reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC15-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 16VAC15-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 20 - REGULATIONS ESTABLISHING A MULTIPLE OF FEDERAL MINIMUM HOURLY WAGE RELATING TO GARNISHMENT OF WAGES › Section 16VAC15-20-10 to 16VAC15-20-20

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 21 - MAXIMUM GARNISHMENT AMOUNTS › Section 16VAC15-21-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Disposable earnings" means that part of the earnings of any
				  individual remaining after the deduction from those earnings of any amount
				  required by law to be withheld.
"Earnings" means compensation paid or payable for personal
				  services, whether denominated as wages, salary, commission, bonus, payments to
				  an independent contractor, or otherwise, whether paid directly to the
				  individual or deposited with another entity or person on behalf of and
				  traceable to the individual, and includes periodic payments pursuant to a
				  pension or retirement program.
"F.M.W.R." means the current federal minimum hourly wage
				  rate set out in the Fair Labor Standards Act, 29 USC § 206(a)(1) or its
				  successor, and any regulations promulgated thereunder.
"Garnishment" means any legal or equitable procedure through
				  which the earnings of any individual are required to be withheld for payment of
				  any debt.
"Ordinary debt" means any debt other than a debt for the
				  support of a person or a debt for taxes, or any other debt for which a
				  different maximum garnishment amount is established by law.
Statutory Authority
§ 34-29 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 21 - MAXIMUM GARNISHMENT AMOUNTS › Section 16VAC15-21-20 - Maximum garnishment amounts to satisfy an ordinary debt

Current through Register Vol. 40, No. 24, July 15, 2024
A. No more than 25%
				of disposable earnings in any pay period may be garnished to satisfy an
				ordinary debt.
B. A garnishment for
				an ordinary debt may not reduce disposable earnings for a week to an amount
				less than the F.M.W.R. times 40; may not reduce disposable biweekly earnings to
				an amount less than the F.M.W.R. times 40 times 2; may not reduce disposable
				semimonthly earnings to an amount less than the F.M.W.R. times 40 times
				2.16665; may not reduce disposable monthly earnings to an amount less than the
				F.M.W.R. times 40 times 4.33330; and may not reduce disposable earnings for a
				period of more than a month to an amount less than the F.M.W.R. times 40 times
				the number of weeks worked. The number of weeks worked shall be calculated by
				dividing the total number of days in the period worked by 7, calculated to 4
				decimal places.
Statutory Authority
§ 34-29 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 21 - MAXIMUM GARNISHMENT AMOUNTS › Section 16VAC15-21-30 - Calculation of maximum garnishment amounts for an ordinary debt

Current through Register Vol. 40, No. 24, July 15, 2024
A. Weekly earnings.
1. If the amount of weekly disposable
				earnings equals 40 times the federal minimum wage rate (F.M.W.R.) or less,
				nothing may be withheld for garnishment.
2. If the weekly disposable earnings exceed
				40 times the federal minimum wage rate (F.M.W.R.), the maximum amount that can
				be withheld for garnishment shall be either 25% of the weekly disposable
				earnings or the amount by which the weekly disposable earnings exceed 40 times
				the F.M.W.R., whichever is less, so long as the amount withheld does not reduce
				the weekly disposable earnings below 40 times the F.M.W.R. Based on a federal
				minimum wage rate of $7.25 per hour, 40 times the F.M.W.R. is $290. Thus, for
				example, as of July 24, 2009, if the weekly disposable earnings are less than
				or equal to $290, nothing may be withheld for garnishment. An increase in the
				F.M.W.R. will increase the amount of weekly disposable earnings that would be
				shielded from garnishment.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-10 - Hazardous occupations

Current through Register Vol. 40, No. 24, July 15, 2024
The Child Labor Laws of Title 40.1 of the Code of Virginia
				  provide a minimum of 18 years of age for employment in any occupation
				  determined by the Commissioner of the Virginia Department of Labor and Industry
				  to be hazardous or detrimental to the health of minors under 18 years of age.
				  This minimum age applies even when the minor is employed by his parents or
				  persons standing in place of the parent.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-20 - Index of hazardous occupations

