Child Labor

VIRGINIA DEPARTMENT OF LABOR AND INDUSTRY
DIVISION OF LABOR AND EMPLOYMENT LAW

FIELD OPERATIONS MANUAL

CHAPTER NINE CHILD LABOR

This document is part of the latest version of the Virginia Department of Labor and Industry
Division of Labor and Employment Law's Field Operations Manual. This document supersedes
any and all previous editions.

DISCLAIMER

The Field Operations Manual (FOM) is an operations manual that provides the Division of Labor
and Employment Law investigators and staff with interpretations of statutory provisions,
procedures for conducting investigations, and general administrative guidance. The FOM was
developed by the Labor and Employment Law Division under the general authority to administer
laws that the agency is charged with enforcing. The FOM reflects policies established through
changes in legislation, regulations, court decisions, and the decisions and opinions of the
Virginia Department of Labor and Industry. Further, the FOM is not used as a device for
establishing interpretative policy.

The Virginia Department of Labor and Industry (DOLI) is providing the information in this
manual as a public service. This information and other related materials are presented to provide
public access to information regarding DOLI programs. It is important to note that there will
often be a delay between the official publication of the materials and the modification of these
pages. Therefore, no express or implied guarantees are indicated. The Virginia Regulatory Town
Hall remains the official resource for regulatory information published by the DOLI. Every effort
will be made to address all errors brought to the attention of the Labor and Employment Law
Division staff.

Section 1.00 Coverage

Virginia's Child Labor Laws are set forth in Chapter 5 of Title 40.1 of the Code of Virginia. In
addition, the following three regulations have been promulgated pursuant to Chapter 5: 1)
Virginia Hours of Work for Minors; 2) Virginia Rules and Regulations Declaring Hazardous
Occupations; and 3) Virginia Regulations Governing the Employment of Minors on Farms, in
Gardens, and in Orchards. These laws and regulations apply to all private industry employers
employing children, unless a specific exemption is provided.

Also, there are federal child labor laws. Employers meeting the coverage requirements of the
federal Fair Labor Standards Act must also abide by the federal requirements. Whenever state
and federal law differ, the more stringent standard shall apply. The Wage and Hour Division of
the U.S. Department of Labor administers and enforces the federal child labor statutes and
regulations.

Section 2.00 Youth Employment Certificates (Work Permits), Work Training Certificates, and Theatrical Permits

A. Youth Employment Certificates (work permits) are issued by the Labor and Employment
Law Division of the Department of Labor and Industry. Minors must be at least 14 years of
age to secure an Employment Certificate. An Employment Certificate must be issued each
time a minor begins employment, after a break in employment, or when the job duties
change substantially. Once a minor turns sixteen, an Employment Certificate is no longer
required.

B. There are 2 methods available for obtaining youth Employment Certificates. Instructions
for both options are available on the Department of Labor and Industry website:
www.doli.virginia.gov.

1. Electronic Process (Preferred)
   1. This is a 3 step completely electronic (no paperwork, no mailing of forms) process
      available through a link on the Department's website. Detailed instructions are
      provided throughout the process. It is IMPORTANT to read all the instructions!
      The youth Employment Certificate is issued directly to the employer electronically
      through the account they established during the application process.
   2. Employment Certificates issued through this process are subject to final approval by
      Division staff. Important Note: All electronic youth Employment Certificate
      issued are subject to revocation and/or modification as necessary.
2. The Manual Process requires completion and submission of 2 paper forms which are
   available for download from the website or if necessary may be mailed to the applicant.
   1. Intention to Employ Form - this is to be completed by the employer stating the duties the
      minor will be performing and certifying that the minor will be employed in accordance with
      the hours of work limitations. This form must state the specific proof of age document that the
      employer has reviewed and has retained on file.
   2. Permission for Employment Form - this is filled out by the parent or legal guardian.
      Important Note: This form must be signed in the presence of a notary and contain an official
      notary seal.
   3. Both forms must be mailed together to the Division at the address provided on the bottom of
      the form.
   4. Application forms will be processed and reviewed for final approval. Important Note:
      The youth Employment Certificate will be mailed within 10 business days to the employer.
   5. Should the application be deficient or otherwise unacceptable a notice will be mailed
      to the Parent/Guardian of the applicant explaining the reason for denial. A remedy,
      if possible, will be suggested.

C. Acceptable Proofs of Age

1. Birth Certificate
2. Passport
3. Baptismal Record
4. Government ID

D. All youth Employment Certificate documentation will be maintained by the Division until
the minor turns 18 years of age.

E. Minors performing volunteer work and minors employed on farms, orchards, and in
gardens are exempt from securing the work permit.

