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Chapter 296-125 WAC

Last Update: 7/19/99

NONAGRICULTURAL EMPLOYMENT OF MINORS

WAC Sections

Applicability.
Definitions.
Minimum age for employment.
MASTER BUSINESS LICENSE/MINOR WORK PERMIT ENDORSEMENT
If I plan to employ minors in my business, what general requirements do I have to satisfy?
Do I need minor work permit endorsements for my business?
What if I employ minors at several different workplaces?
Are there working condition restrictions which may be placed on my minor work permit endorsements?
Do my minor work permit endorsements expire?
Can I renew my minor work permit endorsements?
How long must my minor work permit endorsements stay in force?
Do I need to post my minor work permit endorsements?
Can the department of labor and industries refuse to issue or renew, revoke, suspend or modify my minor work permit endorsements?
Can I appeal the department's refusal to issue or renew, or to revoke, suspend or modify my minor work permit endorsements?
House-to-house sales.
PARENT/SCHOOL AUTHORIZATION FORMS
If I employ minors, do I need authorization from the parent or school?
Where can I obtain a parent/school authorization form?
Do parent/school authorization forms expire?
What information must a minor provide on the parent/school authorization form?
What information must an employer provide on the parent/school authorization form?
What information must a parent or legal guardian provide on the parent/school authorization form?
What information must a school provide on the parent/school authorization form?
What if a minor is no longer attending school?
Can a parent, legal guardian or school revoke the work authorization previously given on the parent/school authorization form?
Hours of work for minors.
RECORDKEEPING
When I employ minors, what recordkeeping requirements must I satisfy?
What is the department's enforcement authority?
MEAL AND REST BREAKS FOR MINORS
What regulations apply to meal and rest breaks for my fourteen-year-old and fifteen-year-old minors?
What regulations apply to meal and rest breaks for my sixteen-year-old and seventeen-year-old employees?
Prohibited and hazardous employment—All minors.
Prohibited and hazardous employment—Special restrictions for minors under the age of 16.
Minimum wages—Minors.
VARIANCES
What is a variance?
How do I obtain a variance?
What does "good cause" mean?
Are there special requirements that I must satisfy if I request a variance to employ minors under the age of sixteen in house-to-house sales?
What criteria will be used to evaluate my variance request?
Do my variances expire?
Can my variances be renewed?
Can the department of labor and industries revoke, suspend, or modify my variances?
Can I appeal the department's action to revoke, suspend or modify my variances?
SPECIAL VARIANCES
What is a special variance?
What criteria will be followed in evaluating my special variance request?
How can a school district or individual private school qualify for participation in the special variance process?
Where can a school district or individual private school obtain a copy of the special variance process enrollment form?
In addition to completing the enrollment form, what other requirements must be satisfied before a school district or private school can participate in the special variance program?
What is the employer's responsibility in providing information to the minor, the minor's parent or legal guardian, and school officials?
What other information about special variance requests is important?
What are the consequences of submitting an incomplete special variance request form?
Can a school district or private school appeal the department's decision to revoke its participation in the special variance program?
What are the criteria used by a school to evaluate special variance requests?
Do special variances expire?
Can the department of labor and industries revoke, suspend, or modify a special variance?
Can the parties to a special variance revoke it?
Can the department's action to refuse to issue or renew, revoke, suspend or modify a special variance be appealed?
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
296-125-019
Prerequisites to employing minors. [Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068, § 296-125-019, filed 12/11/92, effective 3/1/93.] Repealed by WSR 99-15-071, filed 7/19/99, effective 8/19/99. Statutory Authority: Chapter 49.12 RCW.
296-125-020
Minor work permits. [Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068, § 296-125-020, filed 12/11/92, effective 3/1/93; Order 76-15, § 296-125-020, filed 5/17/76; Order 71-5, § 296-125-020, filed 5/26/71, effective 7/1/71; Section C, filed 9/18/63; Rules (part), filed 3/23/60.] Repealed by WSR 99-02-041, filed 12/31/98, effective 1/31/99. Statutory Authority: RCW 49.12.121.