Current through Register Vol. 40, No. 24, July 15, 2024
The following occupations have been determined to be
				  hazardous or detrimental to the health of minors under 18 years of age.
				  Additional information on each group of occupations is provided in the
				  referenced section.
1. Manufacturing
				or Storage Occupations Involving Explosives. (16VAC25-30-30 )
2. Motor Vehicle Occupations. (16VAC15-30-40 )
3. Logging and Sawmilling Occupations.
				(16VAC15-30-50 )
4. Power-Driven Woodworking Machine
				Occupations. (16VAC15-30-60 )
5. Occupations Involving Exposure to
				Radioactive Substances and to Ionizing Radiations. (16VAC15-30-70 )
6. Power-Driven Hoisting Apparatus
				Occupations. (16VAC15-30-80 )
7. Power-Driven Metal Forming, Punching, and
				Shearing Machine Occupations. (16VAC15-30-90
				)
8. Occupations in Connection with
				Any Mining Operation. (16VAC15-30-100
				)
9. Occupations Involving
				Slaughtering, Meat-Packing or Processing or Rendering. (16VAC15-30-110 )
10. Power-Driven Bakery Machine Occupations.
				(16VAC15-30-120 )
11. Power-Driven Paper Products Machine
				Occupations. (16VAC15-30-130 )
12. Occupations Involved in the Manufacture
				of Brick, Tile, and Kindred Products. (16VAC15-30-140 )
13. Occupations Involved in the Operation of
				Power-Driven Circular Saws, Band Saws, and Guillotine Shears. (16VAC15-30-150 )
14. Occupations Involved in Wrecking,
				Demolition, and Shipbreaking Operations. (16VAC15-30-160 )
15. Occupations in Roofing Operations.
				(16VAC15-30-170 )
16. Occupations in Excavation Operations.
				(16VAC15-30-180 )
17. Fire Fighting. (16VAC15-30-190 )
18. Other Prohibited Occupations.
				(16VAC15-30-200 )
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-30 - Manufacturing or storage occupations involving explosives

Current through Register Vol. 40, No. 24, July 15, 2024
The following occupations in or about plants or
				  establishments manufacturing or storing explosives or articles containing
				  explosive components are prohibited:
1. All occupations in or about any plant or
				establishment manufacturing or storing explosives or articles containing
				explosive components except where the occupation is performed in a
				"nonexplosives area" as defined in subparagraph (3) of this section.
2. The following occupations in or about any
				plant or establishment manufacturing or storing small arms ammunition not
				exceeding .60 caliber in size, shotgun shells, or blasting caps when
				manufactured or stored in conjunction with the manufacture of small-arms
				ammunition:
(a) All occupations involved in
				the manufacturing, mixing, transporting, or handling of explosive compounds in
				the manufacture of small-arms ammunition and all other occupations requiring
				the performance of any duties in the explosives area in which explosive
				compounds are manufactured or mixed.
(b) All occupations involved in the
				manufacturing, transporting, or handling of primers and all other occupations
				requiring the performance of any duties in the same building in which primers
				are manufactured.
(c) All
				occupations involved in the priming of cartridges and all other occupations
				requiring the performance of any duties in the same workroom in which rim-fire
				cartridges are primed.
(d) All
				occupations involved in the plate loading of cartridges and in the operation of
				automatic loading machines.
(e) All
				occupations involved in the loading, inspecting, packing, shipping, and storage
				of blasting caps.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-50 - Logging and sawmilling occupations

Current through Register Vol. 40, No. 24, July 15, 2024
All occupations in logging and all occupations in the
				  operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill are
				  prohibited for minors under the age of 18.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-60 - Power-driven woodworking machine occupations

Current through Register Vol. 40, No. 24, July 15, 2024
The following occupations involved in the operation of
				  power-driven woodworking machines are prohibited:
1. The occupation of operating power-driven
				woodworking machines including supervising or controlling the operation of such
				machines, feeding material into such machines, and helping the operator to feed
				material into such machines, but not including the placing of material on a
				moving chain or in a hopper or slide for automatic feeding.
2. The occupations of setting up, adjusting,
				repairing, oiling, or cleaning power-driven woodworking machines.
3. The operations of off-bearing from
				circular saws and from guillotine-action veneer clippers.
Exemptions:
The exemptions for properly certified apprentices and
				  student-learners apply to this restriction.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-70 - Occupation involving exposure to radioactive substances and to ionizing radiations

