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BUREAU OF LABOR AND INDUSTRIES

 

DIVISION 21

WAGE AND HOUR COMMISSION

Rules Regulating the Employment of Minors in Oregon
Procedural Rules

839-021-0006

Definitions

As used in ORS 653.305 to 653.370 and in OAR 839-021-0001 to 839-021-0500, unless the context requires otherwise:

(1) "Agriculture" includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, fur-bearing animals, or poultry and any practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. "Agricultural employment" is employment in "Agriculture" as herein defined.

(2) "Bureau" means Bureau of Labor and Industries of the State of Oregon.

(3) "Commissioner" means the Commissioner of the Bureau of Labor and Industries.

(4) "Employ" has the same meaning as that which appears in ORS 653.010(2).

(5) "Employer" has the same meaning as that which appears in ORS 653.010(3).

(6) "Employment Certificate" means the employment certificate issued to employers for the employment of minors pursuant to ORS 653.307, and the employment permit referred to in ORS 653.320(3).

(7) "Harvest Season" means a period of time during which the crop or crops of the agricultural employer for whom a minor is employed are harvested. Work performed during the harvest season includes work in connection with the gathering of the crop but does not include cultivation and tillage of the soil or cultivation and growing of agricultural commodities.

(8) "Minor" means any person under 18 years of age.

(9) "Workday" means any fixed period of 24 consecutive hours.

(10) "Workweek" means any fixed and regularly recurring period of seven consecutive workdays.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 6-1988, f. & cert. ef. 4-12-88; BL 11-1991, f. & cert. ef. 10-31-91; BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

General Working Conditions

839-021-0067

Hours of Employment for Minors 16 and 17 Years of Age

(1) An employer may not employ a 16 or 17 year old to work more than 44 hours per week except those employed in organized youth camps or those employed in agricultural employment.

(2) An employer who wishes to employ a 16 or 17 year old to work more than 44 hours per week must be issued a Special Emergency Overtime Permit by the Bureau. This permit will not be issued unless:

(a) The number of hours do not exceed those provided by statute; and

(b) When the minor is not otherwise exempt from the overtime pay provisions of any law, the minor receives one and one half times the regular rate of pay for all hours worked over 40 in a workweek.

(3) The maximum number of hours for a 16 or 17 year old employed in a cannery is ten hours per day.

(4) An employer who wishes to employ a 16 or 17 year old in a cannery for time in excess of ten hours per day, may apply in writing to the Child Labor Unit of the Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St., Suite 1045, Portland OR 97232-2180.

(a) The employer must set out the full and complete circumstances of the proposed employment in the written application.

(b) The Bureau will investigate the terms and conditions of the proposed employment and if the Bureau determines that the character of the employment is suitable and that the employment will not adversely affect the physical and moral well-being of the minor, the Bureau will issue a Special Emergency Overtime Permit to the employer.

(5) If, after the investigations referred to in section (4)(b) of this rule, the Bureau determines that the character of the employment is unsuitable and that such employment will adversely affect the physical and moral well-being of the minor or that there is no adverse effect on the employment opportunities of the minor, the Bureau will refuse to issue a Special Emergency Overtime Permit.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 142, f. 6-28-73, ef. 7-15-73; BL 3-1979(Temp), f. & ef. 3-21-79; BL 5-1979(Temp), f. & ef. 5-16-79; BL 12-1979, f. & ef. 9-6-79; BL 11-1981(Temp), f. & ef. 10-30-81; BL 4-1982, f. & ef. 3-5-82; BL 6-1988, f. & cert. ef. 4-12-88; BL 11-1990, f. 8-16-90, cert. ef. 9-1-90; BL 11-1991, f. & cert. ef. 10-31-91; BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0070

Hours of Employment for Minors Under 16 Years of Age

(1) Except as otherwise provided in this rule, employment of minors under 16 years of age must be confined to the following periods:

(a) Outside school hours;

(b) Not more than 40 hours in any one week when school is not in session;

(c) Not more than 18 hours in any one week when school is in session;

(d) Not more than eight hours in any one day when school is not in session;

(e) Not more than three hours in any one day when school is in session;

(f) Between 7 a.m. and 7 p.m., except that during the summer (June 1 through Labor Day) the minor may work until 9:00 p.m.

(2) In the case of enrollees in work training programs conducted under Part B of Title I of the Economic Opportunity Act of 1964, there is an exception to the requirement of subsection (1)(a) of this rule if the employer has on file with the records kept pursuant to OAR 839-021-0170 an unrevoked written statement of the Regional Manpower Administrator of the U.S. Department of Labor or representative setting out the periods which the minor will work and certifying that the minor's employment confined to such periods will not interfere with the minor's health and well-being, countersigned by the principal of the school which the minor is attending with the principal's certificate that such employment will not interfere with the minor's schooling.

(3) In the case of students enrolled in a career exploration or other work experience program, there is an exception to subsection (1)(a) of this rule when:

(a) The minor is employed as a student learner pursuant to ORS 653.070; or

(b) The minor is enrolled in a school-supervised and school-administered work experience and career exploration program meeting the educational standards established and approved by the Oregon Department of Education.

(4) This rule does not apply when Title 29, CFR, Part 570, Subpart C, Section 570.35a would otherwise apply.

(5) Employment of minors enrolled in a program pursuant to sections (2), (3), and (4) of this rule must be confined to not more than 23 hours in any one week when school is in session and not more than three hours in any day when school is in session, any portion of which may be during school hours. Insofar as these provisions are inconsistent with the provisions of section (1) of this rule, this section will be controlling.

(6) The employment of a minor enrolled in a program pursuant to sections (2), (3), and (4) of this rule must not have the effect of displacing a worker employed in the establishment of the employer.

(7) The Bureau may waive the provisions of section (1)(f) of this rule and OAR 839-021-0246(4)(d) and authorize minors under 16 years of age employed by their parent(s) or person(s) standing in the place of their parent(s) to work as late as 9:00 p.m. when the Bureau determines that such hours of work will not be detrimental to the health, safety or education of the children so employed and the minor is supervised by the minor's parent(s) or person(s) standing in the place of their parent(s) during the extended hours employed. No minor may be employed to work in violation of the provisions of (1)(a), (b), (c), (d), and (e) of this rule or, in the case of minors under 14 years of age, in violation of OAR 839-021-0246(4)(a), (b), and (c).

(8) Pursuant to section (7) of this rule, a parent/employer desiring to employ a minor under 16 years of age later than the times permitted in section (1)(f) of this rule or OAR 839-021-0246(4)(d) may apply in writing to the Child Labor Unit of the Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St., Suite 1045, Portland OR 97232-2180. The Bureau will investigate the employment and the facts and circumstances set out in the application. If the Bureau determines that the employment is suitable and will not adversely affect the well-being of the minor(s), the Bureau will issue a special permit to the parent/employer, setting out the terms and conditions of the permit.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 11-1990, f. 8-16-90, cert. ef. 9-1-90; BL 15-1992, f. 12-14-92, cert. ef. 12-15-92; BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 13-2000, f. 5-31-00, cert. ef. 6-1-00; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 27-2009, f. 12-1-09, cert. ef. 1-1-10; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0072

Rest Periods and Meal Periods

(1) Every employer must provide to each minor employee a meal period of not less than 30 continuous minutes in the manner prescribed by OAR 839-020-0050. However, the exemption provided for by OAR 839-020-0050(3) does not apply to minor employees under the age of 16.

(2) Every employer must provide each minor employee a rest period of not less than 15 minutes in the manner prescribed by OAR 839-020-0050.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 142, f. 6-28-73, ef. 7-15-73; BL 13-1979, f. & ef. 9-6-79; BL 6-1988, f. & cert. ef. 4-12-88; BLI 4-1998, f. & cert. ef. 3-5-98; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0087

Working Conditions

(1) An employer may not employ any minor to work in the State of Oregon, except under the following conditions:

(a) Where a sanitary and safe work area is provided;

(b) Where adequate lighting is provided;

(c) Where adequate ventilation is provided;

(d) Where adequate washrooms are provided;

(e) Where adequate toilet facilities are provided;

(f) Where the employer is in full compliance with provisions of ORS Chapter 654 (The Oregon Safe Employment Act) and the rules and regulations promulgated thereunder. For the purposes of this rule, the compliance status of the employer is determined by the Occupational Safety and Health Division of the Department of Consumer and Business Services;

(g) Where the employer is in full compliance with the provisions of the following statutes relating to the payment of wages:

(A) ORS 652.110 to 652.190;

(B) ORS 652.610;

(C) ORS 653.010 to 653.265;

(D) ORS 279.348 to 279.365;

(E) Title 29, U.S.C., 201, et seq. (Federal Fair Labor Standards Act);

(F) Title 40, U.S.C., 276a. (Davis-Bacon Act);

(G) Title 41, U.S.C., 351, et seq. (Service Contract Act).

(2) When the following facilities are provided, an employer may not employ any minor to work in the State of Oregon unless:

(a) The rest rooms provided are adequate;

(b) The dressing rooms provided are adequate;

(c) The lunch rooms provided are adequate;

(d) The cot or stretcher provided for use in illnesses, accidents, or other emergencies is adequate.

(3) Upon expiration of ten days after receipt of notice and recommendations of the appropriate governmental agency with respect to temperature and humidity conditions or within such further time after receipt of the notice as may be prescribed by the Bureau, an employer may not employ any minor without complying with the recommendations.

