Senate File 167 - Introduced
SENATE FILE 167
BY SCHULTZ
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. Section 92.3, Code 2023, is amended to read as
2 follows:
3 92.3 Under fourteen —— work activities not permitted
4 occupations.
5 No person under fourteen years of age shall be employed
6 or permitted to work with or without compensation in any
7 occupation, except in the street occupations or migratory
8 labor occupations specified in section 92.1 work activity.
9 Any migratory laborer twelve to fourteen years of age may not
10 work prior to or during the regular school hours of any day of
11 any private or public school which teaches general education
12 subjects and which is available to such child.
13 Sec. 2. Section 92.4, Code 2023, is amended to read as
14 follows:
15 92.4 Under sixteen —— permitted occupations work activities.
16 No person under sixteen years of age shall be employed
17 or permitted to work with or without compensation in any
18 occupation work activity during regular school hours, except
19 the following work activities:
20 1. Those persons legally out of school, if such status
21 is verified by the submission of written proof to the labor
22 commissioner.
23 2. Those persons working in a supervised school-work
24 program.
25 3. Those persons between the ages of fourteen and sixteen
26 enrolled in school on a part-time basis and who are required to
27 work as a part of their school training.
28 4. Fourteen- and fifteen-year-old migrant laborers during
29 any hours when summer school is in session.
30 Sec. 3. Section 92.5, Code 2023, is amended to read as
31 follows:
32 92.5 Fourteen and fifteen —— permitted occupations work
33 activities.
34 Persons fourteen and fifteen years of age may be employed or
35 permitted to work in the following occupations work activities:
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1 1. Retail, food service, and gasoline service
2 establishments.
3 2. Office and clerical work, including operation of office
4 machines.
5 3. Cashiering, selling, modeling, art work, work in
6 advertising departments, window trimming, and comparative
7 shopping.
8 4. Price marking and tagging by hand or by machine,
9 assembling orders, packing, and shelving.
10 5. Bagging and carrying out customers’ orders.
11 6. Errand and delivery work by foot, bicycle, and public
12 transportation.
13 7. Cleanup work, including the use of vacuum cleaners and
14 floor waxers, and maintenance of grounds.
15 8. Kitchen work and other work involved in preparing and
16 serving food and beverages, including the cleaning using
17 kitchen cleaning products with required personal protective
18 equipment, operation of machines and devices used in the
19 performance of such work, including but not limited to
20 microwaves, dishwashers, toasters, dumb-waiters, popcorn
21 poppers, milk shake blenders, and coffee grinders.
22 9. a. Work in connection with motor vehicles and trucks if
23 confined to the following:
24 (1) Dispensing gasoline and oil.
25 (2) Courtesy service.
26 (3) Car cleaning, washing, and polishing.
27 b. Nothing in this subsection shall be construed to include
28 work involving the use of pits, racks, or lifting apparatus or
29 involving the inflation of any tire mounted on a rim equipped
30 with a removable retaining ring.
31 10. Cleaning vegetables and fruits, and wrapping, sealing,
32 labeling, weighing, pricing, and stocking goods when performed
33 in areas physically separate from areas where meat is prepared,
34 for sale and outside including work in freezers or and meat
35 coolers.
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1 11. Loading onto motor vehicles and unloading from motor
2 vehicles of the light, non-power-driven hand tools and personal
3 protective equipment that the minor will use as part of their
4 employment at the work site. Such light tools include but are
5 not limited to rakes, hand-held clippers, shovels, and brooms.
6 Such light tools do not include items such as trash, sales
7 kits, promotion items or items for sale, lawn mowers, or other
8 power-driven lawn maintenance equipment.
9 12. Laundering.
10 13. Work in the production of seed, limited to removal of
11 off-type plants and corn tassels and hand-pollinating from June
12 1 through Labor Day.
13 14. Other work approved by the rules adopted pursuant to
14 chapter 17A by the labor commissioner.
15 Sec. 4. Section 92.6, Code 2023, is amended to read as
16 follows:
17 92.6 Fourteen and fifteen —— occupations work activities not
18 permitted.
19 1. Persons fourteen and fifteen years of age may not be
20 employed in:
21 a. Any manufacturing occupation work activity.
22 b. Any mining occupation work activity.
23 c. Processing occupations work activities, except in a
24 retail, food service, or gasoline service establishment in
25 those specific occupations work activities expressly permitted
26 under the provisions of section 92.5.
27 d. Occupations Work activities requiring the performance
28 of any duties in workrooms or work places where goods are
29 manufactured, mined, or otherwise processed, except to the
30 extent expressly permitted in retail, food service, or gasoline
31 service establishments under the provisions of section 92.5.
