839-021-0355 Prohibited Performances of Minors Employed in the Entertainment Industry (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 Bureau 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, a performance or the depiction of a 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 after determining that the exemption will not be detrimental to the health or safety of the minor affected. The 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. 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 19-2010, f. 9-28-10, cert. ef. 10-1-10 BLI 1-2005, f. & cert. ef. 1-3-05 BLI 10-2004(Temp), f. & cert. ef. 7-29-04 thru 1-24-05 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. & cert. ef. 8-7-84