(4) Every employer must provide to each minor when required by the nature of the work, "suitable seats," "suitable tables," and "suitable work benches":

(a) "Suitable seats" means convenient, comfortable and safe seats where the work is such that minors may sit while working. "Suitable seats" in cannery occupations means one for every three minors who work in or on inspection tables and inspection belts;

(b) "Suitable tables" and "suitable work benches" mean tables and work benches so constructed as to give the greatest possible comfort and convenience to minors where the nature of the work and the safety and convenience of the minor requires a bench or table.

(5) An employer may not require a minor to report for work without providing adequate work to earn a reasonable compensation, or paying to such minor a reasonable compensation in lieu thereof. As used in this paragraph:

(a) "Adequate work" means sufficient work to earn at least one-half the amount the minor would have earned at the minor's regular rate had the minor worked the hours that the minor and the employer previously agreed to;

(b) "Reasonable compensation" means the greater of:

(A) The amount the minor receives for one hour of work at the minor's regular rate of pay; or

(B) The amount determined by multiplying the minor's regular rate of pay by one-half the hours the minor and the employer agreed the minor would work.

(6) The provisions of section (5) of this rule do not apply when all the following conditions are met pertaining to the employer providing the minor notice not to report to work:

(a) The employer has a policy describing how notice not to report to work will be given minors; and

(b) The employer posts its notice policy in a conspicuous place frequented by employees at the worksite where the minor is employed; and

(c) The employer communicates this policy to the minor prior to the minor's first day of work; and

(d) The employer makes a good faith attempt to follow its policy so as to give the minor notice before the minor must leave home to travel to work; or

(7) When circumstances beyond the employer's control prevent the performance of the work the minor was to perform during the hours the minor had agreed to or was scheduled to work. Such circumstances include, but are not limited to, acts of nature (e.g., snowstorms, flooding), emergencies (e.g., fires, power outages), and unforeseeable equipment failures.

(8) The employer has the burden to maintain records sufficient to resolve any dispute arising under section (5) of this rule concerning the hours the minor agreed to or was scheduled to work.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 142, f. 6-28-73, ef. 7-15-73; BL 2-1987, f. & ef. 1-16-87; BL 6-1987, f. & ef. 3-19-87; BL 6-1988, f. & cert. ef. 4-12-88; BL 12-1990(Temp), f. 8-16-90, cert. ef. 8-17-90; BL 2-1991, f. 1-23-91, cert. ef. 2-14-91; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0092

Weight Lifting

No minor shall be required to lift excessive weights.

Stat. Auth.: ORS 653
Stats. Implemented: ORS 653.305
Hist.: BL 142, f. 6-28-73, ef. 7-15-73; BL 2-1987, f. & ef. 1-16-87; BL 6-1987, f. & ef. 3-19-87

Prohibited Employment

839-021-0097

Special Employment Situations

(1) No minor under 16 years of age:

(a) May be employed in an occupation or type of work declared hazardous by the Bureau (see OAR 839-021-0102);

(b) May be assigned any duties in connection with an organized youth camp prior to 6 a.m. or after 10 p.m., or more than eight hours per day;

(c) May be employed to act as a canvasser, peddler or "outside salesperson" as defined in ORS 653.010(7), from house to house.

(2) Except as provided in subsection (3) of this section, no minor may be employed at any work on or around any unenclosed commercial wharves or docks or in any unenclosed buildings extending over water, unless:

(a) There is located at the site of the work and conspicuously displayed at such site adequate safety equipment including, but not limited to:

(A) For every 30 linear feet of unenclosed area no less than one Type IV personal flotation device containing 16.5 pounds of buoyancy and one polypropylene line no less than 30 feet in length attached thereto;

(B) No less than one pole of not less than ten feet in length with a blunt hook attached thereto; and

(b) The minors so employed have been adequately instructed in the use of such equipment;

(c) There is provision made that no minor employee ever be required to work out of sight and hearing of another employee; and

(d) There is located at the site of the work and conspicuously displayed an alarm device adequate to alert all employees on the job site to the existence of a perilous situation.

(3) Minors may not be employed on or around fishing vessels except under the following conditions:

(a) Minors of 16 and 17 years of age may be employed as assistants on chartered fishing or pleasure boats;

(b) Minors of 14 and 15 years of age may be employed at dock areas used by chartered fishing or pleasure boats; and

(c) Minors may be employed on commercial fishing vessels without an employment certificate when employed and supervised by the minors' grandfather, grandmother, father, mother, brother, sister, uncle, or aunt.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 142, f. 6-28-73, ef. 7-15-73; BL 185, f. 1-30-76, ef. 2-1-76; BL 11-1978(Temp), f. 9-18-78, ef. 9-19-78; BL 14-1978, f. 12-13-78, ef. 1-17-79; BL 2-1979, f. & ef. 2-13-79; BL 1-1985, f. 2-21-85, ef. 3-1-85; BL 6-1988, f. & cert. ef. 4-12-88; BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0102

Occupations and Types of Work Declared Hazardous for Minors Under 16 Years of Age

(1) Pursuant to OAR 839-021-0097(1)(a), the Bureau hereby declares the following occupations and types of work to be hazardous and any employment by minors under 16 years of age is hereby prohibited:

(a) Baking;

(b) Blast furnaces;

(c) Breweries;

(d) Bridge operations;

(e) Briquet plants;

(f) Building cleaning (exterior);

(g) Cattle handling;

(h) Coal plants or bunkers;

(i) Cold storage plants;

(j) Commercial docks;

(k) Construction (alteration, repair, painting, or demolition of buildings, bridges, and structures);

(l) Cooking (except: cooking with a gas or electric grill that does not have an open flame; using a microwave to warm food; or using a deep fryer that is equipped with a device that automatically raises and lowers the basket);

(m) Creosoting works;

(n) Distilleries;

(o) Electric power plants, lines;

(p) Electric light plants, lines;

(q) Engineering works (construction, improvement, alteration, or repair of steam plants, water power plants, telephone, telegraph, or electric plants or lines or railroads, streets, highways, sewers, harbors, docks, or canals);

(r) Firefighting;

(s) Foundries;

(t) Garbage works;

(u) Gas works;

(v) Grain elevators;

(w) Gravel or sand plant or bunker;

(x) Ice plants;

(y) Kitchen cleaning of equipment when the surface is hotter than 100 degrees Fahrenheit, or filtering or disposing of cooking oil or grease that is hotter than 100 degrees Fahrenheit;

(z) Railroads;

(aa) Land clearing (with blasting or presence of heavy equipment);

(bb) Logging operations;

(cc) Longshoring;

(dd) Lumber loading;

(ee) Mechanical amusements;

(ff) Milk condenseries;

(gg) Mines;

(hh) Moving buildings, bridges, and structures;

(ii) Peace officer work;

(jj) Powder works;

(kk) Quarries;

(ll) Reduction works;

(mm) Rock crusher;

(nn) Smelters;

(oo) Stockyards;

(pp) Surveying;

(qq) Tanneries;

(rr) Tree surgery;

(ss) Well digging and drilling;

(tt) Window cleaning (outside above ground);

(uu) Wineries;

(vv) Wood cutting, sawing.

(2) The following occupations and types of work are declared to be hazardous for any minor under 16 years of age when the work is performed in rooms or areas having power-driven machinery:

(a) Boat repair shops;

(b) Canneries;

(c) Chop mills;

(d) Creameries;

(e) Cycle repair shops;

(f) Electrotyping plants;

(g) Engraving plants;

(h) Factories (manufacturing, repair, alteration);

(i) Feed mills;

(j) Flour mills;

(k) Garages;

(l) Grain warehouses;

(m) Irrigation works;

(n) Laundries;

(o) Lithographing plants;

(p) Mills;

(q) Motor repair shops;

(r) Photoengraving plants;

(s) Printing plants;

(t) Shipbuilding operations;

(u) Stereotyping plants;

(v) All kinds of work in workshops or any premise, room, or place where power-driven machinery is used in or incidental to adapting articles or goods for sale.

(3) The following occupations or types of work are declared to be hazardous for any minor under 16 years of age and these minors are permitted to perform office work only in the following operations:

(a) Auto wrecking yards;

(b) Junk dealers;

(c) Motor vehicle (transportation);

(d) Lumbering;

(e) Water works.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 116, f. 10-20-71, ef. 11-1-71, Renumbered from 839-021-0045; BL 6-1988, f. & cert. ef. 4-12-88; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 17-2006, f. 5-12-06, cert. ef. 5-15-06; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0104

Occupations Particularly Hazardous or Detrimental to the Health or Well-Being of Minors Under the Age of 18

(1) Except as provided in OAR 839-021-0285, an employer may not employ a minor under 18 years of age in any occupation declared particularly hazardous or detrimental to their health or well-being, except under terms and conditions specifically set forth by rules of the Bureau.

(2) Those occupations set out in Title 29 CFR, Part 570.51 to and including Part 570.68 as amended July 19, 2010 are hereby adopted as occupations particularly hazardous or detrimental to the health and well-being of minors 16 and 17 years of age and the regulations pertaining to these occupations set out in Title 29 CFR, Part 570.51 to and including Part 570.68 as amended July 19, 2010 are hereby adopted and incorporated by reference herein and are attached as Appendix 1.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 182, f. & ef. 11-14-75; BL 6-1988, f. & cert. ef. 4-12-88; BLI 3-1999, f. & cert. ef. 6-16-99; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 17-2006, f. 5-12-06, cert. ef. 5-15-06; BLI 19-2010, f. 9-28-10, cert. ef. 10-1-10; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0106

Occupations Involving Use of Explosives

(1) In addition to the provisions of Title 29 CFR, Part 570.51 (Hazardous Occupations Order 1) pertaining to occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components, no minor under the age of 18 may be employed in any occupation where explosive materials are manufactured, stored, or used, except in those occupations specified in subparagraphs (2) and (3) of this rule.