Current through Register Vol. 40, No. 24, July 15, 2024
Any activity is prohibited in any workroom in which (a)
				  radium is stored or used in the manufacture of self-luminous compound; (b)
				  self-luminous compound is made, processed, or packaged; (c) self-luminous
				  compound is stored, used, or worked upon; (d) incandescent mantles are made
				  from fabric and solutions containing thorium salts, or are processed or
				  packaged; (e) any activities that involve exposure to ionizing radiations
				  including X-ray equipment; and (f) any other activities that involve exposure
				  to radioactive substances or ionizing radiations in any
				  capacity.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-80 - Power-driven hoisting apparatus occupations

Current through Register Vol. 40, No. 24, July 15, 2024
The following occupations involved in the operation of
				  power-driven hoisting apparatus are prohibited:
1. Work of operating an elevator, crane,
				derrick, hoist, or high-lift truck, except operating an unattended automatic
				operation passenger elevator or an electric or air-operated hoist not exceeding
				one (1) ton capacity.
2. Work which
				involves riding on a manlift or on a freight elevator, except a freight
				elevator operated by an assigned operator.
3. Work which involves assisting in the
				operation of a crane, derrick, or hoist performed by crane hookers, crane
				chasers, hookers-on, riggers, rigger helpers, and like occupations.
Exception:
This section shall not prohibit the operation of an automatic
				  elevator and an automatic signal operation elevator provided that the exposed
				  portion of the car interior (exclusive of vents and other necessary small
				  openings), the car door, and the hoistway doors are constructed of solid
				  surfaces without any opening through which a part of the body may extend; all
				  hoistway openings at floor level have doors which are interlocked with the car
				  door so as to prevent the car from starting until all such doors are closed and
				  locked; the elevator (other than hydraulic elevators) is equipped with a device
				  which will stop and hold the car in case of overspeed or if the cable slackens
				  or breaks; and, the elevator is equipped with upper and lower travel limit
				  devices which will normally bring the car to rest at either terminal and a
				  final limit switch which will prevent the movement in either direction and will
				  open in case of excessive over travel by the car.
For the purpose of this exception, the term "automatic
				  elevator" shall mean a passenger elevator, a freight elevator, or a combination
				  passenger-freight elevator, the operation of which is controlled by pushbuttons
				  in such a manner that the starting, going to the landing selected, leveling and
				  holding, and the opening and closing of the car and hoistway doors are entirely
				  automatic.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-90 - Power-driven metal forming, punching, and shearing machine occupations

Current through Register Vol. 40, No. 24, July 15, 2024
The occupations of operator of or helper on the following
				  power-driven metal forming, punching, and shearing machines are prohibited
				  activities for minors under 18 years of age:
1. All rolling machines, such as beading,
				straightening, corrugating, flanging, or bending rolls; and hot or cold rolling
				mills.
2. All pressing or punching
				machines, such as punch presses, except those provided with full automatic feed
				and ejection and with a fixed barrier guard to prevent the hands or fingers of
				the operator from entering the area between the dies; power presses; and plate
				punches.
3. All bending machines,
				such as apron brakes and press brakes.
4. All hammering machines, such as drop
				hammers and power hammers; and powder actuated tools.
5. All shearing machines, such as guillotine
				or squaring shears; alligator shears; and rotary shears.
The occupations of setting up, adjusting, repairing, oiling,
				  or cleaning these machines including those with automatic feed and ejection are
				  prohibited.
Exemptions:
The exemptions for properly certified apprentices and
				  student-learners apply to this restriction.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-100 - Occupations in connection with any mining operation

Current through Register Vol. 40, No. 24, July 15, 2024
All occupations in or about any coal mine are prohibited
				  except the occupation of slate or other refuse picking at a picking table or
				  picking chute in a tipple or breaker and occupations requiring the performance
				  of duties solely in offices or in repair or maintenance shops located in the
				  surface part of any coal-mining plant.
Definitions:
The term "coal" shall mean any rank of coal, including
				  lignite, bituminous, and anthracite coals.
The term "all occupations in or about any coal mine" shall
				  mean all types of work performed in any underground working, open pit, or
				  surface part of any coal-mining plant that contributes to the extraction,
				  grading, cleaning, or other handling of coal.
All occupations in connection with any mining operation are
				  prohibited, except the following:
1.
				Work in offices, in the warehouse or supply house, in the change house, in the
				laboratory, and in repair or maintenance shops not located
				underground.
2. Work in the
				operation and maintenance of living quarters.
3. Work outside the mine in surveying, in the
				repair and maintenance of roads, and in general clean-up about the mine
				property such as clearing brush and digging drainage ditches.
4. Work of track crews in the building and
				maintaining of sections of railroad tracks located in those areas of open-cut
				metal mines where mining and haulage activities are not being conducted at the
				time and place that such building and maintenance work is being done.
5. Work in or about surface placer mining
				operations other than placer dredging operations and hydraulic placer mining
				operations.
6. The following work
				in metal mills other than in mercury-recovery mills or mills using the cyanide
				process:
(a) Work involving the operation of
				jigs, sludge tables, flotation cells, or drier-filters.
(b) Work of hand sorting at picking table or
				picking belt.
(c) General clean-up
				work.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-110 - Occupations involving slaughtering, meat-packing, or processing, or rendering

