LABOR STANDARDS SECTION
DIVISION OF LABOR
ARKANSAS DEPARTMENT OF LABOR AND LICENSING
Rules effective as of July 2, 2020
010.14-300
Child Labor Administrative
Rules
GENERAL
010.14-300
Definitions
1. "Child" or "children" means any person
under the age of seventeen (17) years, unless more narrowly defined within the
context of a specific rule.
2.
"Department" means the Arkansas Department of Labor and Licensing.
3. "Director" means the Director of the
Division of Labor, Department of Labor and
Licensing.
4. "Division" means the
Division of Labor of the Department of Labor and Licensing.
5. "Employ" includes to suffer or permit to
work.
6. "FLSA" means the federal
Fair Labor Standards Act,
29
U.S.C. §§
201 et seq.
7. "Non-School Days" means days that school
is not in session in the district where a child resides.
8. "Remunerative Occupation" means any
occupation in which compensation for services is made, anticipated, or required
by contract or by the FLSA or Ark. Code Ann. §§
11-4-201 et
seq.
9. "School Vacation" means any
period, other than a weekend, in which school is not in session in the district
where a child resides. This includes summer break, Christmas break, and spring
break.
10. "Section" means the
Labor Standards Section, Division of Labor, Department of Labor and
Licensing.
010.14-301
Minimum Age Standards
(a) No
child sixteen (16) years of age shall be subject to these rules if:
(1) The child is a graduate of any high
school, vocational school or technical school; or
(2) The child is married or is a
parent.
(b) No child
under the age of fourteen (14) years shall be employed or permitted to work in
any remunerative occupation, except as follows:
(1) During school vacation, children under
fourteen (14) years may be employed by their parents or guardians in
occupations owned or controlled by them;
(2)
(A) A
child under the age of fourteen (14) years may be employed or may enter into
contracts upon written approval of the parent or guardian of the minor to buy,
sell, and deliver and to collect for newspapers during the school term or
during vacation, if the child is attending school, as required by law, and does
not engage in the employment or activity except at times when his presence is
not required at school.
(B) The
provisions of Rule 010.14-301(a)(2)(A) shall be applicable only where the
provision is made by the employer or newspaper company contractor to provide
insurance or indemnity for injury to or death of the minor arising out of
bodily injury caused by an accident when the accident hazard arises while the
minor is on the business of the employer or performing the activities set out
in the contract.
(C) The schedule
of benefits under this program of insurance or indemnity shall provide at least
ten thousand dollars ($10,000) for accidental death of the minor, and the sum
shall be reasonably and equitably prorated for dismemberment of the minor. The
insurance of indemnity shall further provide blanket medical coverage for all
hospital and medical expenses up to five thousand dollars ($5,000) resulting
from an accident. This hospital and medical expense protection shall be excess
insurance coverage or indemnity over and above any other collectable
insurance.
(3)
(A) A child under the age of fourteen (14)
years may be employed or may enter into contracts, upon written approval of the
parent or guardian of the minor, to serve as and perform the duties of a
"batboy" or "batgirl", for a professional baseball club, during the school
term, or during vacation, if the child is attending school, as required by law,
and does not engage in the employment or activity except at times when his
presence is not required at school.
(B) The provisions of 010.14-301(a)(3)(A)
shall be applicable only where the provision is made by the employer or
professional baseball club to provide insurance or indemnity for injury to or
death of the minor arising out of bodily injury caused by an accident when the
accident hazard arises while the minor is on the business of the employer or
performing the activities set out in the contract.
(C) No child shall be employed or permitted
to work pursuant to the provisions of Rule 010.14-301(a)(3)(A) for more than
ten (10) hours in any day or after 11:00 p.m. on nights preceding school days
or after 1:00 a.m. on nights preceding non-school days.
(4) A child under the age of fourteen (14)
years may be employed in the entertainment industry provided such employment is
in compliance with the provisions of Ark. Code Ann. §§
11-12-101
through -105 and Rules 010.14-311 through 010.14-316 herein.
(c) No child under the age of
sixteen (16) years shall be employed or permitted to work in certain enumerated
occupations prohibited by Ark. Code Ann. §§
11-6-105
and 107 or determined to be hazardous by the director. See
Rules 010.14-306 through 010.14-309 herein.
(d) No child under the age of sixteen (16)
years shall be employed or permitted to work without an employment certificate
or entertainment work permit issued and maintained pursuant to the provisions
of Ark. Code Ann. §§
11-6-109,
and
11-12-104
and Rules 010.14-302; 010.14-305 and 010.14-312 herein, except:
(1) A child employed as a newspaper carrier
pursuant to Rule 010.14-301 (a)(2); and
(2) A child employed as a "batboy" or
"batgirl" pursuant to Rule 010.14-301(a)(3).
(e) No person under the age of twenty-one
(21) years shall operate any taxicab or bus service for hire, or otherwise, in
a city of the first class or to drive a bus or taxicab, as an employee,
partner, or otherwise, for another. Ark. Code Ann. §
14-57-402.
EMPLOYMENT CERTIFICATES
010.14-302
General
(a) No child under sixteen (16) years shall
be employed or permitted to work unless the child first obtains an employment
certificate issued by the director. For children employed in the entertainment
industry, see Rules 010.14-311 through 010.14-316 herein.
(b) A child who resides in homes for
dependent children may perform domestic activities without being considered an
employee. Such activities include personal care, maintenance of living
quarters, work around the residence or its farms and other activities normally
performed by children when living at home and under direct parental
control.
(c) All children employed
in interstate commerce or in the production of good for interstate commerce, or
employed in any enterprise engaged in interstate commerce or the production of
goods for interstate commerce, are subject to the child labor provisions of the
federal Fair Labor Standards Act, (FLSA)
29
U.S.C. §§
201 et seq.
Establishments or individuals so covered by the FLSA are subject to all the
rules this chapter relating to child labor, including the issuance,
maintenance, and revocation of employment certificates.
(d) An employment certificate is valid only
for the employer specified on the certificate. A new certificate must be
obtained for each new employer. A certificate remains valid for a child who
terminates employment but then resumes work at the same place of
employment.
(e) The provisions of
rules 010.14-302 through 010.14-305 do not apply to children employed or
permitted to work as newspaper carriers pursuant to Rule 010.14-301(a)(2) or as
"batboys" or "batgirls" pursuant to Rule 010.14-301(a)(3).
