Haw. Code R. § 12-25-56

Current through November, 2024

Section 12-25-56 - Occupations in logging and in the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill

(a) As used in this section:

"All occupations in logging" means all work performed in connection with the felling of timber; the bucking or converting of timber into logs, poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar products; the collecting, skidding, yarding, loading, transporting, and unloading of such products in connection with logging; the constructing, repairing, and maintaining of roads, railroads, flumes, or camps used in connection with logging; the moving, installing, rigging, and maintenance of machinery or equipment used in logging; and other work performed in connection with logging. The term shall not apply to work performed in timber culture, timber-stand improvement, or in emergency fire-fighting.

"All occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill" means all work performed in or about any such mill in connection with storing of logs and bolts; converting logs or bolts into sawn lumber, laths, shingles, or cooperage stock; storing, drying, and shipping lumber, laths, shingles, cooperage stock, or other products of such mills; and other work performed in connection with the operations of any sawmill, lath mill, shingle mill, or cooperage stock mill. The term shall not include work performed in the planing mill department or other remanufacturing department of any sawmill, or in any planing mill or remanufacturing plant not a part of a sawmill.

(b) All occupations in logging and all occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill are declared hazardous for minors under eighteen years of age.

(c) This section shall not apply to the employment in the following occupations of minors who have attained the age of sixteen:

(1) Exceptions applying to logging:

(A) Work in offices or in the repair or maintenance shops;

(B) Work in the construction, operation, repair, or maintenance of living and administrative quartets of logging camps;

(C) Work in timber cruising, surveying, or logging-engineering parties; work in the repair or maintenance of roads, railroads, or flumes; work in forest protection, such as clearing fire trails or roads, piling and burning slash, maintaining fire-fighting equipment, constructing and maintaining telephone lines, or acting as fire lookout or fire patroller away from the actual logging operations; provided that the provisions of this subparagraph shall not apply to the felling or bucking of timber, the collecting or transporting of logs, the operation of power-driven machinery, the handling or use of explosives, and work on trestles;

(D) Peeling of fence posts, pulpwood, chemical wood, excelsior wood, cordwood, or similar products, when not done in conjunction with and at the same time and place as other logging occupations declared hazardous by this section; and

(E) Work in the feeding or care of animals; and

(2) Exceptions applying to the operation of any permanent sawmill or the operation of any lath mill, shingle mill, or cooperage stock mill; provided that these exceptions do not apply to a portable sawmill the lumberyard of which is used only for the temporary storage of green lumber and in connection with which no office or repair or maintenance shop is ordinarily maintained; and further provided that these exceptions do not apply to work which entails entering the sawmill building:

(A) Work in offices or in repair or maintenance shops;

(B) Straightening, marking, or tallying lumber on the dry chain or the dry drop sorter;

(C) Pulling lumber from the dry chain;

(D) Clean up in the lumberyard;

(E) Piling, handling, or shipping of cooperage stock in yards or storage sheds, other than operating or assisting in the operation of power-driven equipment;

(F) Clerical work in yards or shipping sheds, such as done by order clerks, counters, and shipping clerks;

(G) Clean up work outside shake and shingle mills, except when the mill is in operation;

(H) Splitting shakes manually from pre-cut and split blocks with a froe and mallet, except inside the mill building or cover;

(I) Packing shakes into bundles when done in conjunction with splitting shakes manually with a froe and mallet, except inside the mill building or cover; and

(J) Manual loading of bundles of shingles or shakes into trucks or railroad cars, provided that the employer has on file a statement from a licensed doctor of medicine or osteopathy certifying the minor capable of performing this work without injury to the minor.

Haw. Code R. § 12-25-56

[Eff. OCT. 5, 1981] (Auth: HRS §§ 390-2, 390-6) (Imp: HRS § 390-2)