Current through Register Vol. 40, No. 24, July 15, 2024
The following occupations in or about slaughtering and
				  meat-packing establishments, rendering plants, or wholesale, retail, or service
				  establishments are prohibited:
1. All
				occupations on the killing floor, in curing cellars, and in hide cellars,
				except work of messengers, runners, hand-truckers, and similar occupations
				which require entering such workrooms or workplaces infrequently and for short
				periods of time.
2. All occupations
				involved in the recovery of lard and oils, except packaging and shipping of
				such products and the operations of lard-roll machines.
3. All occupations involved in tankage or
				rendering of dead animals, animal offal, animal fats, scrap meats, blood, and
				bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and
				similar products.
4. All
				occupations involved in the operation or feeding of the following power-driven
				meat-processing machines, including the occupation of setting up, adjusting,
				repairing, oiling, or cleaning such machines: meat patty forming machines, meat
				and bone cutting saws, knives, power-driven slicing machines (*except
				bacon-slicing machines), head splitters, and guillotine cutters; snout pullers
				and jaw pullers; skinning machines; horizontal rotary washing machines;
				casing-cleaning machines such as crushing, stripping, and finishing machines;
				and, grinding, mixing, chopping, and hashing machines, and presses.
5. All boning occupations.
6. All occupations that involve the pushing
				or dropping of any suspended carcass, half carcass, or quarter
				carcass.
7. All occupations
				involving hand- lifting or hand-carrying any carcass or half carcass of beef,
				pork, or horse, or any quarter carcass of beef or horse.
*Note: The term "bacon-slicing machine" as used in this
				  restriction refers to those machines which are designed solely for the purpose
				  of slicing bacon and are equipped with enclosure or barrier guards that prevent
				  the operator from coming in contact with the blade or blades, and with devices
				  for automatic feeding, slicing, shingling, stacking, and conveying the sliced
				  bacon away from the point of operation.
Exemptions:
The exemptions for properly certified apprentices and
				  student-learners apply to this restriction.
Note: This restriction shall not apply to the killing and
				  processing of poultry, rabbits, or small game in areas physically separated
				  from the "killing floor."
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-120 - Power-driven bakery machine occupations

Current through Register Vol. 40, No. 24, July 15, 2024
Occupations involving the operation of or assisting in the
				  operation of power-driven bakery machines are prohibited activities for minors
				  under 18 years of age.
Note: This restriction does not apply to the operation of
				  noncommercial grade bakery appliances not specifically designed for commercial
				  use including, but not limited to, hand held mixers, blenders, and food
				  processors.
Exemptions:
The exemptions for properly certified apprentices and
				  student-learners apply to this restriction.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-130 - Power-driven paper-products machine occupations

Current through Register Vol. 40, No. 24, July 15, 2024
The occupations of operating or assisting to operate
				  power-driven paper-products machines, including, but not limited to, the
				  following, are prohibited activities for minors under 18:
1. Arm-type wire stitcher or stapler,
				circular or band saw, corner cutter or mitering machines, corrugating
				single-facing or double-facing machine, envelope die-cutting press, guillotine
				paper cutter or shear, horizontal bar scorer, laminating or combining machine,
				sheeting machine, scrap-paper baler, or vertical slotter.
2. Platen die-cutting press, platen printing
				press, or punch press that involves hand feeding of the machine.
The occupations of setting up, adjusting, repairing, oiling,
				  or cleaning these machines, including those that do not involve hand feeding,
				  are prohibited for minors under 18.
Exemptions:
The exemptions for properly certified apprentices and
				  student-learners apply to this restriction.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-140 - Occupations involved in the manufacture of brick, tile, and kindred products

