or advertising matter.  
(f) Shoe shining.  
(g) Services performed as members of recognized youth-oriented organizations that  
are engaged in citizenship training and character building, if the services are not intended  
to replace employees in occupations for which workers are ordinarily paid.  
(h) Farm work designated in sector 11-agriculture, forestry, fishing, and hunting, of  
the 1997 North American industry classification system (NAICS) manual, if the  
employment is not in violation of a standard established by the department.  
Sector 11 of the 1997 NAICS manual is available for inspection at  
for inspection and for distribution at no charge at the Michigan Department of Education,  
Office of Career and Technical Education, 608 W. Allegan Street, P.O. Box 30712,  
Lansing, MI 48909.  
(i) Nonhazardous construction work or operations performed as an unpaid volunteer,  
if the construction work or operations are performed under adult supervision for a  
charitable housing organization. As used in this subdivision:  
(i) “Charitable housing organization” means a nonprofit charitable organization the  
primary purpose of which is the construction or renovation of residential housing for low-  
income individuals.  
(ii) “Family income” and “statewide median gross income” mean those terms as  
defined in section 11 of the state housing development authority act of 1966, 1966 PA  
346, MCL 125.1411.  
(iii) “Low-income person” means a person with a family income of not more than  
60% of the statewide median gross income.  
(iv) “Nonhazardous construction work or operations” means construction work or  
operations that are performed at a construction site of a new or renovated single family  
home and do not involve the use of power tools, woodworking machinery, or hazardous  
substances or other activities that would constitute a great risk of serious injury.  
Activities that would constitute a great risk of serious injury include, but are not limited  
to, all of the following:  
(A) Excavation.  
(B) Highway, bridge, or street construction.  
(C) Wrecking.  
(D) Demolition.  
(E) New commercial or new multiple residential construction.  
History: 1988 AACS; 2006 AACS; 2015 AACS.  
R 408.6207 Adult supervision of minor employees.  
Rule 207. A minor shall not be employed subject to the act unless the employer  
or an employee who is 18 years of age or older provides supervision.  
History: 1988 AACS.  
Page 7  
R 408.6208  
Prohibited occupations; construction; excavation; roofing;  
wrecking; demolition; ship-breaking operations; working with explosive materials,  
hazardous substances, radioactive substances, respiratory equipment; working in a  
confined space; machine operation and maintenance; operating special equipment;  
working with power-driven hoisting apparatus; occupations requiring use of motor  
vehicle.  
Rule 208. (1) A minor less than 16 years of age shall not be employed in any  
occupations in a construction operation, as defined in R 408.6203(d), to include repair or  
the cleanup of a construction site.  
(2) A minor shall not be employed in any occupation involving construction work;  
additions; improvements; excavating; highway, bridge, and street construction; roofing,  
as defined in R 408.6203(d), or wrecking; demolition; or ship-breaking operations.  
(3) A minor shall not be employed in any occupation in or about plants or  
establishments which manufacture or store explosive materials or articles containing  
explosive materials, as defined in R 408.6203(m), including ammunition exceeding .60  
caliber in size, except where both of the following criteria are met:  
(a) None of the work performed in the area involves the mixing, transportation,  
handling, or use of explosive materials.  
(b) The minor's work area is separated from the hazardous area by the distance  
prescribed for inhabited buildings in table 1, or the minor's work area is separated from  
the hazardous area by an earthen bank not less than 8 feet in height.  