F. Work-Training Certificate:

1. Issued by the Coordinator of Schools.
2. Allows minors 14 and 15 years of age to work during school hours and in occupations
   typically prohibited until age sixteen, not including hazardous occupations. They must
   also obtain a work permit.
3. Allows minors 16 and 17 years of age to be employed in Hazardous Occupations as
   defined by 16VAC15-30-20, Nos. 4, 7, 9, 10, 11, 13, and 15.
4. By issuing the Work-Training Certificate, the Coordinator certifies to the Department
   that the minors are employed under the following conditions:
   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.
   2. The student learner is employed under a written agreement which provides: 1. that
      the work of the student learners in the occupations declared particularly hazardous
      shall be incidental to the training; 2. 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; 3. That safety instruction shall be given by the school and
      correlated by the employer with on-the-job training; and, (d) that a schedule of
      organized and progressive work processes to be performed on the job shall have
      been prepared.
   3. Each such written agreement shall contain the name of the 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 the school, the employer, and the Department of
      Labor and Industry. 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 training has been completed as
      provided in (1) and (2) above as a student learner, even though the minor is not yet
      18 years of age.

G. Theatrical Permits:

1. Issued for minors under 16 years of age to be employed in a drama, play, performance,
   concert or entertainment.
2. Management of the theater or other public place where performance is to be held must
   secure a permit from the Department of Labor and Industry:
   1. The application form is processed by the Labor and Employment Law Division.
   2. Application must be sent to the Department at least 5 days before the performance.
   3. There are no restrictions on hours of work for minors who have obtained a valid
      theatrical permit.
   4. The permits are issued by the Division.
   5. Minors cannot appear in performances that the Department deems detrimental to
      their health or morals or which causes their education to be neglected or hampered.

Section 3.00 Hours of Work

A. Non-agricultural employment:

1. Minors 16 and 17 years of age: No restrictions on the hours of work.
2. Minors 14 and 15 years of age:
   1. May not work more than 3 hours a day on a school day.
   2. May not work more than 18 hours a week in a school week.
   3. May not work more than 8 hours a day on a non-school day.
   4. May not work more than 40 hours a week in a non-school week.
   5. May not work before 7 a.m. or after 7 p.m., except between June 1st and
      Labor Day, they may work as late as 9 p.m.
   6. May not work during school hours unless enrolled in a school work-training
      program and certified with a work-training certificate.
   7. Must be given a 30-minute rest or meal period after 5 hours of continuous
      work.
3. Minors 12 and 13 years of age:
   1. Newspaper carriers cannot work before 4 a.m., after 7 p.m., or during
      school hours.

B. Agricultural employment:

1. Minors under 16 years of age cannot be employed during the hours school is in
   session.
2. Must be given a 30-minute rest or meal period after 5 hours of continuous work.
3. The restrictions in 1 and 2 do not apply to minors employed by their parent or a
   person standing in the place of a parent on farms, gardens, and in orchards owned
   or operated by such parent or person.

C. Exemptions to Hours of Work Restrictions: there are no restrictions on hours of work in
the following situations:

1. Non-agricultural jobs where the minor's parent owns the business. The parent
   must be the sole owner of the business.
2. Page or clerk for either the House of Delegates or the Senate of Virginia.
3. Domestic work when such work is performed in connection with the minor's own
   home and directly for the parent or other such person standing in the place of a
   parent.
4. Work on farms, gardens, or in orchards which the parent owns or operates.
5. Performer in a drama, play, concert, movie, or other entertainment, provided the
   minor has a theatrical permit issued by the Department.
6. Work performed for the state or any of its institutions or political subdivisions
   thereof, or any public body.
7. Activities performed for a volunteer rescue squad.
8. When a minor is engaged in occasional work around someone's home, but not in
   connection with their business, trade or profession, the only restriction on the
   minor's hours of work is that the minor cannot work during school hours.

D. The Department will exempt 14 and 15 year old minors from the hours of work restrictions
when employed in sports-attending services. Permissible duties of the sports attendants
include: pre- and post-game or practice set-up of balls, items and equipment; supplying
and retrieving balls, items, and equipment during a sporting event; clearing the field or
court of debris, moisture, etc. during play; providing ice drinks, towels, etc. to players;
running errands for trainers, managers, coaches, and players before (pre-game,
set-up, and player warm-up), during, and after (post-game activities) a sporting event, and
returning and/or storing balls, items and equipment in club house or locker room after a
sporting event. For purposes of this exception, impermissible duties include grounds or
field maintenance such as grass mowing, spreading or rolling tarpaulins used to cover
playing areas, etc.; cleaning and repairing equipment; cleaning locker rooms, showers,
lavatories, rest rooms, team vehicles, club houses, dugouts, or similar facilities; loading
and unloading balls, items, and equipment from team vehicles before and after a sporting
event; doing laundry and working in concession stands or other selling and promotional
activities.