(2) This rule does not apply to the employment of minors in the following occupations:

(a) Occupations in retail establishments including the storage of ammunition in gunshops, sporting goods stores, building supplies and hardware stores, retail fireworks stands, and other retail establishments;

(b) Occupations in gun clubs, trap and skeet ranges, turkey shoots, certain armories, police stations, and other such areas where only small arms ammunition is being stored; and

(c) Occupations performed in a "nonexplosives area" as defined in subparagraph (3) below.

(3) An area meeting the following criteria shall be deemed a nonexplosives area:

(a) None of the work performed in the area involves the handling or use of explosives;

(b) 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;

(c) The area is separated from the explosives area by a fence or is otherwise located so that it constitutes a definite designated area; and

(d) Satisfactory controls have been established to prevent employees under 18 years of age within the area from entering any area which does not meet criteria (a) through (c).

Stat. Auth.: ORS 653.305 & 653.525
Stats. Implemented: ORS 653.305 & 653.525
Hist.: BLI 1-2005, f. & cert. ef. 1-3-05

General Record Keeping Requirements

839-021-0170

General Requirements

(1) Every employer employing minors must maintain and preserve records containing the following information and data with respect to each minor employed:

(a) Name in full, as used for social security recordkeeping purposes and on the same record, the minor's identifying symbol or number if such is used in place of name on any time, work or payroll records;

(b) Home address, including zip code;

(c) Date of birth;

(d) Sex and occupation in which the minor is employed (sex may be indicated by use of the prefixes Mr., Mrs., Miss or Ms.);

(e) Time of day and day of week on which the minor's workweek begins;

(f) Hours worked each workday and total hours worked each workweek;

(g) Date the minor became employed by the employer and date employment was terminated.

(2) In addition to the records referred to in section (1) of this rule, every employer employing minors under 16 years of age must maintain and preserve records containing the following information and data with respect to each minor under 16 years of age employed:

(a) The time of day that each minor began working and the time of day that each minor stopped working;

(b) A schedule of the maximum number of hours to be worked each day and each week by each minor.

(3) The records required to be maintained and preserved in sections (1) and (2) of this rule are required in addition to and not in lieu of any other recordkeeping requirement contained in OAR 839-021-0001 to 839-021-0500. However, when one record will satisfy the requirements of more than one rule, only one record will be required.

Stat. Auth.: ORS 653
Stats. Implemented: ORS 653.307
Hist.: BL 6-1988, f. & cert. ef. 4-12-88; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02

839-021-0175

Records Availability

(1) All records required to be preserved and maintained by OAR 839-021-0001 to 839-021-0500 shall be preserved and maintained for a period of at least two years.

(2) All employers shall keep the records required by OAR 839-021-0001 to 839-021-0500 in a safe and accessible place.

(3) All records required to be preserved and maintained by OAR 839-021-0001 to 839-021-0500 shall be made available for inspections and transcription by the Bureau.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 6-1988, f. & cert. ef. 4-12-88; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0180

Posting Requirements

(1) Every employer required to maintain a schedule of the maximum hours of work by minors under 16 years of age (see OAR 839-021-0170(2)(b)), must post the schedule in a conspicuous place where all such minors have easy access to it.

(2) Every notice required by any law or rule to be posted at the employer's place of business and that has applicability to the employment of minor employees must be displayed in a conspicuous place where all minors have easy access to them.

Stat. Auth.: ORS 653
Stats. Implemented: ORS 653.315(4)
Hist.: BL 6-1988, f. & cert. ef. 4-12-88; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02

839-021-0185

Verification of Age

(1) The employer must verify the age of all minors by requiring the minor to produce an acceptable proof of age document.

(2) As used in these rules, an acceptable proof of age document includes, but is not limited to:

(a) A birth certificate issued by any state, county, or municipal authority;

(b) A hospital record of birth;

(c) A state-issued driver's license or a state-issued I.D. card with a photograph, or information, including date of birth;

(d) A U.S. Military Card;

(e) A U.S. Passport;

(f) A Certificate of U.S. Citizenship;

(g) A Certificate of Naturalization;

(h) An unexpired foreign passport with attached Employment Authorization;

(i) An Alien Registration Card with photograph;

(j) A Social Security Administration record indicating date of birth;

(k) A Certificate of Age issued by the U.S. Department of Labor;

(l) A baptismal record;

(m) Other acceptable proof approved by the bureau.

(3) The employer must retain a record of the document used to verify the minor's age pursuant to the provisions of OAR 839-021-0170 and 839-021-0175. A notation in the minor's personnel file of which document was used to verify the minor's age or retaining a copy of the document will satisfy this requirement.

Stat. Auth.: ORS 653.305 & ORS 653.525
Stats. Implemented: ORS 653.307
Hist.: BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02

Issuance of Employment Certificates for the Employment of Minors

839-021-0220

Employment Certificates for the Employment of Minors 14 through 17 Years of Age

(1) Unless otherwise provided by rule, no minor 14 through 17 years of age may be employed or permitted to work unless the employer:

(a) Verifies the minor's age by requiring the minor to produce acceptable proof of age as prescribed by these rules; and

(b) Complies with the provisions of this rule.

(2) An employer may not employ a minor without having first obtained a validated employment certificate from the Bureau. Application forms for an employment certificate may be obtained from any office of the Bureau or by contacting the Child Labor Unit, Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon Street Suite 1045, Portland OR 97232, 971-673-0836, www.oregon.gov/BOLI.

(a) The Bureau will issue a validated employment certificate upon review and approval of the application. The validated employment certificate will be effective for one year from the date it was issued, unless it is suspended or revoked.

(b) If, after the issuance of a validated employment certificate, the duties of the minors are changed from those originally authorized under the employment certificate or the employer wishes to employ minors at an additional establishment, the employer must submit a "Notice of Change (to Annual Employment Certificate)" form to the Child Labor Unit, Wage and Hour Division of the Bureau of Labor and Industries. The "Notice of Change (to Annual Employment Certificate)" form must be submitted within 15 days of the change on a form provided by the Bureau. The Bureau will approve or deny any change(s) in duties and notify the employer. If the Bureau denies the changes, the employer must immediately reassign any affected minor to approved duties or terminate the minor's employment.

(3) The employer must post the validated employment certificate in a conspicuous place where all employees can readily see it. When the employer employs minors in more than one establishment, a copy of the validated employment certificate must be posted at each establishment. As used in this rule, "establishment" means a distinct physical place of business. If a minor is employed by one employer to perform work in more than one location, the minor will be considered employed in the establishment where the minor receives management direction and control.

(4) If the employer employs minors at more than one establishment, a copy of the Summary of Child Labor Laws provided to the employer by the Bureau pursuant to OAR 839-021-0221(4) must be provided by the employer to the manager of each establishment where minors will be employed.

(5) The employer must apply for a validated employment certificate once each year by filing a renewal application on a form provided by the Bureau. The renewal application must be received by any office of the Bureau no later than the expiration date of the validated employment certificate.

(6) If the Bureau’s review of any application indicates a failure to comply with any law or rule pertaining to the employment of minors or any order of the commission, the Bureau may deny the application and inform the employer of the reason(s) for the denial.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 117, f. 10-20-71, ef. 11-1-71, Renumbered from 839-021-0115; BL 6-1988, f. & cert. ef. 4-12-88; BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 4-1998, f. & cert. ef. 3-5-98; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 17-2006, f. 5-12-06, cert. ef. 5-15-06; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0221

Employment Certificates; Required Information

(1) The application form for an employment certificate must include:

(a) The name and address of the employer;

(b) The name and address of the company representative completing the application form;

(c) An estimate of the number of minors to be employed during the twelve month period covered by the application;

(d) A description of the duties to be performed by the minor(s);

(e) A description of the machinery or other equipment to be used by the minor(s);

(f) Whether 14 and 15 year-old minors are to be employed.

(2) The "Notice of Change (to Annual Employment Certificate)" must include:

(a) The name and address of the employer;

(b) The name and address of the company representative completing the notice;

(c) A description of the change in duties previously authorized;

(d) A description of any machinery or equipment to be used by any minor;

(e) Any address change(s) or additional establishments where minors are proposed to be employed. As used in this rule, "establishment" has the same meaning as defined in OAR 839-021-0220(3).

(3) The Renewal Application for an employment certificate must include:

(a) The name and address of the employer;

(b) The name and address of the company representative completing the application;

(c) The actual number of minors employed during the preceding 12 month period;

(d) An estimate of the number of minors to be employed during the 12-month period covered by the application;

(e) A description of the duties to be performed and the machinery and equipment to be used if different from the previous year or if there are no changes in duties, a statement to that effect;

(f) Any address change(s) or additional establishments where minors are proposed to be employed.

(4) The Bureau will send a summary of the child labor laws and rules to all employers applying for an employment certificate.

(5) The Bureau will provide upon request a "Notice of Change (to Annual Employment Certificate)” form with an explanation of its use.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 4-1998, f. & cert. ef. 3-5-98; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Minors Under 14 Years of Age

839-021-0246

Employment Permits for Minors Under 14 Years of Age

(1) No child under 14 years of age may be employed or permitted to work unless the employer has been issued a validated Employment Permit by the Bureau authorizing the child to work for that particular employer.