32 e. Public messenger service.
33 f. Operation or tending of hoisting apparatus or of any
34 power-driven machinery, other than office machines and machines
35 in retail, food service, and gasoline service establishments
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1 which are specified in section 92.5 as machines which that such
2 minors may operate in such establishments.
3 g. Occupations Work activities prohibited by rules adopted
4 pursuant to chapter 17A by the labor commissioner.
5 h. Occupations Work activities in connection with the
6 following, except office or sales work in connection with these
7 occupations work activities, not performed on transportation
8 media or at the actual construction site:
9 (1) Transportation of persons or property by rail, highway,
10 air, on water, pipeline, or other means.
11 (2) Warehousing and storage.
12 (3) Communications and public utilities.
13 (4) Construction, including repair.
14 i. Any of the following occupations work activities in a
15 retail, food service, or gasoline service establishment:
16 (1) Work performed in or about boiler or engine rooms.
17 (2) Work in connection with maintenance or repair of the
18 establishment, machines, or equipment.
19 (3) Outside window washing that involves working from
20 window sills, and all work requiring the use of ladders,
21 scaffolds, or their substitutes.
22 (4) Cooking except at soda fountains, lunch counters, snack
23 bars, or cafeteria serving counters, and baking.
24 (5) Occupations which Work activities that involve
25 operating, setting up, adjusting, cleaning, oiling, or
26 repairing power-driven food slicers and grinders, food choppers
27 and cutters, and bakery-type mixers.
28 (6) Work in freezers and meat coolers and all work in
29 preparation of meats for sale, except wrapping, sealing,
30 labeling, weighing, pricing, and stocking when performed in
31 other areas.
32 (7) (6) Loading and unloading goods to and from trucks,
33 railroad cars, or conveyors, except as permitted by section
34 92.5, subsection 11.
35 (8) (7) All occupations work activities in warehouses
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1 except office and clerical work.
2 j. Laundering, except for the use of a washing machine
3 which has a capacity of less than ten cubic feet and which is
4 designed to reach an internal temperature which does not exceed
5 212 degrees Fahrenheit.
6 2. Nothing in this section shall be construed as prohibiting
7 office, errand, or packaging work when done away from moving
8 machinery.
9 Sec. 5. NEW SECTION. 92.6A Fifteen —— permitted work
10 activities.
11 1. Persons fifteen years of age may be employed or permitted
12 to work in any of the work activities provided in section 92.5
13 in addition to the following work activities:
14 a. Loading and unloading non-power-driven equipment weighing
15 up to thirty pounds into motor vehicles.
16 b. Loading and unloading groceries and other retail items
17 weighing up to thirty pounds into motor vehicles.
18 c. Stocking shelves with items weighing up to thirty pounds.
19 d. If properly licensed, work as a lifeguard or swim
20 instructor at a traditional swimming pool or amusement park.
21 2. The commissioner may issue a waiver of any weight
22 limitations provided in subsection 1 of up to fifty pounds
23 depending on the strength and ability of the fifteen-year-old.
24 3. The commissioner may issue a waiver for a
25 fifteen-year-old to be able to load and unload light
26 power-driven lawn machines based on the ability of the minor if
27 the minor is supervised, the machine is powered off, and the
28 safety key is stored away from the machine.
29 4. The commissioner may issue a waiver for a
30 fifteen-year-old to perform light assembly work as long
31 as the assembly is not performed on machines or in an area with
32 machines.
33 Sec. 6. NEW SECTION. 92.6B Fifteen —— work activities not
34 permitted.
35 1. Persons fifteen years of age may not be employed in:
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1 a. Any manufacturing work activity.
2 b. Any mining work activity.
3 c. Processing work activities, except in a retail, food
4 service, or gasoline service establishment in those specific
5 work activities expressly permitted under the provisions of
6 section 92.5.
7 d. Work activities requiring the performance of any duties
8 in workrooms or work places where goods are manufactured,
9 mined, or otherwise processed, except to the extent expressly
10 permitted in retail, food service, or gasoline service
11 establishments under the provisions of section 92.5.
12 e. Public messenger service.
13 f. Operation or tending of hoisting apparatus or of any
14 power-driven machinery, other than office machines and machines
15 in retail, food service, and gasoline service establishments
16 which are specified in section 92.5 as machines that such
17 minors may operate in such establishments.
18 g. Work activities prohibited by rules adopted pursuant to
19 chapter 17A by the labor commissioner.
20 h. Work activities in connection with the following,
21 except office or sales work in connection with these work
22 activities, not performed on transportation media or at the
23 actual construction site:
24 (1) Transportation of persons or property by rail, highway,
25 air, on water, pipeline, or other means.