296-125-023
Posting. [Order 76-15, § 296-125-023, filed 5/17/76.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-025
Conditions governing issuance of permits. [Order 74-9, § 296-125-025, filed 3/13/74, effective 4/15/74; Order 71-5, § 296-125-025, filed 5/26/71, effective 7/1/71; Section D, filed 9/18/63; Rules (part), filed 3/12/60.] Repealed by Order 76-15, filed 5/17/76.
296-125-026
Parent/school authorization forms. [Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068, § 296-125-026, filed 12/11/92, effective 3/1/93.] Repealed by WSR 99-02-041, filed 12/31/98, effective 1/31/99. Statutory Authority: RCW 49.12.121.
296-125-028
Meal and rest breaks for minors. [Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068, § 296-125-028, filed 12/11/92, effective 3/1/93.] Repealed by WSR 99-02-041, filed 12/31/98, effective 1/31/99. Statutory Authority: RCW 49.12.121.
296-125-035
Working conditions. [Section F, filed 9/18/63; Rules (part), filed 3/23/60.] Repealed by Order 71-5, filed 5/26/71, effective 7/1/71.
296-125-040
Issuance of permit. [Order 71-5, § 296-125-040, filed 5/26/71, effective 7/1/71; Section G, filed 9/18/63; Rules (part), filed 3/23/60.] Repealed by Order 76-15, filed 5/17/76.
296-125-045
Denial of permit. [Order 71-5, § 296-125-045, filed 5/26/71, effective 7/1/71; Section H, filed 9/18/63.] Repealed by Order 76-15, filed 5/17/76.
296-125-050
Posting, recordkeeping, and authority to enter, inspect, and investigate. [Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068, § 296-125-050, filed 12/11/92, effective 3/1/93; Order 76-15, § 296-125-050, filed 5/17/76; Order 71-5, § 296-125-050, filed 5/26/71, effective 7/1/71; Section I, filed 9/18/63; Rules (part), filed 3/23/60.] Repealed by WSR 99-02-041, filed 12/31/98, effective 1/31/99. Statutory Authority: RCW 49.12.121.
296-125-055
Revocation of permits. [Order 76-15, § 296-125-055, filed 5/17/76; Order 71-5, § 296-125-055, filed 5/26/71, effective 7/1/71; Section J, filed 9/18/63; Rules (part), filed 3/23/60.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-060
Variances. [Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068, § 296-125-060, filed 12/11/92, effective 3/1/93; Order 76-15, § 296-125-060, filed 5/17/76.] Repealed by WSR 99-02-041, filed 12/31/98, effective 1/31/99. Statutory Authority: RCW 49.12.121.
296-125-070
Special variances. [Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068 and 93-04-112, § 296-125-070, filed 12/11/92 and 2/3/93, effective 3/1/93 and 7/1/93.] Repealed by WSR 99-02-041, filed 12/31/98, effective 1/31/99. Statutory Authority: RCW 49.12.121.
296-125-110
Applicability. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-110, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-115
Definitions. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-115, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-120
Filing of registration certificate. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-120, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-125
Application for initial and renewed registration. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-125, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-130
Posting. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-130, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-135
Identification cards. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-135, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-140
House to house employment standards. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-140, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-145
Transporting minors out-of-state. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-145, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-155
Recordkeeping. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-155, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-160
Revocation of registration certificate. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-160, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-165
Denial of registration certificate. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-165, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-170
Employment of minors under the age of sixteen. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-170, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.
296-125-175
Length of registration period. [Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-175, filed 11/3/89, effective 11/20/89.] Repealed by WSR 93-01-068, filed 12/11/92, effective 3/1/93. Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060.