(2) A minor under 14 years of age and an employer who wishes to employ the minor under the provisions of ORS 653.320(4) which exempt the minor from the provisions of section (1), (2), or (3) of ORS 653.320, must make a joint application for an Employment Permit using a form supplied by the Wage and Hour Division and available at any office of the Bureau. The application must be delivered to the Child Labor Unit of the Wage and Hour Division, 800 NE Oregon St., Suite 1045, Portland OR 97232-2180. Each application must include:

(a) Minor's name and residence address, and the name and address of parents or legal guardian;

(b) Minor's date of birth and proof of age, consisting of either a certified copy of a birth certificate, hospital certificate, baptismal certificate, or other acceptable proof of age;

(c) Last grade in school completed and the school currently attended and its address;

(d) Name and address of prospective employer and nature of such employer's business;

(e) Amount of compensation to be paid;

(f) The maximum number of hours proposed to be worked on any given day, the maximum number of hours to be worked in any work week, and the maximum number of days proposed to be worked in any work week;

(g) A complete description of the work proposed to be performed;

(h) A separate certification by the employer that the minor will be continuously supervised by a responsible adult.

(3) The Bureau will investigate the circumstances of the proposed employment and the information contained in the application. If the Bureau determines that the character of the employment is suitable and that the employment will not adversely affect the well-being of the minor, the Bureau will issue an Employment Permit, setting out limitations concerning the employment deemed appropriate by the Bureau, which limitations should be consistent with the provisions of section (4) of this rule.

(4) Except as provided in OAR 839-021-0070(7), employment permits for the employment of minors under 14 years of age may be issued only under the following circumstances:

(a) Hours of employment for minors under 14 years of age during the term when schools are in session will be limited to not more than two hours after school hours; not more than six hours on Saturdays and Sundays; and not more than 18 hours per week, not to exceed five work days in one week;

(b) During any vacation period extending over a period of two weeks or longer, minors under 14 years of age may not be employed more than eight hours in any one day and not more than 40 hours in one week and not more than five work days in one week;

(c) Minors under 14 years of age may not be employed in any enterprise subject to the Federal Fair Labor Standards Act, (29 U.S.C. 201, et seq.), in any establishment where alcoholic beverages are dispensed or served, in any theater or amusement park, in any work that involves the minor in canvassing door to door, or in any establishment catering to adults only;

(d) Except as provided in OAR 839-021-0070, minors under 14 years of age may not be employed before the hour of 8 a.m. or after the hour of 6 p.m.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 6-1978, f. & ef. 8-7-78; BL 6-1988, f. & cert. ef. 4-12-88; BLI 13-2000, f. 5-31-00, cert. ef. 6-1-00; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Reporting

839-021-0248

Reports from Employers Employing Minors

Employers employing minors shall file reports that may be required by the Bureau.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 6-1988, f. & cert. ef. 4-12-88; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Special Rules for Temporary Employment of Several Minors for a Short Duration

839-021-0255

Special Rules for Temporary Employment of Several Minors for a Short Duration

(1) As used in this rule, unless the context requires otherwise:

(a) "Temporary employment of a short duration" means employment which terminates on or by the tenth day from the date of hire.

(b) "Several minors" means 10 or more minors.

(2) In circumstances involving temporary employment of a short duration where the employment of several minors is proposed, the prospective employer may comply with the provisions of rules OAR 839-021-0220 to 839-021-0248 (Employment Certificates and Employment Permits) or may address a letter application to the Child Labor Unit of the Wage and Hour Division setting out the full and complete circumstances of the proposed employment. The Bureau will investigate the proposed employment and if the Bureau determines that the character of the employment is suitable and that such employment will not adversely affect the physical and moral well-being of the minors, the Bureau will issue a special permit to the employer.

(3) Notwithstanding the provisions of subsection (1)(a) of this rule, the Bureau, for good cause shown, may issue a special permit pursuant to section (2) of this rule for more than 10 days if the Bureau determines that the circumstances of the proposed employment otherwise satisfy section (2) of this rule.

(4) Notwithstanding the provisions of section (2) of this rule, the Bureau, for good cause shown, may issue a special permit in circumstances other than as prescribed in OAR 839-021-0246(4) when it appears to the Bureau that the employment opportunities of the minor would be impaired and the employment, as determined by the Bureau, will not adversely affect the physical and moral well-being of the minor.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 6-1988, f. & cert. ef. 4-12-88; BL 14-1988(Temp), f. 8-2-88, cert. ef. 8-12-88; BL 1-1989, f. & cert. ef. 2-6-89; BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Employment of Minors in Door to Door Sales;Registration Certificates

839-021-0265

Employment of Minors to Act as Canvassers, Peddlers or Outside Salespersons from House to House

(1) Minors 16 and 17 years of age may not be employed to act as a canvasser, a peddler, or an "outside salesman" as defined in ORS 653.010(7), from house to house, unless the employer obtains and maintains a validated registration certificate issued by the Bureau.

(2) To register, an employer may obtain an application form from any office of the Bureau. Upon completion, the application must be filed with the Child Labor Unit of the Wage and Hour Division, 800 NE Oregon St., Suite 1045, Portland OR 97232-2180. The application form will be prescribed by the Bureau and must include, but not be limited to, space for:

(a) The employer's name, permanent address, and telephone number;

(b) The Oregon address and telephone number if different from permanent address and telephone number;

(c) A contact person's name, address and telephone number;

(d) A brief history of company;

(e) A complete description of the work to be performed by minors who are 16 and 17 years of age;

(f) An estimate of the ages and of the number of minors 16 and 17 years of age that may be employed during the period of certification;

(g) A statement that the employer agrees to comply with the provisions of ORS 653.010 to 653.545, OAR 839-021-0001 to 839-021-0265 and any terms and conditions specified by the Bureau;

(h) The name and address of the employer's workers' compensation insurer and policy or binder number;

(i) Other information which will assure the Bureau that employment of minors by the employer will be in compliance with any law or rule concerning the employment of minors; and

(j) The signature of the applicant.

(3) In the case of a renewal application, the employer must submit with the application, a report of minors employed during the previous year. The report must include, but not be limited to, the following information:

(a) The number of minors employed;

(b) Whether any workers' compensation insurance claims were filed by or for any minors while employed by the employer and the number of such claims; and

(c) Other information as may be deemed necessary by the Bureau.

(4) The Bureau will conduct an investigation of the facts and circumstances set out in the application for the registration certificate and may issue a certificate to the employer provided the provisions of OAR 839-021-0001 to 839-021-0265 have been met.

(a) The Bureau may set such terms and conditions upon the issuance of the certificate as the Bureau deems necessary or appropriate.

(b) The Bureau may refuse to issue or renew a certificate when it appears to the Bureau that the provisions of OAR 839-021-0001 to 839-021-0265 are not met or when the employer has violated any law or rule pertaining to the employment of minors.

(c) If the facts and circumstances or conditions under which the certificate is issued change, the employer must notify the Bureau of the change. The Bureau may modify the terms and conditions of the certificate, if any.

(d) Employers may apply for a registration certificate at any time and must apply to renew their registration by July 1 of each year. The registration will be effective through the following June 30.

(5) The Bureau may require the removal of minors from the employment of a registered employer when it appears to the Bureau that the employer has failed to comply with any law or rule pertaining to the employment of minors. Prior to the removal of minors from employment, the Bureau will consider the following factors:

(a) The past history of the employer in taking all necessary measures to prevent or correct violations of statutes and rules;

(b) Past violations, if any, of statutes and rules;

(c) The magnitude and seriousness of the violation; and

(d) Any other mitigating circumstances.

(6) When a registered employer is required by the Bureau to remove the minor employees from employment, the employer may request a hearing in accordance with OAR 839-022-0000 to 839-022-0060.

(7) The Bureau may revoke the registration certificate when it determines that the employer failed to comply with any rule or law covering the employment of minors. The employer must be accorded the opportunity of a hearing in accordance with OAR 839-022-0000 to 839-022-0060.

(8) In addition to all other rules, employers employing persons 16 and 17 years of age to act as a canvasser, peddler or "outside salesman" as defined in ORS 653.010(8) from house to house must provide each minor, before the minor begins work, with an identification card. The identification card must be shown to each customer or potential customer of the minor employed to act as a canvasser, peddler or "outside salesman" by the minor so employed. The identification card will be on a form prescribed by the Bureau. The identification card must include:

(a) A picture of the employee;

(b) The name of the employee;

(c) The name and local address of the employer;

(d) A statement to the effect that the employee is authorized to represent the employer as a canvasser, peddler or "outside salesman";

(e) A statement to the effect that the employer is registered with the Bureau of Labor and Industries, 800 NE Oregon St., Suite 1045, Portland OR 97232-2180, 971-673-0836;

(f) A statement that the card is not valid for any other employer; and

(g) Other information as the Bureau may require to carry out the purpose of this subsection.

(9) Notwithstanding OAR 839-021-0067, minors 16 and 17 years of age employed to act as a canvasser, a peddler or an "outside salesman," as defined in ORS 653.010(8), from house to house may not be employed past the hour of 9:00 p.m.

(10) The transportation of a minor employed to act as a canvasser, peddler, or "outside salesman" to and from the job site must be provided by the employer and must occur no later than 9:00 p.m. In the case of a minor who wants to provide the minor's own transportation, the employer must obtain the written consent of the minor's parents or legal guardian and maintain such written consent in the employer's files.

(11) No minor employed to act as a canvasser, peddler, or "outside salesman" may be transported to another state without the express written consent of a parent or legal guardian of the minor.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 1-1985, f. 2-21-85, ef. 3-1-85; BL 6-1988, f. & cert. ef. 4-12-88; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Employment of Minors in Agriculture

839-021-0276

Employment Certificates

(1) The provisions addressing Employment Certificates, OAR 839-021-0220 to 839-021-0221, do not apply to the employment of minors in agriculture except as follows:

(a) Minors employed to operate or assist in the operation of power-driven farm machinery;

(b) Minors employed to ride in or on power-driven farm machinery; and

(c) Minors employed to ride in or on equipment, trailers, or similar conveyances connected to power-driven farm machinery for the purpose of transporting, sorting, delivering, or otherwise processing farm products.

