1. Virginia Child Labor Laws
Protecting Young Student Workers in the Commonwealth

2. 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”

3. 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

4. The Child Labor Laws Code of Virginia Virginia Administrative Code
§ to §
Virginia Administrative Code
16 VAC to 16 VAC
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 And from the law the Commonwealth has generated child labor regulations in the Virginia Administrative Code, 16 VAC to 16 VAC Please feel free to review these on your own.

5. 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.

6. 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

7. 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

8. 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.

9. 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.

10. 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

11. 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

12. 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

13. 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 § B

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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.

20. 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

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

22. 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

23. 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.

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