296-125-010
Applicability.

[Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068, § 296-125-010, filed 12/11/92, effective 3/1/93; Order 76-15, § 296-125-010, filed 5/17/76; Order 74-9, § 296-125-010, filed 3/13/74, effective 4/15/74; Order 71-5, § 296-125-010, filed 5/26/71, effective 7/1/71; Section A, filed 9/18/63; Rules (part), filed 3/23/60.]



296-125-015
Definitions.

For the purposes of this chapter:
(1) "Department" means the Washington state department of labor and industries.
(3) "Employee" means any minor employed by an employer, including minors who work pursuant to any arrangement, including contract, whether implied, express, oral, or written in house-to-house sales, but does not include newspaper vendors or carriers, domestic or casual labor in or about private residences, minors employed in agricultural labor as defined by RCW 50.04.150, or minors employed for house-to-house sales by their parents or stepparents.
(4) "Employer" means any person, association, partnership, private or public corporation that employs or exercises control over the wages, hours, working conditions, or workplace of a minor, and for purposes of house-to-house sales includes any distributor or other person, association, partnership, private or public corporation that enters into any arrangement, including contract, whether implied, express, oral, or written, with a minor whereby the minor works in house-to-house sales; but does not include employers of agricultural labor as defined by RCW 50.04.150, employers of newspaper vendors or carriers, employers of casual labor in or about the employers' private residences, parents or stepparents employing their own minor children for house-to-house sales, the state, a state institution, a state agency, a political subdivision of the state, a municipal corporation, or a quasi-municipal corporation.
(5) "House-to-house sales" means a sale or other transaction in consumer goods, the demonstration of products or equipment, the obtaining of orders for consumer goods, or the obtaining of contracts for services, in which an employee personally solicits the sale or transaction at a place other than the place of business of the employer or the residence of the employee.
(6) "Minor" means a person under the age of eighteen years.
(7) "School holiday" means a day of a school week on which the school at which a minor employee is enrolled is scheduled to be closed. If a minor employee is not enrolled in school, school holidays shall be determined by the schedule of the public school district in which the minor resides.
(8) "School vacation" means the spring break, winter break, and summer break of the school at which a minor employee is enrolled, or if not enrolled the public school district in which a minor resides.
(9) "Transport" means the conveyance, provision of a means of conveyance, or reimbursement or payment for the cost of conveyance at the direction or under the control of an employer or an employer's agent.
(10) "Workplace" means any worksite, premises, or location where minors work.
[Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068, § 296-125-015, filed 12/11/92, effective 3/1/93. Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-015, filed 11/3/89, effective 11/20/89; Order 76-15, § 296-125-015, filed 5/17/76; Order 74-9, § 296-125-015, filed 3/13/74, effective 4/15/74; Order 71-5, § 296-125-015, filed 5/26/71, effective 7/1/71; Section B, filed 9/18/63; Rules (part), filed 3/23/60.]



296-125-018
Minimum age for employment.

(1) Pursuant to RCW 26.28.060, a written order issued by a judge of a superior court of the county in which a minor lives is a prerequisite to the hiring, not otherwise prohibited by federal law, of any minor under the age of fourteen for any labor in or in connection with any store, shop, factory, mine, or inside employment other than inside employment connected with farm or housework.
(2) No employer shall employ a minor under the age of sixteen in house-to-house sales, unless the department has granted a variance to an employer for that specific purpose.
[Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068, § 296-125-018, filed 12/11/92, effective 3/1/93.]



296-125-0200
If I plan to employ minors in my business, what general requirements do I have to satisfy?

(1) You must obtain, keep current and post valid minor work permit endorsements issued by the department.
(3) You must obtain and keep on file a completed parent/school authorization form for each minor you employ.
(4) You must keep on file any variances issued to you according to variance and/or special variance sections of this chapter.
(5) If you sponsor bona fide unpaid work-based learning programs approved by the office of the superintendent of public instruction or a local school district, you are not required to obtain minor work permit endorsements for those programs.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0200, filed 12/31/98, effective 1/31/99.]



296-125-0210
Do I need minor work permit endorsements for my business?

If you plan to employ one or more minors, you must obtain, keep current and post valid minor work permit endorsements before you:
(1) Employ minors; or
(2) Allow minors to work at your workplace; or
(3) Allow minors to work under work conditions controlled by you.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0210, filed 12/31/98, effective 1/31/99.]



296-125-0211
What if I employ minors at several different workplaces?

(1) You must obtain, keep current and post separate minor work permit endorsements for each workplace at which you employ minors.
(2) In those situations where you place minors in a workplace controlled by another employer, you and the other employer must obtain, keep current and post minor work permit endorsements at that workplace.
(3) When you employ minors in multiple workplaces, you must obtain, keep current and post minor work permit endorsements at each workplace.
(4) Unless modified or revoked, a single endorsement will allow you to employ any number of minors at the workplace specified on the endorsement.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0211, filed 12/31/98, effective 1/31/99.]



296-125-0220
Are there working condition restrictions which may be placed on my minor work permit endorsements?

Minor work permit endorsements may include restrictions, consistent with this chapter, on minors' working conditions.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0220, filed 12/31/98, effective 1/31/99.]