010.14-303
Application for Employment
Certificate
(a) Application for an
employment certificate shall be made on a form provided and approved by the
division.
(b) The applicant for an
employment certificate must provide proof of age by means of one of the
following:
(1) A birth certificate;
(2) Record of Baptism or
Confirmation;
(3) Bible
record;
(4) Passport or Certificate
of Arrival in the United States;
(5) Insurance policy at least one (1) year
old;
(6) School records;
or
(7) Any state driver's license
or learner's permit.
(c)
The application for an employment certificate will require submission of the
following information:
(1) Child's name,
address, telephone number, sex, age and birthdate;
(2) Employer's name, address and telephone
number;
(3) A signed statement from
the employer verifying the intention to employ, describing the work to be
performed, and listing the daily and weekly hours of employment; and
(4) The signature of a parent or guardian
consenting to the issuance of the employment certificate.
010.14-304
Review, Issuance
and Maintenance of Certificates
(a) The
Labor Standards Section shall review each application for an employment
certificate and shall refuse to issue a certificate for cause.
(1) No certificate shall be issued where the
proposed employment does not comply with all statutory requirements and
prohibitions, and all rules promulgated thereunder.
(2) No certificate shall be issued to a youth
or an establishment required to comply with or subject to regulation of child
labor under the FLSA if the proposed employment will be in violation of the
FLSA and all rules promulgated thereunder.
(b) The Labor Standards Section shall issue
each employment certificate in duplicate. One copy shall be maintained by the
section for a period of three (3) years. One copy shall be mailed or delivered
to the employer.
(c) No employer
shall employ a child until the employer has received his copy of the employment
certificate. The employer shall maintain the certificate on record where it is
readily accessible to the Division of Labor, the Arkansas Department of
Education, and local school officials. The employer shall maintain the
certificate on record so long as the child is employed thereunder and for a
period of three (3) years after the employment terminates.
(d) If the Labor Standards Section refuses to
issue or denies an employment certificate, it shall notify the child and
employer of the reason(s) for such a refusal in writing. The employer or child
may request an administrative hearing on such refusal or denial within fifteen
(15) days of receipt of such notice. Procedures for such administrative reviews
shall conform to those for hearings in contested cases involving civil money
penalties pursuant to Rule 010.14-324.
010.14-305
Revocation
(a) The Labor Standards Section may revoke an
employment certificate for cause. The section shall notify the child and the
employer that the certificate is being revoked and shall specify the reasons
for the revocation.
(b) If a
certificate is revoked, the employer shall cease to employ the child and return
the certificate to the division.
(c) The employer or child may obtain an
administrative review of the revocation by making a written request for a
hearing in the same manner as provided in Rule 010.14-304(d) herein. Even if a
request for a hearing is filed, the certificate must be returned and the
employment must cease pursuant to paragraph (b) of this Rule.
HAZARDOUS OCCUPATIONS
010.14-306
Occupations
(a) Ark. Code Ann. §§
11-6-105
and
11-6-107
provide that children under sixteen (16) years shall not be employed and shall
not be permitted to work in certain enumerated occupations found by the General
Assembly to be hazardous, specifically:
(1)
Adjusting any belt to any machinery;
(2) Sewing or lacing machine belts in any
workshop or factory;
(3) Oiling,
wiping, or cleaning machinery or assisting therein;
(4) Operating or assisting in operating any
of the following machines:
(A) Circular or
band saws;
(B) Wood
shapers;
(C) Wood
jointers;
(D) Planers;
(E) Sandpaper of wood polishing
machinery;
(F) Wood turning or
boring machinery;
(G) Picker
machines or machines used in picking wool;
(H) Carding machines;
(I) Job or cylinder printing presses operated
by power other than foot power;
(J)
Boring or drill presses;
(K)
Stamping machines used in metal or in paper or leather manufacturing;
(L) Metal or paper cutting
machines;
(M) Corner staying
machines in paper box factories;
(N) Steam boilers;
(O) Dough brakes or cracker machinery of any
description;
(P) Wire or iron
straightening or drawing machinery;
(Q) Rolling mill machinery;
(R) Washing, grinding, or mixing machinery;
(S) Laundering machinery;
(5) In proximity to any hazardous or
unguarded belt, machinery, or gearing;
(6) Upon any railroad, whether steam,
electric, or hydraulic; or,
(7) In
any saloon, resort, or bar where intoxicating liquor of any kind is sold or
dispensed.
(b) The
following occupations are determined by the director to be sufficiently
dangerous to the life or limb or injurious to the health or morals of children
under sixteen (16) years to justify their exclusion therefrom:
(1) Manufacturing, mining, or processing
occupations, including occupations requiring the performance of any duties in
work rooms or work places where goods are manufactured, mined, or otherwise
processed;
(2) Occupations which
involve the operation or tending of hoisting apparatus or of any power-driven
machinery other than office machines;
(3) The operation of motor vehicles or
service as helpers on such vehicles;
(4) Public messenger service;
(5) Occupations in connection with:
(A) Transportation of persons or property by
rail, highway, air, water, pipeline, or other means:
(B) Warehousing and storage;
(C) Communications and public
utilities;
(D) Construction
(including demolition and repair); except such office (including ticket office)
work, or sales work in connection with paragraphs (5)(A),(B),(C), and (D) of
this Rule 010.14-306(b), as does not involve the performance of any duties on
trains, motor vehicles, aircraft, vessels, or other media of transportation or
at the actual site of construction operations;
(6) Occupations in or about plants or
establishments manufacturing or storing explosives or articles containing
explosive components except where such work is performed in a "nonexplosive
area" as defined in Rule 010.14-306(b)(6)(C).
(A) The term "plant or establishment
manufacturing or storing explosives or articles containing explosive component"
means the land with all the buildings and other structures thereon used in
connection with the manufacturing or processing or storing of explosives or
articles containing explosive components.
(B) The terms "explosives" and "articles
containing explosive components" means and include ammunition, black powder,
blasting caps, fireworks, high explosives, primers, smokeless powder, and all
goods classified and defined as explosives by the federal Department of
Transportation regulations 49 C.F.R. Parts
171 to
180 as they exist on the
effective date of this Rule.
