South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 3 - CHILD LABOR › Section 71-3105 - Exempted Occupations; Apprentices; Student-Learners

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The following occupations are exempted
			 from the coverage of these regulations for minors of any age according to the
			 terms of each exemption.
(b) The
			 provisions of this Article with the exception of 71-3108 do not apply to any
			 employee employed in agriculture outside of school hours for the school
			 district where such employee is living while he is so employed, if such
			 employee is fourteen years or older, or is twelve or thirteen years of age and
			 the employment is with the consent of his parent or person standing in the
			 place of his parent.
(c) The
			 provisions of this Article do not apply with respect to any employee engaged in
			 the street sale or delivery of newspapers to the consumer, including carriers
			 making deliveries to the homes of subscribers.
(d) The provisions of this Article do not
			 apply with respect to any employee engaged as an actor or performer in motion
			 pictures, radio or television productions, or theatrical productions.
(e) The provisions of this Article do not
			 apply with respect to any employee employed by his or her own parent or the
			 person standing in place of his or her parent except in those occupations found
			 by the Director of the Department of Labor, Licensing and Regulation to be
			 particularly hazardous or detrimental to health or well-being of minors and
			 identified at 71-3107.
(f) Where
			 this Article contains any exemption for the employment of apprentices, such an
			 exemption shall apply only when (1) the apprentice is employed in a craft
			 recognized as an apprenticeable trade; (2) the work of the apprentice in the
			 occupations declared particularly hazardous is incidental to his training; (3)
			 such work is intermittent and for short periods of time and is under the direct
			 and close supervision of a journeyman as a necessary part of such apprentice
			 training; and (4) the apprentice is registered by the Bureau of Apprenticeship
			 and Training of the United States Department of Labor as employed in accordance
			 with the standards established by that Bureau.
(g) Where this Article contains an exemption
			 for the employment of student-learners, such an exemption shall apply when (1)
			 the student-learner 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; and (2) such student-learner is employed
			 under a written agreement which provides:
(i)
			 That the work of the student-learner in the occupations declared particularly
			 hazardous shall be incidental to his training;
(ii) That such work shall be intermittent and
			 for short periods of time, and under the direct and close supervision of a
			 qualified and experienced person;
(iii) That safety instructions shall be given
			 by the school and correlated by the employer with on-the-job training;
			 and
(iv) That a schedule of
			 organized and progressive work processes to be performed on the job shall have
			 been prepared. Each such written agreement shall contain the name of
			 student-learner, and shall be signed by the employer and the school coordinator
			 or principal. Copies of each agreement shall be kept on file by both the school
			 and the employer. This exemption for the employment of student-learners may be
			 revoked in any individual situation where it is found that reasonable
			 precautions have not been observed for the safety of minors employed
			 thereunder. A high school graduate may be employed in an occupation in which he
			 has completed training as provided in this paragraph as a student-learner, even
			 though he is not yet eighteen years of age.