Virginia Child Labor Laws Protecting Young Student Workers in the Commonwealth

Department History Created by the Virginia General Assembly in 1898 as the Bureau of Labor and Industrial Statistics Received agency status and became the Virginia Department of Labor and Industry in 1927 The primary authority is the Code of Virginia § 40.1: “Labor Laws of Virginia”

Department Services Provides services to citizens, employers and employees to produce safe, healthy and productive working environments Central headquarters in Richmond Regional offices located in Abingdon, Manassas, Lynchburg, Norfolk, Richmond, Roanoke, and Verona

The Child Labor Laws Code of Virginia Virginia Administrative Code § 40.1-78 to § 40.1-116 Virginia Administrative Code 16 VAC 15-30-10 to 16 VAC 15-50-50 Before we get deep into the material, I wanted to let you know that everything we speak about today comes directly from the child labor laws of Virginia. The law can be found in the Code of Virginia Chapter 40.1 Sections 78 to 116. And from the law the Commonwealth has generated child labor regulations in the Virginia Administrative Code, 16 VAC 15-30-10 to 16 VAC 15-30-230. Please feel free to review these on your own.

Hazardous Occupations Prohibited to All Minors Under 18 Code of Virginia § 40.1-100 A Manufacturing or storing explosives Logging and Sawmilling Power-Driven Woodworking Machines Exposure to Radioactive Substances or Ionizing Radiation Power-Driven Hoisting Apparatus Power-Driven Metal Forming Machines There are certain jobs youth are not allowed to do until they turn 18, or get a special apprenticeship when they turn 16. These jobs are dangerous and have hazards that young workers should not be exposed to. Youth cannot work in any mine, factory, or construction job. The law also states that they cannot use any power driven machines, which includes woodworking equipment and power saws. This type of equipment is just hazardous to everybody especially young, inexperienced individuals. You also should not issue any employment certificates if the student’s job has them doing anything that involves any dangerous or poisonous chemicals, especially the mixing of such chemicals. If they get a job in a restaurant, they are not allowed to serve any alcoholic beverages until they are 18. The students are also not allowed to be employed by any outdoor theatre, carnival, or cabaret. Employers are also not allowed to have them going door to door selling things until they are 16, and even then they have to be under the immediate supervision of an adult. Just in case you forgot: young workers are not allowed to do any of these things! There is a comprehensive list of the hazardous and prohibited occupations in your package.

Hazardous Occupations Prohibited to All Minors Under 18 Code of Virginia § 40.1-100 A Mining Slaughtering, Meat-Packing Power-Driven Bakery Machines Power-Driven Paper Product Machines Manufacturing Brick, Tile, or Kindred Products Power-Driven Saws Wrecking, Demolition, Shipbreaking There are certain jobs youth are not allowed to do until they turn 18, or get a special apprenticeship when they turn 16. These jobs are dangerous and have hazards that young workers should not be exposed to. Youth cannot work in any mine, factory, or construction job. The law also states that they cannot use any power driven machines, which includes woodworking equipment and power saws. This type of equipment is just hazardous to everybody especially young, inexperienced individuals. You also should not issue any employment certificates if the student’s job has them doing anything that involves any dangerous or poisonous chemicals, especially the mixing of such chemicals. If they get a job in a restaurant, they are not allowed to serve any alcoholic beverages until they are 18. The students are also not allowed to be employed by any outdoor theatre, carnival, or cabaret. Employers are also not allowed to have them going door to door selling things until they are 16, and even then they have to be under the immediate supervision of an adult. Just in case you forgot: young workers are not allowed to do any of these things! There is a comprehensive list of the hazardous and prohibited occupations in your package. 6

Hazardous Occupations Prohibited to All Minors Under 18 Code of Virginia § 40.1-100 A Roofing Excavation Fire Fighting Serving Alcoholic Beverages Manufacturing Paints, Colors, or White Lead Preparing and Using Dangerous, Poisonous Chemicals There are certain jobs youth are not allowed to do until they turn 18, or get a special apprenticeship when they turn 16. These jobs are dangerous and have hazards that young workers should not be exposed to. Youth cannot work in any mine, factory, or construction job. The law also states that they cannot use any power driven machines, which includes woodworking equipment and power saws. This type of equipment is just hazardous to everybody especially young, inexperienced individuals. You also should not issue any employment certificates if the student’s job has them doing anything that involves any dangerous or poisonous chemicals, especially the mixing of such chemicals. If they get a job in a restaurant, they are not allowed to serve any alcoholic beverages until they are 18. The students are also not allowed to be employed by any outdoor theatre, carnival, or cabaret. Employers are also not allowed to have them going door to door selling things until they are 16, and even then they have to be under the immediate supervision of an adult. Just in case you forgot: young workers are not allowed to do any of these things! There is a comprehensive list of the hazardous and prohibited occupations in your package. 7

Sexually Explicit Material Prohibited to All Minors Under 18 Code of Virginia § 40.1-100.2 They are not allowed to perform or be involved in anything sexually explicit As a young person, the students should never be allowed to perform or be involved in anything sexually explicit. This means nobody should be filming, photographing, or doing anything with them that could possibly be sexual in nature.

