Senate File 2390 - Introduced
SENATE FILE 2390
BY DONAHUE
A BILL FOR
1 An Act relating to youth employment and making penalties
2 applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. NEW SECTION. 92.1 Definition.
2 As used in this chapter, unless the context otherwise
3 requires, "director" means the director of the department of
4 inspections, appeals, and licensing.
5 Sec. 2. NEW SECTION. 92.2 Under fourteen —— work
6 prohibited.
7 No person under fourteen years of age shall be employed
8 or permitted to work with or without compensation in any
9 occupation.
10 Sec. 3. NEW SECTION. 92.3 Under sixteen —— permitted
11 occupations.
12 No person under sixteen years of age shall be employed
13 or permitted to work with or without compensation in any
14 occupation during regular school hours, except:
15 1. Those persons legally out of school, if such status is
16 verified by the submission of written proof to the director.
17 2. Those persons working in a supervised school-work
18 program.
19 3. Those persons between the ages of fourteen and sixteen
20 enrolled in school on a part-time basis and who are required to
21 work as a part of their school training.
22 Sec. 4. NEW SECTION. 92.4 Fourteen and fifteen —— permitted
23 occupations.
24 Persons fourteen and fifteen years of age may be employed or
25 permitted to work in the following occupations:
26 1. Retail, food service, and gasoline service
27 establishments.
28 2. Office and clerical work, including operation of office
29 machines.
30 3. Cashiering, selling, modeling, art work, work in
31 advertising departments, window trimming, and comparative
32 shopping.
33 4. Price marking and tagging by hand or by machine,
34 assembling orders, packing, and shelving.
35 5. Bagging and carrying out customers’ orders.
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1 6. Errand and delivery work by foot, bicycle, and public
2 transportation.
3 7. Cleanup work, including the use of vacuum cleaners and
4 floor waxers, and maintenance of grounds.
5 8. Kitchen work and other work involved in preparing and
6 serving food and beverages, including the operation of machines
7 and devices used in the performance of such work, including
8 but not limited to dishwashers, toasters, dumbwaiters, popcorn
9 poppers, milk shake blenders, and coffee grinders.
10 9. a. Work in connection with motor vehicles and trucks if
11 confined to the following:
12 (1) Dispensing gasoline and oil.
13 (2) Courtesy service.
14 (3) Car cleaning, washing, and polishing.
15 b. Nothing in this subsection shall be construed to include
16 work involving the use of pits, racks, or lifting apparatus or
17 involving the inflation of any tire mounted on a rim equipped
18 with a removable retaining ring.
19 10. Cleaning vegetables and fruits, and wrapping, sealing,
20 labeling, weighing, pricing, and stocking goods when performed
21 in areas physically separate from areas where meat is prepared,
22 for sale and outside freezers or meat coolers.
23 11. Other work approved by the rules adopted pursuant to
24 chapter 17A by the director.
25 Sec. 5. NEW SECTION. 92.5 Fourteen and fifteen ——
26 occupations not permitted.
27 1. Persons fourteen and fifteen years of age may not be
28 employed in:
29 a. Any manufacturing occupation.
30 b. Any mining occupation.
31 c. Processing occupations, except in a retail, food service,
32 or gasoline service establishment in those specific occupations
33 expressly permitted under the provisions of section 92.4.
34 d. Occupations requiring the performance of any duties
35 in workrooms or work places where goods are manufactured,
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1 mined, or otherwise processed, except to the extent expressly
2 permitted in retail, food service, or gasoline service
3 establishments under the provisions of section 92.4.
4 e. Public messenger service.
5 f. Operation or tending of hoisting apparatus or of any
6 power-driven machinery, other than office machines and machines
7 in retail, food service, and gasoline service establishments
8 which are specified in section 92.4 as machines which such
9 minors may operate in such establishments.
10 g. Occupations prohibited by rules adopted pursuant to
11 chapter 17A by the director.
12 h. Occupations in connection with the following, except
13 office or sales work in connection with these occupations, not
14 performed on transportation media or at the actual construction
15 site:
16 (1) Transportation of persons or property by rail, highway,
17 air, on water, pipeline, or other means.
18 (2) Warehousing and storage.
19 (3) Communications and public utilities.
20 (4) Construction, including repair.
21 i. Any of the following occupations in a retail, food
22 service, or gasoline service establishment:
23 (1) Work performed in or about boiler or engine rooms.
24 (2) Work in connection with maintenance or repair of the
25 establishment, machines, or equipment.
26 (3) Outside window washing that involves working from
27 window sills, and all work requiring the use of ladders,
28 scaffolds, or their substitutes.