E. High school graduates and expelled students:

1. When minors who are 14 and 15 years of age have graduated from high school,
   school is no longer "in session." After graduation, they may not work more than 8
   hours per day and not more than 40 hours per week, but they are subject to the
   remaining hours restrictions.
2. When minors 14 or 15 are subject to an order of the Juvenile Court prohibiting them
   from attending school, school is no longer "in session" for them and therefore they
   may work during school hours not more than 8 hours a day, 40 hours a week, but in
   accordance with the other hours restrictions. Representatives should check with the
   proper court officials to verify the children have been prohibited from attending
   school.
3. When minors 14 and 15 years of age have been expelled from school (which does
   not include a suspension from school for a limited period), school is no longer "in
   session" for them and therefore they may work during school hours, not more than 8
   hours a day, not more than 40 hours a week, but in accordance with the other hours
   restrictions for 14 and 15 year olds.

F. Outside school hours defined.

1. Outside school hours means such periods as before and after school hours, holidays,
   summer vacations, weekends, and any other day or part of a day when school is not
   in session as determined by the local public school district in which the minor
   resides when employed. Summer school sessions, held in addition to the regularly
   scheduled school year, are considered to be outside of school hours. Thus, the
   phrase school hours refers to the hours that the local public school district where the
   minor resides while employed is in session during the regularly scheduled school
   year rather than the individual student's attendance requirements or whether the
   student has been excused from the classroom for a day or part of a day.
2. In some instances a school may employ a student 14 or 15 years of age to work in
   the minor's own school. An example of this would be in the cafeteria during the
   noon hour or during a period when the student is not in class. Such employment will
   be considered to be "outside school hours."
3. When a minor 14 or 15 years of age has a child to support and appropriate state
   officers, pursuant to state law, have waived school attendance, school is no longer
   "in session" for that minor. Therefore, the minor may work during school hours, not
   more than 8 hours a day, 40 hours a week, but in accordance with the remaining
   hours restrictions for 14 and 15 year olds.

G. Week defined: "Week" as used by the Virginia Department of Labor and Industry in
interpreting and applying the state child labor laws and regulations means a standard
calendar week of 12:01 a.m. Sunday through midnight, Saturday.

Section 4.00 Time Records

A. Non-agricultural employment:

1. Must be kept for all minors under 16 years of age.
2. Must be kept at the site where the minor is employed.
3. Must show the beginning and ending time of work each day and the time given
   for a meal or rest period. Meal or rest period time is not counted in the total
   amount of time worked by the minor.
4. The records for the last twelve months of work for each minor employee shall be
   kept for 3 years from the date of the latest work period.

B. Agricultural employment: every employer (other than parents or guardians standing in the
place of parents employing their own child or a child in their custody) who employs in
agriculture any minor under 16 years of age on days when school is in session, or on any
day if the minor is employed in a hazardous occupation shall maintain and preserve records
containing the following data with respect to each and every such minor so employed:

1. Name in full.
2. Place where minor lives while employed. If the minor's permanent address is
   elsewhere, both addresses must be maintained.
3. Date of birth.

Section 5.00 Prohibited Employment, Non-agricultural

A. Children under 16 years of age cannot be employed in the following occupations unless
they are enrolled in a school work-training program and a work-training certificate has
been obtained:

1. Manufacturing establishment. "To manufacture" means to make anything from raw materials by hand or by
   machinery or by art. Any occupation involved in the manufacture of a product
   from the assembling of raw materials for manufacture to the completion of the
   manufactured article is a part of the manufacturing process, and therefore a
   manufacturing occupation. All manufacturing is processing, but not all
   processing is manufacturing. Examples of manufacturing are as follows:
   1. Trimming and examining when they are performed as a part of a
      manufacturing process.
   2. Assembling of boxes or crates in which goods are to be packed, including
      making of the lid or cover, is a change in the raw material from which the
      box or crate is made and constitutes "manufacturing" whether done by
      hand or machine. However, assembling light-weight flat folded cartons
      either by stapling with hand stapler machine or by pasting with tape is not
      manufacturing.
   3. "Lidding" (the operation of fastening down the cover on the filled
      container) when it is accomplished by use of a power-driven machine.
   4. Stitching of bags containing produce by means of automatic electric
      sewing machines in fresh fruit and vegetable packing sheds.
   5. If the article is sold to the consumer as a package or carded article, as is
      often the case with chewing gum or buttons, the packaging or carding of
      the article into the form in which it is offered to the public is considered an
      integral part of the manufacturing of the article when the work is
      performed in the manufacturing establishment.

