Transcript Health and Safety, Virginia Department of Labor and Industry

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
2015-2016 Health and Safety:
Department of Labor and Industry
Regulations
Agenda
Virginia Child Labor Laws
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Protecting Young Student Workers in the
Commonwealth
Department History
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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
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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
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Code of Virginia
 § 40.1-78 to § 40.1-116
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Virginia Administrative Code
 16 VAC 15-30-10 to 16 VAC 15-50-50
Work Vs. Training
Work-training
Certificate
Code 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 Conditions
Code 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 § 40.1100 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 worktraining program in accordance with rules and
regulations promulgated by the Commissioner.
Work-training
Certificate Conditions
Code 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 Conditions
Code 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
Agreement
Code 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 Occupations
Prohibited to All Minors Under 18
Code of Virginia § 40.1-100 A
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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 Occupations
Prohibited to All Minors Under 18
Code of Virginia § 40.1-100 A
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Mining
Certain
Slaughtering, Meatexceptions
Packing
under 40.1-88
Power-Driven Bakery
and 40.1-89
Machines
Power-Driven Paper
Product Machines
Manufacturing Brick, Tile,
or Kindred Products
Power-Driven Saws
Wrecking, Demolition,
Shipbreaking
Hazardous Occupations
Prohibited to All Minors Under 18
Code of Virginia § 40.1-100 A
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Roofing
Certain
exceptions
Excavation
under 40.1-88
Fire Fighting
Serving Alcoholic and 40.1-89
Beverages
Manufacturing Paints,
Colors, or White Lead
Preparing and Using
Dangerous, Poisonous
Chemicals
Sexually Explicit Material
Prohibited to All Minors Under 18
Code of Virginia § 40.1-100.2
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They are not allowed to perform
or be involved in anything sexually
explicit
Driving at Work
Code of Virginia § 40.1-100 A
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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 16
Code of Virginia § 40.1-100 B
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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 16
Code of Virginia § 40.1-100 B
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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 16
Code of Virginia § 40.1-100 B
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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
Agreement
Code 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
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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-thejob 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 WorkTraining Agreement
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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 Restrictions
Code of Virginia §40.1-80.1, 88, 115, and 116
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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
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Employers may not
require a minor to
work in violation of a
local curfew
ordinance
Hour Restrictions
Minors Under 16-Years-Old
Code of Virginia §40.1-80.1
Summer
School Year
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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
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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 §40.1-80.1
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Employers are
required to give a 30
Minute Break after
the minor works 5
Consecutive Hours
Instructor Liability
Code of Virginia § 40.1-113
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Coordinators can be
held responsible for
violations of the child
labor laws
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Each violation is up to
a $1000 Civil
Monetary Penalty
Career and Technical
Educator Resources
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Joint workplace inspections
Instructor / Staff training on Labor and
Employment Laws
Classroom presentations for CTE students
Reference materials
Federal Law
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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
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Virginia Department of Labor and Industry
 www.doli.virginia.gov
 (804) 786-2706
Contacts
Lolita B. Hall
George R. Willcox
Director
804-225-2051
[email protected]
Coordinator
Planning, Administration and Accountability (PAA)
804 225-2052
[email protected]
Sharon W. Acuff
Virginia Department of Education
Specialist
Marketing & Related Career Clusters
804 225-3119
[email protected]
Office of Career and Technical Education
P.. O. Box 2120
Richmond, Virginia 23218-2120
804 225-2051
CTE Website: http://www.doe.virginia.gov/instruction/career_technical/
Next Video Streaming Training
Session
Announcements
Session 4:
CTE Federal Program Monitoring:
Self Assessment and Civil Rights
Reviews
July 16, 2015
Health and Safety: Department of
Labor and Industry Regulations
Send questions regarding Session 3 to
George R. Willcox at [email protected]
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!