Current through Register Vol. 40, No. 24, July 15, 2024
Occupations involved in the manufacture of brick, tile, and
				  kindred products, including but not limited to the following, are prohibited
				  activities for minors under 18 years of age:
1. All work in or about establishments in
				which clay construction products are manufactured.
2. All work in or about establishments in
				which silica brick or other silica refractories are manufactured.
Note: Minors at least 14 years of age may perform office work
				  of a clerical nature in a bona fide office at a brick yard.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-150 - Occupations involved in the operation of power-driven circular saws, band saws, and guillotine shears

Current through Register Vol. 40, No. 24, July 15, 2024
The occupations of operator of or helper on the following
				  power driven fixed or portable machines are prohibited except for machines
				  equipped with full automatic feed and ejection:
Circular saws
Band saws
Guillotine shears
The occupations of setting up, adjusting, repairing, oiling,
				  or cleaning circular saws, band saws, and guillotine shears are
				  prohibited.
Exemptions:
The exemptions for properly certified apprentices and
				  student-learners apply to this restriction.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-160 - Occupations involved in wrecking, demolition, and ship-breaking operations

Current through Register Vol. 40, No. 24, July 15, 2024
All occupations in wrecking, demolition, and shipbreaking
				  operations are prohibited: the term "wrecking, demolition, and shipbreaking
				  operations" shall mean all work, including clean-up and salvage work, performed
				  at the site of the total or partial razing, demolishing, or dismantling of a
				  building, bridge, steeple, tower, chimney, other structure, ship, or other
				  vessel.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-170 - Occupations in roofing operations

Current through Register Vol. 40, No. 24, July 15, 2024
All activities in roofing operations are prohibited. The term
				  "roofing operations" shall mean all work performed in connection with the
				  application of weather-proofing materials and substances such as tar or pitch,
				  asphalt, prepared paper, tile, slate, metal, translucent materials, and
				  shingles of asbestos, asphalt or wood to roofs of buildings or other
				  structures. The term shall also include all work performed in connection with:
(1) the installation of roofs,
				including related metal work such as flashing and
(2) alterations, additions, maintenance, and
				repair, including painting and coating of existing roofs. In addition, the term
				shall include gutter and downspout work; the construction of the sheathing or
				base of roofs; the installation of television antennas, communications
				satellites, air conditioners, exhaust and ventilating equipment, or any similar
				appliances attached to roofs; and any similar work required to be performed on
				or about roofs including work performed on the ground.
Exemptions:
The exemptions for properly certified apprentices and
				  student-learners apply to this restriction.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-180 - Occupations in excavation operations

Current through Register Vol. 40, No. 24, July 15, 2024
The following occupations in excavation operations are
				  prohibited:
1. Excavating, working in,
				or backfilling (refilling) trenches, except (a) manually excavating or manually
				backfilling trenches that do not exceed four feet in depth at any point, or (b)
				working in trenches that do not exceed four feet in depth at any
				point.
2. Excavating for buildings
				or other structures or working in such excavations, except (a) manually
				excavating to a depth not exceeding four feet below any ground surface
				adjoining the excavation, or (b) working in an excavation not exceeding such
				depth, or (c) working in an excavation where the side walls are shored or
				sloped to the angle of repose.
3.
				Working within tunnels prior to the completion of all driving and shoring
				operations.
4. Working within
				shafts prior to the completion of all sinking and shoring operations.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-190 - Fire fighting