Processing: "To process" ordinarily is understood to convey the idea of an
operation in the course of which goods undergo a change in form or substance, for
example:
1. The cleaning and filleting of fish.
2. The slaughtering of livestock.
3. Dressing of poultry.
4. Cracking of nuts.
5. Laundering as performed by commercial laundries.
2. Mechanical establishment. A "mechanical establishment" is a business having to do with, or having skill
in the use of machinery or tools (both manual and power-driven) which usually
produce a service. Examples include such businesses as garages, body shops,
machine shops, upholsterers, etc.
3. Commercial cannery.
4. Operation of any automatic passenger or freight elevator.
5. Dance studio.
6. Providing care for resident patients as a laboratory helper, therapist, orderly,
or nurses' aid.
7. In the service of any veterinarian, animal boarding/grooming facility or any
establishment in which they would come in contact with animals. Children 14
years of age may be employed in this type of establishment performing office work
of a clerical nature in bona fide office rooms; however, they cannot be exposed to
X-ray equipment until 18 years of age. A child would have to be 16 years of age to
be employed in any occupation that would involve contact with animals.
8. Warehouse. Warehouse includes the following:
1. Public warehouse
2. Cold storage warehouses.
3. Long distance moving and storage establishments.
4. Wholesale houses.
5. Tobacco warehouses.
6. Warehouses operated either as departments or as separate establishments
by retail stores.
7. Warehouses operated either as separate establishments or departments by
factories, canneries, and other manufacturing and processing
establishments.

A warehouse does not include the following:
1. Fresh fruits and vegetable packing sheds and concentration points.
2. Stock rooms operated by retail stores as an incident to selling and
located on the same premises as the retail store.
9. Planer mill lumber yard where lumber, green or dry, is stacked and stored.

(numbered "8" a second time in the source document, following "8. Warehouse" above)
10. Processing work in any dry cleaner or laundry establishment.
11. Undertaking establishment or funeral home.
12. Curb service at a restaurant.
13. Room service in a hotel or motel.
14. Brick, coal, or lumber yard.
15. Ice plant.
16. Scaffolding work.
17. Construction trade. If construction is in an on-going stage, children under 16
cannot be employed at the construction site in any capacity even though work for
the day has ceased. Minors 14 and 15 years of age can do clean-up work once the
construction project is completed. At such time, even though the employer is
classified in the construction industry, the employment would not remain under
the category of construction trade. Instead, employment would be classified as
janitorial as long as the minor is performing allowable duties, such as window
washing, removing scrap material, etc.
18. Outdoor theater.
19. Cabaret, carnival, fair, floor show, pool hall, club, or roadhouse.
20. Lifeguard at a beach.
21. Street trades.
22. Any occupation or duties not specifically authorized by Federal Regulation.

Section 6.00 Hazardous Employment, Non-agricultural

A. Minors under the age of 18 years of age cannot be employed in the following occupations:

1. Any occupation that exposes them to a recognized hazard capable of causing
   injury or death.
2. Power-driven grinding, abrasive, polishing, or buffing machines.
3. Preparation of compositions using poisonous or dangerous chemicals.
4. Manufacture of paints, colors, white lead, brick tile or kindred products.
5. Places where goods of alcoholic content are manufactured, bottled, or sold for
   consumption on the premises, except in places where the sale of alcoholic
   beverages is merely incidental to the main business actually conducted, or to
   deliver alcoholic goods.
6. The following occupations declared hazardous by the Commissioner of Labor
   and Industry:
   1. Manufacturing or storage occupations involving explosives.
   2. Logging and sawmilling occupations.
   3. Power-driven woodworking machine occupations.
   4. Occupations involving exposure to radioactive substances and to
      ionizing radiations.
   5. Power-driven hoisting apparatus occupations.
   6. Power-driven metal forming, punching, and shearing machine
      occupations.
   7. Occupations in connection with any mining operation.
   8. Occupations involving slaughtering, meatpacking, processing, or
      rendering.
   9. Power-driven bakery machine occupations.
   10. Power-driven paper products machine occupations.
   11. Occupations involved in the manufacture of brick, tile, and kindred
       products.
   12. Occupations involved in the power-driven operation of circular saws, band
       saws, and guillotine shears.
   13. Occupations involved in wrecking, demolition, and shipbreaking
       operations.
   14. Occupations in roofing operations.
   15. Occupations in excavating operations.
   16. Fire fighting.

Note: Minors 16 years of age or over enrolled in a bona fide school work-training
program or apprenticeship program may be employed in Hazardous Items Nos. 4,
7, 9, 10, 11, 13, and 15.

Section 7.00 Permissible and Hazardous Employment – Agricultural

A. The following are occupations permitted for minors under 16 years of age employed on
farms, in gardens or in orchards:

1. Handling chemical pesticides and fertilizers not included in Hazardous Item # 8 of
   subsection B below.
2. Loading or unloading trucks.
3. Operating garden-type tractors.
4. Picking vegetables and berries and placing them on conveyors or in containers.
5. Working with farm animals, except work with certain breeding stock in confined
   areas, including showing any animal at livestock shows, fairs, exhibits or similar
   activities when not taking place on a farm.
6. Hand planting and cultivation.
7. Raising and caring for poultry.
8. Milking cows.
9. Processing and storing milk and dairy products.
10. Detasseling corn.
11. Cleaning barns, equipment storage buildings, chicken coops, etc.
12. Mowing lawns.
13. Riding, driving, or exercising horses.
14. Picking cotton.
15. Handling of irrigation pipes.
16. Harvesting and storing tobacco.
17. Riding on transplanters.