296-125-0221
Do my minor work permit endorsements expire?

Your minor work permit endorsements will expire one year from the date of issue.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0221, filed 12/31/98, effective 1/31/99.]



296-125-0222
Can I renew my minor work permit endorsements?

You may renew your minor work permit endorsements. However, filing an application for renewal does not automatically result in an extension of your endorsement. The department may refuse to renew your endorsement if you have:
(1) Failed to satisfy a condition related to the initial issuance of the endorsement; or
(2) Violated the requirements of this chapter; or
(3) Any other condition that the department finds is or could be detrimental to the health, safety, or welfare of minors.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0222, filed 12/31/98, effective 1/31/99.]



296-125-0223
How long must my minor work permit endorsements stay in force?

Unless revoked, suspended or modified by the department, your minor work permit endorsements must remain in full force and effect as long as:
(1) You employ minors; or
(2) Have minors working at your workplace; or
(3) Have minors working under work conditions controlled by you.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0223, filed 12/31/98, effective 1/31/99.]



296-125-0224
Do I need to post my minor work permit endorsements?

At least one copy of your minor work permit endorsements and a current copy of the poster required by WAC 296-126-080 must be posted in plain view of all employees at each workplace specified in each endorsement.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0224, filed 12/31/98, effective 1/31/99.]



296-125-0230
Can the department of labor and industries refuse to issue or renew, revoke, suspend or modify my minor work permit endorsements?

The department may refuse to issue or renew, revoke, suspend, or modify your minor work permit endorsements if it finds:
(1) A condition related to their issuance has not been satisfied; or
(2) You have violated any requirements of this chapter; or
(3) An existing condition that is or could be detrimental to the health, safety, or welfare of a minor. In this case, the department may issue an order of immediate restraint revoking, suspending or modifying your endorsements. If you appeal the department's action, the order of immediate restraint will remain in force until your appeal is resolved.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0230, filed 12/31/98, effective 1/31/99.]



296-125-0231
Can I appeal the department's refusal to issue or renew, or to revoke, suspend or modify my minor work permit endorsements?

[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0231, filed 12/31/98, effective 1/31/99.]



296-125-024
House-to-house sales.

