CHAPTER 434

An Act to amend and reenact 8§ 40-96, and 40-97, as amended, 40-100,
40-100.6, 40-101, 40-102, 40-104 as amended, 40-105, 40-106, 40-107,
40-108, 40-109 as amended, 40-110, 40-111, 40-114, 40-116 and 40-118
of the Code of Virginia, all relating to employment of children, and
to amend the Code of Virginia by adding a section numbered 40-100.-
4:1, to prescribe the conditions for employment of children pursuant
to a work-training certificate in certain cases.
Be it enacted by the General Assembly of Virginia:

1. That §§ 40-96 and 40-97, as amended, 40-100, 40-100.6, 40-101, 40-102,
40-104 as amended, 40-105, 40-106, 40-107, 40-108, 40-109 as amended,
40-110, 40-111, 40-114, 40-116 and 40-118 of the Code of Virginia be
amended and reenacted, and that the Code of Virginia be amended by add-
ing a section numbered 40-100.4:1, as follows:

§ 40-96. No child under fourteen years of age shall be employed,
permitted or suffered to work in, about or in connection with any gainful
occupation, except farm work performed outside of school hours with the
consent of the child’s parent or guardian, and except as specified in this
chapter.

No child under sixteen years of age shall be employed, permitted or
suffered to work in, about or in connection with any gainful occupa-
tion during schools hours, unless he has completed high school, or unless
he has reached the age of fourteen and a provisional employment certificate
has been issued for his employment as provided in § 40-100.5, or unless he
has reached the age of fourteen and is enrolled in a regular school work-
training program and a work-training certificate has been issued for his
employment as provided in § 40-100.4. *

No child under sixteen years of age shall be employed, permitted or
suffered to work in any manufacturing or mechanical establishment or
commercial cannery at any time, except in purely office work *. Nothing
in the preceding sentence shall be construed as applying to community non-
commercial packing or canning establishments and nothing in this or the
following section shall be construed as qualifying the provisions of §§
40-109, 40-110 or 40-111.

§ 40-97. Except as provided in §§ 40-108, * 40-111, 40-114 and 40-118,
no child under eighteen years of age shall be employed, permitted or
suffered to work in, about or in connection with any gainful occupation:

(1) More than six days in any one week, except on farms, orchards
or in gardens;

(2) More than forty hours in any one week;

(3) More than eight hours in any one day; nor

(4) Before the hour of seven o’clock in the morning or after the hour
of six o’clock in the evening, except on farms, in orchards or in gardens’* ;
provided that boys over fifteen years of age may be employed after the
hour of five o’clock in the morning; provided further that boys and girls
fourteen and fifteen years of age may be employed after the hour of seven
o’clock in the morning and may work as late as ten o’clock in the evening
on any day not followed by a school day if the superintendent of schools of
the county or city of residence of such child, or if there is none then a person
designated by the State Superintendent of Public Instruction, approves
the application of any such child; provided finally that when the local
superintendent of schools or the person designated by the Superintendent
of Public Instruction permits such work he shall set out his reasons tn
full in writing for so doing and send a copy thereof with a copy of the
work permit to the Commissioner of Labor and Industry.

Boys sixteen and seventeen years of age may be employed until midnight,
and girls of such age who are enrolled in school may be employed until ten
o’clock in the evening, and girls of such age who are not enrolled in school
may be employed until eleven o’clock in the evening.

No child under eighteen years of age shall be employed or permitted
to work for more than five hours continuously without an interval of at
least thirty minutes for a lunch period, and no period of less than thirty
minutes shall be deemed to interrupt a continuous period of work.

For the purposes of this chapter the word “day” shall be construed to
mean any period of twenty-four consecutive hours. The word “week” shalt
be construed to mean any seven consecutive days. Provided, however, that
nothing in this section shall be construed to prohibit an employee from
working shift work after an unbroken rest period of twelve hours.

§ 40-100. No child under eighteen years of age shall be employed,
permitted or suffered to work, in, about or in connection with any gainful
occupation with the exception of work on farms, orchards and in gardens,
and except as provided in §§ 40-108 to 40-111 and 40-114, unless the person,
firm or corporation employing such child, procures and keeps on file and
accessible to any school attendance officer, inspector of labor or other
authorized person, charged with the enforcement of this chapter, the
employment certificate as hereinafter provided, issued for such child.