(d) Employment Certificates are not required under (a), (b) or (c) if a minor is employed by their parent or person standing in the place of their parent as provided by OAR 839-021-0297.

(2) The Employment Certificate application must be submitted to the Child Labor Unit, Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St., Suite 1045, Portland OR 97232-2180.

(3) Employers employing minors to operate power-driven farm machinery, to ride in or on power-driven farm machinery or to ride in or on equipment, trailers, or similar conveyances which are connected to power-driven farm machinery must not permit the minor to operate power-driven farm machinery, assist in the operation of the machinery, to ride in or on the machinery or to ride in or on equipment, trailers or similar conveyances which are connected to power-driven farm machinery, until the employer has complied with OAR 839-021-0280 or 839-021-0282.

Stat. Auth.: ORS 653.307(1), ORS 653.305 & ORS 653.525
Stats. Implemented: ORS 653.307(1) & ORS 653.365
Hist.: BL 5-1987, f. & ef. 2-20-87; BL 6-1988, f. & cert. ef. 4-12-88; BL 11-1991, f. & cert. ef. 10-31-91; BL 4- 1995, f. & cert. ef. 11-3-95; BLI 4-1998, f. & cert. ef. 3-5-98; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02

Power-Driven Farm Machinery

839-021-0280

Operation or Assisting in the Operation of Power-Driven Farm Machinery

(1) As used in this rule, "assist(ing) in the operation of power-driven farm machinery," includes starting, stopping, adjusting, feeding or any other activity involving physical contact associated with the operation of the machinery.

(2) Minors may not be employed to operate or assist in the operation of power-driven farm machinery unless:

(a) An Employment Certificate has been issued pursuant to OAR 839-021-0220; and

(b) The minor(s) has obtained a "Certificate of Training" on tractor operation or tractor and machinery operation issued by a 4-H Extension Service Program, or an approved secondary vocational agriculture program.

(A) The employer must obtain proof that the minor has a "Certificate of Training" on the operation of tractors or tractors and machinery operation; and

(B) The employer must retain a copy of such proof for two years from the date the minor was employed.

(3) In the event that neither a 4-H Extension Service nor vocational agricultural safety training program for the "Certificate of Training," as required in section (2)(b) of this rule, is available within 35 miles of a minor's residence, a 16 or 17 year-old minor may be employed to operate or assist in the operation of power-driven farm machinery otherwise prohibited if all of the following conditions are met:

(a) The minor is 16 or 17 years of age and the employer has verified the minor's age;

(b) The employer has obtained an Employment Certificate application pursuant to OAR 839-021-0220; and

(c) The minor, the minor's parent or guardian, and the employer of the minor sign a statement on a form prescribed by the commission certifying to all of the following:

(A) The training is not available within 35 miles of the minor's residence;

(B) The employer has provided to the minor not less than eight hours of instruction, four hours of which must be "hands-on" training under the supervision of an adult experienced in the safe and proper operation of the specific equipment the minor is to use before the minor begins work including, but not limited to, training related to the normal working hazards in agriculture, the equipment's instrument panel, equipment controls, daily maintenance and safety checks, starting and stopping the equipment, control of the equipment on different terrain, and the safe operation of hitches, power take-off and hydraulic controls, where applicable; and

(C) The employer agrees to supervise the minor continuously and closely while the minor operates the power-driven farm machinery, or, where such supervision is not feasible, agrees to check on the safety of the minor at intervals of no more than two hours during the operation of the equipment by the minor.

(4) The requirements for obtaining an Employment Certificate and a Certificate of Training do not apply to a minor employed by their parent(s) or person standing in the place of their parent as provided by OAR 839-021-0297.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 5-1987, f. & ef. 2-20-87; BL 6-1988, f. 4-12-88, cert. ef. 1-1-89; BL 4-1990, f. & cert. ef. 3-12-90; BL 11-1991, f. & cert. ef. 10-31-91; BL 4-1995, f. & cert. ef. 11-3-95; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 27-2009, f. 12-1-09, cert. ef. 1-1-10; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0282

Riding In or On Conveyances Connected to Power-Driven Farm Machinery

(1) A minor may not be employed to ride in or on equipment, trailers or similar conveyances which are connected to power-driven farm machinery for the purpose of transporting, sorting, delivering or otherwise processing farm products unless:

(a) An Employment Certificate has been issued pursuant to OAR 839-021-0220; or

(b) The minor(s) has obtained a "Certificate of Training" issued by a 4-H Extension Service Program, or an approved secondary vocational agriculture program as referred to in OAR 839-021-0280(2)(b).

(2) A minor 14 years of age or older who has not obtained a "Certificate of Training" as required by OAR 839-021-0280(2)(b) may be employed to ride in or on equipment, trailers or similar conveyances which are connected to power-driven farm machinery for the purpose of transporting, sorting, delivering, or otherwise processing farm products, if all of the following conditions are met:

(a) The employer has verified the minor's age;

(b) The employer has completed an Employment Certificate application, pursuant to OAR 839-021-0220; and

(c) The employer has provided to the minor not less than two hours of safety training as required by OR-OSHA rules and these rules relating to the specific machinery which the minor will be employed to ride in or on before the minor begins work including, but not limited to, training related to the normal working hazards in agriculture, safe equipment mounting and dismounting, unsafe practices, and safety features of the machinery; and

(d) The employer must closely supervise the minor while the minor rides in or on conveyances pulled by power-driven machinery. The employer must check on the safety of the minors at intervals of not less than two hours.

(3) The requirements for obtaining an Employment Certificate and a Certificate of Training do not apply to a minor employed by their parent(s) or person standing in the place of their parent as provided by OAR 839-021-0297.

Stat. Auth.: ORS 653
Stats. Implemented: ORS 653.307 & ORS 653.365
Hist.: BL 5-1987, f. & ef. 2-20-87; BL 6-1988, f. 4-12-88, cert. ef. 1-1-89; BL 4-1990, f. & cert. ef. 3-12-90; BL 4-1995, f. & cert. ef. 11-3-95; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02

Applicability of Other Rules to Employment of Minors in Agriculture

839-021-0285

Compliance with Other Rules

Employers employing minors in agriculture shall comply, unless specifically excluded by ORS 653.305 to 653.370 or these rules, with all rules pertaining to the employment of minors, including, but not limited to:

(1) Rules pertaining to rest periods (OAR 839-021-0072);

(2) Rules pertaining to meal periods (OAR 839-021-0072);

(3) Rules pertaining to working conditions and weight lifting (OAR 839-021-0087 and 839-021-0092);

(4) Rules pertaining to hazardous occupations for minors under 16 years of age (OAR 839-021-0102);

(5) Rules pertaining to hazardous occupations for minors between 16 and 18 years of age (OAR 839-021-0104);

(6) Notwithstanding the provisions of subsection (5) of this rule and the provisions of Title 29 CFR, Part 570.52, minors 16 and 17 years of age employed in agriculture as defined in OAR 839-021-0006(1) may be employed as motor-vehicle drivers and outside helpers.

Stat. Auth.: ORS 653.252
Stats. Implemented: ORS 653.305
Hist.: BL 5-1987, f. & ef. 2-20-87; BL 1-1989, f. & cert. ef. 2-6-89; BL 6-1991(Temp), f. & cert. ef. 6-21-91; BL 11-1991, f. & cert. ef. 10-31-91; BLI 3-1999, f. & cert. ef. 6-16-99

Employment of Minors in Agricultural Warehouses

839-021-0287

Agricultural Warehouses

(1) Minors under 16 years of age may not be employed in any room or place in an agricultural warehouse where power-driven machinery is used to process agricultural commodities.

(2) Minors 16 and 17 years of age may be employed to operate or assist in the operation of power-driven machinery in an agricultural warehouse provided:

(a) The employment is in connection with the processing of the agricultural commodity produced by the farmer for whom the minor is employed; and

(b) The employment is performed on the farm and for the farmer for whom the minor is employed; and

(c) The minor has been trained in the safe operation of the machinery as required by this rule.

(3) As used in section (2) of this rule:

(a) "Operate(ing)" power-driven machinery includes driving a motorized vehicle;

(b) "Assisting in the operation of power-driven machinery" includes starting, stopping, adjusting, feeding or any other activity involving physical contact associated with the operation of the machinery.

(4) Prior to the employment of minors 16 and 17 years of age to operate or assist in the operation of power-driven machinery in an agricultural warehouse, the employer must obtain proof that the minor has been trained in safe handling and operation of the machinery as required by OR-OSHA and these rules. The proof of training may be a document issued by a public or private entity other than the farmer attesting to the training. Employers must retain a copy of such proof for two years from the date the minor was employed.

(5) In the event that the safety training required by this rule is not available within 35 miles of the minor's residence, a 16 or 17 year old minor may be employed to operate or assist in the operation of power-driven machinery in an agricultural warehouse provided that the following conditions are continuously met:

(a) The employment is in connection with the processing of the agricultural commodity produced by the farmer for whom the minor is employed;

(b) The employment is performed on the farm and for the farmer for whom the minor is employed; and

(c) The employer provides to the minor before the minor begins work not less than six hours of instruction, two hours of which must be "hands on" training under the supervision of an adult experienced in the safe operation of the specific machinery the minor is to use. The training should include, but not be limited to, training related to the normal working hazards in the warehouse, the machinery's instrument panel, the machinery's controls, daily maintenance and safety checks, starting and stopping the machinery, control of the machinery, and the safe operation of hitches, power take-off and hydraulic controls, where applicable.