(1) Minimum age. No minor under the age of sixteen years may be employed in house-to-house sales, unless the department grants a variance to an employer for that specific purpose. A variance must be obtained prior to an employer's employment of any minor under the age of sixteen.
(2) Registration certificates. Each employer of minors in house-to-house sales, or person seeking to advertise to employ a person in house-to-house sales with an advertisement specifically stating a minimum age requirement that is under the age of twenty-one, shall receive from the department, and shall maintain, a valid house-to-house sales registration certificate prior to employing a sixteen- or seventeen-year-old minor for house-to-house sales and prior to advertising for employment.
Employers also must obtain and maintain a valid minor work permit, pursuant to WAC 296-125-020 [ 296-125-0200], and parent/school authorization forms, pursuant to WAC 296-125-126 [ 296-125-0260], prior to employing minors for house-to-house sales. If an employer seeks to transport a minor out of the state of Washington for house-to-house sales, the employer must obtain and keep on file express written authorization from each minor's parent or legal guardian to transport each minor worker out of the state for house-to-house sales.
A valid registration certificate and a valid minor work permit must remain in full force and effect at all times that minors are employed by the employer. When duly issued by the department, and unless modified, suspended, or revoked, such a certificate will authorize the employer to employ any number of sixteen- or seventeen-year-old minors for house-to-house sales in accordance with the provisions of this chapter and in accordance with any limitations listed on the certificate.
(3) Adult supervision requirements.
(a) The employer shall ensure that there is one adult supervisor for every five minor employees employed in house-to-house sales during all work hours. A supervisor may not supervise more than one group of five minor employees.
(b) The employer shall ensure that each supervisor of minor employees is a responsible adult who is at least twenty-one years of age.
(c) The employer shall ensure that each supervisor has contact, personally or verbally, with each minor employee at least once every fifteen minutes. The contact with minor employees may be made by remote means such as telephone or walkie-talkie, but in any case shall be of such a nature as to provide assurance of the minor's health, safety, and welfare. The employer shall ensure that each supervisor is within one-half mile of each supervised minor employee during all working hours.
(d) The employer shall ensure that each minor employee is returned by the employer or its agent to the minor's home or initial point of contact promptly at the end of the minor's work hours. If the minor is returned to the initial point of contact, the employer shall ensure that the location selected is one in which the minor's safety is the first and foremost consideration. Minors shall be protected from risks of injury including, but not limited to, moving vehicles.
(4) Hours restrictions and rest periods. Minors may not be employed in house-to-house sales prior to 7:00 a.m. or after 9:00 p.m., nor during school hours. In addition, employers of minors in house-to-house sales must comply with the further requirements of WAC 296-125-027, concerning maximum number of hours per day and per week, and WAC 296-125-028, concerning mandatory rest and meal breaks.
(5) Employee identification cards.
(a) An employer shall issue to each minor employed in house-to-house sales an identification card with the employee's picture. The identification cards issued shall be exclusively from forms obtained in blank from the department.
(b) An identification card shall be in the possession of each minor employed in house-to-house sales during all working hours, and shall be shown to each customer or potential customer.
(6) Posting. At least one copy of a valid house-to-house sales registration certificate shall be posted in plain view of all employees at the employer's primary place of business within the state of Washington.
(7) Renewal. House-to-house sales registration certificates shall be valid for a one-year period. The filing of an application for renewal of registration does not result in an automatic extension of the one-year registration period. The department may refuse to renew a registration certificate if the department finds that a condition of the previous registration period has not been satisfied, that the employer has violated the requirements of this chapter, or that any other condition exists that is or could be detrimental to the health, safety, or welfare of a minor.
(8) Revocation, suspension, and modification. The department may revoke, suspend, or modify an employer's registration for house-to-house sales if the department finds that a condition of registration is not being satisfied, that the employer has violated the requirements of this chapter, or that any other condition exists which is or could be detrimental to the health, safety, or welfare of a minor. In the event the department finds that a condition exists which is or could be detrimental to the health, safety, or welfare of a minor, the department may take emergency action to revoke or suspend a house-to-house sales registration; in such instances, an appeal of the department's action shall not stay the revocation, suspension, or modification during the pendency of the appeal.
(9) Appeals. An appeal of an action by the department to refuse to issue or renew, or to revoke, suspend, or modify an employer's house-to-house sales registration must be filed in writing with the director of the department within thirty days of the department's action. Such appeal shall be conducted in accordance with the rules of practice and procedure established in chapter 296-10 WAC. Such appeal shall not stay the effectiveness of an emergency action taken by the department pursuant to this section.
[Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068, § 296-125-024, filed 12/11/92, effective 3/1/93.]



296-125-0260
If I employ minors, do I need authorization from the parent or school?

Before allowing a minor to begin work, you must obtain and keep on file, at the minor's workplace, a fully completed parent/school authorization form. As the employer, it is your responsibility to ensure that the parent/school authorization form is complete.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0260, filed 12/31/98, effective 1/31/99.]



296-125-0261
Where can I obtain a parent/school authorization form?

Parent/school authorization forms are issued only to employers with a valid minor work permit endorsement and can be obtained by contacting the local labor and industries office or:
Department of Labor and Industries
Employment Standards Section
PO Box 44510
Olympia WA 98504-4510
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0261, filed 12/31/98, effective 1/31/99.]



296-125-0262
Do parent/school authorization forms expire?

All parent/school authorization forms expire each year on the thirtieth day of September. Therefore, each year, prior to September 30, you must:
(1) Obtain a new form for each of your minors; and
(2) Make sure it is properly completed; and
(3) File it where the minor works.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0262, filed 12/31/98, effective 1/31/99.]



296-125-0263
What information must a minor provide on the parent/school authorization form?

A minor must provide the following personal information:
(1) Name.
(2) Address.
(3) Date of birth*.
(4) Whether he or she is employed at any other job(s) and the total number of hours worked at that job(s).
(5) His or her signature.
*Note:
The date of birth must be supported by proof. Acceptable forms of proof are:
 
□ A birth certificate and a Social Security card; or
 
□ A driver's license; or
 
□ A baptismal record and a Social Security card; or
 
□ A notarized statement of a parent or guardian.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0263, filed 12/31/98, effective 1/31/99.]



296-125-0264
What information must an employer provide on the parent/school authorization form?