§ 40-100.4:1. No child shall be employed pursuant to a work-training
certificate as provided in § 40-100.4 where such employment requires such
child to operate power-driven woodworking, metal forming, punching or
shearing machines or power driven paper product machines unless such
employment shall be pursuant to a written agreement which shall provide:
(1) that the work of such child shall be incidental to his training, shall
be intermittent and for short periods of time and shall be under the direct
and close supervision of a competent and experienced person; (2) that
safety instruction shall be given by the school and correlated by the
employer with on-the-job training; and (8) that a schedule of organized
and progressive work processes to be performed shall have been prepared.
Such written agreement shall set forth the name of the child so employed
and shall be signed by the employer and the coordinator of schools having
jurisdiction. Copies of such agreement shall be retained by the school and
the employer, and a copy thereof shall be filed with the Department of
Labor and Industry.

Any such work-training certificate may be revoked at any time that
it shall appear that reasonable precautions for the safety of such child have
not been observed.

§ 40-100.6. A part-time employment certificate shall be issued
subject to the provisions of § 40-101 which shall permit the employment
of a child between fourteen and sixteen years of age when the division
superintendent of schools shall find it in the best interests of the child to
follow a program of part-time school attendance and part-time employ-
ment. Such employment shall be under the supervision of the division
superintendent of schools. Such certificate may be revoked by such super-
mtendent or the Commissioner.

§ 40-101. Employment certificates shall be issued only by * the
division superintendent of schools, or by any person designated by him in
the city * or county in which the child is to be employed and only upon
application in person of the child desiring employment, accompanied by
the parent, guardian or custodian of such child, provided that in the case
of a child sixteen or seventeen years of age, the written consent of the
child’s parent, guardian or custodian may be presented in lieu of the
personal appearance of such parent, guardian or custodian. * The division
superintendent of schools shall designate one * person to grant such
permits in every city * or county. The person issuing such certificate shall
have authority to administer the oath provided for therein, or to make
any investigation or examination necessary for the issuance thereof. No
fee shall be charged for issuing any such certificate nor for administering
any oath or rendering any services in respect thereto. The officer issuing
the certificate shall * retain a copy of each such certificate and all docu-
ments connected therewith shall be mailed to the Commissioner of Labor
by the end of the week in which the same shall have been issued for review
and approval. The Commissioner of Labor shall file and preserve such
certificates and documents.

§ 40-102. The person authorized to issue an employment certificate
shall not issue such certificate until he has received, examined, approved
and filed the following papers:

(1) Except for work on farms or orchards or in gardens, a statement
signed by the prospective employer, or some one duly authorized on his
behalf, stating that he expects to give such child present employment,
setting forth the specific nature of the occupation in which he intends to
employ such child, and the number of hours per day and of days per week
which said child shall be employed and the daily time of the beginning and
ending of such employment and of the period for lunch, and agreeing to
send the notice of the commencement of employment and to return the
certificate according to the provisions of this chapter.

(2) Proof of age as provided in § 40-103.

(3) A certificate of physical fitness as provided in § 40-104.*

§ 40-104. The certificate of physical fitness required by this chapter
shall be signed by a public health, school, or other physician, and shall be
on a form approved by the State Department of Health. It shall show
height and weight of the child and shall state that the child has been
thoroughly examined by the physician within a period of * thirty days and
has been found to be of normal development for a child of his age, is in
sound health, and is physically qualified for the type of employment
specified in the statement submitted by the employer.

§ 40-105. The employment certificate required to be issued shall
state the name, sex, color, date of birth and place of residence of the child.
It shall certify that all the conditions and requirements for issuing an
employment certificate under the provisions of this chapter have been
fulfilled and shall be signed by the person issuing it. It shall state the kind
of evidence of age accepted for the employment certificate. Except for
work on farms or orchards or in gardens, the certificate shall show the
name and address of the employer for whom and the nature of the specific
occupation in which the employment certificate authorizes the child to
be employed and shall be valid only for the occupation so designated. It
shall bear a number, shall show the date of its issue and the date of its
expiration, and shall be signed by the child for whom it is issued in the
presence of the person issuing it. It shall be issued in triplicate, one copy
to be mailed to the employer, one copy to be sent to the Commissioner of
Labor and one copy to be retained and kept on file by the issuing officer.

§ 40-106. Every employer receiving an employment certificate shall
notify the * Commissioner of Labor within seven days of the time of the
commencement of the employment of such child and within seven days
after the termination of the employment shall return the certificate to
the * Commissioner of Labor. Failure so to notify shall be cause for the
cancellation of the certificate; and failure so to return it shall be cause for
the refusal of further certificates upon the application of such employer.*

§ 40-107. An employment certificate shall be invalid after twelve
months from date of * physical fitness examination unless there shall have
been filed with the issuing officer a new certificate of physical fitness as
provided for in § 40-104.