(C)
The term "nonexplosive area" shall mean an area which meets all the following
criteria:
(i) None of the work performed in
the area involves the handling or use of explosives;
(ii) The area is separated from the
explosives area by a distance not less than that prescribed in the American
Table of Distances for the protection of inhabited buildings;
(iii) The area is separated from the
explosives area by a fence or is otherwise located so that it constitutes a
definite designated area; and
(iv)
Satisfactory controls have been established to prevent employees under 16 years
of age within the area from entering any area in or about the plant which does
not meet criteria of 010.14-306(b)(6)(C)(i) through (iv);
(7) Occupations in logging and in
the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill;
and
(8) Occupations in or about
slaughtering and meat packing establishments, or rendering plants and
(9) Occupations in proximity to pin-setting
machinery or gearing in bowling alleys.
010.14-307
Occupations in Retail, Food
Service, and Gasoline Service Establishments.
(a) The following occupations are permissible
for the employment of children age 14 and 15 years, provided there is
compliance with employment certificate requirements (Rule 010.14-302 through
010.14-305), and hour restrictions (Rule 010.14-317).
(1) Office and clerical work, including the
operation of office machines;
(2)
Cashiering, selling, modeling, art work, work in advertising departments,
window trimming, and comparative shopping;
(3) Price marking and tagging by hand or by
machine, assembling orders, packing and shelving;
(4) Bagging and carrying out customers'
orders;
(5) Errand and delivery
work by foot, bicycle, and public transportation;
(6) Clean up work, including the use of
vacuum cleaners and floor waxers, and maintenance of grounds, but not including
the use of power-driven mowers, or cutters;
(7) Kitchen work and other work involved in
preparing and serving food and beverages, including the operation of machines
and devices used in the performance of such work, such as but not limited to
dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, and
coffee grinders (See Rule 010.14-307(b)(5) for the prohibition
on cooking and baking);
(8) Work in
connection with cars and trucks if confined to the following: Dispensing
gasoline and oil; courtesy service; car cleaning, washing and polishing; and
other occupations permitted by this Rule 010.14-307(a), but not including work
involving the use of pits, racks, or lifting apparatus, or involving the
inflation of any tire mounted on a rim equipped with a removable retaining
ring.
(9) Cleaning vegetables and
fruits, and wrapping, sealing, labeling, weighing, pricing and stocking goods
when performed in areas physically separate from those where the work described
in paragraph (b)(7) of this Rule is performed;
(b) Paragraph (a) of this Rule shall not be
construed to permit the application of this Rule to any of the following
occupations in retail, food service, and gasoline service establishments:
(1) All occupations listed in Rule 010.14-306
except occupations involving processing, operation of machines and work in
rooms where processing the manufacturing take place which are permitted by
paragraph (a) of this Rule;
(2)
Work performed in or about boiler or engine rooms;
(3) Work in connection with maintenance or
repair of the establishment, machines or equipment;
(4) Outside window washing that involves
working from window sills, and all work requiring the use of ladders,
scaffolds, or their substitutes;
(5) Cooking (except at soda fountains, lunch
counters, snack bars, or cafeteria service counters) and baking;
(6) Occupations which involve operating,
setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers
and grinders, food choppers, and cutters, and bakery-type mixers;
(7) Work in freezers and meat coolers and all
work in the preparation of meats for sale except as described in paragraph
(a)(9) of this Rule;
(8) Loading
and unloading goods to and from trucks, railroad cars, or conveyors;
(9) All occupations in warehouses except
office and clerical work.
(c) This Rule 010.14-307, shall not prohibit
the employment of a child below the age of sixteen (16) by his parent or
guardian in an occupation owned or controlled by such parent or
guardian.
010.14-308
Occupations in Agriculture
(a)
The following occupations in agriculture are particularly hazardous for the
employment of children below the age of 16:
(1) Operating a tractor of over 20 PTO
horsepower, or connecting or disconnecting an implement or any of its parts to
or from such a tractor.
(2)
Operating or assisting to operate (including starting, stopping, adjusting,
feeding, or any other activity involving physical contact associated with the
operation) any of the following machines:
(i)
Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay
baler, potato digger, or mobile pea viner;
(ii) Feed grinder, crop dryer, forage blower,
auger conveyor, or the unloading mechanism of a nongravity-type self-unloading
wagon or trailer; or
(iii) Power
post-hole digger, power post driver, or nonwalking type rotary
tiller.
(3) Operating or
assisting to operate (including starting, stopping, adjusting, feeding, or any
other activity involving physical contact associated with the operation) any of
the following machines:
(i) Trencher or
earthmoving equipment;
(ii) Fork
lift;
(iii) Potato combine;
or
(iv) Power-driven circular,
band, or chain saw.
(4)
Working on a farm in a yard, pen, or stall occupied by a:
(i) Bull, boar, or stud horse maintained for
breeding purposes; or
(ii) Sow with
suckling pigs, or cow with newborn calf (with umbilical cord
present).
(5) Felling,
bucking, skidding, loading, or unloading timber with butt diameter of more than
6 inches.
(6) Working from a ladder
or scaffold (painting, repairing, or building structures, pruning trees,
picking fruit, etc.) at a height of over 20 feet.
(7) Driving a bus, truck, or automobile when
transporting passengers, or riding on a tractor as a passenger or
helper.
(8) Working inside:
(i) A fruit, forage, or grain storage
designed to retain an oxygen deficient or toxic atmosphere;
(ii) An upright silo within two weeks after
silage has been added or when a top unloading device is in operating
position;
(iii) A manure pit;
or
(iv) A horizontal silo while
operating a tractor for packing purposes.
(9) Handling or applying (including cleaning
or decontaminating equipment, disposal or return of empty containers, or
serving as a flagman for aircraft applying) agricultural chemicals classified
by the federal Environmental Protection Agency as Category I of toxicity,
identified by the word "poison" and the "skull and crossbones" on the label; or
Category II of toxicity, identified by the word "warning" on the label
(
See 40 C.F.R.
156 );
(10) Handling or using a blasting agent,
including but not limited to dynamite, black powder, sensitized ammonium
nitrate, blasting caps, and primer cord; or
(11) Transporting, transferring, or applying
anhydrous ammonia.
(b)
Exemptions.