B. The following are occupations considered hazardous and not permitted for children under
16 years of age on farms, in gardens and in orchards:

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.
   1. Farm tractors overturn easily and the operator or passenger may be
      seriously injured. Serious injuries are complicated if the accident occurs
      in an isolated area and is not discovered quickly.
   2. The rotating drive mechanisms of implements or power-take-off drives
      inflict serious injuries if parts of the body or clothing come in contact with
      the exposed drive shaft or moving parts.
   3. Persons under 16 may still operate garden-type tractors, which are free
      from the extensive hazards associated with large, heavy-duty equipment.
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:
   1. Corn picker, cotton picker, grain combine, hay mower, forage harvester,
      hay baler, potato digger, or mobile pea viner.
      1. These machines use rotary gears, revolving shafts, driving chains,
         belts, augers, conveyor belts and chains, knives, blowers, levers,
         and hydraulic pistons to grasp, cut, pound, grind, convey,
         compress, push, or pull material. The farm worker sometimes
         comes in contact with moving parts and is seriously injured when
         he tries to unclog, repair, or adjust the machine when the motor is
         running.
   2. Feed grinder, crop dryer, forage blower, auger conveyor, or the unloading
      mechanism of a nongravity-type self-unloading wagon or trailer.
      1. These machines, except for some that are fed manually, are similar
         in construction and operation to those described above, and involve
         the same hazards. There is an additional danger that if a part of the
         body is caught by a turning auger, amputation is almost
         unavoidable.
      2. Persons under 16 may move the crop to the person feeding the
         machine and remove the finished product from the area; they may
         load and unload material from other types of conveyors, such as
         belt, bucket, or chain.
   3. Power post-hole digger, power post driver, or non-walking type rotary
      tiller.
      1. The hazard of the post-hole digger is the danger of becoming
         entangled with the rotating drive; with the power post-driver, the
         hazard is the possibility of being struck by the descending ram.
      2. Persons under 16 may set posts in holes, tamp the earth, attach and
         stretch wire, install gates, and repair fences.
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:
   1. Earthmoving equipment.
   2. Forklift.
   3. Potato combine.
   4. Chain saw.
4. Working on a farm in a yard, pen, or stall occupied by:
   1. A bull, boar, or stud horse maintained for breeding purposes.
   2. A sow with suckling pigs, or cow with newborn calf (with umbilical cord
      present).
      1. This does not prohibit work with these animals or any animals in
         an open area. It does not prohibit work with beef or range bulls
         and cattle, dairy cattle, or breeding stock on the range.
5. Working from a ladder at a height of over 20 feet for purposes such as pruning
   trees, picking fruit, etc.
   1. This does not prohibit using ladders to reach a work site above 20 feet, as
      long as the work is not done from a ladder or scaffold.
6. Driving a bus, truck, or automobile when transporting passengers, or riding on a
   tractor as a passenger or helper.
7. Working inside:
   1. A fruit, forage, or grain storage designed to retain an oxygen deficient or
      toxic atmosphere.
   2. An upright silo within two weeks after silage has been added or when a
      top unloading device is in operating position.
   3. A manure pit.
   4. A horizontal silo while operating a tractor for packing purposes.
      1. When oxygen is replaced by another gas or consumed by
         fermentation, anyone entering these storage areas is in danger of
         asphyxiation.
      2. If the top unloading device is in operating position in the silo, a
         person may become entangled in its cutting and tearing mechanism
         and be injured seriously.
      3. Employees under 16 may work inside the non-gas-tight type silo
         while the unloading device is in a raised position, and they may
         also operate this device from outside the silo.
      4. The hazards involved in operating a tractor for packing purposes in
         a horizontal silo is the danger of overturning.
8. 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 under the Federal Insecticide, Fungicide, and
   Rodenticide Act (7 U.S.C. 135 et seq.) 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.
   1. Many agricultural chemicals present serious health hazards. Some have a
      corrosive effect on body tissue. Some affect the central nervous system,
      causing respiratory failures and many cause death by the accumulation of
      even minute quantities over a prolonged period.
   2. The hazards involved in the job of flagman are that he stands in the line of
      flight to direct the pilot and also because of the possibility of
      contamination from the chemical being applied.
   3. Minors under 16 may handle and apply fertilizers or chemicals that are not
      labeled as indicated above.
9. Handling or using a blasting agent, including but not limited to, dynamite, black
   powder, sensitized ammonium nitrate, blasting caps, and primer cord.
10. Transporting, transferring, or applying anhydrous ammonia.