29 (4) Cooking, except at soda fountains, lunch counters,
30 snack bars, or cafeteria serving counters, and baking.
31 (5) Occupations which involve operating, setting up,
32 adjusting, cleaning, oiling, or repairing power-driven
33 food slicers and grinders, food choppers and cutters, and
34 bakery-type mixers.
35 (6) Work in freezers and meat coolers and all work in
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1 preparation of meats for sale, except wrapping, sealing,
2 labeling, weighing, pricing, and stocking when performed in
3 other areas.
4 (7) Loading and unloading goods to and from trucks, railroad
5 cars, or conveyors.
6 (8) All occupations in warehouses except office and
7 clerical work.
8 j. Laundering, except for the use of a washing machine
9 which has a capacity of less than ten cubic feet and which is
10 designed to reach an internal temperature which does not exceed
11 212 degrees Fahrenheit.
12 2. Nothing in this section shall be construed as prohibiting
13 office, errand, or packaging work when done away from moving
14 machinery.
15 Sec. 6. NEW SECTION. 92.6 Under sixteen —— hours permitted.
16 A person under sixteen years of age shall not be employed
17 with or without compensation before the hour of 7:00 a.m. or
18 after 7:00 p.m., except during the period from June 1 through
19 Labor Day when the hours may be extended to 9:00 p.m. If such
20 person is employed for a period of five hours or more each
21 day, an intermission of not less than thirty minutes shall be
22 given. Such a person shall not be employed for more than eight
23 hours in one day, exclusive of intermission, and shall not be
24 employed for more than forty hours in one week. The hours of
25 work of persons under sixteen years of age employed outside
26 school hours shall not exceed four in one day or twenty-eight
27 in one week while school is in session.
28 Sec. 7. NEW SECTION. 92.7 Under eighteen —— prohibited
29 occupations.
30 No person under eighteen years of age shall be employed or
31 permitted to work with or without compensation at any of the
32 following occupations or business establishments:
33 1. Occupations in or about plants or establishments
34 manufacturing or storing explosives or articles containing
35 explosive components.
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1 2. Occupations of motor vehicle driver and helper.
2 3. Logging occupations and occupations in the operation of
3 any sawmill, lath mill, shingle mill, or cooperage-stock mill.
4 4. Occupations involved in the operation of power-driven
5 woodworking machines.
6 5. Occupations involving exposure to radioactive substances
7 and to ionizing radiations.
8 6. Occupations involved in the operation of elevators and
9 other power-driven hoisting apparatus.
10 7. Occupations involved in the operation of power-driven
11 metal forming, punching, and shearing machines.
12 8. Occupations in connection with mining.
13 9. Occupations in or about slaughtering and meat packing
14 establishments and rendering plants.
15 10. Occupations involved in the operation of certain
16 power-driven bakery machines. Except as otherwise provided
17 in this subsection, this subsection does not apply to the
18 operation of pizza dough rollers that are a type of dough
19 sheeter that have been constructed with safeguards contained in
20 the basic design so as to prevent fingers, hands, or clothing
21 from being caught in the in-running point of the rollers,
22 that have gears that are completely enclosed, and that have
23 microswitches that disengage the machinery if the backs or
24 sides of the rollers are removed, only when all the safeguards
25 detailed in this subsection are present on the machinery, are
26 operational, and have not been overridden. However, this
27 subsection does apply to the setting up, adjusting, repairing,
28 oiling, or cleaning of pizza dough rollers as described in this
29 subsection.
30 11. Occupations involved in the operation of certain
31 power-driven paper products machines.
32 12. Occupations involved in the manufacture of brick, tile,
33 and related products.
34 13. Occupations involved in the operation of circular saws,
35 band saws, and guillotine shears.
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1 14. Occupations involved in wrecking, demolition, and
2 shipbreaking operations.
3 15. Occupations involved in roofing operations.
4 16. Excavation occupations.
5 17. In or about foundries; provided that office, shipping,
6 and assembly area employment shall not be prohibited by this
7 chapter.
8 18. Occupations involving the operation of dry cleaning or
9 dyeing machinery.
10 19. Occupations involving exposure to lead fumes or its
11 compounds, or to dangerous or poisonous dyes or chemicals.
12 20. Occupations involving the transmission, distribution,
13 or delivery of goods or messages between the hours of 10:00
14 p.m. and 5:00 a.m.
15 21. Occupations in establishments where nude or topless
16 dancing is performed.
17 22. Occupations prohibited by rules adopted pursuant to
18 chapter 17A by the director.
19 Sec. 8. NEW SECTION. 92.8 Instruction and training
20 permitted.