(1) This Rule 010.14-308 shall not
apply to the employment of a child below the age of sixteen (16) by his parent
or guardian on a farm owned or controlled by such parent or guardian;
(2) Student-learners. The prohibitions in
010.14-308(a) shall not apply to the employment of any child as vocational
agriculture student-learner in any of the occupations described in paragraph
(1), (2), (3), (4), (5), or (6) of 010.14-308(a) when each of the following
requirements are met:
(A) The student-learner
is enrolled in a vocational education training program in agriculture under a
recognized State or local educational authority, or in a substantially similar
program conducted by a private school:
(B) Such student-learner is employed under a
written agreement which provides:
(i) that
the work of the student-learner is incidental to his training;
(ii) that such work shall be intermittent,
for short periods of time, and under the direct and close supervision of a
qualified and experienced person;
(iii) that safety instruction shall be given
by the school and correlated by the employer with on-the-job training;
and
(iv) that a schedule of
organized and progressive work processes to be performed on the job have been
prepared;
(C) Such
written agreement contains the name of the student-learner, and is signed by
the employer and by a person authorized to represent the educational authority
or school; and
(D) Copies of each
such agreement are kept on file by both the educational authority or school and
by the employer.
(3)
Federal Extension Service. The prohibitions in Rule 010.14-308(a) shall not
apply to the employment of a child under 16 years of age in those occupations
in which he/she has successfully completed one or more training programs
described in 010.14-308(b)(3)(A), (B), or (C) provided he/she has been
instructed by his/her employer on safe and proper operation of the specific
equipment he/she is to use; is continuously and closely supervised by the
employer where feasible; or, where not feasible, in work such as cultivating,
his/her safety is checked by the employer at least at midmorning, noon, and mid
afternoon.
(A) 4-H tractor operation program.
The child is qualified to be employed in an occupation described in
010.14-308(a)(1) provided:
(i) He/she is a 4-H
member;
(ii) He/she is 14 years of
age, or older;
(iii) He/she is
familiar with the normal working hazards in agriculture;
(iv) He/she has completed a 10-hour training
program which includes the following units from the manuals of the 4-H tractor
program conducted by, or in accordance with the requirements of the Cooperative
Extension Service of a land grant university:
(a) First Year Manual:
Unit 1 - Learning How to be Safe;
Unit 4 - The Instrument Panel;
Unit 5 - Controls for Your Tractor;
Unit 6 - Daily Maintenance and Safety Check; and
Unit 7 - Starting and Stopping Your Tractor;
(b) Second Year Manual:
Unit 1 - Tractor Safety on the Farm:
(c) Third Year Manual:
Unit 1 - Tractor Safety on the Highway;
Unit 3 - Hitches, Power Take-off, and Hydraulic
Controls;
(v)
He/she has passed a written examination on tractor safety and has demonstrated
his/her ability to operate a tractor safely with a two-wheeled trailed
implement on a course similar to one of the 4-H Tractor Operator's Contest
Courses; and
(vi) His/her employer
has on file with the child's records kept pursuant to Rule 010.14-319
(basically, name, address, and date of birth) a copy of certificate acceptable
by the Labor Standards Section, signed by the leader who conducted the training
program and by an Extension Agent of the Cooperative Extension Service of a
land grant university to the effect that the child has completed all the
requirements specified in 010.14-308(b)(3)(A)(i) through (v).
(B) 4-H machine operation program.
The child is qualified to be employed in an occupation described in
010.14-308(a)(2) providing:
(i) He/she
completed the Tractor Operation Program specified in paragraphs (b)(3)(A)(i)
through (v) of this Rule;
(ii)
He/she has completed an additional 10-hour training program on farm machinery
safety, including 4-H Fourth Year Manual, Unit 1, Safe Use of Farm
Machinery;
(iii) He/she has passed
a written and practical examination on safe machinery operation; and
(iv) His/her employer has on file with the
child's records kept pursuant to Rule 010.14-319 (basically, name, address, and
date of birth) a copy of a certificate acceptable by the Labor Standards
Section, signed by the leader who conducted the training program and by an
Extension Agent of the Cooperative Extension Service of a land grant
university, to the effect that the child has completed all of the requirements
specified in 010.14-308(b)(3)(B)(i) through (iii).
(C) Tractor and machine operation program.
The child is qualified to be employed in an occupation described in Rule
010.14-308(a)(1) and (2) providing:
(i) He/she
is 14 years of age, or older;
(ii)
He/she has completed a 4-hour orientation course familiarizing him/her with the
normal working hazards in agriculture;
(iii) He/she has completed a 20-hour training
program on safe operation of tractors and farm machinery, which covers all
material specified in Rule 010.14-308(b)(3)(A)(iv) and (B)(ii).
(iv) He/she has passed a written examination
on tractor and farm machinery safety, and has demonstrated his/her ability to
operate a tractor with a two-wheeled trailed implement on a course similar to a
4-H Tractor Operator's Contest course, and to operate farm machinery
safely.
(v) His/her employer has on
file with the child's records kept pursuant to Rule 010.14-319 (basically,
name, address and date of birth) a copy of a certificate acceptable by the
Labor Standards Section, signed by the volunteer leader who conducted the
training program and by an Extension Agent of the Cooperative Extension Service
of a land grant university, to the effect that all of the requirements of Rule
010.14-308(b)(3)(B)(i) through (iv) have been met.
(4) Vocational agriculture
training. The findings and declarations of fact in Rule 010.14-308(a) shall not
apply to the employment of a vocational agriculture student under 16 years of
age in those occupations in which he/she has successfully completed one or more
training programs described in Rule 010.14-308(b)(4)(A) or (B) and who has been
instructed by his/her employer in the safe and proper operation of the specific
equipment he/she is to use, who is continuously and closely supervised by this
employer where feasible or, where not feasible, in work such as cultivating,
whose safety is checked by the employer at least at midmorning, noon, and
midafternoon, and who also satisfies whichever of the following program
requirements are pertinent:
(A) Tractor
operation program. The student is qualified to be employed in an occupation
described in Rule 010.14-308(a)(1) provided:
(i) He/she is 14 years of age, or
older;
(ii) He/she is familiar with
the normal working hazards in agriculture;
(iii) He/she has completed a 15-hour training
program which includes the required units specified in the Vocational
Agriculture Training Program in Safe Tractor Operation, outlined by the Office
of Education, U.S. Department of Health, Education, and Welfare and acceptable
by the U.S. Department of Labor. The training program is outlined in Special
Paper No. 8, April 1969, prepared at Michigan State University, East Lansing,
Mich., for the Office of Education. Copies of this training program outline may
be obtained from the Office of Education, U.S. Department of Health, Education,
and Welfare, Washington, D.C. 20202.