Section 8.00 Exemptions Generally

A. Nothing in Virginia's Child Labor Laws and regulations except hazardous occupations
(§40.1-100(A)); theatrical performers (§§ 40.1-101 and 40.1-102); and cruelty and
injury to children (§ 40.1-103) shall apply to minors employed in the following:

1. A child engaged in domestic work when such work is performed in connection
   with the child's own home and directly for his parent or a person standing in place
   of the parent. The word "parent" or a "person standing in place of a parent"
   includes natural parents, or any other person where the relationship between that
   person and a child is such that the person may be said to stand in place of a
   parent. For example, one who takes a child into his or her home and treats it as a
   member of his or her own family, educating and supporting the child as if it were
   his or her own, is generally said to stand in "place of a parent."
2. A child employed in occasional work performed outside school hours where such
   work is in connection with the employer's home but not in connection with the
   employer's business, trade, or profession.
3. A child 12 or 13 years of age employed outside school hours on farms, in
   orchards or in gardens with the consent of the parent or a person standing in place
   of the parent.
4. A child between the ages of 12 and 18 employed as a page or clerk for either the
   House of Delegates or the Senate of Virginia.
5. A child participating in the activities of a volunteer rescue squad.
6. A child under 16 years of age employed by his or her parent in an occupation
   other than manufacturing or one declared hazardous by code or regulation. The
   exception applies only when the parent is the sole employer of the minor. If the
   parent is a partner in a partnership or an officer of a corporation, the parental
   exemption does not apply unless the parents are the only members of a
   partnership or the sole owners of the corporation.

B. Nothing in Virginia's Child Labor Laws or regulations, except theatrical performers
(§§ 40.1-101 and 40.1-102) and cruelty and injuries to children (§ 40.1-103), shall apply
to a child employed by the parent or a person standing in place of the parent on farms, in
orchards, or in gardens owned or operated by such parent or person.

1. The parental exemption applies to the minor's natural parent or to a "person
   standing in the place of his parent" so long as the employment is on a farm owned
   or operated by such parent or person.
2. "Owned by" the parent or person standing in the place of the parent includes his
   part ownership as a partner in a partnership or as an officer of a corporation which
   owns the farm if his ownership interest in the partnership or corporation is
   substantial.
3. "Operated by" the parent or person standing in place of the parent means that he
   exerts active and direct control over the operation of the farm or ranch by making
   day to day decisions affecting basic income, work assignments, hiring and firing
   of employees and exercising direct supervision of the farm or ranch work. A
   ranch manager, therefore, who meets these criteria could employ his own children
   under 16 on the ranch he operated without regard to the hazardous occupations.

Section 9.00 Penalties

A. Anyone who illegally employs a minor may be subject to a civil money penalty of up to
$10,000 for each violation that results from the employment of a child who is seriously
injured or dies in the course of the employment, and up to $1,000 for every other violation.
When a civil money penalty is assessed against an employer, the employer may within 21
days after receipt of the notice of such penalty request an informal conference, if not the
violation and penalty will become a final order of the Commissioner and not subject to
review by any court or agency except upon a showing of good cause.

B. Two sections of Title 40.1, Chapter 5, Child Labor Laws of Virginia, provide criminal
penalties.

1. The use of children for sexually explicit visual material is prohibited. A violation is
   a Class 6 felony. Section 40.1-100.2 of the Code of Virginia.
2. Employment of a child in a street or public place, including the sales of candy,
   books, and subscription contracts for periodicals without securing a permit from the
   Department of Labor and Industry or employing a child less than 16 years of age in
   such an occupation is a Class 1 misdemeanor. Section 40.1-112 of the Code of
   Virginia.

Section 10.00 Instructions for Completing Child Labor Civil Money Penalty Report

A. Completion of Form

1. In the upper left blocks of the form enter:
   1. Employer: same name as appears on the Inspection Reports, Complaint
      Reports, and all other forms — the trade name of the employer.
   2. Address: street address of the establishment investigated.
2. At the top of the columns marked "#1 through #5," place the initials of the child
   for whom a Civil Money Penalty Report is being calculated. Even though the
   bottom of the column is "0," the calculation must be shown. Please make sure the
   initials match the minor's name referenced in the narrative and on the interview
   and records review sheets.
3. Use of "VIOLATION 1st or 2nd." All first investigations of an establishment use
   "1st" column. All subsequent investigations resulting from child labor violations
   cited on a previous investigation, use column "2nd." Only cite a 2nd offense
   violation amount for the same violation of the Child Labor Laws cited during a
   previous investigation. Example: If on a prior investigation, the same employer
   was cited for hours of work violations and during the subsequent investigation,
   you find the employer in violation of hours of work, records, and failure to have
   minors secure work permits, you would cite a 2nd offense amount for the hours of
   work violations, but a 1st offense amount for the records and permit certification
   violations.

B. Section I WORK VIOLATIONS. THIS SECTION IS USED FOR CITING CHILD
LABOR VIOLATIONS.

1. Hours. Any violation of hours requirements set forth in Chapter 5 of Title 40.1,
   Code of Virginia, is cited here. Cite $300 for 1st offense; cite $600 for 2nd
   offense and subsequent offenses. If child found in violation of more than one
   hours requirement, only one penalty amount ($300 or $600) should be cited here.
   Children under 14 years of age would be cited for hours violations if they worked
   in excess of the hours requirements for 14 and 15 year old children.

