1030-S.E

AN ACT Relating to the employment of minors; amending RCW 49.12.121; repealing RCW 49.12.123; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 49.12.121 and 1993 c 294 s 9 are each amended to read as follows:

(1) ((The department may at any time inquire into wages, hours, and conditions of labor of minors employed in any trade, business, or occupation in the state of Washington and may adopt special rules for the protection of the safety, health, and welfare of minor employees. However, the rules may not limit the hours per day or per week, or other specified work period, that may be worked by minors who are emancipated by court order.

~~(2)~~)) The department shall issue work permits to employers for the employment of minors, after being assured the proposed employment of a minor meets the standards for the health, safety, and welfare of minors as set forth in ((~~the rules adopted by the department~~)) this chapter. No minor person shall be employed in any occupation, trade, or industry subject to chapter 16, Laws of 1973 2nd ex. sess., unless a work permit has been properly issued, with the consent of the parent, guardian, or other person having legal custody of the minor and with the approval of the school which such minor may then be attending. However, the consent of a parent, guardian, or other person, or the approval of the school which the minor may then be attending, is unnecessary if the minor is emancipated by court order. The employer who is required to have a work permit under this section or RCW 49.12.124 shall keep the permit on file during the employment of a minor or minors.

(2)(a) Except as otherwise provided in this chapter, minors under the age of sixteen may not be employed:

(i) When school is in session, more than three hours per day on school days, more than eight hours per day on nonschool days, or more than eighteen hours per week;

(ii) When school is not in session, more than eight hours per day or more than forty hours per week;

(iii) After 8:00 p.m. in service occupations unless supervised by a responsible adult who is required to be on the premises;

(iv) More than five hours without a meal period of at least thirty minutes. Minors shall be given a rest period of at least ten minutes in every four-hour period of employment;

(v) During school hours unless special permission has been granted under RCW 28A.225.010 and 28A.225.080;

(vi) Before 7:00 a.m. or after 7:00 p.m. during the school year; or

(vii) Before 7:00 a.m. or after 9:00 p.m. during the summer school vacation.

(b) The limits in (a) of this subsection do not apply to minors who are emancipated by court order.

(3)(a) Except as otherwise provided in this chapter, the hours of employment for minors age sixteen and seventeen shall not be restricted except as follows:

(i) The total number of hours worked during the school year may not exceed a maximum of twenty-four hours per week.

(ii) The total number of hours worked during school vacations may not exceed a maximum of ten hours per day or forty-eight hours per week.

(b) A variance to (a) of this subsection may be granted by the minor's school with concurrence of the minor's parent or legal guardian. The department shall adopt rules establishing the procedures that the school must follow in granting a variance under this subsection. The variance may permit up to a maximum of thirty-two hours of work per week during the school year.

(4)(a) No minor may be employed in occupations determined by this subsection or department rule to be unreasonably hazardous. Except as provided in (b) and (c) of this subsection, in adopting rules under this subsection, the department shall not restrict employment beyond the restrictions of the occupation standards of the child labor provisions of the fair labor standards act (29 C.F.R. Part 570, Subpart E), as existing on January 1, 1994.

(b) Minors may not be employed in:

(i) Occupations where there is a risk of exposure to bodily fluids or transmission of infectious agents, including but not limited to hepatitis and HIV, including lab work which entails the cleaning of medical equipment used to draw or store blood or other contaminated tissue; duties which involve venipuncture; and duties involving work with laundry from health care facilities. This subsection (b)(i) does not apply if the minor is a student in a bona fide health care career training or vocational education program. State-certified life guards with first aid training are exempt.

(ii) Occupations involving potential exposure to hazardous substances which are considered to be carcinogenic, corrosive, highly toxic, toxic sensitizers, or which have been determined to cause reproductive health effects or irreversible end organ damage. This does not include handling of such substances in sealed containers in retail situations. This subsection's prohibitions shall not apply to any consumer product or hazardous substance, as those terms are defined by the consumer product safety act (15 U.S.C. 2051 et seq.) and the federal hazardous substances act (15 U.S.C. 1261 et seq.) and those statutes' regulations, where the employer of a minor can demonstrate that a product or substance is used in the workplace in the same manner as normal consumer use, and which use results in a duration and frequency of exposure that is not greater than exposures experienced by consumers using the product or substance in conformity with the manufacturer's instructions.

(c) Minors may not be employed in sauna or massage parlors, body painting or tatoo studios, or adult entertainment establishments.

(5) Minors age sixteen and seventeen may not be employed more than six days per week while school is in session.

(6) Minors age sixteen and seventeen may not be employed more than ten hours per day on school days.

(7) The minimum wage for minors shall be as prescribed in RCW 49.46.020.

NEW SECTION. Sec. 2. RCW 49.12.123 and 1991 c 303 s 8, 1983 c 3 s 156, & 1973 c 51 s 3 are each repealed.

NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.