294.022. Employment in entertainment industry, definitions, limitations.
Employment in entertainment industry, definitions,limitations.
294.022. 1. For the purposes of this section, the following terms mean:
(1) "Employer", any person, firm or corporation employing or seeking toemploy a child in the entertainment industry;
(2) "Entertainment industry", any person, employer, firm or corporationusing the services of a child as a performer, extra or in any other performingcapacity in motion picture productions, television or radio productions,theatrical productions, modeling productions, horse shows, rodeos and musicalperformances;
(3) "Work permit", a written certification issued by the director whichspecifies the terms and duration of the work permit for a child under sixteenyears of age, for the purposes of employment as a performer, extra or in anyother performing capacity in the entertainment industry. A work permit may beissued for a period of twelve months or more and shall be eligible for renewalat the child's next birthday. A work permit shall generally be issued for atwelve-month period of time.
2. No child may be employed in the entertainment industry without anentertainment work permit issued by the director. No permit shall be issuedwithout the following:
(1) Proof of age by birth certificate or other documentary evidence;
(2) Written consent of the child's parent, legal custodian or guardian;
(3) Upon entering into a contractual employment agreement, a writtenstatement from the prospective employer shall be kept on file by theprospective employer. The written statement shall set forth the nature ofemployment and the projected duration of the employment or project.
3. No child shall be permitted at the place of employment, unless theparent, legal custodian, guardian or designated guardian of a child is presentat all times that the child is at the place of employment, and such person mayaccompany the child to wardrobe, makeup, hairdressing and dressing roomfacilities. The parent, legal custodian, guardian or designated guardian maydesignate an individual to accompany the child during times the child is atthe place of employment, provided the designation is made in writing, signedby the parent or guardian and presented to the employer prior to the child'sscheduled work. A copy of the written designation shall be kept on file bythe employer at the site of the employment or project.
4. The employer shall designate one individual on each set, stage orother place of employment to coordinate all matters relating to the welfare ofchildren and shall notify the parent, legal custodian or guardian of eachchild of the name of such individual.
5. All of the hours in which a child may be at the place of employmentare exclusive of meal periods. Meal periods shall be at least one-half hour,but not more than one hour in duration. In no event may a child be at theplace of employment for a period longer than five and one-half hours without ameal break.
6. A child shall receive a twelve-hour rest break at the end of thechild's work day and prior to the commencement of the child's next day of workfor the same employment. A child shall also receive a fifteen minute restperiod after each two hours of continuous work.
7. The employer shall provide a suitable place to rest or play for thechildren at the site of employment.
8. The time spent by children in rehearsals and in learning orpracticing any of the arts, such as singing or dancing, for, or under thedirection of, a motion picture studio, theater or television studio shall becounted as work time under this section of law. Periods for meal breaks shallnot be included in the overall work time; however, rest breaks shall beincluded in the overall work time.
9. No child shall be required to work in a situation which places thechild in a clear and present danger to life or limb. If a child believes heor she is in such a dangerous situation, after discussing the matter with hisor her parent, legal custodian, guardian or designated person and theemployer, the child shall not be required to perform in such situation,regardless of the validity or reasonableness of the child's belief.
10. No child shall be required to work with an animal which a reasonableperson would regard as dangerous in the same circumstances, unless an animaltrainer or handler qualified by training and experience is present.
11. No child shall be required to perform a stunt without priorconsultation with the child, the child's parent, legal custodian or guardianand the employer. The prior written consent of the child's parent, legalcustodian or guardian shall be obtained for the performance of any unusualphysical, athletic or acrobatic activity, stunts, work involving specialeffects or other potentially hazardous activity. When any unusual physical,athletic or acrobatic activity, stunts, special effects or other potentiallyhazardous activity involving a child is to be done, the employer shall haveavailable a person qualified to administer medical assistance on an emergencybasis and transportation to the nearest medical facility providing emergencyservices. First-aid kits shall always be available at a child's place ofemployment.
12. No child shall work in close proximity to explosives or thefunctioning parts of unguarded and dangerous moving equipment, aircraft orvessels, or of functioning blades or propellers.
13. An entertainment work permit does not authorize a child to be absentfrom school in violation of the requirements of state law or regulations orpolicies of the state board of education, the Missouri department ofelementary and secondary education or the local school board.
(L. 1995 H.B. 300 & 95 merged with H.B. 414)