(6) The employer must provide close supervision of minors operating or assisting in the operation of the power-driven machinery.

(7) As used in this rule, an "agricultural warehouse" includes a building in which the processing of agricultural commodities is performed. Processing of agricultural commodities includes cleaning, packaging, storing and shipping of the commodities. For purposes of this paragraph, covered areas attached to the warehouse are considered to be part of the warehouse.

(8) As used in this rule, "employment in an agricultural warehouse" means employment confined to the inside of the building where the work is performed. A loading dock attached to the building is considered to be part of the building and employment on the dock is employment in the warehouse. However, employment close to or about the building or in or on structures not attached to the warehouse is not considered to be employment in the warehouse.

Stat. Auth.: ORS 653.305 & ORS 653.525
Stats. Implemented: ORS 653.305 & ORS 653.360
Hist.: BL 4-1995, f. & cert. ef. 11-3-95; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02

Hours Worked by Minors Employed in Agriculture

839-021-0290

Hours of Work of Minors Under 16 Years of Age in Agriculture

(1) Minors under 16 years of age may not be employed to work in agriculture while the school they attend is in session. As used in this rule, school is in session during the hours set by the school district in which the minor resides while employed in agriculture in accordance with the official school calendar of the district. A school week is any week in which school is in session for at least three days.

(2) The hours of work by minors in agriculture under 16 years of age may not exceed:

(a) Three hours a day on school days;

(b) Ten hours a day on non-school days;

(c) 25 hours a week during school weeks;

(d) From the last day of the most recently completed school year of the school district in which the minor resides while employed in agriculture to the first day of the school year immediately following the most recently completed school year of the district in which the minor resides while employed in agriculture:

(A) Ten hours per day; and

(B) 60 hours per week.

(e) Six days in any week at any time.

(3) Notwithstanding section (2) of this rule, when a minor under 16 years of age is employed in agriculture to operate or assist in the operation of power-driven farm machinery or when such minor is employed to ride in or on power-driven farm machinery as provided in OAR 839-021-0276 to 839-021-0285, the maximum number of hours the minor may work may not exceed:

(a) Three hours a day on school days;

(b) Eight hours a day on non-school days;

(c) Eighteen hours a week during school weeks;

(d) From the last day of the most recently completed school year of the school district in which the minor resides while employed in agriculture to the first day of the school year immediately following the most recently completed school year of the district in which the minor resides while employed in agriculture:

(A) Ten hours per day, 60 hours a week during the harvest season;

(B) Ten hours per day, 44 hours per week outside the harvest season;

(C) A greater number of weekly hours may be permitted when worked outside the harvest season pursuant to a Special Emergency Overtime Permit issued by the Bureau. However, even though a permit may be issued, the maximum number of hours worked in a week may not exceed 60.

(e) Six days in any week at any time.

(4) Notwithstanding sections (2) and (3) of this rule, the Bureau may issue special permits to employers for the employment of minors under 16 years of age in agriculture for more than the maximum number of hours provided in this rule when the Bureau determines that such hours of work will not be detrimental to the health and safety of the minors so employed.

(a) An employer desiring to employ a minor in agriculture for more than the maximum number of hours provided in this rule may apply in writing to the Child Labor Unit of the Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St., Suite 1045, Portland OR 97232-2180.

(b) The Bureau will investigate the employment and the facts and circumstances set out in the application. If the Bureau determines that the character of the employment is suitable and that the employment will not adversely affect the physical and moral well-being of the minor(s), the Bureau will issue a Special Emergency Overtime Permit to the employer, setting out the terms and conditions of the permit and the period of time for which it will be effective.

(5) Nothing in this rule should be construed to regulate the daily starting and quitting times of minors under 16 years of age who are employed in agriculture.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 11-1991, f. & cert. ef. 10-31-91; BL 2-1997(Temp), f. & cert. ef. 7-21-97; BL 10-1997, f. & cert. ef. 11-26-97; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 27-2009, f. 12-1-09, cert. ef. 1-1-10; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0292

Hours of Work of Minors 16 and 17 Years of Age in Agriculture

(1) When a minor who is 16 or 17 years of age is employed to operate or assist in the operation of power-driven farm machinery or when such minor is employed to ride in or on power-driven farm machinery as provided in OAR 839-021-0276 to 839-021-0285, the maximum number of hours the minor may work may not exceed:

(a) 25 hours a week during school weeks;

(b) From the last day of the most recently completed school year of the district in which the minor resides while employed in agriculture to the first day of the school year immediately following the most recently completed school year of the district in which the minor resides while employed in agriculture, 60 hours per week (notwithstanding OAR 839-021-0067(1));

(2) As used in this rule, the terms "school week" and "school is in session" have the same meaning as that provided in OAR 839-021-0290(1).

(3) Notwithstanding section (1) of this rule, the Bureau may issue special permits to employers for the employment of minors 16 and 17 years of age in agriculture for more than the maximum number of hours provided in this rule when the Bureau determines that such hours of work will not be detrimental to the health and safety of the children so employed.

(a) An employer who wishes to employ a minor 16 and 17 years of age in agriculture for more than the maximum number of hours provided in this rule may apply in writing to the Child Labor Unit of the Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St., Suite 1045, Portland, OR 97232-2180.

(b) The Bureau will investigate the employment and the facts and circumstances set out in the application. If the Bureau determines that the character of the employment is suitable and that the employment will not adversely affect the physical and moral well-being of the minor(s), the Bureau will issue a Special Emergency Overtime Permit to the employer, setting out the terms and conditions of the permit and the period of time for which it will be effective.

(4) Nothing in this rule should be construed to regulate the daily starting and quitting times of minors who are 16 or 17 years of age who are employed in agriculture.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 11-1991, f. & cert. ef. 10-31-91; BL 2-1997(Temp), f. & cert. ef. 7-21-97; BL 10-1997, f. & cert. ef. 11-26-97; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0293

Hours of Work When School Is in Session on a Year Around Basis

When the schools in the school district in which the minor resides while employed in agriculture during the harvest season are in session on a year around basis and the minor is authorized by the district not to attend classes, for purposes of these rules, school is not in session for the minor.

Stat. Auth.: ORS 653.305 & ORS 653.525
Stats. Implemented: ORS 653.305
Hist.: BL 11-1991, f. & cert. ef. 10-31-91

839-021-0294

Voc-Ed and Cooperative Education Programs

When a student under 16 years of age is enrolled in a course of study and training in a cooperative vocational agricultural training program recognized by the State Board of Education, the Bureau may, upon consideration of the circumstances, issue a special permit authorizing the minor to work during the hours that school is in session. The permit will contain such conditions as the Bureau deems appropriate.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 11-1991, f. & cert. ef. 10-31-91; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Minors Employed by Parents in Agriculture

839-021-0297

Parental Exemption

(1) Notwithstanding any other rule, minors of any age may be employed by their parent or person standing in the place of their parent at any time in any occupation on a farm owned or operated by their parent or person standing in the place of their parent.

(2) A person standing in the place of a parent includes the following persons:

(a) Grandfather, grandmother, uncle, aunt, brother or sister;

(b) A person who, having custody or control of the minor, is responsible for the minor’s care and financial support;

(c) An agricultural employer who employs a minor in agriculture while the minor lives and works on a farm during any school vacation period of three weeks or more.

(A) The employment arrangement must be agreed to by the agricultural employer and the parents, or other persons having custody or control of the minor; and

(B) A copy of the agreement must be filed with the Bureau.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 11-1991, f. & cert. ef. 10-31-91; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Employment of Minors in the Entertainment Industry

839-021-0300

Definitions

As used in OAR 839-021-0300 to 839-021-0380 unless the context requires otherwise:

(1) "Employment of Minors in the Entertainment Industry" shall include engagements as an entertainer or performer in motion pictures, television, radio, still photography, recording, modeling, theatrical appearances, rodeos, musical performances and any other activity wherein minors perform to entertain the public. Such employment shall not include appearances in school activities, church pageants or other appearances where minors are not employed as an entertainer or performer. (Performances arising as a result of lessons or classes, for example, are not normally considered to be employment.)

(2) "Long Term Employment" means employment lasting or contemplated to last more than five working days.

(3) "Short Term Employment" means employment lasting or contemplated to last five working days or less.

Stat. Auth.: ORS 653
Stats. Implemented: ORS 653.305
Hist.: BL 9-1984, f. & ef. 8-7-84; BL 6-1988, f. & cert. ef. 4-12-88

839-021-0305

Application of Rules

OAR 839-021-0001 to 839-021-0285 shall apply to the employment of minors in the entertainment industry. However, when there is a conflict between OAR 839-021-0001 to 839-021-0285 and 839-021-0300 to 839-021-0380, the latter shall apply.

Stat. Auth.: ORS 653
Stats. Implemented: ORS 653.305
Hist.: BL 9-1984, f. & ef. 8-7-84; BL 6-1988, f. & cert. ef. 4-12-88

Employment Certificates

839-021-0310

Employment Certificates

(1) When minors are employed in the entertainment industry in long term employment, employers must obtain employment certificates in accordance with OAR 839-021-0220 to 839-021-0248.

(2) When minors are employed in the entertainment industry in short term employment, employers may obtain a special permit pursuant to OAR 839-021-0255 or an Employment Certificate in accordance with OAR 839-021-0220 to 839-021-0248.

(3) A registered employer (see OAR 839-021-0320) is not required to obtain a special permit for minors employed in short term employment when all of the following conditions are met:

(a) The employment is in connection with the production of commercial advertising in any media including, but not limited to, radio, television, newspaper or magazines; or

(b) The employment is in connection with films or other entertainment productions which are produced for education, training, or institutional purposes or documentaries; and

(c) The employment does not exceed the hours specified in OAR 839-021-0335; and

(d) The duties to be performed are not prohibited by any law or rule; and

(e) The permission of a parent has been obtained.

