40.1-100 - Certain employment prohibited or limited.
§ 40.1-100. Certain employment prohibited or limited.
A. No child under 18 years of age shall be employed, permitted or suffered towork:
1. In any mine, quarry, tunnel, underground scaffolding work; in or about anyplant or establishment manufacturing or storing explosives or articlescontaining explosive components; in any occupation involving exposure toradioactive substances or to ionizing radiations including X-ray equipment;
2. At operating or assisting to operate any grinding, abrasive, polishing orbuffing machine, any power-driven metal forming, punching or shearingmachine, power-driven bakery machine, power-driven paper products machine,any circular saw, band saw or guillotine shear, or any power-drivenwoodworking machine;
3. In oiling or assisting in oiling, wiping and cleaning any such machinery;
4. In any capacity in preparing any composition in which dangerous orpoisonous chemicals are used;
5. In any capacity in the manufacturing of paints, colors, white lead, orbrick tile or kindred products, or in any place where goods of alcoholiccontent are manufactured, bottled, or sold for consumption on the premisesexcept in places (i) licensed pursuant to subdivision 5 of § 4.1-207,provided that a child employed at the premises shall not serve or dispense inany manner alcoholic beverages or (ii) where the sale of alcoholic beveragesis merely incidental to the main business actually conducted, or to deliveralcoholic goods;
6. In any capacity in or about excavation, demolition, roofing, wrecking orshipbreaking operations;
7. As a driver or a helper on an automobile, truck, or commercial vehicle;however, children who are at least 17 years of age may drive automobiles ortrucks on public roadways if:
a. The automobile or truck does not exceed 6,000 pounds gross vehicle weight,the vehicle is equipped with seat belts for the driver and any passengers,and the employer requires the employee to use the seatbelts when driving theautomobile or truck;
b. Driving is restricted to daylight hours;
c. The employee has a valid State license for the type of driving involvedand has no record of any moving violations at the time of hire;
d. The employee has successfully completed a State-approved driver educationcourse;
e. The driving does not involve: (i) the towing of vehicles; (ii) routedeliveries or route sales; (iii) the transportation for hire of property,goods, or passengers; (iv) urgent, time-sensitive deliveries; or (v) thetransporting at any time of more than three passengers, including theemployees of the employer;
f. The driving performed by the employee does not involve more than two tripsaway from the primary place of employment in any single day for the purposeof delivering goods of the employee's employer to a customer;
g. The driving performed by the employee does not involve more than two tripsaway from the primary place of employment in any single day for the purposeof transporting passengers, other than employees of the employer;
h. The driving takes place within a 30-mile radius of the employee's place ofemployment; and
i. The driving is only occasional and incidental to the employee's employmentand involves no more than one third of the employee's work time in anyworkday and no more than 20 percent work time in any work week;
8. In logging or sawmilling, or in any lath mill, shingle mill orcooperage-stock mill, or in any occupation involving slaughtering,meatpacking, processing or rendering;
9. In any occupation determined and declared hazardous by rules andregulations promulgated by the Commissioner of Labor and Industry, except asotherwise provided in subsection D.
Notwithstanding the provisions of this section, children 16 years of age orolder who are serving a voluntary apprenticeship as provided in Chapter 6 (§40.1-117 et seq.) of this title may be employed in any occupation inaccordance with rules and regulations promulgated by the Commissioner.
B. Except as part of a regular work-training program in accordance with §§40.1-88 and 40.1-89, no child under 16 years of age shall be employed,permitted or suffered to work:
1. In any manufacturing or mechanical establishment, in any commercialcannery; in the operation of any automatic passenger or freight elevator; inany dance studio; or in any hospital, nursing home, clinic, or otherestablishment providing care for resident patients as a laboratory helper,therapist, orderly, or nurse's aide; in the service of any veterinarian whiletreating farm animals or horses; in any warehouse; in processing work in anylaundry or dry cleaning establishment; in any undertaking establishment orfuneral home; in any curb service restaurant, in hotel and motel roomservice; in any brick, coal or lumber yard or ice plant or in ushering intheaters. Children 14 years of age or more may be engaged in office work of aclerical nature in bona fide office rooms in the above types ofestablishments.
2. In any scaffolding work or construction trade; or in any outdoor theater,cabaret, carnival, fair, floor show, pool hall, club, or roadhouse; or as alifeguard at a beach.
C. Children 14 years of age or more may be employed by dry cleaning orlaundry establishments in branch stores where no processing is done on thepremises, and in hospitals, nursing homes, and clinics where they may beengaged in kitchen work, tray service or room and hall cleaning. Children 14years of age or more may be employed in bowling alleys completely equippedwith automatic pin setters, but not in or about such machines, and in sodafountains, restaurants and hotel and motel food service departments. Children14 years of age or more may work as gatekeepers and in concessions atswimming pools and may be employed by concessionaires operating on beacheswhere their duties and work pertain to the handling and distribution of beachchairs, umbrellas, floats and other similar or related beach equipment.
D. Notwithstanding any other provision of this chapter:
1. Children aged 16 years or older employed on farms, in gardens or inorchards may operate, assist in operating, or otherwise perform workinvolving a truck, excluding a tractor trailer, or farm vehicle as defined in§ 46.2-1099, in their employment;
2. Children aged 14 years or older employed on farms, in gardens or inorchards may perform work as a helper on a truck or commercial vehicle intheir employment, while engaged in such work exclusively on a farm, in agarden or in an orchard;
3. Children aged 16 years or older may participate in all activities of avolunteer fire company; however, any such child shall not enter a burningstructure or a structure which contains burning materials prior to obtainingcertification under National Fire Protection Association 1001, level one,fire fighter standards, pursuant to the provisions of clause (i) ofsubsection A of § 40.1-79.1, except where entry into a structure thatcontains burning materials is during training necessary to attaincertification under National Fire Protection Association 1001, level one,firefighter standards, as administered by the Department of Fire Programs.
(Code 1950, § 40-109; 1956, cc. 443, 463; 1958, c. 321; 1960, c. 434; 1964,c. 503; 1968, c. 278; 1970, c. 321; 1972, c. 824; 1973, c. 13; 1979, cc. 219,348; 1991, c. 511; 1994, c. 156; 2005, c. 151; 2007, c. 645; 2008, c. 552;2009, c. 218.)