Current through Register Vol. 40, No. 24, July 15, 2024
The following activities involving fire fighting are
				  prohibited:
1. Minors 16 years and 17
				years of age shall not enter a burning structure.
The term "burning structure" as used in this restriction
				  shall not include a structure which contains burning materials.
2. Minors 14 years and 15 years of
				age shall not participate in fire fighting or support activities at the fire
				scene, enter a burning structure, enter a structure which contains burning
				materials, or engage in any other activity prohibited in this
				chapter.
3. Minors under 14 years
				of age shall not participate in any activity related to fire
				fighting.
4. Exemptions. A county,
				city or town may authorize by ordinance that a 16 or 17 year old minor who
				resides in the Commonwealth, who is a member of a volunteer fire company,
				within that locality, with the approval of a parent or guardian, may seek
				certification under National Fire Protection Association 1001, level one,
				firefighter standards, as administered by the Department of Fire Programs, and,
				after attaining such certification, may work with or participate fully in all
				activities of the volunteer fire company. A local ordinance may not require
				minors who achieved certification under National Fire Protection Association
				1001, level one, firefighter standards, as administered by the Department of
				Fire Programs, on or before January 1, 2006, between age 15 and 16, to repeat
				the certification after the sixteenth birthday.
A trainer or instructor of the aforesaid minors and any
				  member of a paid or volunteer fire company who supervises any such minors shall
				  be exempt from child labor law provisions in the Code of Virginia concerning
				  cruelty and injuries to children, provided that the provisions of §
				  40.1-100 of the Code of Virginia have not been violated when the minor has been
				  engaged in the activities of a volunteer fire company, and provided that either
				  the volunteer fire company or the governing body of the county, city or town
				  has purchased insurance that provides coverage for injuries to, or the death
				  of, a minor in performing such firefighting activities.
Statutory Authority
§§ 40.1-6 and 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-200 - Other prohibited occupations

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the prohibited occupations listed in this
				  chapter, the following occupations are prohibited:
1. In any capacity in the manufacturing of
				paints, colors, white lead.
2. In
				any place where goods of alcoholic content are manufactured, bottled, or sold
				for consumption on the premises except in places where the sale of alcoholic
				beverages is merely incidental to the main business actually conducted, or to
				deliver alcoholic goods.
3. Shall
				not perform in or be a subject of sexually explicit visual material which
				depicts nudity, sexual excitement, sexual conduct, sexual intercourse, or
				sadomasochistic abuse, or a book, magazine, or pamphlet which contains such a
				visual representation. An undeveloped photograph or similar visual material may
				be sexually explicit material notwithstanding that processing or other action
				is necessary to make its sexually explicit content apparent.
4. In a capacity in preparing any composition
				in which dangerous poisonous chemicals are used.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-210 - Employment of minors under age 14

Current through Register Vol. 40, No. 24, July 15, 2024
Minors under 14 years of age may not be employed in any
				  occupation except the following:
1.
				Bootblacks, caddies, selling newspapers, magazines, periodicals or circulars,
				running errands or delivering parcels or messages where none of the duties are
				to be performed inside any commercial establishment and are under the direction
				and supervision of an employer.
2.
				Distributing newspapers on regularly established routes.
3. Farms, gardens and orchards.
4. Domestic duties in and around private
				homes.
5. On school playgrounds or
				playgrounds operated by the state, city, county or by a corporation the
				property of which is tax exempt.
6.
				For one day or less in connection with their studies at any public or
				accredited private school.
7.
				Employed by their parents in any occupation other than manufacturing, or
				mining, or an occupation declared hazardous by the Commissioner of Labor and
				Industry.
Statutory Authority
§ 40.1-100 of the Code of Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-220 - Employment of 14- and 15-year-old minors generally

