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. "Occupation" means any
type of work performed or service rendered in connection with any type trade,
vocation, or other business, including agriculture.
9. "Remunerative occupation" means any
occupation in which compensation for services is made, anticipated, or required
by contract or by the FLSA or Ark. Code §
11-4-201
et
seq.
10. "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.
11.
"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)
Except as provided in this subdivision (b)(2), a child under the age of
fourteen (14) years may be employed or may enter into contract 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 or her presence is not required
at school.
(B)
(i) Rule 010.14-301(b)(2)(A) shall be
applicable only if 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.
(ii) The schedule of benefits under the
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 or
indemnity shall further provide blanket medical coverage for all hospital and
medical expenses up to five thousand dollars ($5,000) resulting from an
accident. The 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 a contract, 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 or her
presence is not required at school.
(B) The provisions of 010.14-301(b)(3)(A)
shall be applicable only if 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(b)(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 §
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. §
11-6-105 through 107 or determined
to be hazardous by the director under Rules 010.14-306 through
010.14-309.
(d) Except as provided
in subsection (c), a child under the age of sixteen (16) years may be employed
or permitted to work:
(1) Pursuant to an
entertainment work permit issued and maintained under Ark. Code §
11-12-104 and Rule
010.14-312;
(2) As a newspaper
carrier pursuant to Rule 010.14-301 (b)(2); and
(3) As a "batboy" or "batgirl" pursuant to
Rule 010.14-301(b)(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 [Repealed.]
010.14-302
General
[Repealed.]
010.14-303
Application for Employment Certificate [Repealed.]
010.14-304
Review, Issuance and
Maintenance of Certificates [Repealed.]
010.14-305
Revocation
[Repealed.]
HAZARDOUS OCCUPATIONS
010.14-306
Hazardous Occupations
Generally
(a) Arkansas Code
§§
11-6-105 through
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 including:
(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
according to the following definitions:
(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;
(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 fourteen (14) and fifteen (15) years of age,
provided there is compliance with the hour restrictions provided in 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) Except for cooking, baking, and food
preparation as provided by this Rule 010.14-307(b)(5) and (9), 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;
(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; and
(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;
and
(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 or her 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:
(A)
Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay
baler, potato digger, or mobile pea viner;
(B) Feed grinder, crop dryer, forage blower,
auger conveyor, or the unloading mechanism of a nongravity-type self-unloading
wagon or trailer; or
(C) 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:
(A) Trencher or
earthmoving equipment;
(B) Fork
lift;
(C) Potato combine;
or
(D) Power-driven circular, band,
or chain saw;
(4) Working
on a farm in a yard, pen, or stall occupied by a:
(A) Bull, boar, or stud horse maintained for
breeding purposes; or
(B) 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:
(A) A fruit, forage, or grain storage
designed to retain an oxygen deficient or toxic atmosphere;
(B) An upright silo within two weeks after
silage has been added or when a top unloading device is in operating
position;
(C) A manure pit;
or
(D) 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; and
(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 a 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) The student-learner is employed under a
written agreement which provides:
(i) That the
work of the student-learner is incidental to his or her training;
(ii) That the 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; and
(v) 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
(C) 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) or described in Section 33f04(b) of the U.S. Department of Labor Wage
and Hour Field Operations Handbook by the local county agricultural extension
agent as part of the 4-H Club program, provided the minor is identified by
showing a copy of his or her certificate of training and the employer retains a
copy of the certificate of training on file, and provided further 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 midafternoon.
(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) provided:
(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) provided:
(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;
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 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) or described in
Section 33f04(C) of the U.S. Department of Labor Wage and Hour Division Field
Operations Handbook provided by local vocational agriculture teachers on the
safe use of tractors and farm machinery provided the student is identified by
showing a copy of his or her certificate of training and the employer retains a
copy of the certificate of training on file, 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
010.14-309 creates an exception to the application of some of the Hazardous
Occupations provisions of these Rules (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. 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
permitted by Rule 010.14-307; and
(2) Occupations in agriculture permitted by
Rule 010.14-308.
010.14-310
Studies and
Investigations - Reports
(a) The director shall be assisted by the
Labor Standards Section in making studies and investigations 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 of age 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 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 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 the Labor Standards
Section.
(c) Whenever warranted,
the director, on recommendation of the Section or on his or her 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
§
25-15-201
et
seq.
(d) Any person may at
any time file with the Section a written application, petition, or other
request in connection with any proceeding to make, amend, or revoke a hazardous
occupation determination. In the event the petition is denied, the petitioner
will be advised promptly with a simple statement of reasons.
(e) Any person adversely affected or
aggrieved by the procedure provided in this 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 Part (Rules 010.14-311 through
010.14-316):
(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,
or musical performances;
(7)
"Guardian" means an individual who legally has the care and management of the
person and the estate of a child during the child's minority;
(8) "Nurse" means any registered nurse or
licensed practical nurse;
(9)
"Studio Teacher" means an on-site individual who is qualified to provide
age-appropriate educational instruction to a child; and
(10) "Stunt coordinator" means an individual
qualified by training and experience in the planning, staging, performance, 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 shall be issued without the following:
(A) An application for an Entertainment Work
Permit on a form provided by the director;
(B) One (1) 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; or
(vi) Certified school record;
(C) The written consent of the
child's parent or guardian for the issuance of the Entertainment Work
Permit;
(D) Except as provided in
subdivision (a)(2)(D)(ii)(b) of this Rule 010.14-312, 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)
(a)
The child will not be employed during a time school is in session.