Stat. Auth.: ORS 653.305 & ORS 653.525
Stats. Implemented: ORS 653.307
Hist.: BL 9-1984, f. & ef. 8-7-84; BL 6-1988, f. & cert. ef. 4-12-88; BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02

839-021-0315

Special Hours Variance for Entertainment Employers

Employers, including registered employers, must apply for a special hours variance when the contemplated employment will exceed the maximum hours prescribed in OAR 839-021-0335. Employers must address a letter application to the Child Labor Unit of the Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St., Suite 1045, Portland, OR 97232-2180 setting out the full and complete circumstances of the proposed employment and the reasons why a special hours variance is being requested.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84; BL 6-1988, f. & cert. ef. 4-12-88; BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Employer Registration Certificate

839-021-0320

Registered Employers

(1) In circumstances involving the employment of minors in short term employment, employers may satisfy the requirements of OAR 839-021-0310 by obtaining a registration certificate.

(2) Employers may apply for a registration certificate at any time and may apply to renew their registration by July 1 of each year. The registration will be effective through the following June 30.

(3) To register, an employer may obtain an application form from any office of the Bureau. Upon completion, the application must be filed with the Child Labor Unit of the Wage and Hour Division, 800 NE Oregon St., Ste 1045, Portland OR 97232. The application form will be prescribed by the Bureau and will include, but not be limited to, space for:

(a) The employer's name, permanent address, and telephone number; and

(b) The Oregon address and telephone number if different from permanent address and telephone number; and

(c) A contact person's name, address and telephone number; and

(d) A brief history of company; and

(e) A description of the kinds of events, activities, or productions contemplated which may involve the employment of minors in short term employment; and

(f) An estimate of the ages and number of minors that may be employed in short term employment; and

(g) A brief description of the types of work expected of such minors; and

(h) A statement that the employer agrees to comply with the provisions of ORS 653.010 to 653.545, OAR 839-021-0001 to 839-021-0500 and any terms and conditions specified by the Bureau;

(i) Name and address of workers' compensation insurer and policy or binder number;

(j) Other information as will assure the Bureau that employment of minors by the employer will be in compliance with any law or rule concerning the employment of minors; and

(k) The signature of the applicant.

(4) No less than 24 hours prior to the employment of minors for a short duration, the registered employer must notify the Child Labor Unit of the Wage and Hour Division, which is located at 800 NE Oregon St., Ste 1045, Portland OR 97232. (Telephone Number 971-673-0836.) The notification may be accomplished by letter, in person or by telephone and must include:

(a) Approximate number of minors to be employed;

(b) Approximate ages of minors to be employed;

(c) Description of the duties to be performed by the minors;

(d) Approximate hours the minors will work;

(e) Dates the minors are to be employed;

(f) The physical location where the work is to be performed.

(5) In the case of a renewal application, the employer must submit with the application, a report of minors employed during the previous year. The report must include, but not be limited to, the following information:

(a) The number of minors employed in short term employment pursuant to OAR 839-021-0310(3);

(b) Whether any worker's compensation insurance claims were filed by or for any minors while employed by the employer and the number of such claims;

(c) Other information as may be deemed necessary by the Bureau.

(6) The Bureau will conduct an investigation of the facts and circumstances set out in the application for the registration certificate and may issue a certificate to the employer provided the provisions of OAR 839-021-0001 to 839-021-0500 have been met.

(a) The Bureau may set such terms and conditions upon the issuance of the certificate as the Bureau deems necessary or appropriate.

(b) The Bureau may refuse to issue or renew a certificate when it appears to the Bureau that the provisions of OAR 839-021-0001 to 839-021-0500 are not met or when the employer has violated any law or rule pertaining to the employment of minors.

(7) If the facts and circumstances or conditions under which the certificate is issued change, the employer must notify the Bureau of the change. The Bureau may modify the terms and conditions of the certificate, if any.

(8) The Bureau may require the removal of minors from the employment of a registered employer when it appears to the Bureau that the employer has failed to comply with any law or rule pertaining to the employment of minors.

(9) Prior to the removal of minors as indicated in section (8) of this rule, the Bureau will consider the following factors:

(a) The past history of the employer in taking all necessary measures to prevent or correct violations of statutes and rules; and

(b) Past violations, if any, of statutes and rules; and

(c) The magnitude and seriousness of the violation; and

(d) Any other mitigating circumstances.

(10) When a registered employer is required by the Bureau to remove the minor employees from employment, the employer may request a hearing in accordance with OAR 839-022-0000 to 839-022-0060.

(11) The Bureau may revoke the registration certificate when it determines that the employer failed to comply with any rule of the commission or law covering the employment of minors. The employer must be accorded the opportunity of a hearing in accordance with OAR 839-022-0000 to 839-022-0060.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84; BL 6-1988, f. & cert. ef. 4-12-88; BLI 4-1998, f. & cert. ef. 3-5-98; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Education

839-021-0325

School Release/Instruction/Waiver

(1) The employer must obtain a release from the Superintendent, or designee, of the school district in which the minor's school is located, when the employment requires the minor's absence from school for more than five days.

(2) The employer must provide minors under 16 years of age with no less than three hours of instruction per day, excluding Saturday and Sunday. The instruction must be provided by a teacher certified to teach in Oregon or, when the minors travel to Oregon from another state, certified to teach such minors in the state where the minors normally attend school. The instruction must be provided under the following circumstances:

(a) When the school the minor is attending is in session; and

(b) When the employment requires the minor's absence from school for more than five days.

(3) The employer is responsible for ensuring that adequate instruction is provided to minors under 16 years of age. If adequate instruction is not available at the job site, the employer must provide the minors with relief from their duties for the purpose of attending a school. As used in this section, "adequate instruction" means educational instruction of no less than three hours per day which is provided by a teacher certified to teach as indicated in section (2) of this rule.

(4) The employer may apply to the Bureau for a special waiver from the provisions of sections (1) and (2) of this rule by submitting a letter application to the Bureau setting out the reasons for the waiver request. In the case of an emergency, the employer may make an application by telephone by calling the Child Labor Unit of the Wage and Hour Division at 971-673-0836 and setting out the reasons for the waiver request. The Bureau may temporarily grant or deny the application.

(5) As the Bureau does not have the authority to certify persons to teach minors, interested persons should contact the Oregon Teacher Standards and Practices Commission for information regarding the teaching certification requirements in Oregon.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84; BL 6-1988, f. & cert. ef. 4-12-88; BLI 4-1998, f. & cert. ef. 3-5-98; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Supervision

839-021-0330

Supervision

(1) The employer must provide appropriate care and supervision of each minor at all times during the minor's employment.

(2) The employer must provide a sufficient number of supervisors to ensure the safety of the minors employed. The following number of supervisors is considered to be sufficient to ensure the safety of the minors:

(a) At least one supervisor for nine or fewer minors employed;

(b) At least one supervisor for each multiple of ten, or part thereof, minors employed;

(c) The Bureau may require a greater or lesser number of supervisors as individual circumstances warrant.

(3) Example of the minimum number of supervisors required by section (2) of this rule:

(a) At least one, not more than nine minors employed — Numbers of supervisors required: One;

(b) At least ten, not more than 19 minors employed — Number of supervisors required: Two;

(c) At least 20, not more than 29 minors employed — Number of supervisors required: Three;

(d) At least 30, not more than 39 minors employed — Number of supervisors required: Four.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84; BL 6-1988, f. & cert. ef. 4-12-88; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Hours of Work

839-021-0335

Working Hours

(1) No minor may be employed to work more than six consecutive days.

(2) For purposes of determining the number of consecutive days of work, the following days will be considered as work days:

(a) Days when the transportation of the minor is more than four hours duration;

(b) Days the minor attends school and does not work.

(3) Example of determining the number of days:

(a) Travel Days: Three hours on one day — School Days: Three — Work Days: Two — Total: Five;

(b) Travel Days: Five hours on one day — School Days: Two — Work Days: Three — Total: Six.

(4) The allowed time at the place of employment as used in this section includes transportation between the employer's studio (or location headquarters) and any location. This time also includes any makeup, hairdress, wardrobe and rehearsal time as required by the employer.

(5) When a school which the minor regularly attends is in session, the minor will be permitted at the place of employment according to the following schedule:

(a) Ages 14–17: 11 hours a day including rest and meal breaks and, when required, an average of three hours of instruction;

(b) Ages 10–13: Ten hours a day including rest and meal breaks and, when required, an average of three hours of instruction;

(c) Ages 6–9: Nine hours a day including rest and meal breaks and, when required, an average of three hours of instruction;

(d) Ages 4–5: Seven hours a day, or eight hours a day if the minor is transported, including meal breaks and an average of three hours of rest, recreation, and instruction when required. Where the minor is enrolled in the first grade or above, an average of three hours of instruction must be provided when required.

(6) When the school in which the minor is enrolled is not in session, the minor will be permitted at the place of employment according to the following schedule:

(a) Ages 14–17: 11 hours a day including rest and meal breaks;

(b) Ages 10–13: Ten hours a day including three hours of rest, recreation, and meal breaks;

(c) Ages 6–9: Nine hours a day including three hours of rest, recreation, and meal breaks;

(d) Ages 4–5: Seven hours a day including three hours of rest, recreation, and meal breaks, or up to eight hours a day if the minor is transported;

(e) Ages 2–3: Six hours a day including three hours of rest, recreation, and meal breaks;

(f) Ages 1–2: Five hours a day including 2-1/2 hours of rest and recreation and meal breaks;

(g) Ages over six months– one: Four hours a day including two hours of rest and recreation and meal breaks;

(h) Ages 15 days–six months: Two hours a day, no more than 20 minutes of which will be spent as work time.