21 The provisions of sections 92.7 and 92.9 shall not
22 apply to pupils working under an instructor in a career and
23 technical education department in a school district or under
24 an instructor in a career and technical education classroom
25 or laboratory, or industrial plant, or in a course of career
26 and technical education approved by the state board for career
27 and technical education, or to apprentices provided they are
28 employed under all of the following conditions:
29 1. The apprentice is employed in a craft recognized as an
30 apprenticeable trade.
31 2. The work of the apprentice in the occupations declared
32 particularly hazardous is incidental to the apprentice’s
33 training.
34 3. The work is intermittent and for short periods of
35 time and is under the direct and close supervision of a
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1 journeyperson as a necessary part of apprentice training.
2 4. The apprentice is registered by the office of
3 apprenticeship of the United States department of labor as
4 employed in accordance with the standards established by that
5 department.
6 Sec. 9. NEW SECTION. 92.9 Permit on file.
7 1. A person under sixteen years of age shall not be employed
8 or permitted to work with or without compensation unless the
9 person, firm, or corporation employing such person receives
10 and keeps on file accessible to any officer charged with the
11 enforcement of this chapter, a work permit issued as provided
12 in this chapter, and keeps a complete list of the names and
13 ages of all such persons under sixteen years of age employed.
14 2. Certificates of age shall be issued for persons sixteen
15 and seventeen years of age and for all other persons eighteen
16 and over upon request of the person’s prospective employer.
17 Sec. 10. NEW SECTION. 92.10 Issuance of work permits.
18 A work permit shall be issued only by the director upon
19 the application of the parent, guardian, or custodian of the
20 child desiring such permit. The application shall include the
21 following:
22 1. A statement from the person, firm, or corporation into
23 whose service the child under sixteen years of age is about to
24 enter, promising to give such child employment and describing
25 the industry in which the work will be performed.
26 2. Evidence of age showing that the child is fourteen years
27 old, or more, which shall consist of one of the following
28 proofs required in the order herein designated:
29 a. A certified copy of the birth certificate filed according
30 to law with a registrar of vital statistics or other officer
31 charged with the duty of recording births.
32 b. A passport or a certified copy of a certificate of
33 baptism showing the date and place of birth and the place of
34 baptism of such child.
35 c. An instruction permit issued under section 321.180B,
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1 subsection 1.
2 d. For cases for which the proofs designated in paragraphs
3 “a”, “b”, and “c” are not obtainable, documentation issued
4 by the federal government that is deemed by the director to
5 be sufficient evidence of age, or an affidavit signed by a
6 licensed physician certifying that in the physician’s opinion
7 the applicant for the work permit is fourteen years of age or
8 more.
9 Sec. 11. NEW SECTION. 92.11 Optional refusal of permit.
10 The director may refuse to grant a permit if, in the
11 director’s judgment, the best interests of the minor would be
12 served by such refusal and the director shall keep a record of
13 such refusals, and the reasons therefor.
14 Sec. 12. NEW SECTION. 92.12 Contents of work permit.
15 Every work permit shall state the date of issuance, name,
16 sex, the date and place of birth, the residence of the child
17 in whose name it is issued, the proof of age, the school grade
18 completed, the name and location of the establishment where
19 the child is to be employed, the industry, and that the papers
20 required for its issuance have been duly examined, approved,
21 and filed.
22 Sec. 13. NEW SECTION. 92.13 Application to director.
23 An application for a work permit pursuant to section 92.10
24 shall be submitted to the office of the director within three
25 days after the child begins work.
26 Sec. 14. NEW SECTION. 92.14 Forms for permits formulated.
27 The proper forms for the application for a work permit,
28 the work permit, the certificate of age, and the physician’s
29 certificate shall be formulated by the director.
30 Sec. 15. NEW SECTION. 92.15 Exceptions.
31 Nothing in this chapter shall be construed to prohibit:
32 1. A child from working in or around any home before or
33 after school hours or during vacation periods, provided such
34 work is not related to or part of the business, trade, or
35 profession of the employer.
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1 2. Work in the production of seed, limited to removal of
2 off-type plants, corn tassels, and hand-pollinating during the
3 months of June, July, and August by persons fourteen years of
4 age or over, and part-time work in agriculture.
5 3. A child from working in any occupation or business
6 operated by the child’s parents. For the purposes of this
7 subsection, “child” and “parents” include a foster child and the
8 child’s foster parents who are licensed by the department of
9 health and human services.
10 4. A child under sixteen years of age from being employed or
11 permitted to work, with or without compensation, as a model,
12