NY Lab L § 133 (2021)
2021 New York Laws LAB - Labor Article 4 - Employment of Minors 133 - Prohibited Employments of Minors.

§  133.  Prohibited employments of minors. 1. Minors under sixteen. No minor under sixteen years of age shall be employed in or assist in:   a. painting or exterior cleaning in connection with the maintenance of a building or structure;   b. any occupation in or  in  connection  with  a  factory,  except  as provided  in  subdivision four of section one hundred thirty-one of this chapter;   c. the operation of washing, grinding, cutting, slicing,  pressing  or mixing machinery;   d. any employment in institutions in the department of mental hygiene, provided,   however,   that   for   the   purposes  of  this  paragraph, participation  in  recreation  and  leisure  activities,  social  skills development,  companionship and/or entertainment as part of an organized volunteer program approved by the commissioner of mental hygiene,  shall not  constitute  employment  or  assistance  in  employment  and  may be performed by youthful volunteers at least fourteen years of age. Nothing contained in this  paragraph  shall  be  construed  to  permit  services prohibited in subdivisions one and two hereof.   2.  Minors  of  any  age.  No minor of any age shall be employed in or assist in:   a. the care or operation of a freight or  passenger  elevator,  except that  a  minor  over  sixteen  may operate automatic push button control elevators;   b. or in connection with the manufacturing, packaging, or  storing  of explosives;   c.  operating  or  using  any  emery, tripoli, rouge, corundum, stone, silicon carbide, or any abrasive, or emery polishing or  buffing  wheel, where articles of the baser metals or iridium are manufactured;   d.  penal  or correctional institutions, if such employment relates to the custody or care of prisoners or incarcerated individuals;   e.  adjusting  belts  to  machinery  or  cleaning,  oiling  or  wiping machinery;   f. packing paints, dry colors, or red or white leads;   g. preparing any composition in which dangerous or poisonous acids are used;   h. operating steam boilers subject to section two hundred four of this chapter;   i.   any   occupation   at   construction  work,  including  wrecking, demolition,  roofing  or  excavating  operations  and  the  painting  or exterior cleaning of a building structure from an elevated surface;   j.  any  occupation  involving  exposure  to radioactive substances or ionizing radiation, or exposure to silica or other harmful dust;   k. logging  occupations  and  occupations  in  the  operation  of  any sawmill, lath mill, shingle mill or cooperage-stock mill;   l. any occupation in or in connection with a mine or quarry;   m.   any   occupation   involved  in  the  operation  of  power-driven woodworking, metal-forming, metal-punching, metal-shearing, bakery,  and paper products machines;   n. any occupation involved in the operation of circular saws, bandsaws and guillotine shears;   o.   any   occupation   in  or  about  a  slaughter  and  meat-packing establishment, or rendering plant;   p. any occupation involved in the operation of  power-driven  hoisting apparatus;   q.  any  occupation  involved  in  the  manufacture of brick, tile and kindred products;   r. as a helper on a motor vehicle;    s. as a dancer or performer in any portion of a facility open  to  the public   wherein  performers  appear  and  dance  or  otherwise  perform unclothed, under circumstances in which such employment would be harmful to such person in the manner  defined  in  subdivision  six  of  section 235.20 of the penal law.   3.  a.  The  provisions  of  subdivision two of this section shall not apply to  (1)  an  apprentice  who  is  individually  registered  in  an apprenticeship program which is duly registered with the commissioner in conformity  with the provisions of article twenty-three of this chapter; or  (2) a student-learner who  is  enrolled  in  a  course  of  study  and training in a cooperative vocational training program under a recognized state  or  local  educational  authority,  or  in a course of study in a substantially similar program conducted by a private school; or  (3) a trainee in  an  on-the-job  training  program  approved  by  the commissioner; or  (4)  a  minor  who  is  employed  in  the  occupation  in which he has completed training as a student-learner as provided in subparagraph  (2) of  this  subdivision or as a trainee as provided in subparagraph (3) of this subdivision; or  (5) a minor who  is  employed  in  the  occupation  in  which  he  has completed  a  work  training  program  of a non-profit organization or a training program which is publicly funded in whole or in  part,  and  as part of such program received safety instruction and training in the use of machinery, provided that such safety program has been approved by the commissioner.   As   used   in   this  paragraph  the  term  "non-profit organization" means an organization operated exclusively for  religious, charitable,  or  educational  purposes,  no  part of the net earnings of which inures to the benefit of any private shareholder or individual.   b. An employment certificate required by subdivision  two  of  section one hundred thirty-two of this article shall for the purposes of section fourteen-a  of  the  workmen's  compensation  law be deemed to authorize employment under subparagraphs (3), (4) and (5) of this subdivision.   4. In addition  to  the  cases  provided  for  in  this  section,  the commissioner,  when  it  is found upon investigation that any particular trade, process of manufacture, occupation, or method of carrying on  the same, is dangerous or injurious to the health of minors, may adopt rules prohibiting  or  regulating  the  employment  of such minors therein. In addition to the adoption of such rules, the commissioner may also  adopt such  other  rules  and regulations as are determined necessary to carry out the purposes of this section.   5. In addition to the rulemaking authority set  forth  in  subdivision four  of  this  section,  when  it  is  found  upon  investigation  that employment on a farm is dangerous or injurious to the health of  minors, the   commissioner   may  adopt  rules  prohibiting  or  regulating  the employment of such minors therein, which rules shall  be  in  accordance with  and  consistent  with  those  promulgated  by  the  United  States secretary of labor in this regard.