2015-2016 Work-Based Learning – Safety Video Streaming Session

Health and Safety: Department of Labor

and Industry Regulations

George R. Willcox

Virginia Department of Education

July 9, 2015

Agenda

Virginia Child Labor Laws

2015-2016 Health and Safety:

Department of Labor and Industry

Regulations

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

§ 40.1-78 to § 40.1-116

Virginia Administrative Code

16 VAC 15-30-10 to 16 VAC 15-50-50

Work Vs. Training

Work-training

CertificateCode of Virginia § 40.1-88

A work-training certificate shall permit the employment of a child between fourteen and sixteen years of age during school hours when enrolled in a regular school work-training program pursuant to a written agreement containing the same provisions as specified in§40.1-89.

(The Work-training Certificate was previously called Work Permit in some school divisions.)

Work-training

Certificate ConditionsCode of Virginia § 40.1-89

No child shall be employed pursuant to a work-training certificate as provided in § 40.1-88 where such employment requires such child to work in any occupation which is deemed hazardous under § 40.1-100 A or regulations promulgated thereunder. However, a child sixteen or seventeen years of age may be employed in certain such occupations as part of a work-training program in accordance with rules and regulations promulgated by the Commissioner.

Work-training

Certificate ConditionsCode of Virginia § 40.1-89

No child shall work in a work-training program except pursuant to a written agreement which shall provide: (1) that the work of such child shall be incidental to his training, shall be intermittent and for short periods of time and shall be under the direct and close supervision of a competent and experienced person; (2) that safety instruction shall be given by the school and correlated with on-the-job training given by the employer; and (3) that a schedule of organized and progressive work processes to be performed shall have been prepared. Such written agreement shall set forth the name of the child so employed and shall be signed by the employer and the coordinator of schools having jurisdiction.

Work-training

Certificate ConditionsCode of Virginia § 40.1-89

Any such work-training certificate or written agreement may be revoked at any time that it shall appear that reasonable precautions for the safety of such child have not been observed.

Code 1950, § 40-100.4:1; 1960, c. 434; 1968, c. 277; 1970, c. 321; 1982, c. 252; 1991, c. 511 .

Written Work-Training

AgreementCode of Virginia § 40.1-88 and 89

If a written work-training agreement is in place, then

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

Hazardous OccupationsProhibited to All Minors Under 18Code 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

Certain exceptions under 40.1-88 and 40.1-89

Hazardous OccupationsProhibited to All Minors Under 18Code 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

Certain exceptions under 40.1-88 and 40.1-89

Hazardous OccupationsProhibited to All Minors Under 18Code 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

Certain exceptions under 40.1-88 and 40.1-89

Sexually Explicit MaterialProhibited to All Minors Under 18Code of Virginia § 40.1-100.2

They are not allowed to perform or be involved in anything sexually explicit

Driving at WorkCode 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

Restricted Duties for

Minors Under 16Code 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

Certain exceptions under 40.1-88 and 40.1-89

Restricted Duties for

Minors Under 16Code 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

Certain exceptions under 40.1-88 and 40.1-89

Restricted Duties for

Minors Under 16Code 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

Certain exceptions under 40.1-88 and 40.1-89

Written Work-Training

AgreementCode of Virginia § 40.1-88 and 89

If a written work-training agreement is in place, then

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

Written Work-Training

Agreement (Continued)Code of Virginia § 40.1-88 and 89

The written work-training agreement must

Set forth the name of the child employed

Be signed by the employer and the coordinator of schools having jurisdiction

Certify the student learner is enrolled in a course of study and training in a Career and Technical Education program

Written Work-Training

Agreement (Continued)Code of Virginia § 40.1-88 and 89

State 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 of a competent and experienced person

Written Work-Training

Agreement (Continued)Code of Virginia § 40.1-88 and 89

The agreement must include:

Safety instruction given by the school and correlated with on-the-job training given by the employer

a schedule of organized and progressive work processes to be performed by the student

Student Learner Exemptions

with a Written Work-

Training Agreement

With a written work agreement, 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

Hour RestrictionsCode 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 RestrictionsAll MinorsCode of Virginia § 40.1-116

Employers may not require a minor to work in violation of a local curfew ordinance

Hour RestrictionsMinors Under 16-Years-OldCode of Virginia §40.1-80.1

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

Employers are required to give a 30 Minute Break after the minor works 5 Consecutive Hours

Hour RestrictionsMinors Under 16-Years-OldCode of Virginia §40.1-80.1

Instructor LiabilityCode 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

Contacts

Virginia Department of Labor and Industry www.doli.virginia.gov

(804) 786-2706

Contacts

Lolita B. Hall George R. WillcoxDirector Coordinator

804-225-2051 Planning, Administration and Accountability (PAA)

CTE@doe.virginia.gov 804 225-2052

george.willcox@doe.virginia.gov

Sharon W. Acuff Virginia Department of EducationSpecialist Office of Career and Technical Education

Marketing & Related Career Clusters P.. O. Box 2120

804 225-3119 Richmond, Virginia 23218-2120

sharon.acuff@doe.virginia.gov 804 225-2051

CTE Website: http://www.doe.virginia.gov/instruction/career_technical/

Announcements

Session 4:

CTE Federal Program Monitoring:

Self Assessment and Civil Rights

Reviews

July 16, 2015

Next Video Streaming Training

Session

Send questions regarding Session 3 to

George R. Willcox at CTE@doe.virginia.gov

Wrap Up

•Archived Session available on VDOE web site on

Professional Development

•Session Evaluation at

https://www.surveymonkey.com/r/XV29SCS

•Reminder: Director’s Memos, Announcements,

Quarterly Newsletters, and Cluster Specialist

Listserv Messages.

Thank you for joining us!

Health and Safety: Department of

Labor and Industry Regulations