(b) Parents of home-schooled children may
provide the information required by subdivision (a)(2)(D)(ii)(a) of this Rule
010.14-312 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;
and
(ii) The child's rate of
pay;
(F)
(i) 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.
(ii) 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; and
(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, including without limitation:
(1) That the child, the child's parent or
guardian, or the employer has knowingly submitted false information to the
Division;
(2) That the child, the
child's parent or guardian, or the employer has violated any provisions of Ark.
Code §
11-12-101
et seq.
or any rules lawfully promulgated thereunder;
(3) That the work for which an application
for an Entertainment Work Permit is sought is hazardous or detrimental to the
health, safety, morals, education, or welfare of the child; or
(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 for renewal of an Entertainment Work Permit shall be
made in the same manner and under the same conditions as the original
permit.
(e)
(1) 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.
(2) 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)
(A)
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.
(B) 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 (1) time.
(2) For children under six (6)
weeks of age one (1) nurse shall be provided for each three children or
fraction thereof.
(3) For children
from age six (6) weeks to age six (6) months one (1) nurse shall be provided
for each ten (10) children or fraction thereof.
(4) 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.
(5) 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.
(6)
(A)
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.
(B) The
eight-hour period shall consist of not more than four (4) hours of work, with
four (4) hours for school, rest, and recreation.
(7)
(A)
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.
(B) The
nine-hour period shall consist of not more than five (5) hours of work, with
four (4) hours for school, rest, and recreation.
(8) On days when school is not in session,
school-age children may work an additional two (2) hours per day.
(9) On all days, school-age children must
have at least one (1) hour of rest and recreation.
(10) 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.
(11) At least one (1) hour of school shall be
given each day the child's regular school is in session.
(b)
(1) No
child shall be required to report for work before 5:00 A.M.
(2)
(A) No
child shall be at the place of employment later than 10:00 P.M.
(B) The 10:00 P.M. restriction may be
extended to 12:30 A.M. on nights preceding non-school days.
(C)
(i)
Special requests for a child to work other hours may be granted by the director
for night exteriors shot as exteriors; live television, musical, or theatrical
performances; or for other reasons.
(ii) Each such request must be submitted in
writing at least two (2) working days prior to the time needed.
(c)
(1) 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.
(2) 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)
(1) A child shall receive a twelve-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.
(2) Special requests for a child to receive a
ten-hour rest break may be granted by the director for one-time 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 (1)
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) If 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)
Years of Age
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 Sixteen (16) Years
of Age
(a) No child sixteen (16) years
of age 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 sixteen (16) years of age may be
employed until 12:00 midnight on nights preceding non-school days.
(b) Children 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 child sixteen (16) years of age 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 twenty-one (21) years 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 of age has
a rest break between shifts or periods 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 of age 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 §§
11-4-201 through -219, shall
maintain complete and accurate records which must contain the following for
each employee under seventeen (17) years of age:
(1) Name in full;
(2) Home address, including ZIP code and
telephone number;
(3) Date of
birth;
(4) Occupation;
(5) Rate of pay;
(6) Entertainment work permit issued pursuant
to Rule 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 this Rule 010.14-319(a) are in addition to and not in lieu of other
records or writings required by the Minimum Wage Act, Ark. Code §§
11-4-201 through -219, and any
rules promulgated thereunder, including without limitation records or writings
concerning 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 entertainment
work permit issued pursuant to Rule 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 shall be retained by employers for a period of
three (3) years.
(b) Any
entertainment work permit issued pursuant to Rule 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 violates Ark. Code
§
11-6-101
et seq.
or §
11-12-101
et
seq., or any rules issued thereunder, shall be subject to a civil
penalty of not less than one-hundred dollars ($100.00) and not more than five
thousand dollars ($5,000.00) for each violation. Each day the violation
continues shall constitute a separate offense.
(b) The amount of all civil penalties will be
determined in accordance with Rule 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 and first class 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) That 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 Rule 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 Rule 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 §
11-6-101
et seq.
or §
11-12-101
et
seq., or any rules issued thereunder, 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 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 three (3) years from the date of the
occurrence of the violation.
010.14-324
Contesting a Civil
Penalty
(a) An individual or entity 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 shall 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 individual or entity 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 individual or entity
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 final unless judicial review is sought within thirty (30) days
pursuant to the Administrative Procedures Act, Ark. Code §
25-15-212.
CRIMINAL REFERRALS, PROSECUTIONS, AND
INVESTIGATIONS
010.14-325
Criminal Referrals, Prosecutions, And Investigations
(a) Any individual or entity that violates
Arkansas Code §
11-6-101
et seq.
is subject to criminal penalties under Arkansas Code §
11-6-103.
(b) The Labor Standards Section may refer any
child labor violation to a state or federal law enforcement authority or
prosecutor.
(c) No criminal
investigation, prosecution, or proceeding shall prevent the Labor Standards
Section from pursuing civil penalties or taking any other action.
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 years of age 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 1, 2020, the rules were
amended to reflect organizational name changes.
(f) Effective October 31, 2023, the rules
were amended to repeal non-entertainment industry child permit requirements
(Act 195 of 2023); to increase civil penalties, increase the time to assess a
civil penalty from two (2) to three (3) years, and address procedures
concerning newly enacted criminal penalties (Act 687 of 2023); and make
grammatical and technical changes to conform to the Bureau of Legislative
Research Drafting Manual and conventions of the Code of Arkansas
Rules.