(iv) He/she has passed both a written test
and a practical test on tractor safety including a demonstration of his/her
ability to operate safely a tractor with a two wheeled trailed implement on a
test course similar to that described in the Vocational Agriculture Training
Program in Safe Tractor Operation, outlined by the Office of Education, U.S.
Department of Health, Education, and Welfare; and
(v) His/her employer has on file with the
child's records kept pursuant to Rule 010.14-319 (basically, name, address, and
date of birth) a copy of a certificate acceptable by the Labor Standards
Section, signed by the Vocational Agriculture teacher who conducted the program
to the effect that the student has completed all the requirements specified in
Rule 010.14-308(b)(4)(A)(i) through (iv).
(B) Machinery operation program. The student
is qualified to be employed in an occupation described in Rule 010.14-308(a)(2)
provided he/she has completed the Tractor Operation Program described in Rule
010.14-308(b)(4)(A) and:
(i) He/she has
completed an additional 10-hour training program which includes the required
units specified in the Vocational Agriculture Training Program in Safe Farm
Machinery Operation, outlined by the Office of Education, U.S. Department of
Health, Education, and Welfare and approved by the U.S. Department of
Labor;
(ii) He/she has passed both
a written test and a practical test on safe machinery operation similar to that
described in the Vocational Agriculture Training Program in Safe Farm Machinery
Operation, outlined by the Office of Education, U.S. Department of Health,
Education and Welfare; and
(iii)
His/her employer has on file with the child's records kept pursuant to Rule
010.14-319 (basically, name, address and date of birth) a copy of a certificate
acceptable by the Labor Standards Section, signed by the Vocational Agriculture
teacher who conducted the program to the effect that the student has completed
all the requirements specified in Rule 010.14-308(b)(4)(B)(i) and
(ii).
010.14-309
Work Experience and Career
Exploration Programs
(a) This Rule
creates an exception to the application of some provisions of this Hazardous
Occupations section (010.14-306 - 010.14-310) to the employment of children
under sixteen (16) years of age who are enrolled in and employed pursuant to a
school-supervised and school-administered work-experience and career
exploration program which meets the requirements of paragraph (b) of this Rule
in the occupations permitted under paragraph (c) of this Rule and for the
periods and under the conditions specified in paragraph (d) of this Rule. With
these safeguards, such employment is found not to interfere with the schooling
of the child or with their health and well-being and therefore is not deemed to
be hazardous.
(b) A
school-supervised and school-administered work-experience and career
exploration program shall meet the standards of and be approved by the Arkansas
Department of Education and the U.S. Department of Labor as provided in 29
C.F.R. §
570.35a.
(c)
Employment of children enrolled in a program approved pursuant to the
requirements of this Rule shall be permitted only in the following occupations:
(1) occupations in retail, food service, and
gasoline service establishments covered by Rule 010.14-307; and
(2) occupations in agriculture covered by
Rule 010.14-308.
010.14-310
Administrative
Responsibility
(a) The director shall
be assisted by the Labor Standards Section in making studies and investigation
to discover the occupations which are sufficiently dangerous to the life and
limb or injurious to the health or morals of children under sixteen (16) years
to justify their exclusion therefrom. All interested persons and organizations
are invited to cooperate with the director and the section by making
suggestions and requests and providing pertinent information to the section
concerning employment hazards to children. Submissions should be mailed to the
Labor Standards Section, Division of Labor, 900 West Capitol, Suite 400, Little
Rock, Arkansas 72201. In addition, the manager of the Labor Standards Section
shall have authority to obtain information by holding conferences to which he
may invite various persons who have had experience or expert knowledge
concerning occupational hazards to children.
(b) The manager of the Labor Standards
Section shall from time to time prepare and submit to the Director of Labor
reports of investigations with respect to any occupations or group of
occupations which he/she has reason to believe should be added to, or deleted
from, the list of those found and declared to be particularly hazardous for the
employment of children under 16 years of age or detrimental to their health or
well-being. Each such report shall contain an explanation of the hazards
involved and the reasons why children below the age of 16 are, or are not,
particularly susceptible to them. Copies of such reports shall be made
available to the public at the offices of Labor Standards Division.
(c) The director, on recommendation of the
section or on his own motion shall initiate proceedings to make, amend, or
revoke a determination regarding a hazardous occupation in these rules. Notice
of such proceedings as well as any rule-making shall comply with the
Administrative Procedure Act, Ark. Code Ann. §§
25-15-201
et seq.
(d) Any
person may at any time file with the section a written application, petition or
other requests in connection with any proceeding to make, amend, or revoke a
hazardous occupation determination. In the event his petition is denied, he
will be advised promptly with a simple statement of reasons.
(e) Any person adversely affected or
aggrieved by the procedure provided in Rule 010.14-310 may file a petition for
a change with the Labor Standards Section, Division of Labor, 900 West Capitol,
Suite 400, Little Rock, AR 72201, expressing the change desired with supporting
reasons.
THE ENTERTAINMENT INDUSTRY
010.14-311
Definitions
As used in this section:
(1) "Child" means any minor under sixteen
(16) years of age;
(2) "Department"
means the Arkansas Department of Labor and Licensing;
(3) "Director" means the Director of the
Division of Labor, Department of Labor and Licensing;
(4) "Employ" means to use the services of an
individual in any remunerative occupation;
(5) "Employer" means any individual, company,
firm, partnership, association, or corporation employing or seeking to employ a
child in the entertainment industry;
(6) "Entertainment Industry" means any
individual, partnership, corporation, association, or group of persons using
the services of a child in motion picture productions, television or radio
productions, theatrical productions, modeling productions, horse shows, rodeos,
and musical performances;
(7)
"Guardian" means an individual who legally has the care and management of the
person and the estate of a child during its minority;
(8) "Nurse" means any licensed RN or
LPN;
(9) "Special effects person"
means an individual qualified by training and experience in the planning,
setting up and performance of the type of special effect involved;
and
(10) "Stunt coordinator" means
an individual qualified by training and experience in the planning, setting up
and performance of and type of stunt involved.