§ 40-108. No male under * sixteen years of age and no female under
eighteen years of age shall be employed, permitted or suffered to work as a
public messenger for any telegraph or * interstate communication company
or service in the distribution, transmission or delivery of goods or messages
at any time. No male under * sixteen years of age and no girl under *
eighteen years of age shall be employed, permitted or suffered to work as
a public messenger for any telegraph or * interstate communication com-
pany or service in the distribution, transmission or delivery of goods or
messages before five o’clock in the morning or after * midnight of any day.
In case of emergency only, a boy of legal age may be employed for not
more than three days as such a messenger without an employment cer-
tificate, provided that the employer immediately files a notice of such
employment with the person authorized to issue an employment certificate
to such boy.

§ 40-109. (A) No child under eighteen years of age shall:

(1) Be employed, permitted or suffered to work in any mine, quarry,
tunnel, underground scaffolding work or handling explosives;

(2) Be employed to operate or assist in operating any dangerous
machinery or passenger or freight elevator provided, however, that
children sixteen years of age and older may, in the course of their employ-
ment, operate automatic passenger elevators. No child under sixteen shall
operate an automatic elevator as his primary employment;

(3) Oil or assist in oiling, wiping and cleaning any such machinery,
except as provided in § 40-100.4:1; provided further, however, that
children sixteen years of age and older who are serving a voluntary
apprenticeship as provided in Chapter 6 of this title may operate, oil or
assist in operating, oiling, wiping and cleaning such machinery;

(4) Be employed in any capacity in preparing any composition in
which dangerous or poisonous chemicals are used ;*

(5) Be employed in any capacity in the manufacturing of paints,
colors or white lead, or in any place where goods of alcoholic content are
manufactured, bottled, or sold for consumption on the premises except in
places where the sale of alcoholic beverages is merely incidental to the
main business actually conducted,* or employed to deliver alcoholic goods;

(6) Be employed as an X-ray technician or as an operator of X-ray
equipment;

(7) Be employed in any capacity in or about excavation or demolition
operations;

(B) No boy under sixteen and no girl under eighteen years of age shall:

(1) Be employed in any undertaking establishment or funeral home;

(2) Be employed, permitted or suffered to work in any scaffolding
work or construction trades or in any brick, coal or lumber yard or ice
plant; provided, however, that this section shall not apply to children
fourteen and over who are engaged in purely office work of a clerical
nature;

(3) Except as otherwise provided im this chapter, be employed,
permitted or suffered to work in any theater, concert hall, cabaret, club,
carnival, floor show, pool hall, bowling alley, or place of amusement, or
in any hotel, restaurant as defined in § 35-25, roadhouse or in curb service
or in any dry cleaning establishment or laundry or parking lot.

hi (4) Be employed as a driver or helper on a truck or commercial
vehicle.
(C) No child under sixteen years of age shall:

(1) Be employed in any hospital, clinic, or other establishment pro-
vuding care for resident patients as a laboratory helper, orderly or nurses’
aide;

(2) Be employed in any dance studio or warehouse, other than a
tobacco sales warehouse which is not subject to the child labor provisions
of the Federal Fair Labor Standards Act or by any veterinarian;

(3) Be employed as a bait attendant on any boat, pier or place at
which boats are let for hire except boys fourteen years of age and older.

(D) No child under eighteen years of age shall: be employed as a
driver on any truck or commercial vehicle provided that a boy sixteen years
of age or older may be employed as a driver on a truck or commercial
vehicle, provided said vehicle has no more than two axles. The provisions
of this paragraph shall not apply to the drivers of school buses.

The provisions of this section shall not apply to children employed
by dry cleaning or laundry establishments where such children are
engaged in purely office work, or where they are employed in branch
stores where no processing is done, or employed by concessionnaires
operating on beaches * where the duties and work of such children pertain
to the handling and distribution of beach chairs, umbrellas, floats and other
similar or related beach equipment; nor shall such provisions apply to
girls sixteen years or more of age employed in the lighted lobby of offices,
but not as ushers, in a motion picture theatre, but this exception shall not
apply to outdoor theatres. For the purposes of this section the definition
of restaurant shall be deemed not to include a food service establishment
operated by or in conjunction with a school or college where a child em-
ployed therein is enrolled as a pupil at such school or college. Boys fourteen
and over may be employed in restaurants, and girls sixteen and over may be
employed for a period not exceeding four months in a calendar year in
restaurants operated in conjunction with a hotel subject to regulation
by the State Board of Health under Title 85 of the Code, which 1s operated
on a seasonal basis, and girls sixteen and over who qualify for general or
school work training types of employment certificates for employment in
restaurants may be employed in restaurants and in hotel food service de-
partments, but no such minor may be employed in hotel room service.