Current through Register Vol. 40, No. 24, July 15, 2024
A. Minors 14 and 15 years old may not be
				employed in any occupation declared hazardous for 16- and 17-year-old minors
				and, in addition, are prohibited from being employed in any of the following:
1. In any mechanical establishment.
2. In any commercial cannery.
3. In the operation of any automatic
				passenger or freight elevator.
4.
				In any dance studio.
5. In any
				hospital, nursing home, clinic, or other establishments providing care for
				resident patients.
6. As a
				laboratory helper, therapist, orderly, or nurse's aide.
7. At any veterinary hospital.
8. In any undertaking establishment or
				funeral home.
9. In curb service at
				restaurants.
10. In hotel and motel
				room service.
11. In any brick,
				coal, or lumber yard.
12. In any
				ice plant.
13. As ushers in
				theaters.
14. In any scaffolding
				work or construction trade.
15. In
				any outdoor theater, cabaret, carnival, fair, floor show, pool hall, club, or
				roadhouse.
16. As a lifeguard at a
				beach.
17. In the solicitation,
				sale, or obtaining of subscription contracts or orders for books, magazines, or
				other periodical publications other than newspapers.
18. Any manufacturing occupation.
19. Any mining occupation.
20. Processing occupations such as filleting
				of fish, dressing poultry, cracking nuts, or laundering as performed by
				commercial laundries and dry cleaning (except in a retail, food service, or
				gasoline service establishment in those specific occupations expressly
				permitted in
				16VAC15-30-230 ).
21. Occupations requiring the performance of
				any duties in workrooms or workplaces where goods are manufactured, mined, or
				otherwise processed (except to the extent expressly permitted in retail, food
				service, or gasoline service establishments in accordance with
				16VAC15-30-230 ).
22. Operation or tending of hoisting
				apparatus or of any power-driven machinery (other than office machines and
				machines in retail, food service, and gasoline service establishments that are
				specified in
				16VAC15-30-230 as machines that
				such minors may operate in such establishments).
23. Occupations in connection with:
a. Transportation of persons or property by
				rail, highway, air, on water, pipeline, or other means. Exception: Office or
				sales work in connection with these activities is permitted.
b. Warehousing and storage. Exception: Office
				or sales work in connection with these activities is permitted.
c. Communications and public utilities.
				Exception: Office or sales work in connection with these activities is
				permitted.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 30 - VIRGINIA RULES AND REGULATIONS DECLARING HAZARDOUS OCCUPATIONS › Section 16VAC15-30-230 - Employment of 14- and 15-year-old minors in retail food service and gasoline establishments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Minors 14 and 15 years of age are prohibited from being employed in the
				following occupations in retail food service and gasoline service
				establishments:
1. Work performed in or about
				boiler or engine rooms.
2. Work in
				connection with maintenance or repair of the establishments, machines, or
				equipment.
3. Outside window
				washing that involves working from windowsills, and all work requiring the use
				of ladders, scaffolds, or their substitutes.
4. Cooking and baking (except at soda
				fountains, lunch counters, snack bars, or cafeteria serving
				counters).
5. Occupations that
				involve operating, setting up, adjusting, cleaning, oiling, or repairing
				power-driven food slicers and grinders, food choppers and cutters, and
				bakery-type mixers.
6. Work in
				freezers and meat coolers and all work in preparation of meats for sale (except
				wrapping, sealing, labeling, weighing, pricing, and stocking when performed in
				other areas).
7. Loading and
				unloading goods to and from trucks, railroad cars, or conveyors.
8. All occupations in warehouses except
				office and clerical work.
9. Work
				in connection with cars and trucks involving:
a. Use of pits, racks, or lifting
				apparatus.
b. Inflation of any tire
				mounted on a rim equipped with a removable retaining ring.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 40 - VIRGINIA HOURS OF WORK FOR MINORS › Section 16VAC15-40-20 - Scope and application

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter is promulgated pursuant to §§
				  40.1-80.1A and 40.1-6(3) of the Code of Virginia, and supplements existing
				  Child Labor Laws relating to the employment of minors (Chapter 5 (§
				  40.1-78 et seq.) of Title 40.1 of the Code of Virginia). Its purpose is to
				  regulate the maximum number of hours per week, the maximum hours per day, and
				  the hours during the day that minors under age 16 may work. Other regulations
				  promulgated by the Department of Labor and Industry governing child labor are:
(i) Virginia Regulation Declaring
				Hazardous Occupations, and
(ii)
				Virginia Regulation Governing the Employment of Minors on Farms, in Gardens and
				in Orchards.
Statutory Authority
§§ 40.1-6(3) and 40.1-80.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 40 - VIRGINIA HOURS OF WORK FOR MINORS › Section 16VAC15-40-30 - Hours of work in nonagricultural employment

Current through Register Vol. 40, No. 24, July 15, 2024
A. No minor under 16 years of age shall be
				employed, suffered, or permitted to work in any nonagricultural occupation:
1. During school hours;
2. More than 40 hours in any one week when
				school is not in session;
3. More
				than 18 hours in any one week when school is in session;
4. More than eight hours in any one day when
				school is not in session;
5. More
				than three hours in any one day when school is in session; or
6. Before 7 a.m. or after 7 p.m., except that
				from June 1 through Labor Day, such a minor may work until 9 p.m.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 40 - VIRGINIA HOURS OF WORK FOR MINORS › Section 16VAC15-40-40 - Hours of work in agricultural employment

