New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.10 - EMPLOYMENT OF CHILDREN IN THE ENTERTAINMENT INDUSTRY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person who employs a person under the
				age of 18 as an actor or performer in the entertainment industry must obtain a
				pre-authorization certificate issued by the department of workforce solutions
				prior to the start of work. The pre-authorization certificate will include: the
				project name, estimated dates and length of the project, employer name,
				employer's New Mexico address, a minimum of three contact personnel including
				name, address, and contact telephone numbers. The pre-authorization certificate
				will include: the child performer's information: name, address, date of birth,
				where the child is registered to attend school, grade level of the child,
				special educational needs, anticipated length of employment on this project,
				nature of work on this project, and list any possible exposure to potentially
				hazardous materials or substances. A signature will be required from the child
				performer when the child is 14 years of age and older. A signature will be
				required from the parent or legal guardian giving the child permission to be
				employed in the entertainment industry. A signature will be required from the
				employer certifying compliance with all requirements of the pre-authorization
				certificate.
B. It is the
				responsibility of the employer to obtain a child performer pre-authorization
				certificate before the employment begins. The employer must be able to provide
				a copy at the work site when requested to do so. The LRD will retain a
				copy.
C. The child performer
				pre-authorization certificate is valid for one year from the date it was issued
				or until the specific project for which the child is employed by the employer
				who makes the application for the pre-authorization ceases, whichever time
				period is shorter.
D. The parent or
				legal guardian of the child performer can contact the LRD to renew the permit
				30 days prior to expiration.
E. A
				pre-authorization certificate for a child performer can only be issued by the
				LRD.
F. No pre-authorization
				certificate will be given or issued without a signature of a parent or legal
				guardian indicating their permission for their child to work on the specific
				project. A parent or legal guardian must be within eyesight and earshot of the
				child performer at all times other than the time periods in which teachers are
				teaching school.
G. The employer
				must provide a certification of compliance for the certified teacher with
				appropriate teaching credentials for grade levels kindergarten through 12 or to
				teach the level of education required for the child performer at the place of
				employment to the LRD prior to issuance of the pre-authorization
				certificate.
H. It is the
				responsibility of the employer to provide a New Mexico certified trainer or
				technician accredited in a United States department of labor occupational
				safety and health administered-certified safety program at the place of
				employment at all times when a child performer may be exposed to potentially
				hazardous conditions. Hazardous conditions are special effects, which
				potentially could be physically dangerous to the child performer.
I. The employer must provide a written
				background check on all certified teachers, and certified trainers and
				technicians on the movie set to the LRD. It is the responsibility of the
				employer, parent, legal guardian, teacher, trainer and technician to report any
				arrest or conviction record and any other information that may present a
				possible danger to the health, safety and well-being of the child
				performer.