(4) Table 1 reads as follows:  
Distances for Storage of Explosives  
Explosives g  
Distance in feet when storage is barricaded b,c,d,e  
Pounds Pounds  
Over not over  
From  
inhabited  
Buildings  
70  
From  
passenger  
railways  
30  
From  
public  
highways zines f  
30  
Separation  
of maga-  
2
5
6
5
10  
20  
30  
40  
50  
75  
100  
90  
110  
125  
140  
150  
170  
190  
200  
215  
235  
255  
270  
295  
320  
340  
355  
35  
45  
50  
55  
60  
70  
75  
80  
35  
45  
50  
55  
60  
70  
75  
80  
8
10  
20  
30  
40  
50  
75  
10  
11  
12  
14  
15  
16  
18  
19  
21  
23  
24  
27  
29  
31  
32  
33  
35  
36  
39  
100 125  
125 150  
150 200  
200 250  
250 300  
300 400  
400 500  
500 600  
600 700  
700 800  
800 900  
900 1,000  
1,000 1,200  
85  
95  
85  
95  
105  
110  
120  
130  
135  
145  
150  
155  
160  
170  
105  
110  
120  
130  
135  
145  
150  
155  
160  
165  
375  
390  
400  
425  
Page 8  
1,200 1,400  
1,400 1,600  
1,600 1,800  
1,800 2,000  
2,000 2,500  
2,500 3,000  
3,000 4,000  
4,000 5,000  
5,000 6,000  
6,000 7,000  
7,000 8,000  
8,000 9,000  
450  
470  
490  
505  
545  
580  
635  
685  
730  
770  
800  
835  
865  
875  
885  
900  
180  
190  
195  
205  
220  
235  
255  
275  
295  
310  
320  
335  
345  
370  
390  
405  
420  
435  
470  
500  
525  
550  
570  
590  
610  
630  
645  
660  
675  
690  
705  
720  
730  
745  
770  
790  
810  
835  
850  
870  
890  
905  
920  
935  
955  
980  
1,010  
1,040  
1.075  
170  
175  
180  
185  
190  
195  
210  
225  
235  
245  
250  
255  
260  
270  
275  
280  
285  
290  
315  
340  
360  
380  
400  
420  
440  
455  
470  
485  
500  
510  
520  
530  
540  
545  
550  
555  
560  
565  
570  
580  
590  
600  
605  
610  
620  
635  
650  
670  
690  
41  
43  
44  
45  
49  
52  
58  
61  
65  
68  
72  
75  
78  
82  
87  
90  
9,000 10,000  
10,000 12,000  
12,000 14,000  
14,000 16,000  
15,000 18,000  
18,000 20,000  
20,000 25,000  
25,000 30,000  
30,000 35,000  
35,000 40,000  
40,000 45,000  
45,000 50,000  
50,000 55,000  
55,000 60,000  
60,000 65,000  
65,000 70,000  
70,000 75,000  
75,000 80,000  
80,000 85,000  
85,000 90,000  
90,000 95,000  
95,000 100,000  
100,000 110,000  
110,000 120,000  
120,000 130,000  
130,000 140,000  
140,000 150,000  
150,000 160,000  
160,000 170,000  
170,000 180,000  
180,000 190,000  
190,000 200,000  
200,000 210,000  
210,000 230,000  
230,000 250,000  
250,000 275,000  
275,000 300,000  
940  
975  
94  
98  
1,055  
1,130  
1,205  
1,275  
1,340  
1,400  
1,460  
1,515  
1,565  
1,610  
1,655  
1,695  
1,730  
1,760  
1,790  
1,815  
1,835  
1,855  
1,875  
1,890  
1,900  
1,935  
1,965  
1,990  
2,010  
2,030  
2,055  
2,100  
2,155  
2,215  
2,275  
105  
112  
119  
124  
129  
135  
140  
145  
150  
155  
160  
165  
170  
175  
180  
185  
195  
205  
215  
225  
235  
245  
255  
265  
275  
285  
295  
315  
335  
360  
385  
Notes to Table  
Note a. All types of blasting caps in strengths through No. 8 shall be rated at 1 1/2 (0.68 kg) of  
explosives per 1,000 caps.  
Note b. "Barricaded" means that a building containing explosives is effectually screened from a  
magazine, building, railway, or highway, either by a natural barricade or by an artificial barricade of such  
Page 9  
height that a straight line from the top of any sidewall of the building containing explosives to the eave line  
of any magazine or building, or to a point 12 feet (3.66 m) above the center of a railway or highway, will  
pass through such intervening or artificial barricade.  
Note c. "Artificial barricade" means an artificial mound or revetted wall of earth of a minimum  
thickness of 3 feet (0.92 m).  
Note d. "Natural barricade" means natural features of the ground, such as hills or timber of sufficient  
density that the surrounding exposures which require protection cannot be seen from the magazine when  
the trees are bare of leaves.  
Note e. When a building containing explosives is not barricaded, the distances shown in Table 1 shall  
be doubled.  
Note f. When 2 or more storage magazines are located on the same property, each magazine shall  
comply with minimum distances specified from inhabited buildings, railways, and highways, and, in  
addition, they shall be separated from each other by not less than the distances shown for "Separation of  
magazines," except that the quantity of explosives contained in cap magazines shall govern in regard to the  
spacing of the cap magazines from magazines containing other explosives. If any 2 or more magazines are  
separated from each other by less than the specified "Separation of magazines" distances, then such 2 or  
more magazines, as a group, shall be considered as 1 magazine, and the total quantity of explosives stored  
in such group shall be treated as if stored in a single magazine located on the site of any magazine of the  
group and shall comply with the distances specified from other magazines, inhabited buildings, railways,  
and highways.  