As the employer, you must provide the following information:
(1) The location of the minor's workplace(s).
(2) A description of the minor's duties.
(3) The earliest and latest hours the minor would be working.
(4) The total number of hours the minor would work per week.
(5) Your minor work permit endorsement number and expiration date.
(6) Your unified business identifier (UBI) number.
(7) Your signature or the signature of your authorized agent.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0264, filed 12/31/98, effective 1/31/99.]



296-125-0265
What information must a parent or legal guardian provide on the parent/school authorization form?

A parent or legal guardian of a minor must:
(1) Indicate that he or she authorizes (or does not authorize) the minor to work according to the terms listed by the employer.
(2) Sign the form.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0265, filed 12/31/98, effective 1/31/99.]



296-125-0266
What information must a school provide on the parent/school authorization form?

(1) If a minor will be working during the school year, an authorized school official from the minor's school must:
(a) Indicate that the school authorizes (or does not authorize) the minor working according to the terms listed by the employer; and
(b) Sign the form as the school's authorized agent.
(2) Furthermore, if a minor begins work during a school vacation and wishes to continue working after school resumes, the employer must obtain school approval before the minor can continue. School approval must be based upon:
(a) Maintaining an acceptable level of scholastic achievement; and
(b) Maintaining good school attendance; and
(c) Making satisfactory progress toward graduation.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0266, filed 12/31/98, effective 1/31/99.]



296-125-0267
What if a minor is no longer attending school?

(1) A parent or guardian must certify a minor's nonenrolled status if the minor is:
(a) Unmarried and living with a parent or legal guardian; and
(b) No longer enrolled in school; and
(2) If a minor is named on a valid marriage certificate or is living independently of a parent or legal guardian, the minor must:
(a) Certify that he or she is either married or living independently of a parent or guardian; and
(b) Certify his or her nonenrolled status; and
(c) Provide the name and location of the last school attended; and
(d) Provide the name and address or telephone number of an adult emergency contact other than the minor's employer. This contact person must certify that the minor is living independently of a parent or legal guardian.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0267, filed 12/31/98, effective 1/31/99.]



296-125-0268
Can a parent, legal guardian or school revoke the work authorization previously given on the parent/school authorization form?

A parent, legal guardian, or school may revoke authorization at any time by simply notifying the department and the other parties to the authorization.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0268, filed 12/31/98, effective 1/31/99.]



296-125-027
Hours of work for minors.

Employers shall restrict the hours of minors' employment as follows:
(1) During the school year:
(a) Minors may work the following total of hours:
(i) Minors under the age of sixteen:
(A) Maximum of three hours per day on any school day preceding another school day or otherwise a maximum of eight hours per day;
(B) Maximum of six days per week; and
(C) Maximum of sixteen hours per week;
(ii) Sixteen- and seventeen-year-old minors:
(A) Maximum of four hours per day on any school day preceding another school day or otherwise a maximum of eight hours per day;
(B) Maximum of six days per week; and
(C) Maximum of twenty hours per week.
(b) Minors shall work during the following hours only:
(i) Minors under the age of sixteen:
(A) No earlier than 7:00 a.m.;
(B) No later than 7:00 p.m. on any day preceding a school day;
(C) No later than 9:00 p.m. on Fridays, Saturdays, and the day preceding a school holiday or vacation, provided that minors employed past 8:00 p.m. in service occupations shall be supervised by a responsible adult employee who is on the premises at all times; and
(D) Not during school hours;
(E) Except that minors of this age shall not be employed in house-to-house sales without a variance issued by the department pursuant to WAC 296-125-060(7) [ 296-125-0600].
(ii) Sixteen- and seventeen-year-old minors:
(A) No earlier than 7:00 a.m.;
(B) No later than 10:00 p.m. on any day preceding a school day;
(C) No later than 12:00 a.m. on Fridays, Saturdays, and the day preceding a school holiday or vacation, provided that minors employed past 8:00 p.m. in service occupations shall be supervised by a responsible adult employee who is on the premises at all times; and
(D) Not during school hours, unless the minor has been excused from school attendance by the minor's school district superintendent or her or his authorized agent.
(2) During school vacations:
(a) Minors may work the following total of hours:
(i) Minors under the age of sixteen:
(A) Maximum of eight hours per day;
(B) Maximum of six days per week; and
(C) Maximum of forty hours per week;
(D) Except that no minors of this age shall work in house-to-house sales without a variance issued by the department pursuant to WAC 296-125-060(7) [ 296-125-0600].
(ii) Sixteen- and seventeen-year-old minors:
(A) Maximum of eight hours per day;
(B) Maximum of six days per week; and
(C) Maximum of forty-eight hours per week.
(b) Minors shall work during the following hours only:
(i) Minors under the age of sixteen:
(A) No earlier than 7:00 a.m.; and
(B) No later than 9:00 p.m. provided that minors employed past 8:00 p.m. in service occupations shall be supervised by a responsible adult employee who is on the premises at all times.
(ii) Sixteen- and seventeen-year-old minors:
(A) No earlier than 5:00 a.m.; and
(B) No later than 12:00 a.m. provided that minors employed past 8:00 p.m. in service occupations shall be supervised by a responsible adult employee who is on the premises at all times, and except no later than 9:00 p.m. for minors employed in house-to-house sales.
(3) Sixteen- and seventeen-year-old minors who have been issued a certificate of educational competence pursuant to RCW 28A.305.190, are enrolled in a bona fide college program, are named on a valid certificate of marriage, or are shown as the parent on a valid certificate of birth may work as would be permitted during school vacations.
[Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060 and chapters 49.12 and 43.22 RCW and RCW 43.17.060. WSR 93-01-068 and 93-01-116, § 296-125-027, filed 12/11/92 and 12/21/92, effective 7/1/93; Order 76-15, § 296-125-027, filed 5/17/76.]