2. Occupation. Any violation where a child is found employed in an occupation
   not permissible under the Child Labor Laws of Virginia or regulations adopted
   pursuant thereto.

   1. Under 14. Any child under 14 years of age employed in an illegal
      occupation, cite $300 for 1st violation; cite $600 for 2nd and subsequent
      violations.
   2. Under 16 in prohibited occupation. Applicable to any child who is
      underage for prohibited occupations requiring a 14- 16 year-old-age limit
      (does not include 16 year old requirement for hazardous agricultural
      employment). If a 1st violation, cite $200 if no injury occurred, $400 if
      injury but no significant injury occurred, and $1000 if fatality or
      significant injury occurred. If 2nd or subsequent violation, cite $400 if no
      injury occurred, $600 if injury but no significant injury occurred, and
      $1000 if fatality or significant injury occurred.
   3. Under 16/18 in hazardous occupation or using hazardous equipment.
      Any child that is not the minimum age (16 or 18) for hazardous
      agricultural employment or using hazardous farm equipment or a child
      under 18 employed in a hazardous non-agricultural occupation or using
      hazardous equipment are cited here. If minor was under 14, it is
      appropriate to cite violations of B.2(1) as well as this section. If 1st
      violation, cite $400 if no injury occurred, $600 if injury but not significant
      injury occurred, and $10,000 if fatality or significant injury occurred. If
      2nd or subsequent violation, cite $600 if no injury occurred, $800 if injury
      but no significant injury occurred, and $10,000 if fatality or significant
      injury occurred.

   Note: For the purpose of this section, significant injury means if there is a
   permanent disability suffered. For example, loss of finger, loss of limb, permanent
   vision damage, permanent nerve damage, permanent burn scars, etc.
   4. Subjected to recognized hazard. Before citing a penalty for violation of §
   40.1-100.1, you should discuss the case with your Supervisor, who will
   discuss it with the Central Office. If 1st violation, cite $400 if no injury
   occurred, cite $600 if injury but not significant injury occurred, and
   $10,000 if fatality or significant injury occurred. If 2nd or subsequent
   violation, cite $600 if no injury occurred, $800 if injury but no significant
   injury occurred, and $10,000 if fatality or significant injury occurred.
   3. Total the amount of penalty for each child and place that amount in "Section I
   Subtotal."

C. SECTION II 50% REDUCTION IF NONE OF THE FOLLOWING OCCURRED: If any of
the (1) through (4) subsection tests are not met, the 50% reduction is eliminated. The
Representative must find evidence that one of the four tests is not met in order to void the
reduction. Place either "Yes" or "No" by each test. Any "Yes" voids the reduction.

1. Injury/potential injury. Employer fails this test if child was employed in an illegal
   occupation or was using hazardous equipment and injury occurred or potential for
   injury existed.
2. Repeat violation. If this investigation is with the same employer (corporation)
   you've cited any violations of Chapter 5 of Title 40.1, Code of Virginia, or
   regulations adopted pursuant thereto in the past, the test is not met.
3. Child under 14 employed. Employer fails this test if any violation is found where
   the child involved is under 14 years of age.
4. Hours substantially exceeded. Employer fails this test if minor worked three days
   or more and either one of the following has occurred:
   1. One hour or more prior to the 7 a.m. beginning or 7 and 9 p.m. ending
      limits.
   2. One hour or more over the daily limits.
   3. Six hours or more over the weekly limit.
   4. No meal or rest period given.
   5. Working illegally during school hours.

If the penalty amount is not reduced because one of the 1 through 4 tests is not met, bring
down the "Section I Subtotal" to "Section II Subtotal." If the penalty is reduced because
all of (1) through (4) tests are met, reduce the "Section I Subtotal" for the appropriate
child by 50% and place the reduced figure in "Section II Subtotal" space for each child.

D. Section III FAILURE TO OBTAIN PROPER CERTIFICATION. This section is used to
cite employers for failure to have an Employment Certificate, Work-Training Agreement,
or Theatrical Permit whichever is applicable. If proper certification was not obtained, cite
$300 for 1st offense and $600 for each 2nd and subsequent offense. (If the child is under
14 which is the minimum age for securing an Employment Certificate, no penalty should
be assessed. However, if the child turns 14 years of age and remains in the employer's
employment and still does not secure an Employment Certificate, a penalty should be
assessed for failure to obtain proper certification.)

If a penalty is cited in "Section III," place the penalty in the column for each child cited.
Add these penalty amounts to the amounts of the "Section II Subtotal" line and enter the
totals on the "Section III Subtotal" line.

E. Section IV. REDUCTION. If the total number of employees for the establishment is
between 1 and 4, reduce the Section III Subtotal by 50%; between 5 and 10, reduce the
penalty by 40%; between 11 and 25 employees, reduce the amount by 30%; between 26
and 60 employees, reduce the amount by 20%; between 61 and 100 employees, reduce
the amount by 10%; or 100 or more employees, no reduction is to be made in the Section
III Subtotal amount. Enter the appropriate reduction amount here, if any, and draw a line
under the reduction test which is met. Place the remaining penalty amount on the
"Section IV Subtotal" line. If there is no reduction, merely bring the "III" totals down to
the "IV" totals.