26 (2) Warehousing and storage.
27 (3) Communications and public utilities.
28 (4) Construction, including repair.
29 i. Any of the following work activities in a retail, food
30 service, or gasoline service establishment:
31 (1) Work performed in or about boiler or engine rooms.
32 (2) Work in connection with maintenance or repair of the
33 establishment, machines, or equipment.
34 (3) Outside window washing that involves working from
35 window sills, and all work requiring the use of ladders,
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1 scaffolds, or their substitutes.
2 (4) Cooking except at soda fountains, lunch counters, snack
3 bars, or cafeteria serving counters, and baking.
4 (5) Work activities that involve operating, setting
5 up, adjusting, cleaning, oiling, or repairing power-driven
6 food slicers and grinders, food choppers and cutters, and
7 bakery-type mixers.
8 (6) Loading and unloading goods to and from trucks, railroad
9 cars, or conveyors, except as permitted by section 92.5,
10 subsection 11, and section 92.6A.
11 (7) All work activities in warehouses except office and
12 clerical work.
13 2. Nothing in this section shall be construed as prohibiting
14 office, errand, or packaging work when done away from moving
15 machinery.
16 Sec. 7. Section 92.7, Code 2023, is amended to read as
17 follows:
18 92.7 Under sixteen —— hours permitted.
19 A person under sixteen years of age shall not be employed
20 with or without compensation, except as provided in sections
21 92.2 92.5 and 92.3 92.6A, before the hour of 7:00 a.m. or after
22 7:00 9:00 p.m., except during the period from June 1 through
23 Labor Day when the hours may be extended to 9:00 11:00 p.m.
24 If such person is employed for a period of five hours or more
25 each day, an intermission of not less than thirty minutes shall
26 be given. Such a person shall not be employed for more than
27 eight hours in one day, exclusive of intermission, and shall
28 not be employed for more than forty hours in one week. The
29 hours of work of persons under sixteen years of age employed
30 outside school hours shall not exceed four six in one day or
31 twenty-eight in one week while school is in session.
32 Sec. 8. NEW SECTION. 92.7A Seventeen —— hours permitted.
33 A person who is seventeen years of age may work the same
34 hours as a person who is eighteen years of age.
35 Sec. 9. Section 92.8, Code 2023, is amended to read as
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1 follows:
2 92.8 Under eighteen —— prohibited occupations work
3 activities.
4 No person under eighteen years of age shall be employed
5 or permitted to work with or without compensation at any
6 of the following occupations work activities or business
7 establishments:
8 1. Occupations Work activities in or about plants or
9 establishments manufacturing or storing explosives or articles
10 containing explosive components, except performing light
11 assembly work as long as the assembly is not performed on
12 machines or in an area with machines.
13 2. Occupations of motor vehicle driver and helper.
14 3. 2. Logging occupations Logging and occupations in
15 the operation of any sawmill, lath mill, shingle mill, or
16 cooperage-stock mill.
17 4. 3. Occupations involved in the operation Operation of
18 power-driven woodworking machines.
19 5. 4. Occupations Work activities involving exposure to
20 radioactive substances and to ionizing radiations.
21 6. 5. Occupations involved in the operation Operation of
22 elevators and other power-driven hoisting apparatus.
23 7. 6. Occupations involved in the operation Operation of
24 power-driven metal forming, punching, and shearing machines.
25 8. 7. Occupations in connection with Coal mining.
26 9. 8. Occupations Work activities in or about slaughtering
27 and meat packing establishments and rendering plants, provided
28 that work activities in office, shipping, and assembly areas
29 shall not be prohibited by this chapter.
30 10. 9. Occupations involved in the operation Operation
31 of certain power-driven bakery machines. Except as otherwise
32 provided in this subsection, this subsection does not apply to
33 the operation of pizza dough rollers that are a type of dough
34 sheeter that have been constructed with safeguards contained in
35 the basic design so as to prevent fingers, hands, or clothing
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1 from being caught in the in-running point of the rollers,
2 that have gears that are completely enclosed, and that have
3 microswitches that disengage the machinery if the backs or
4 sides of the rollers are removed, only when all the safeguards
5 detailed in this subsection are present on the machinery, are
6 operational, and have not been overridden. However, this
7 subsection does apply to the setting up, adjusting, repairing,
8 oiling, or cleaning of pizza dough rollers as described in this
9 subsection.
10 11. 10. Occupations involved in the operation Operation of
11 certain power-driven paper products machines, except bailers if
12 the machine is powered off and the key