010.14-312
Entertainment Work
Permit
(a)
(1) No child may be employed in the
entertainment industry without an Entertainment Work Permit issued by the
director.
(2) No Entertainment Work
Permit will be issued without the following:
(A) an application for an Entertainment Work
Permit on a form provided by the director;
(B) one of the following as proof of age;
(i) birth certificate.
(ii) record of baptism or
confirmation.
(iii) passport or
certificate of arrival in the U.S.
(iv) insurance policy at least one (1) year
old.
(v) a bona fide contemporary
record of birth in the family bible.
(vi) certified school record;
(C) the written consent of the
child's parent or guardian for the issuance of the Entertainment Work
Permit:
(D) a written statement
from the school in which the child is enrolled as to the academic standing of
the child, the advisability of allowing the child to work, and the arrangements
for meeting the state's compulsory attendance law, unless:
(i) the child is not enrolled in school
(children ages 7 through 16 inclusive must be enrolled in school), or
(ii) the child will not be employed during a
time school is in session; (Parents of home-schooled children may provide his
information upon verification that the child is enrolled in home
school);
(E) a written
statement from the employer as to:
(i) the
length of time, including dates and hours, the child will be employed;
(ii) the child's rate of
pay;
(F) a written
statement from a doctor licensed to practice medicine in the State of Arkansas
as to the health of any child under six (6) years of age and the advisability
of allowing the child to work. If the child is not a resident of Arkansas, a
written statement from a doctor licensed to practice medicine in the state of
the child's residence may be submitted;
(G) proof of workers compensation coverage or
insurance coverage as required by Rule 010.14-314.
(b) The director may refuse to
issue an Entertainment Work Permit or may suspend or revoke any Entertainment
Work Permit for cause, which includes, but is not limited to finding that any
of the following conditions exist:
(1) that
the child, the child's parent or guardian, or the employer has knowingly
submitted false information to the division in application of an Entertainment
Work Permit;
(2) that the child,
the child's parent or guardian, or the employer has violated any provisions of
Ark. Code Ann. §§
11-12-101
et seq. or any rules lawfully promulgated
thereunder;
(3) that the work for
which an application of an Entertainment Work Permit is sought is hazardous or
detrimental to the health, safety, morals, education or welfare of the
child;
(4) that the child is
lawfully removed from the custody of the parent or guardian who consented to
the issuance of the Entertainment Work Permit.
(c) No child under the age of fifteen (15)
days shall be issued an Entertainment Work Permit.
(d) An Entertainment Work Permit shall be
issued for the period designated on the face of the permit, not to exceed six
(6) months. Application renewal must be made in the same manner and under the
same conditions as the original permit.
(e) Prior to the issuance of the
Entertainment Work Permit, the director may require a physical examination of
the child to ensure that the child's physical condition permits the minor to
perform the work or activity called for by the application for an Entertainment
Work Permit without danger to the child's health, safety or welfare. The
director may require a personal interview with the child, the parent or
guardian, or the employer for the same purpose.
010.14-313
Hours and Rest Time
(a) No child shall be permitted at the place
of employment, except in compliance with the following:
(1) Children who have reached the age of
fifteen (15) days, but have not reached the age of six (6) months, may be at
the place of employment for a maximum of two (2) hours between the hours of
9:00 A.M. and 4:30 P.M. The day's work shall not exceed twenty (20) minutes,
and under no circumstances shall the child be exposed to bright lights for more
than thirty (30) seconds at any one time. When children under six (6) weeks of
age are used, a nurse must be provided for each three children or fraction
thereof. When children from age six (6) weeks to age six (6) months are used,
one nurse must be provided for each ten (10) children or fraction
thereof.
(2) Children who have
reached the age of six (6) months, but have not reached the age of two (2)
years may be at the place of employment for a maximum of four (4) hours per
workday, with two (2) hours for work and two (2) hours for rest and
recreation.
(3) Children who have
reached the age of two (2) years, but have not reached the age of six (6) years
may be at the place of employment for a maximum of six (6) hours per workday,
with three (3) hours for work and three (3) hours for rest and
recreation.
(4) Children who have
reached the age of six (6) years, but have not reached the age of nine (9)
years may be at the place of employment a maximum of eight (8) hours per
workday. Such eight (8) hour period shall consist of not more than four (4)
hours of work, with four (4) hours for school, rest and recreation.
(5) Children who have reached the age of nine
(9) years, but have not reached the age of sixteen (16) years may be at the
place of employment a maximum of nine (9) hours per workday. Such nine (9) hour
period shall consist of not more than five (5) hours of work, with four (4)
hours for school, rest and recreation.
(6) On days when school is not in session,
school age children may work an additional two (2) hours per day.
(7) On all days, school age children must
have at least one (1) hour of rest and recreation.
(8) In cases involving a studio teacher, by
prior arrangement with the teacher, up to two (2) hours of school may be banked
(stored) to offset additional work hours on other days. There must be at least
one (1) hour of school on each day the child's regular school is in
session.
(b) No child
shall be required to report for work before 5:00 A.M. No child shall be at the
place of employment later than 10:00 P.M. The 10:00 P.M. restriction may be
extended to 12:30 A.M. on nights preceding non-school days. Special requests
for a child to work other hours may be granted by the director for night
exteriors shot as exteriors and live television, musical or theatrical
performances or for other reasons. Each such request must be submitted in
writing at least two (2) working days prior to the time needed.
(c) With the exception of children under six
(6) months of age, all of the hours in which a child may be at the place of
employment are exclusive of meal periods, which must be of at least one-half
(1/2) hour, and no more than one (1) hour duration. In no event may a child be
at the place of employment for a period longer than six (6) hours without a
meal break.
(d) A child shall
receive a twelve (12) hour rest break at the end of his or her workday and
prior to the commencement of his or her next day of work for the same
employment. Special requests for a child to receive a ten (10) hour rest break
may be granted by the director for onetime performances, provided such requests
are submitted in writing at least two (2) working days prior to the time
needed.
(e) The time spent by
children in rehearsals and in learning or practicing any of the arts, such as
singing or dancing, for or under the direction of a motion picture studio,
theater, or television studio, shall be counted as work time when such learning
or practicing is connected with or is in contemplation of particular pictures
or shows.
