CHAPTER 503

An Act to amend and reenact § 40-109, as amended, of the Code of
Virginia, relating to employment prohibited to certain minors.

[H 520]
Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1. That § 40-109, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 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
machjnery or passenger or freight elevator; provided, however, that chil-
dren 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 chil-
dren sixteen years of age and older who are serving a voluntary appren-
ticeship as provided in Chapter 6 (§ 40-123 et seq.) 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 demoli-
tion onerations.

h ~ 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 in this chapter, be employed, per-
mitted 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, provided,
that boys fourteen years of age and over may be employed in bowling
alleys completely equipped with automatic pin setters, but not in or about
such machines;

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-
viding care for resident patients as 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 emnloyed 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 commer-
cial vehicle, provided said vehicle has no more than two axles. The provi-
sions 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 concessionaires oper-
ating 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,

ut not as ushers, in a motion picture theater, but this exception shall not
apply to outdoor theaters. 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
employed therein is enrolled as a pupil at such school or college. Subject
to paragraph A (5) of this section, boys fourteen and over and girls six-
teen and over may be employed in soda fountains, restaurants, * and *
hotel food service departments, but no such minor may be employed in
hotel room service.