1. 2014-2015 Video Streaming Training Sessions for Career and Technical Education (CTE) Administrators Training Session #5 Health and Safety: Department of Labor and Industry Regulations George R. Willcox Virginia Department of Education August 21, 2014

2. Agenda Virginia Child Labor Laws 2014-2015 Video Streaming Training Sessions for Career and Technical Education (CTE) Administrators  Protecting Young Student Workers in the Commonwealth

3. 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”

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. Hour Restrictions Minors Under 16-Years-Old Code 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 1 st 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

22.  Employers are required to give a 30 Minute Break after the minor works 5 Consecutive Hours Hour Restrictions Minors Under 16-Years-Old Code of Virginia §40.1-80.1

23. 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

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

25. 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

26. Contacts  Virginia Department of Labor and Industry  www.doli.virginia.gov  (804) 786-2706

27. Contacts Lolita B. HallGeorge R. Willcox DirectorCoordinator 804-225-2051Planning, Administration and Accountability (PAA) CTE@doe.virginia.govCTE@doe.virginia.gov804 225-2052 george.willcox@doe.virginia.gov B. Anne RoweVirginia Department of Education Coordinator Office of Career and Technical Education Curriculum & Instruction (C & I)P.. O. Box 2120 804 225-2838Richmond, Virginia 23218-2120 Anne.Rowe@doe.virginia.govAnne.Rowe@doe.virginia.gov804 225-2051 CTE Website: http://www.doe.virginia.gov/instruction/career_technical/http://www.doe.virginia.gov/instruction/career_technical/

28. Announcements Session 5: Implementing Career Clusters August 14, 2014 August Video Streaming Training Session

29. Send questions regarding Session 4 to George Willcox at CTE@doe.virginia.govCTE@doe.virginia.gov Wrap Up Archived Session available on VDOE web site on Professional Development Session Evaluation at https://www.surveymonkey.com/s/GTMFZ9B https://www.surveymonkey.com/s/GTMFZ9B 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