71-3105 - Exempted Occupations; Apprentices; Student-Learners

71-3105. Exempted Occupations; Apprentices; Student-Learners

(a) The following occupations are exempted from the coverage of these regulations for minors of any age according to the terms of each exemption.

(b) The provisions of this Article with the exception of 71-3108 do not apply to any employee employed in agriculture outside of school hours for the school district where such employee is living while he is so employed, if such employee is fourteen years or older, or is twelve or thirteen years of age and the employment is with the consent of his parent or person standing in the place of his parent.

(c) The provisions of this Article do not apply with respect to any employee engaged in the street sale or delivery of newspapers to the consumer, including carriers making deliveries to the homes of subscribers.

(d) The provisions of this Article do not apply with respect to any employee engaged as an actor or performer in motion pictures, radio or television productions, or theatrical productions.

(e) The provisions of this Article do not apply with respect to any employee employed by his or her own parent or the person standing in place of his or her parent except in those occupations found by the Director of the Department of Labor, Licensing and Regulation to be particularly hazardous or detrimental to health or well-being of minors and identified at 71-3107.

(f) Where this Article contains any exemption for the employment of apprentices, such an exemption shall apply only when (1) the apprentice is employed in a craft recognized as an apprenticeable trade; (2) the work of the apprentice in the occupations declared particularly hazardous is incidental to his training; (3) such work is intermittent and for short periods of time and is under the direct and close supervision of a journeyman as a necessary part of such apprentice training; and (4) the apprentice is registered by the Bureau of Apprenticeship and Training of the United States Department of Labor as employed in accordance with the standards established by that Bureau.

(g) Where this Article contains an exemption for the employment of student-learners, such an exemption shall apply when (1) the student-learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized State or local educational authority or in a course of study in a substantially similar program conducted by a private school; and (2) such student-learner is employed under a written agreement which provides:

(i) That the work of the student-learner in the occupations declared particularly hazardous shall be incidental to his training;

(ii) That such work shall be intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person;

(iii) That safety instructions 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 shall have been prepared. Each such written agreement shall contain the name of student-learner, and shall be signed by the employer and the school coordinator or principal. Copies of each agreement shall be kept on file by both the school and the employer. This exemption for the employment of student-learners may be revoked in any individual situation where it is found that reasonable precautions have not been observed for the safety of minors employed thereunder. A high school graduate may be employed in an occupation in which he has completed training as provided in this paragraph as a student-learner, even though he is not yet eighteen years of age.

(Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.)

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