29 C.F.R. § 570.67

Occupations in roofing operations and on or about a roof (Order 16)

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(a) Finding and declaration of fact. All occupations in roofing operations and all occupations on or about a roof are particularly hazardous for the employment of minors between 16 and 18 years of age or detrimental to their health.

(b) Definitions. On or about a roof includes all work performed upon or in close proximity to a roof, including carpentry and metal work, alterations, additions, maintenance and repair, including painting and coating of existing roofs; the construction of the sheathing or base of roofs (wood or metal), including roof trusses or joists; gutter and downspout work; the installation and servicing of television and communication equipment such as cable and satellite dishes; the installation and servicing of heating, ventilation and air conditioning equipment or similar appliances attached to roofs; and any similar work that is required to be performed on or about roofs.

Roofing operations means all work performed in connection with the installation of roofs, including related metal work such as flashing, and applying weatherproofing materials and substances (such as waterproof membranes, tar, slag or pitch, asphalt prepared paper, tile, composite roofing materials, slate, metal, translucent materials, and shingles of asbestos, asphalt, wood or other materials) to roofs of buildings or other structures. The term also includes all jobs on the ground related to roofing operations such as roofing laborer, roofing helper, materials handler and tending a tar heater.

(c) Exemptions. This section shall not apply to the employment of apprentices or student-learners under the conditions prescribed in § 570.50 (b) and (c).

[27 FR 102, Jan. 5, 1962. Redesignated at 28 FR 1634, Feb. 21, 1963, and amended at 28 FR 3450, Apr. 9, 1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971; 69 FR 57404, Dec. 16, 2004]

Notes of Decisions

Cited in 4 cases, 1988–2018 · leading case: France v. S. Equip. Co., 689 S.E.2d 1 (W. Va. 2010).

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France v. S. Equip. Co., 689 S.E.2d 1 (W. Va. 2010). · cites it 2× “] The Secretary of Labor has declared roofing operations to be hazardous for children between the ages of 16 and 18, stating in 29 C.F.R. § 570.67 (a): All occupations in roofing operations and all occupations on or about a roof are particularly hazardous for the employment of…”

McLaughlin v. Stineco, Inc., 697 F. Supp. 436 (M.D. Fla. 1988). · cites it 4× “§ 212 (c), and 29 C.F.R. §§ 570.67 and 570.35 by employing minors under the age of 18 years in a particularly hazardous occupation involving roofing, and by employing a minor under the age of 16 years during hours not permitted by such regulation.”

Perez v. Paragon Contractors Corp., 340 F. Supp. 3d 1194 (D. Utah 2018). · cites it 2× “55 , occupations involved in the operation of power-driven wood-working machines) and Hazardous Order 16 ( 29 C.F.R. § 570.67 , occupations in roofing operations and on or about a roof).”

Schmidt v. Reich, 835 F. Supp. 435 (N.D. Ill. 1993). “, 29 C.F.R. 570.67 (finding roofing hazardous); 29 C.”

— 29 C.F.R. § 570.67(b) — 1 case

McLaughlin v. Stineco, Inc., 697 F. Supp. 436 (M.D. Fla. 1988). “§ 212 (c), and 29 C.F.R. §§ 570.67 and 570.35 by employing minors under the age of 18 years in a particularly hazardous occupation involving roofing, and by employing a minor under the age of 16 years during hours not permitted by such regulation.”

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