(7) The minor's working day must end according to the following schedule:

(a) Ages over six months–5: 6:30 p.m.;

(b) Ages 6–8: 7:30 p.m.;

(c) Ages 9–10: 9:00 p.m.;

(d) Ages 11–14: 9:30 p.m.;

(e) Ages 15–17: 10:00 p.m. on evenings preceding a day in which the minor will attend the school in which he or she is enrolled; 12:30 a.m. in all other circumstances.

(8) Infants over the age of 15 days and up to and including six months may only work between the hours of 9:00 a.m. and 4:30 p.m.

(9) Minors over the age of six months and under 14 years may not commence their working days prior to 7:00 a.m. Minors between the ages of 14 and 18 years may not commence their working day prior to 5:30 a.m.

(10) A minor must receive a 12 hour rest break at the end of the minor's working day and prior to the commencement of the minor's next day of work or attendance at regular school.

(11) The employer may apply to the Bureau for a special waiver from the provisions of sections (1) through (9) of this rule by submitting a letter application to the Bureau setting out the reasons for the waiver request. In the case of an emergency, the employer may make an application by telephone by calling the Child Labor Unit of the Wage and Hour Division at 971-673-0836 and setting out the reasons for the waiver request. The Bureau may temporarily grant or deny the application.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84; BL 6-1988, f & cert. ef. 4-12-88; BL 3-1993(Temp), f. & cert. ef. 4-2-93; BL 13-1993, f. 10-29-93, cert. ef. 11-1-93; BLI 4-1998, f. & cert. ef. 3-5-98; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Working Conditions

839-021-0340

Rest Periods

Employers shall provide minors with rest periods as prescribed by OAR 839-021-0072(2).

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84 ; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0345

Meal Periods

Employers shall provide minors with meal periods as prescribed by OAR 839-021-0072(1).

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Other Working Conditions

839-021-0350

Other Working Conditions

(1) Employers shall, at any time, allow parents or legal guardians access to their minor children employed in the entertainment industry.

(2) Employers must provide the following:

(a) A safe and secure place for minors to rest and play; and

(b) Suitable nursery and rest facilities.

(3) Minors under six months of age may not be exposed to lights of greater than 100 foot candle-light intensity for more than thirty seconds at a time.

(4) Employers shall provide worker's compensation insurance coverage for all minors in accordance with the laws of the State of Oregon.

(5) Transportation to the closest medical facility providing emergency services must be available at all times while minors are present.

(6) On location, the employer shall provide return transportation for the minor promptly upon dismissal.

(7) Employers shall comply with all statutes and rules concerning the employment of minors.

(8) No employer shall expose a minor to undue emotional stress while employing a minor in the entertainment industry.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Prohibited Performances

839-021-0355

Prohibited Performances

(1) No employer may employ a minor in the entertainment industry in any occupation declared particularly hazardous pursuant to OAR 839-021-0102 and 839-021-0104 or in employment prohibited by 839-021-0097 and 839-021-0276 to 839-021-0285. However, a safe simulation of such employment may be allowed.

(2) Minors under fifteen days of age may not be employed in the entertainment industry.

(3) Minors under one year of age may not be employed in the entertainment industry unless the employer can demonstrate a need for such minor. A separate letter of application must be submitted to the Child Labor Unit of the Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St., Suite 1045, Portland, OR 97232-2180 setting forth the details of the needed employment. The letter must include:

(a) A complete description of the action in which the minor is expected to participate; and

(b) Certification that the minor will not be engaged for longer than the hours allowed by OAR 839-021-0335; and

(c) A signed statement from the minor's parent permitting the employment; and

(d) A signed statement from a physician licensed by the Oregon State Board of Health attesting that the minor is physically able to perform the expected duties. The physician's statement must be accompanied by the physician's complete address and the physician's agreement to furnish the Bureau of Labor and Industries with any or all of the information necessary to confirm the particulars of such statement.

(4) No employer may employ a minor under one year of age in the entertainment industry unless a registered nurse is present and available to the minor at all times while the minor is present.

(5) No employer may employ a minor in the entertainment industry when the employment would place the minor in a clear and present danger to life and limb. If the minor believes there exists such danger, the employer must, at the same time, discuss the matter with the minor and the minor's parent or guardian together. If the minor persists in the belief that a clear and present danger to life and limb exists, regardless of its validity, the employer must not require the minor to perform the activity the minor believes will present such danger.

(6) No employer may employ a minor to participate in a performance in the entertainment industry unless the minor has been trained to portray it safely.

(7) No employer may employ a minor to participate in, or be present during, an obscene performance or the depiction of an obscene performance in violation of ORS 163.665 to 163.695 or 167.060 to 167.095.

(8) No employer may employ a minor in a place of public amusement or entertainment in violation of ORS 167.830 to 167.840.

(9) No employer may employ a minor to be exhibited in a trance.

(10) Notwithstanding the provisions of OAR 839-021-0102 and this rule, upon written request, the Bureau may, for good cause shown, exempt the employment of a minor under 16 years of age in the entertainment industry from the provisions of OAR 839-021-0102 and this rule after determining that the exemption will not be detrimental to the health or safety of the minor affected. Such exemption will be granted only under circumstances including but not limited to the following:

(a) The employment is not in violation of federal child labor regulations;

(b) The minor employee is adequately trained to perform the duties requested;

(c) The minor employee will be adequately supervised in performing the duties of the position;

(d) The parent or person standing in the place of the minor's parent has given written consent for the employment of the minor to perform duties otherwise prohibited; and

(e) The employer complies with all other applicable provisions of laws and rules.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84; BL 6-1988, f. & cert. ef. 4-12-88; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2004(Temp), 7-29-04 thru 1-24-05; BLI 1-2005, f. & cert. ef. 1-3-05; BLI 19-2010, f. 9-28-10, cert. ef. 10-1-10; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0360

Special Permit, Hours Variance or Employment Certificate May Be Refused

When it appears to the Bureau that the proposed employment would be prohibited by OAR 839-021-0355, the Bureau may refuse to issue any special permit, hours variance or employment certificate.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84; BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Recordkeeping Requirements/Posting

839-021-0365

Required Records

(1) Employers, including registered employers, employing minors in long-term employment and unregistered employers employing minors in short-term employment must maintain the following records for a period of two years from the date of initial employment:

(a) Name, address and telephone number of all minors employed;

(b) Total hours worked each day and each week;

(c) Daily starting and quitting time;

(d) Age of each minor;

(e) Date authorized to employ such minors by the Bureau;

(f) Rate of wage and total wages paid each week;

(g) Any deductions, rebates or refunds taken from an employee's total wages and the net amount of wages paid;

(h) Any payroll or other such records pertaining to the employment of minors.

(2) Registered employers employing minors in a single engagement in short term employment must comply with section (1) of this rule. When, in a single engagement, the number of minors employed is more than five, the registered employer must maintain the following records for a period of two years from the date employment began on the particular engagement:

(a) Total number of minors employed on the engagement;

(b) Dates the minors were employed;

(c) Approximate ages of the minors;

(d) Date notification made to the Child Labor Unit pursuant to OAR 839-021-0320(4).

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84; BLI 4-1998, f. & cert. ef. 3-5-98; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0370

Records Availability

All employers must make available to representatives of the Wage and Hour Division of the Bureau, records necessary to determine whether the employer is complying with OAR 839-021-0300 to 839-021-0375. Such records include, but are not limited to, the records described in OAR 839-021-0365. Such records must be made available to such representatives for inspection and transcription during normal business hours.

Stat. Auth.: ORS 651.060(4), 653.261
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84; BL 6-1988, f. & cert. ef. 4-12-88; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

839-021-0375

Posting

In addition to other postings required by law, registered employers must post the Registration Certificate in a conspicuous place at their place of business.

Stat. Auth.: ORS 653
Stats. Implemented: ORS 653.315(4) & ORS 653.320(4)
Hist.: BL 9-1984, f. & ef. 8-7-84; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02

Penalties

839-021-0490

Penalties

(1) In addition to any civil penalties which may be assessed by the Commissioner pursuant to ORS 653.370, the Bureau may, at its discretion, revoke the right of an employer to hire minors in the future if it is determined by the Bureau that the employer has failed to comply with the provisions of 653.305 to 653.340 or with OAR 839-021-0210 to 839-021-0248.

(2) Prior to the revocation of the right to employ minors in the future an employer may request a contested case hearing pursuant to the Administrative Procedures Act (ORS Chapter 183).

Stat. Auth.: ORS 651.060(4), 653.261 \
Stats. Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013), ORS 653
Hist.: BL 9-1984, f. & ef. 8-7-84; BL 6-1988, f. & cert. ef. 4-12-88, Renumbered from 839-021-0380; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14

Exemptions

839-021-0500

Exemptions

The provisions of ORS 653.305 to 653.370 and OAR 839-021-0001 to 839-021-0500 do not apply to employers employing minors in the following work or occupations:

(1) Domestic work or chores in or about a private residence.

(2) Newspaper carrier.

(3) Newspaper vendor.

(4) Persons under 18 years of age serving as a referee or assistant referee in a youth or adult recreational soccer match.

Stat. Auth.: ORS 653
Stats. Implemented: ORS 653.315 & ORS 653.355
Hist.: BL 6-1988, f. & cert. ef. 4-12-88; BLI 3-2002, f. 1-23-02, cert. ef. 1-24-02; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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