(f) School age children
may not be employed in violation of any state or local school attendance
requirements applicable to the child.
010.14-314
Insurance
(a) An Entertainment Work Permit will not be
issued unless provision is made by the employer to provide workers compensation
coverage or insurance for injury or death caused by an accident when the
accident hazard arises while the child is on the business of the employer or
performing activities required by the employer. If insurance apart from workers
compensation is provided, the schedule of benefits will be as follows:
(1) At least fifty thousand dollars ($50,000)
for accidental death, and this sum shall be reasonably and equitably prorated
for dismemberment: and
(2) Blanket
medical coverage for all hospital and medical expenses up to twenty-five
thousand dollars ($25,000) and this hospital and medical expense protection
shall be excess insurance coverage or indemnity over and above any other
collectable insurance.
010.14-315
Safety and
Supervision
(a) The parent or guardian
of a child must be present at all times the child is at the place of
employment, and will accompany the child to wardrobe, makeup, hairdressing and
dressing room facilities. The parent or guardian may designate an individual,
other than an agent of the employer, to accompany the child during times the
child is at the place of employment, provided the designation is made in
writing, signed by the parent or guardian, and presented to the employer prior
to the child's scheduled work. A copy of the written designation must be
immediately mailed by the employer to the Division of Labor.
(b) The employer must designate one
individual on each set, stage, or other place of employment to coordinate all
matters relating to the welfare of children, and shall notify the parent or
guardian of each child of the name of such individual.
(c) A child must be provided a suitable place
to rest or play. Under no circumstances will a car, van or truck constitute a
suitable place to rest or play. However, this prohibition does not include
recreational vehicles and mobile homes or trailers fully equipped for the
comfort and safety of the child.
(d) No child shall be required to work in a
situation which places the child in clear and present danger to life or limb.
If a child believes he or she to be in such a dangerous situation after having
discussed the matter with his or her parent or guardian and the employer or
stunt coordinator, then the child shall not be required to perform in such
situation, regardless of the validity or reasonableness of his or her
belief.
(e) No child shall be
required to work with an animal which a reasonable person would regard as
dangerous in the circumstances, unless an animal trainer or handler qualified
by training and experience is present.
(f) Where scripted or unscripted stunts or
other potentially hazardous activity involve a child, a stunt coordinator shall
be engaged and present. No child shall be required to perform a stunt without
prior consultation between the child, the child's parent or guardian, and the
stunt coordinator.
(g) The prior
written consent of the child's parent or guardian must be obtained for the
performance of any unusual physical, athletic or acrobatic activity, stunts,
work involving special effects, or other potentially hazardous
activity.
(h) When any unusual
physical, athletic or acrobatic activity, stunts, special effects, or other
potentially hazardous activity involving a child is contemplated, the employer
shall have available a person qualified to administer medical assistance on an
emergency basis and transportation to the nearest medical facility providing
emergency services. First-aid kits shall always be available at a child's place
of employment.
(i) No child shall
work in close proximity to explosives or the functioning parts of unguarded and
dangerous moving equipment, aircraft or vessels, or of functioning blades or
propellers.
010.14-316
Schooling
An Entertainment Work Permit does not authorize a child to be
absent from school in violation of the requirements of state law or
administrative rules or policies of the State Board of Education, the Arkansas
Department of Education, or the local School Board.
HOURS OF EMPLOYMENT
010.14-317
Children Under Sixteen
(16)
No child under the age of sixteen (16) years shall be employed,
permitted, or suffered to work:
(1)
more than six (6) days in any week;
(2) more than forty-eight (48) hours in any
week;
(3) more than eight (8) hours
in any day; or
(4) before 6:00 a.m.
or after 7:00 p.m., except that on nights preceding nonschool days children
under sixteen (16) years may be employed until 9:00 p.m.
010.14-318
Children Under Seventeen
(17)
(a) No child under the age of
Seventeen (17) shall be employed, permitted or suffered to work:
(1) more than six (6) days in any
week;
(2) more than fifty-four (54)
hours in any week;
(3) more than
ten (10) consecutive hours in any day;
(4) more than ten (10) hours in a twenty-four
hour period; or
(5) before 6:00
a.m. or after 11:00 p.m., except that children ages sixteen (16) years may be
employed until 12:00 midnight on nights preceding non-school days.
(b) Children ages sixteen (16)
years of age may be employed between the hours of 12:00 midnight and 6:00 a.m.
on nights preceding non-school days, except in the occupations or circumstances
listed below and provided the work is not otherwise prohibited by state or
federal law:
(1) in any convenience or retail
store of less than 4500 square feet;
(2) in any restaurant, except that a sixteen
(16) year old may work in a locked restaurant or fast-food restaurant if only
the drive-through window is open to the general public;
(3) in any business where a child would be
working without direct supervision by an adult 21years of age or
older;
(4) in any business which
serves alcohol;
(5) in any business
which provides adult entertainment, including nude or topless
entertainment;
(6) at any truck
stop or service station;
(7) at any
race track or gambling establishment;
(8) as a security guard;
(9) as a delivery person; or
(10) in violation of any local curfew
ordinance.
(c) For the
purpose of determining compliance and assessing penalties, the division shall
enforce the prohibition against more than ten (10) hours of work in a 24-hour
period provided by Ark. Code Ann. §
11-6-110(4)
and this Rule 010.14-318(a)(4), in the following manner:
(1) If a child sixteen (16) years old has a
rest break between shifts or period of work of at least ten (10) hours, the
division will determine compliance by the hours worked between midnight of one
calendar day and midnight of the following calendar day.
(2) If a child sixteen (16) years old does
not have a rest break between shifts or periods of work of at least ten (10)
hours, the division will determine compliance by the hours worked in any
24-hour period.
RECORDKEEPING
010.14-319
Records To Be
Maintained
(a) Every employer of a
child under seventeen (17) years of age, whether partially or fully exempted
from the Minimum Wage Act, Ark. Code Ann. §§ 11-4-201 through -219,
shall maintain complete and accurate records which must contain the following
for each employee under age seventeen (17).
(1) name in full;
(2) home address, including ZIP code and
telephone number;
(3) date of
birth;
(4) occupation;
(5) rate of pay;
(6) any employment certificate or
entertainment work permit issued pursuant to Rules 010.14 -302 - 010.14 -305 or
010.14 -312 herein;
(7) hours
worked each workday, including starting time and ending time; and
(8) total hours worked each
workweek.