Current through Register Vol. 40, No. 24, July 15, 2024
A. No minor under 16 years of age shall be
				employed, permitted or suffered to work in any occupation on farms, in gardens
				or in orchards during the hours that school is in session, except as provided
				in subsection B of this section.
B.
				No hours of work restrictions shall apply to a minor employed by his parent or
				a person standing in place of his parent on farms, in gardens or in orchards
				owned or operated by such parent or person.
C. No minor under 16 years of age shall be
				employed or permitted to work on farms, in gardens or in orchards for more than
				five hours continuously without an interval of at least 30 minutes for a lunch
				period, and no period of less than 30 minutes shall be deemed to interrupt a
				continuous period of work.
Statutory Authority
§§ 40.1-6(3) and 40.1-80.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 40 - VIRGINIA HOURS OF WORK FOR MINORS › Section 16VAC15-40-50 - Exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter does not apply whenever the Code of Virginia
				  exempts a minor from hours-of-work limitations or provides different hours of
				  work. These exemptions are as follows:
1. Minors employed in the following
				situations are exempt from hours-of-work limitations contained in
				16VAC15-40-30 and
				16VAC15-40-40:
a. A minor under 16 years of age may be
				employed by his parent, or a person standing in place of his parent, in a
				business owned by such parent or person, except in manufacturing.
b. A page or clerk for either the House of
				Delegates or the Senate of Virginia.
c. Domestic duties in and around a minor's
				own home when duties are performed directly for the minor's parent or other
				person standing in place of the parent.
d. Work performed for the state or any of its
				agencies, institutions, or political subdivisions, or any public
				body.
e. Theatrical performers,
				provided a theatrical permit is obtained from the Department of Labor and
				Industry.
f. Activities performed
				for a volunteer rescue squad.
g. A
				minor 14 or 15 years old employed to perform sports-attending services at
				professional sporting events (baseball, basketball, football, soccer, tennis,
				etc.) as defined in
				16VAC15-40-10.
h. A child 12 years of age or older employed
				by an eleemosynary organization or unit of state or local government as a
				referee for sports programs sponsored by that eleemosynary, state, or local
				organization or by an organization of referees sponsored by an organization
				recognized by the United States Olympic Committee under 36 USC §
				220522.
Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 15 - DEPARTMENT OF LABOR AND INDUSTRY › Chapter 50 - REGULATION GOVERNING THE EMPLOYMENT OF MINORS ON FARMS, IN GARDENS AND IN ORCHARDS › Section 16VAC15-50-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following terms, when used in this chapter, shall have
				  the following meanings, unless the context clearly indicates otherwise:
"Agriculture" includes farming in all its branches and among
				  other things includes the cultivation and tillage of soil, dairying, the
				  production, cultivation, growing, and harvesting of any agricultural or
				  horticultural commodities (including commodities defined as agricultural
				  commodities in § 15(g) of the Federal Agricultural Marketing Act, as
				  amended), the raising of livestock, bees, fur-bearing animals, or poultry, and
				  any practices (including any forestry or lumbering operations) performed by a
				  farmer or on a farm as an incident to or in conjunction with such farming
				  operations, including preparation for market, delivery to storage or to market
				  or to carriers for transportation to market.
"Commissioner" means the Virginia Commissioner of Labor and
				  Industry.
"Department" means the Virginia Department of Labor and
				  Industry.
"Employ" includes to suffer or permit to work. The nature of
				  an employer-employee relationship is ordinarily to be determined not solely on
				  the basis of the contractual relationship between the parties but also in the
				  light of all the facts and circumstances. Moreover, the terms "employer" and
				  "employ" are broader than the common law concept of employment and must be
				  interpreted broadly in the light of the mischief to be corrected. Thus, neither
				  the technical relationship between the parties nor the fact that the minor is
				  unsupervised or receives no compensation is controlling in determining whether
				  an employer-employee relationship exists. However, these are matters which
				  should be considered along with all other facts and circumstances surrounding
				  the relationship of the parties in arriving at such determination.
The words "suffer or permit to work" include those who
				  suffer by a failure to hinder and those who permit by acquiescence in addition
				  to those who employ by oral or written contract. A typical illustration of
				  employment of oppressive child labor by suffering or permitting an underaged
				  minor to work is that of an employer who knows that his employee is utilizing
				  the services of such a minor as a helper or substitute in performing his
				  employer's work. If the employer acquiesces in the practice or fails to
				  exercise his power to hinder it, he is himself suffering or permitting the
				  helper to work and is, therefore, employing him.
Statutory Authority
§§ 40.1-6(3), 40.1-100A 9, and 40.1-114 of the
					 Code of Virginia.