Note g. This table applies only to the manufacture and permanent storage of commercial explosives. It  
is not applicable to the transportation of explosives or any handling or temporary storage necessary or  
incident thereto. It is not intended to apply to bombs, projectiles, or other heavily encased explosives.  
Note h. 1 pound = 0.454 kg; 1 foot = 0.305 m.  
(5) A minor shall not be employed in any occupation involving the use of or exposure  
to hazardous substances, as defined in R 408.6204(a).  
(6) A minor shall not be employed to work in any workroom in which any of the  
following occurs:  
(a) Radium is stored or used in the manufacture of self-luminous compounds.  
(b) A self-luminous compound, as defined in R 408.6205(h), is made, processed,  
packaged, stored, used, or worked on.  
(c) Incandescent mantles made from fabric and solutions containing thorium salts are  
manufactured, processed, or packaged.  
(d) Other radioactive substances are present in the air in average concentrations  
exceeding 10% of the maximum permissible concentrations in the air recommended for  
occupational exposure as set forth in the 40-hour week column of table 1 of the national  
committee on radiation protection report no. 22, entitled "Maximum Permissible Body  
Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water  
for Occupational Exposure," June 5, 1959, which is adopted by reference in these rules  
and is available for inspection and for distribution at no charge at the Michigan  
Department of Education, Office of Career and Technical Education, 608 W. Allegan  
Street, P.O. Box 30712, Lansing, MI 48909.  
This report may be purchased from the National Council on Radiation Protection  
and Measurements, 7910 Woodmont Avenue, Suite 400, Bethesda, MD 20814-3095, at a  
cost of $20.00.  
(7) A minor shall not be employed in any occupation which requires the use of  
respiratory equipment, as defined in R 408.6205(g).  
(8) A minor under 16 years of age shall not be employed in any occupation involving  
work in a confined space, as defined in R 408.6203(c).  
Page 10  
(9) A minor shall not be employed in any occupation involving the operations, setup,  
repair, adjustment, oiling, or cleaning of any of the following machines:  
(a) Power-driven woodworking machinery, as defined in R 408.6205(e).  
(b) Power-driven metal-forming, metal-punching, and metal-shearing machines, as  
defined in R 408.6205(c).  
(c) Power-driven bakery machines, as defined in R 408.6205(a).  
(d) Power-driven paper products machinery, as defined in R 408.6205(d).  
(e) Power-driven saws.  
(f) Power-driven meat-processing machines, as defined in R 408.6205(b).  
(10) A minor shall not operate, or assist in the operation of, including the starting,  
stopping, adjusting, feeding, or any other activity involving physical contact with, any of  
the following machines:  
(a) Trencher or earth-moving equipment.  
(b) Tractors exceeding 20 power-take-off horsepower, including connecting or  
disconnecting an implement or any of its parts to or from such a tractor; except that  
minors 16 to 17 years of age who are provided operating instructions from their  
employers may operate such tractors.  
(11) A minor shall not be employed in work which involves any of the following  
activities:  
(a) The operation of a power-driven hoisting apparatus, including an elevator, power  
industrial truck, crane, derrick, or hoist, except for the operation of an unattended  
automatic operation passenger elevator.  
An employer may apply for a deviation for 16- and 17-year-old minors to operate a  
motorized hand truck and low-lift platform truck, as defined in R 408.6204(c) and (f), in  
accordance with R 408.6303.  
(b) Riding on a manlift or on a freight elevator, except for a freight elevator which is  
operated by an assigned operator.  
(c) Assisting in the operation of a crane, derrick, or hoist as traditionally performed  
by crane hookers, crane chasers, hookers-on, riggers, rigger helpers, and similar  
occupations.  
(12) A minor under 16 years of age shall not work under equipment or machinery  
which has been elevated by a hoist, jack, blocks, or hydraulic power system.  
(13) A minor shall not be employed in any occupation which requires the operation of  
a motor vehicle on any public road or highway, except when such operation is occasional  
and incidental to the minor's primary work activities and if all of the following  
requirements are complied with:  
(a) The gross vehicle weight does not exceed 6,000 pounds.  
(b) The operation is restricted to daylight hours.  