296-125-0275
When I employ minors, what recordkeeping requirements must I satisfy?

(1) You must create and maintain a file for each minor.
(2) The file must be maintained for three years from the last date of the minor's employment.
(3) The file must contain the following:
(a) A copy of the completed parent/school authorization form with any attachments; and
(b) Copies of any variances you obtained according the requirements of this chapter.
(4) These records must be kept safe and accessible at the place of employment or at a central recordkeeping office where such records are customarily maintained.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0275, filed 12/31/98, effective 1/31/99.]



296-125-0280
What is the department's enforcement authority?

To enforce the requirements of this chapter, the director or the director's authorized representatives can, without delay:
(1) Enter any workplace where work is or has been performed by a minor, or where employment records are, or are required to be maintained; and
(2) Inspect, transcribe, and copy all pertinent records; and
(3) Inspect and investigate any workplace and all pertinent conditions, structures, machines, apparatus, devices, equipment, supplies, and materials located there; and
(4) Question privately any employer, owner, operator, agent, or employee.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0280, filed 12/31/98, effective 1/31/99.]



296-125-0285
What regulations apply to meal and rest breaks for my fourteen-year-old and fifteen-year-old minors?

(1) Since the purpose of meal periods and rest breaks is to provide rest from work, they must not be scheduled near the beginning of the work shift.
(2) The following specific regulations apply to your minors who are fourteen-years-old and fifteen-years-old:
(a) They must not work more than four hours without being given a meal period. This meal period must be at least thirty minutes in length and be separate and distinct from, and in addition to, the rest breaks mandated by this subsection.
(b) They must be given, on your business's time, a rest break of at least ten minutes for every two hours worked.
(c) When they work four-hour periods, they cannot be required to work more than two hours without being given either a ten-minute rest break or a thirty-minute meal period.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0285, filed 12/31/98, effective 1/31/99.]



296-125-0287
What regulations apply to meal and rest breaks for my sixteen-year-old and seventeen-year-old employees?

(1) The following regulations apply to meal periods for your minors who are sixteen-years-old and seventeen-years-old:
(a) They must be allowed meal periods of at least thirty minutes in length.
(b) Their meal periods must start no less than two hours but no more than five hours from the beginning of their work shift.
(c) They must not be required to work more than five consecutive hours without a meal period.
(2) The following regulations apply to rest periods for your minors who are sixteen-years-old and seventeen-years-old:
(a) They must be allowed a rest period of not less than ten minutes, on your time, for each four hours worked.
(b) Their rest periods must be scheduled as near as possible to the midpoint of the work period.
(c) They must receive a rest period at least every three hours.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0287, filed 12/31/98, effective 1/31/99.]



296-125-030
Prohibited and hazardous employment—All minors.

