justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 3-1995, f. 9-8-95, cert. ef. 9-9-95 BL 1-1989, f. & cert. ef. 2-6-89 BL 14-1988(Temp), f. 8-2-88, cert. ef. 8-12-88 BL 6-1988, f. & cert. ef. 4-12-88
839-021-0276 Employment Certificates for Minors Employed in Agriculture (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) 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. Statutory/Other Authority: ORS 651.060, ORS 653.040, ORS 653.261, ORS 653.307 & ORS 653.400 Statutes/Other Implemented: ORS 653.305 & ORS 653.307 History: BLI 1-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BLI 4-1998, f. & cert. ef. 3-5-98 BL 4- 1995, f. & cert. ef. 11-3-95 BL 11-1991, f. & cert. ef. 10-31-91 BL 6-1988, f. & cert. ef. 4-12-88 BL 5-1987, f. & cert. ef. 2-20-87
839-021-0282 Riding In or On Conveyances Connected to Power-Driven Farm Machinery by Minors (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. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.307 & 653.365 History: BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 4-1995, f. & cert. ef. 11-3-95 BL 4-1990, f. & cert. ef. 3-12-90 BL 6-1988, f. 4-12-88, cert. ef. 1-1-89 BL 5-1987, f. & ef. 2-20-87
839-021-0285 Applicability of and Compliance with Other Rules to Minors Employed in Agriculture 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. Statutory/Other Authority: ORS 653.252 Statutes/Other Implemented: ORS 653.305 History: BLI 3-1999, f. & cert. ef. 6-16-99 BL 11-1991, f. & cert. ef. 10-31-91 BL 6-1991(Temp), f. & cert. ef. 6-21-91 BL 1-1989, f. & cert. ef. 2-6-89 BL 5-1987, f. & ef. 2-20-87
839-021-0292 Permitted 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, notwithstanding OAR 839-021-0067, 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; (2) As used in this rule, the terms "school week" and "school is in session" have the meaning given those phrases 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 Bureau. (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 well-being of the minor, 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) This rule does not regulate the daily starting and quitting times of minors who are 16 or 17 years of age who are employed in agriculture. Statutory/Other Authority: ORS 651.060, ORS 653.040, ORS 653.261, ORS 653.305, ORS 653.307 & ORS 653.400 Statutes/Other Implemented: ORS 653.261 & ORS 653.305 History: BLI 1-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 10-1997, f. & cert. ef. 11-26-97 BL 2-1997(Temp), f. & cert. ef. 7-21-97 BL 11-1991, f. & cert. ef. 10-31-91
839-021-0293 Permitted Hours of Work When School Is in Session on a Year Around Basis of Minors Employed in Agriculture 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. Statutory/Other Authority: ORS 653.305 & 653.525 Statutes/Other Implemented: ORS 653.305 History: BL 11-1991, f. & cert. ef. 10-31-91
839-021-0294 Vocational Education 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. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 11-1991, f. & cert. ef. 10-31-91
839-021-0297 Parental Exemption for Minors Employed in Agriculture (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. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 11-1991, f. & cert. ef. 10-31-91
839-021-0300 Definitions for Rules Regulating the Employment of Minors in the Entertainment Industry 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. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.305 History: BL 6-1988, f. & cert. ef. 4-12-88 BL 9-1984, f. & ef. 8-7-84
839-021-0305 Application of Rules to Minors Employed in the Entertainment Industry 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. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.305 History: BL 6-1988, f. & cert. ef. 4-12-88 BL 9-1984, f. & ef. 8-7-84
839-021-0310 Employment Certificates for Minors Employed in the Entertainment Industry (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 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. Statutory/Other Authority: ORS 653.305 & 653.525 Statutes/Other Implemented: ORS 653.307 History: BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 3-1995, f. 9-8-95, cert. ef. 9-9-95 BL 6-1988, f. & cert. ef. 4-12-88 BL 9-1984, f. & ef. 8-7-84
839-021-0315 Special Hours Variances for Entertainment Industry Employers Employers, including employers registered under OAR 839-021-0320, 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 Bureau of Labor and Industries setting out the full and complete circumstances of the proposed employment and the reasons why a special hours variance is being requested. Statutory/Other Authority: ORS 651.060, ORS 653.040, ORS 653.261 & ORS 653.305 Statutes/Other Implemented: ORS 653.261, ORS 653.305, ORS 653.307 & ORS 653.400 History: BLI 1-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 3-1995, f. 9-8-95, cert. ef. 9-9-95 BL 6-1988, f. & cert. ef. 4-12-88 BL 9-1984, f. & ef. 8-7-84
839-021-0325 School Releases, Instruction Requirements and Waivers for Minors Employed in the Entertainment Industry (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 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. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 20-2021, minor correction filed 10/14/2021, effective 10/14/2021 BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BLI 4-1998, f. & cert. ef. 3-5-98 BL 6-1988, f. & cert. ef. 4-12-88 BL 9-1984, f. & ef. 8-7-84
839-021-0330 Supervision of Minors Employed in the Entertainment Industry (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. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02 BL 6-1988, f. & cert. ef. 4-12-88 BL 9-1984, f. & ef. 8-7-84
839-021-0340 Rest Periods for Minors Employed in the Entertainment Industry Employers shall provide minors with rest periods as prescribed by OAR 839-021-0072(2). Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BL 9-1984, f. & ef. 8-7-84
839-021-0345 Meal Periods for Minors Employed in the Entertainment Industry Employers shall provide minors with meal periods as prescribed by OAR 839-021-0072(1). Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BL 9-1984, f. & ef. 8-7-84
839-021-0350 Other Working Conditions for Minors Employed in the Entertainment Industry (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. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BL 9-1984, f. & ef. 8-7-84
839-021-0360 Refusal of Special Permits, Hours Variances or Employment Certificates in the Entertainment Industry 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. Statutory/Other Authority: ORS 651.060(4) & 653.261 Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653 History: BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14 BL 3-1995, f. 9-8-95, cert. ef. 9-9-95 BL 9-1984, f. & ef. 8-7-84