(c) The minor holds a state license valid for the type of motor vehicle operation  
involved in the job performed and has completed a state-approved driver education  
course.  
(d) The vehicle is equipped with a seat belt or similar device for the driver and for  
each helper, and the employer has instructed each minor that such belts or other devices  
must be used.  
(e) The operation does not involve the transporting of passengers or the towing of  
vehicles.  
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(14) A minor shall not be employed as an outside helper on any motor vehicle on a  
public highway.  
History: 1988 AACS; 2003 AACS; 2006 AACS; 2015 AACS.  
R 408.6209 Prohibited occupations; manufacture of brick, tile, and kindred  
products; welding and heat treating; brazing and soldering; tanning; logging and  
sawmilling; mining; working in foundry; operating lawn care equipment; working  
in slaughtering or meat-packing establishments; working from ladders or  
scaffolding; firefighting.  
Rule 209. (1) A minor shall not be employed in any occupation involving exposure to  
the manufacturing of clay construction products, as defined in R 408.6203(b), or of silica  
refractory products, as defined in R 408.6205(i).  
(2) A minor under 16 years of age shall not be employed to directly engage in  
welding or cutting with gas, arc, or resistance methods.  
(3) A minor under 16 years of age shall not be employed to directly engage in heat  
treating, brazing, or soldering, except for soldering with a hand-held soldering gun or  
iron.  
(4) A minor shall not be employed to directly engage in any aspect of the tanning  
process.  
(5) A minor shall not be employed in any occupation, as defined in R 408.6204(h), in  
connection with logging or in the operation of any sawmill, lath mill, shingle mill, or  
cooperage stock mill, as defined in R 408.6204(j).  
(6) A minor shall not be employed in any operation in or around a mine or quarry, as  
defined in R 408.6204(k).  
(7) A minor under 16 years of age shall not be employed in any occupation involving  
ore reduction process, the casting of metals, or other activities with direct exposure to  
blast furnaces.  
(8) A minor under 16 years of age shall not be employed in any occupation involving  
the operation of power-driven lawn mowers or cutters.  
(9) A minor shall not be employed in occupations in or about slaughtering and meat-  
packing establishments, rendering plants, or wholesale, retail, or service establishments,  
as defined in R 408.6204(i).  
(10) A minor under 16 years of age shall not be employed in any occupation requiring  
the use of ladders, scaffolds, or their substitutes.  
(11) A minor shall not be employed to engage in the extinguishment of fires, except  
that a minor who is 16 or 17 years of age may be employed for forest fire suppression on  
fire control mop-up work in a crew organization under the direct supervision of a crew or  
line fire boss.  
History: 1988 AACS; 2015 AACS.  
PART 3. DEVIATIONS FROM ESTABLISHED STANDARDS OR FROM  
LEGAL HOURS OF EMPLOYMENT FOR 16- AND 17-YEAR-OLD MINORS  
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R 408.6301 Definitions.  
Rule 301. As used in this part:  
(a) "Act" means 1978 PA 90, as amended, MCL 409.101 et seq.  
(b) "Community" means a group of people having common interests who live in the  
same locality.  
(c) “Department” means the department of education.  
(d) "Deviation" means a variance from the established hours or hazardous  
occupations granted by the department to a specific employer or individual.  
(e) "Family hardship" means a condition whereby the economic well-being of the  
household in which a minor resides is dependent upon the earnings of the minor.  
History: 1988 AACS; 2015 AACS.  
R 408.6302 Application for deviation from legal hours of employment.  
Rule 302. (1) An employer seeking approval to employ minors age 16 and older  
beyond the hours prescribed in the act shall file an application for a deviation from the  
legal hours of employment with the department.  
(2) An application for a deviation shall include all of the following information:  
(a) The name and address of the employer.  
(b) The name and title of the person filing the application.  
(c) An indication of the work schedule for hours to be worked before 6 a.m. and after  
10:30 p.m. when school is in session and before 6 a.m. and after 11:30 p.m. when school  
is not in session.  
(d) The address where the work is to be performed.  
(e) A statement of the type of business.  
(f) Verification that all of the following shall be maintained by the employer:  
(i) Written permission of the parent or guardian for the minor to work the hours  
requested.  
(ii) Records certifying that the work week does not exceed 24 hours if the minor is a  
student in school and school is in session.  
History: 1988 AACS; 2003 AACS; 2006 AACS; 2014 AACS.  
R 408.6303 Application for deviation from hazardous occupation standards.  