§ 40-110. * Notwithstanding the preceding section. * a boy under
sixteen or a girl under eighteen years of age, whether a resident or non-
resident of the State, may be employed, permitted or suffered to participate
in the presentation of a drama, play, performance, concert or entertain-
ment, provided the management of the theatre or other public place where
such performance is to be held in the State shall secure a permit from the
Commissioner of Labor; provided, however, that no such permit shall be
required for any non-profit dance or music recital, nor for any television
or radio broadcast in which the children participating are selected by the
television or radio broadcasting station for sustaining noncommercial pro-
grams.

§ 40-111. No permit shall be issued unless the Commissioner of Labor
is satisfied that the environment in which the drama, play, performance,
concert or entertainment is to be produced is a proper environment for
the child and that the conditions of such employment are not detrimental
to the health or morals of such child and that the child’s education will
not be neglected or hampered by its participation in such drama, play,
performance, concert or entertainment. Applications for permits and
every permit granted shall specify the name, age and sex of each child,
together with such other facts as may be necessary for the proper identi-
fication of each child and the dates when, and the theatres or other places
of amusement in which such drama, play, performance, concert or enter-
tainment is to be produced and shall specify the name of the drama, play,
performance, concert or entertainment in which each child is permitted to
participate. Such application shall be filed with the Commissioner not less
than five days before the date of such drama, play, performance, concert
or entertainment. A permit shall be revocable by the Commissioner of
Labor should it be found that the environment in which the drama, play,
performance, concert or entertainment is being produced is not a proper
environment for the child and that the conditions of such employment
are detrimental to the health or morals of such child. The Commissioner
of Labor shall prescribe and supply the forms required for carrying out
the provisions of this section.

§ 40-114. Any boy between twelve and sixteen years of age may
engage in the occupation of (1) bootblacking, (2) caddying, (3) selling
newspapers, magazines, periodicals or circulars which are by law per-
mitted to be distributed and sold, (4) running errands or delivering parcels,
or * messages where none of the duties of such occupation are to be per-
formed inside any commercial establishment, and provided all such em-
ployment shall be at such hours between six o’clock ante meridian and * one-
half hour after sunset as the public schools are not in session, provided
such boy procures and carries on his person a badge as hereinafter
provided.

The provisions of this section shall not apply to any such boy tn any
case where the duties of his occupation are performed at the direction and
under the supervision of an employer, in which event an employment cer-
tificate shall be required.

§ 40-116. Such badge as is required by § 40-114 shall be issued by
the same person authorized to issue an employment certificate and upon
compliance with all the requirements for the issuance of an employment
certificate. It shall bear a number and on its reverse side shall bear the
address and date of birth of the child in whose name it is issued. It shall
be signed on such reverse side by such child in the presence of the person
issuing it. No charge shall be made for the use of * such badge *.

All badges shall be renewed * annually on the anniversary date of the
physical fitness examination of such child.

§ 40-118. Any boy between twelve and fourteen years of age may
engage in the occupation of distributing newspapers on regularly estab-
lished routes between the hours specified in § 40-114 and any boy between
fourteen and sixteen years of age may engage in such occupation between
the hours of six o’clock ante meridian and seven o’clock post meridian, in
either case excluding the time the public schools are actually in session.
Such carrier boys shall not be required to procure or carry a badge, but
in lieu thereof the publisher of the newspaper which he delivers on such
route shall report the names, ages, addresses, and the school attended, of
such boys to the person authorized to issue employment certificates under
the provisions of this chapter, and thereupon, if it appears that such boy is
physically fit either from his school health record or from a certificate
of physical fitness signed by a public health or school physician and that
satisfactory proof of age has been furnished, a certificate shall be issued
to such carrier boy and shall remain in effect so long as in the opinion of
the division superintendent his school record indicates that his school work
is compatible with such occupation. Such carrier boy shall carry such
certificate on his person at all times that he is engaged in his duties. No
such certificate shall be required of any carrier boy so employed in any
city having a population of less than ten thousand or in any county,
having a population of less than ninety thousand and which is not adjacent
to any city having a population of more than ninety thousand.