Note: The number of employees is to be based on the number of employees the employer
has on the date the Representative conducts the investigation.

F. Section V. FAILURE TO KEEP PROPER TIME RECORDS. This section is used for
citing any violation of § 40.1-81.1 of the Child Labor Laws, or regulations adopted
pursuant to § 40.1-6(3) of the Code of Virginia. If 1st violation, cite $300 if the employer
has no records, $75 if the records are insufficient, and $50 if the records are not on the
premises. If 2nd or subsequent violation, cite $500 if the employer has no records, $250
if records are insufficient, and $100 if records are not on the premises. Total the amounts
on the "Section IV Subtotal" line and the "Section V FAILURE TO KEEP PROPER
TIME RECORDS" line and bring the totals down to the "Total Civil Money Penalty"
line.

G. Finalization of Civil Money Penalty Form:

1. Total all children cited on this form and place the number of children in "Number
   of Children illegally employed" at the top right of form.
2. Total the amounts listed in the "Total Civil Money Penalty" line and place the
   grand total in "Recommended penalty amount" at the top right.
3. Put the Representative's name in the block in the lower left corner. If more than
   one Representative works on this investigation, all names should appear here.

Section 11.00 Application

A. Child labor complaints can originate in the following ways:

1. Receipt of a formal or anonymous complaint by phone, by walk-in, or other
   method where no written paperwork is furnished.
2. First Report of Injury form from the Industrial Commission.
3. Violations noted as a result of a routine inspection.
4. Other referrals.

B. Conducting interviews during a child labor investigation.

1. If an investigation is conducted as a result of a formal or anonymous complaint,
   the representative will interview the complainant if the complainant is known,
   interview management, and review records for all currently employed minors to
   determine if violations are noted. If use of hazardous equipment and/or prohibited
   occupations is alleged or suspected, all currently employed minors may be
   interviewed. If records are not maintained for 14 and 15 year olds, interviews
   may be necessary to determine if work hours are being violated. Former
   employees will not be interviewed unless their testimony is needed to substantiate
   violations cited for current employees. Penalties will be calculated based on all
   violations cited.
2. If an investigation is conducted as a result of an injury report, the representative
   may interview management, interview all currently employed minors, interview
   the injured party, and review necessary records of the injured and currently
   employed minors to determine if violations are noted. The OSHA 200 log may be
   reviewed, if available, to determine if other injuries occurred during the last 12
   months. The injured party is the only former employee to be interviewed unless
   the testimony of other former employees is needed to substantiate violations cited
   in relation to the injury or for current employees. Penalties will be calculated
   based on all violations cited.
3. When a routine inspection is conducted, the representative will review records for
   all currently employed minors, observe the work being conducted by minors, and
   thoroughly instruct the employer about Virginia's labor laws. Employee
   interviews will not be conducted. All violations observed during the inspection
   will be noted. Penalties will be calculated based on all violations cited.

Note: If an employer indicates during the inspection that minors have used
hazardous equipment due to the employer's lack of knowledge of the law, but the
representative does not observe a violation, a warning will be issued and a
follow-up inspection may be scheduled within 3 months.

If a minor is observed operating a hazardous piece of equipment, a penalty will be
calculated for that incidence only. If the employer has other minors employed who
he admits have operated this equipment, a follow-up inspection should be
scheduled within 3 months. If violations are noted on the follow-up visit, a full
investigation to include interviews of all minors would be conducted. Penalties will
be calculated on all violations cited.

C. Citations

1. Penalty Assessment: The notification is sent to the employer by both regular first
   class and certified mail.
2. Final Order: The Commissioner shall notify any employer who he alleges has violated
   any provision of this section by certified mail or overnight delivery service. Such
   notice shall contain a description of the alleged violation. Within 21 days of receipt of
   notice of the alleged violation, the employer may request an informal conference
   regarding such violation with the Commissioner. If the employer fails to contest the
   violation by requesting such an informal conference within 21 days following receipt
   of the notice of the alleged violation, the violation and proposed penalty will become
   a final order of the Commissioner and not subject to review by any court or agency
   except upon a showing of good cause. Such informal conference shall result in a
   decision by the Commissioner that will be appealable to the appropriate circuit court.
   The Department shall send a copy of the Commissioner's decision to the employer by
   certified mail or overnight delivery service. The employer may file a notice of an
   appeal only within 30 days from the receipt of the decision. The appeal shall be on the
   agency record. With respect to matters of law, the burden shall be on the party
   seeking review to designate and demonstrate an error of law subject to review by the
   court. With respect to issues of fact, the duty of the court shall be limited to
   ascertaining whether there was substantial evidence in the record to reasonably
   support the Commissioner's findings of fact.