Rule 303. (1) An employer seeking approval to employ minors age 16 and older  
in an occupation determined to be hazardous shall file an application for a deviation  
from a hazardous occupation with the department.  
(2) An application for  
information:  
a
deviation shall include all of the following  
(a) The name and address of the firm.  
(b) The name and title of the person filing the application.  
(c) The name, address, and date of birth of the minor.  
(d) The school the minor is attending, if the minor is attending school.  
(e) The address where the work is to be performed.  
Page 13  
(f) A specification of the standard, or portion thereof, from which the applicant  
seeks a deviation.  
(g) A statement of the type of business.  
(h) A statement detailing how approval of the deviation will be in  
the best  
interests of the minor. The statement may include, but is not limited to, an indication  
that the minor is not attending school or that the request is based upon a family  
hardship.  
(i) A statement indicating any training the minor has received in the proposed  
type of employment, including a copy of the certification of successful completion of  
the training program if certification was given.  
(j) The maximum hours to be worked on a daily and weekly basis.  
(k) A statement of how the safety, health, and personal well-being of the minor  
will be protected, including an assurance that all safety and health standards will be  
complied with and enforced by the employer.  
(l) The written approval of the parent or guardian.  
History: 1988 AACS; 2003 AACS; 2006 AACS.  
R 408.6304 Effect of deviation.  
Rule 304. A deviation shall take effect on the date issued.  
History: 1988 AACS; 2003 AACS.  
R 408.6305 Notice of granting of deviation to applicant and employees.  
Rule 305. (1) The department, upon granting a deviation, shall notify, by mail, the  
applicant of the granting of the deviation, including the terms and conditions thereof.  
(2) An employer, upon receiving notice that a deviation has been granted,  
shall notify the affected employees of the granting of the deviation by giving to  
them a copy of the deviation to be presented to the school work permit office for the  
purpose of securing a work permit.  
History: 1988 AACS.  
R 408.6306 Deviation modification, renewal, denial, or revocation.  
Rule 306. (1) An employer may apply in writing to the department for  
a
modification or renewal of a deviation issued under the act. The terms of a deviation  
may be modified upon written request from an employer and subsequent approval  
by the director.  
(2) The department may, on its own motion, proceed to deny, modify, or revoke a  
deviation subject to written notice to the employer and subject to the employer's right to  
request a hearing. The director shall conduct a hearing pursuant to chapter 4 of Act  
No. 306 of the Public Acts of 1969, as amended, being SS24.271 to 24.287 of the  
Michigan Compiled Laws.  
Page 14  
History: 1988 AACS.  
R 408.6307 Appeal to circuit court; finality of resolution.  
Rule 307. (1) An employer aggrieved by the decision of the director following  
a hearing under R 408.6306 may, within 60 days after the mailing of the decision, appeal  
to the circuit court by filing a petition for review pursuant to the provisions of  
chapter 6 of Act No. 306 of the Public Acts of 1969, as amended, being SS24.301  
to 24.306 of the Michigan Compiled Laws.  
(2) If the decision of the director to deny or revoke a deviation is not appealed to  
circuit court within 60 days after the date of mailing, it shall be final.  
History: 1988 AACS.  
R 408.6308 Record of deviation.  
Rule 308. When a deviation is granted, a copy of the deviation shall be kept on  
file by the employer at the minor's place of employment.  
History: 1988 AACS.  
R 408.6309. Prohibited conduct.  
Rule 309. (1) In addition to conduct otherwise prohibited,  
employs a minor shall not do any of the following:  
a
person who  
(a) Allow a minor to work in a prohibited occupation, as provided in R  
408.6208, R 408.6209, and the federal child labor regulations, 29 C.F.R.  
570.1 et seq., if applicable.  
(b) Fail to provide adult supervision as required by R 408.6207.  
(c) Fail to have a work permit on file, when required by the act or these rules.  
(d) Allow a minor under the age of 16 to work days or hours not allowed  
under section 10 of the act.  
(e) Allow a minor age 16 to 17 to work days or hours not allowed under  
section 11 of the act without an approved deviation from the department.  
(f) Fail to provide a minor with a meal or rest period, as required by section 12  
of the act.  
(g) Fail to satisfy the posting and time records requirements of section 13 of the  
act.  
(2) A person employing a minor who violates any of the provisions of subrule  
(1) of this rule is subject to the penalties in section 22(1) of the act.  
History: 2006 AACS.  
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;