Driving at Work Code of Virginia § 40.1-100 A Driving is prohibited for minors 16 and younger There are strict limits on when a 17-year-old may drive I know we’re talking about 14- and 15- year old students, but I feel I need to mention that an employment certificate should not be issued for any occupation that would have the student driving or operating a motor vehicle. Even at 17 there are limited provisions for a minor operating a motor vehicle as part of their employment.

Restricted Duties for Minors Under 16 Code of Virginia § 40.1-100 B Mechanical Establishments Commercial Canneries Automatic Passenger or Freight Elevators Dance Studio: Dance Club Providing Care for Patients Laboratory Helper, Therapist, Orderly, or Nurse’s Aide Veterinary Hospital Undertaking or Funeral Home Curb Service at a Restaurant Hotel or Motel Room Service

Restricted Duties for Minors Under 16 Code of Virginia § 40.1-100 B Brick, Coal, or Lumber Yards Ice Plants Ushers in Theaters Scaffolding Work or Construction Outdoor Theaters, Carnivals, Fairs Floor Shows, Pool Halls, Clubs, or Roadhouses Lifeguarding at the Beach Soliciting Manufacturing Transportation Warehousing and Storage Communications and Public Utilities

Restricted Duties for Minors Under 16 Code of Virginia § 40.1-100 B Boiler or Engine Rooms Maintenance or Repair Outside Window Washing with Ladders, Scaffolds, or a Substitute Cooking and Baking In Freezer and Meat Coolers Loading and Unloading Goods Pits, Racks, or Lifting Apparatus Inflating Tires Mounted on Rim with a Removable Retaining Ring Power-Driven Mowers and Cutters

Student Learner Exemptions The following have a student learner exemption: Minors 16- or 17-years-old: Power-driven woodworking machines Power-driven metal forming machines Slaughtering and meat packing Power-driven bakery machines Power-driven paper products machines Power-driven saws Roofing Minors 14- or 15-years-old: The Restricted Occupations listed in Code of Virginia § 40.1-100 B

Work-Training Agreement Code of Virginia § § 40.1-88 and 89 Managed by the Coordinator of Schools Certifies the student learner is enrolled in a course of study and training in a Career and Technical Education program 16- or 17-year-olds may be employed in an exempt Hazardous Occupation 14- or 15-year-olds may be employed in a Restricted Occupation

Work-Training Agreement Code of Virginia § § 40.1-88 and 89 States the work declared hazardous will be incidental to the training Hazardous work will be intermittent and for short periods of time under direct, close supervision Safety instruction shall be given by the school and linked to on-the-job training Contains a schedule of organized and progressive work processes

Hour Restrictions Code of Virginia §§40.1-80.1, 88, 115, and 116 Work-Training Agreements permit a student learner to work during school hours All other hours restrictions still apply

Hour Restrictions All Minors Code of Virginia § 40.1-116 Employers may not require a minor to work in violation of a local curfew ordinance Now, I’ve talked a lot about what hours and jobs they can and cannot do. But I want to make sure you know that just because they have a job it does not mean they can skip school or violate a legal curfew. We all agree that a youth’s first responsibility is to be a student. Just remember, that students with a work-training employment certificate are allowed to work during school hours as long as it is part of the school-approved work training program

Hour Restrictions Minors Under 16-Years-Old Code of Virginia §40. 1-80 School Year Summer 7 A.M. to 7 P.M. Not during school time They can start delivering newspapers at 4 AM 3 Hours on a School Day 18 Hours for a School Week 8 Hours on a Non-School day 40 Hours for a Non-School Week 7 A.M. to 9 P.M. June 1st through Labor Day Not during school time They can start delivering newspapers at 4 AM 8 Hours a Non-School Day 40 Hours a Non-School Week

Hour Restrictions Minors Under 16-Years-Old Code of Virginia §40. 1-80 Employers are required to give a 30 Minute Break after the minor works 5 Consecutive Hours No matter how long the shift is, any minor under the age of 16 is required to get a 30 minute “lunch break” if they work more than 5 hours. The employer has to give them this break after they work five straight hours. This can be either a paid or non-paid break, and most likely it will be unpaid.

Instructor Liability Code of Virginia § 40.1-113 Coordinators can be held responsible for violations of the child labor laws Each violation is up to a $1000 Civil Monetary Penalty

Career and Technical Educator Resources Joint workplace inspections Instructor / Staff training on Labor and Employment Laws Classroom presentations for CTE students Reference materials

Federal Law Federal child labor laws are found in the “Fair Labor Standards Act” State and Federal Laws will occasionally differ Please comply with the strictest law For information on the Federal laws please contact the United States Department of Labor

Questions I hope I’ve given you a better understanding of what kind of jobs are available to you. Maybe you weren’t sure you wanted a job, but I hope you see there are some fun things that you can do and get paid to do it. If you have any questions, please feel free to ask them. I won’t be able to answer every question today, but please talk with your teachers and guidance counselors because they know a lot, too.

Field Operations Manager (804) 371-3104, ext. 108 Robert Armstrong Field Operations Manager (804) 371-3104, ext. 108 Robert.Armstrong@doli.virginia.gov Jeff Napier Child Labor Compliance Officer (804) 371-3104, ext. 130 Jeff.Napier@doli.virginia.gov Laura Lancaster Child Labor Compliance Officer (804) 371-3104, ext. 131 Laura.Lancaster@doli.virginia.gov Mac Adams Child Labor Compliance Officer (804) 371-3104, ext. 117 Mac.Adams@doli.virginia.gov