West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-09 - Child Labor Rule › Section 42-9-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Act" means the Child Labor Act, W. Va.
				Code §21-6-1
et seq
.
3.2. "Age certificate" or "certificate of
				age," means the form authorized by the Division for the employment of a 16 or
				17 year old minor that is issued by the county superintendent, as defined in
				subsection 3.10 of this section; an authorized person, as defined in subsection
				3.4 of this section; or an issuing administrator, as defined in subsection 3.16
				of this section, for the purpose of certifying the minor's age and place and
				date of birth.
3.3. "Approved
				program," as used in W. Va. Code §21-6-2(c) and section 12 of this rule,
				means a training program that is equivalent to that of the West Virginia
				Department of Education Public Service Fire Service Training, the West Virginia
				State Fire Commission, or the West Virginia University Fire Service Extension
				Junior Firefighter Training, and that has been approved by the
				Commissioner.
3.4. "Authorized
				person" means the person who has been authorized in writing by the county
				superintendent to review and approve work permit applications and age
				certificate applications.
3.5.
				"Blanket work permit" means the form authorized and issued by the Division for
				the employment of 25 or more minors for a period of 90 days or less, which
				includes an acknowledgment from the prospective employer stating that he or she
				is familiar with and will abide by the Act and this rule, and which lists the
				names, birth dates, ages, and job description for each minor.
3.6. "Board of education" means the board of
				education in the county where the minor resides.
3.7. "Certified birth certificate," as used
				in subdivision 5.2.2 and section 8 of this rule, means a birth certificate
				issued by the West Virginia Department of Health and Human Resources, Office of
				Vital Registration; by the county clerk of the West Virginia county in which
				the minor was born; or by an office listed on the National Vital Statistics
				System maintained by the United States Centers for Disease Control and
				Prevention.
3.8. "Code of Federal
				Regulations" or "C.F.R." refers to the rules and regulations of a federal
				government agency.
3.9.
				"Commissioner" means the Commissioner of the Division of Labor and his or her
				authorized representatives.
3.10.
				"County superintendent" means the superintendent of schools for the county
				where the minor resides.
3.11.
				"Dangerous or injurious occupation" means an occupation identified in W. Va.
				Code §21-6-2, any occupation that the Commissioner determines is
				detrimental to a minor's health, safety, or well-being, or that interferes with
				a minor's education, and any occupation identified as oppressive by the United
				States Department of Labor.
3.12.
				"Division" means the West Virginia Division of Labor.
3.13. "Employ" means to hire, permit, or
				suffer to work.
3.14. "Employer"
				means any person, firm, or corporation employing a minor.
3.15. "Immediate supervision" or "direct
				supervision" means supervision by a responsible party, as defined in subsection
				3.20 of this section, who is within the immediate physical proximity of the
				minor and is responsible for managing, overseeing, and directing the minor's
				work activities.
3.16. "Issuing
				administrator" means the person who administers a program of secondary
				education at a public, private, or home school who has the authority to issue
				education credentials pursuant to W. Va. Code §18-8-12 and the authority
				to issue a work permit and age certificate pursuant to W. Va. Code
				§§21-6-3(a) and 21-6-5(a).
3.17. "NFPA" refers to the National Fire
				Protection Association, 1 Battery march Park, Quincy, MA 02169.
3.18. "Parent" means and includes a minor's
				parent, guardian, custodian, or other person standing in the place of the
				minor's parent.
3.19. "Personal
				protective equipment" means NFPA-compliant boots, coats, pants, helmets, hoods,
				gloves, and self-contained breathing apparatus with face piece.
3.20. "Responsible party" or "responsible
				supervisor" means a regular, full-time, qualified, and experienced adult
				employee or business owner, or, pursuant to W. Va. Code §21-6-2(c), a fire
				line officer.
3.21. "School hours"
				or "while school is in session" means the hours during which county public or
				private schools are in session.
3.22. "School week" means Monday through
				Sunday while county public or private schools are in session.
3.23. "Special circumstances," means and
				includes a minor's particular situation, life experiences, abilities, training,
				or any other conditions or facts that the Commissioner may consider in
				determining whether to issue a supervision permit.
3.24. "Supervision permit" means the form
				authorized and issued by the Division for the employment of a minor under
				special circumstances that promote the best interests of the minor.
3.25. "Work experience program," "work-study
				program," or "work-based learning program" means a school-supervised and
				school-administered program for 14 and 15 year old minors enrolled in a college
				preparatory curriculum that meets the educational standards established by the
				West Virginia Department of Education, and has been approved by the United
				States Department of Labor Wage and Hour Division Administrator.
3.26. "Work experience and career exploration
				program" or "WECEP" means a school-supervised and school-administered program
				for 14 and 15 year old minors that meets the educational standards established
				by the West Virginia Department of Education, and has been approved by the
				United States Department of Labor Wage and Hour Division
				Administrator.
3.27. "Work permit"
				means the form authorized by the Division for the employment of a 14 or 15 year
				old minor that is issued by the county superintendent, as defined in subsection
				3.10 of this section; an authorized person, as defined in subsection 3.4 of
				this section; or an issuing administrator, as defined in subsection 3.16 of
				this section.