(b) The
records required by Rule 010.14 -319(a) are in addition to and not in lieu of
other records or writing required by the Minimum Wage Act, Ark. Code Ann.
§§
11-4-201 through
-219, and by other chapters of these rules including but not limited to gross
wages, wage deductions, cost of meals and lodging, tip credits, or
commissions.
010.14 -320
Record Accessibility
(a) All
records required by Rule 010.14 -319 shall be open for inspection or
transcription by the director or his authorized representative during normal
business hours at the place of employment.
(b) Any employment certificate or
entertainment work permit issued pursuant to Rules 010.14 -302 - 010.14 -305 or
010.14 -312 shall be maintained and accessible to any authorized representative
of the Arkansas Department of Education or any local school official, in
addition to the Division of Labor.
010.14 -321
Record Retention
(a) All records required by Rule 010.14 -319
must be retained by employers for a period of three (3) years.
(b) Any employment certificate or
entertainment work permit issued pursuant to Rules 010.14 -302 - 010.14 -305
and 010.14 -312 must be retained by employers for a period of three (3) years
following the termination of the child's employment.
CIVIL MONEY PENALTIES
010.14 -322
Civil Penalties
(a) Any person, firm, corporation,
partnership, association, parent, guardian, or custodian who employs or permits
or suffers any child to be employed or to work in violation of Ark. Code Ann.
§§
11-6-103
through -116 or
11-12-101
through -105, or any rules issued thereunder, shall be subject to a civil
penalty of not less than fifty dollars ($50.00) and not more than one thousand
dollars ($1,000) for each violation. Each day the violation continues shall
with respect to each child so employed or permitted work constitute a separate
offense.
(b) The amount of all
civil penalties will be determined in accordance with 010.14 -323 of these
rules.
(c) In civil penalty cases,
the Labor Standards Section shall notify the person, firm, corporation,
partnership, or association, charged with the violation(s) by certified mail of
the following:
(1) the nature of the
violation;
(2) the date(s) of the
violation;
(3) the name of the
child(ren);
(4) the amount of the
civil penalty;
(5) the civil
penalty determination shall be final, unless within fifteen (15) days after
receipt of this notice, the person, firm, corporation, partnership or
association charged with the violation(s) notifies the Director of the Division
of Labor in writing that he/she contests the penalty; and
(6) the procedure for contesting a civil
penalty as provided in 010.14 -324 of these rules.
(d) If the person, firm, corporation,
partnership or association charged with the violation has not filed notice that
he/she contests the civil penalty within fifteen (15) days after receiving
notice in accordance with 010.14 -322(c) of this Rule, the penalty assessment
by the Labor Standards Section becomes the final determination of the Director
of Labor.
(e) Notice of the civil
penalty may also be delivered in the same manner as summons in civil
cases.
010.14 -323
Civil Penalty Assessment
(a) If
upon inspection or investigation, the Labor Standards Section finds that a
person, firm, partnership or association has violated any of the provisions of
Ark. Code Ann. §§
11-6-103
through -116 or
11-12-101
through -105, or any rules issued thereunder, the Administrator of the Labor
Standards Section may assess a civil penalty for each violation.
(b) The maximum amount of a civil penalty
will be based on the nature and the gravity of the violation or violations.
Matters which are indications of the gravity of a violation and which justify
maximum civil penalty assessments are:
(1) the
likelihood of injury and the seriousness of the potential injuries to which the
child has been exposed;
(2)
multiplicity of violations by a business or employer;
(3) recurring violations;
(4) employment of any child in a hazardous or
detrimental occupation;
(5)
violations involving youths under fourteen (14) years of age;
(6) a substantial number of hours worked in
excess of the statutory limits;
(7)
falsification and/or concealment of information regarding the employment of
children in violation of state or federal law; and
(8) failure to assure future
compliance.
(c)
Reduction in the penalty amount may be made based on the size of the business.
The size of the business includes the number of employees and the gross volume
of sales.
(d) Assessment of a civil
penalty shall be made no later than two (2) years from the date of the
occurrence of the violation.
010.14
-324
Contesting a Civil Penalty
(a) An employer may contest the imposition of
a civil penalty by filing a written request for a hearing with the Director of
the Division of Labor, 900 West Capitol, Suite 400, Little Rock, Arkansas
72201. The written request must be made within fifteen (15) days after the
employer's receipt of notification of the civil penalty or the assessment will
become final.
(b) A written request
for a hearing shall be referred to a hearing officer designated by the
director.
(c) The employer shall be
provided at least twenty (20) days notice of the hearing. Such notice shall
include:
(1) a statement of the time, date,
place, and nature of the hearing;
(2) a statement of the legal authority and
jurisdiction under which the hearing is to be held;
(3) a short and plain statement of the
matters of fact and law asserted; and
(4) a statement that the employer may, upon
written request, obtain the issuance of a subpoena by the director for the
attendance and testimony of witnesses and the production of
documents.
(d) The
designated hearing officer shall, after consideration of the evidence, issue a
decision setting forth findings of fact and conclusions of law. Such decision
shall become the final determination of the director, unless judicial review is
sought within thirty (30) days pursuant to the Administrative Procedures Act,
Ark. Code Ann. §
25-15-212.
EFFECTIVE DATE AND HISTORY
010.14 -325
Effective Date and
History
(a) The Department originally
promulgated rules pertaining to Act 647 of 1987 (established standards for
employment of children in the entertainment industry) on June 3, 1987. The
Department promulgated comprehensive rules for other jurisdictional statutes
effective April 14, 1992.
(b) Rule
010.14 -306 (b)(9) pertaining to hazardous occupations was adopted effective
July 28, 1995.
(c) Rule 010.14 -318
pertaining to permissible hours for children under 18 was amended effective
December 1, 2005.
(d) Effective
January 1, 2019, Rule 010.14 -300; -318; and -319 were amended to remove
reference to 17 year olds pursuant to Act 162 of 2015. Rule 010.14 -313 was
amended regarding hours and rest time for children in the entertainment
industry. Additionally, the child labor rules were re-numbered and some
references updated.
(e) Effective
July 2, 2020, the rules were amended to reflect organizational name
changes.