The following employments and occupations as outlined in subsections (1) through (30) of this section, are prohibited for all minors, provided that exemption will be allowed from subsections (5), (8), (9), (11), (13), (15), (16), and (23) of this section when the minor is participating in a bona fide cooperative vocational education program, diversified career experience program, or work experience program certified and monitored by the office of the superintendent of public instruction or the minor employee's school district; further, exemption from the same numbered prohibitions will be allowed for any minor involved in an apprenticeship program registered with the Washington state apprenticeship and training council. The state will not grant variances for employments or occupations prohibited by the United States Department of Labor.
(1) Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components.
(2) Occupations involving regular driving of motor vehicles. Occupations of outside helper or flagger on any public road or highway, work which involves directing moving motor vehicles in or around warehouses or loading/unloading areas including but not limited to loading docks, transfer stations, or landfills, or work which involves towing vehicles. Occasional driving is permissible if: The minor has a valid state driver's license for the type of driving involved; driving is restricted to daylight hours; such driving is only occasional, and is incidental to the minor's employment; vehicle gross weight is under 6,000 pounds; the minor has completed a state-approved driver education course; and seat belts are provided in the vehicle and the minor has been instructed to use them. Occupations involving occasional operation of a bus are prohibited.
(3) All mining occupations.
(4) Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill.
(5) Occupations involving operation or repair, oiling, cleaning, adjusting, or setting up of any power-driven wood-working machines.
(6) Occupations involving potential exposure to radioactive substances and to ionizing radiation.
(7) Occupations involving operation or repair, oiling, cleaning, adjusting, or setting up of elevators. This includes riding on a manlift.
(8) Occupations involving operation or repair, oiling, cleaning, adjusting, or setting up of power-driven metal-forming, punching, and shearing machines.
(9) Occupations involving slaughtering, meat packing, processing, or rendering.
(10) Occupations involving operation or repair, oiling, cleaning, adjusting, or setting up of power-driven bakery machines.
(11) Occupations involving operation or repair, oiling, cleaning, adjusting, or setting up of power-driven paper-products machines.
(12) Occupations involving manufacturing of brick, tile, and kindred products.
(13) Occupations involving operation or repair, oiling, cleaning, adjusting, or setting up of power-driven circular saws, band saws, and guillotine shears.
(14) Occupations involving wrecking, demolition, and shipbreaking operations.
(15) All roofing operations.
(16) Occupations involving excavations.
(17) Occupations involving operation or repair, oiling, cleaning, adjusting, or setting up of or working in proximity to earth-moving machines, hoisting apparatus, cranes, garbage-compactors, trash-compactors or other compactors, paper-balers or other balers, or other heavy equipment including, but not limited to, graders, bulldozers, earth compactors, backhoes, and tractors. Working in proximity shall mean working within the radius of movement of any portion of the machinery where one could be struck or otherwise injured. It shall not include work in proximity to ski-lift apparatus. This prohibition shall not invalidate activities allowed under subsection (2) of this section.
(18) Work in establishments or workplaces being picketed during the course of a labor dispute.
(19) Work as a nurse's aide/assistant; unless the minor is a student in a bona fide state-certified nursing training program or has successfully completed such a program.
(20) Work as a maid or bellhop in motels or hotels, unless the minor is accompanied by a responsible adult whenever the work requires the minor to enter an assigned guest room, whether or not it is occupied at the time the minor is in the room. Minors may work in unassigned, unoccupied guest rooms unaccompanied by an adult.
(21) Work in sauna or massage parlors, body painting or tattoo studios, or adult entertainment establishments.
(22) Occupations requiring the wearing of personal protective equipment or wearing apparel as defined and required by statutes or rules and regulations administered by the department's division of industrial safety and health as related to hazardous substances exposure and/or hazardous noise exposure per chapters 296-24 and 296-62 WAC; except those occupations where the only requirement is the wearing of gloves, boots, or eye protection if the occupation is not otherwise prohibited by this section or by WAC 296-125-033. This subsection's prohibitions shall not apply if a minor is a student in a bona fide health care career training or vocational education program.
(23) Occupations involving firefighting and fire suppression duties.
(24) Occupations where there is a risk of exposure to bodily fluids or transmission of infectious agents, including but not limited to hepatitis and HIV, in accordance with standards established by WAC 296-62-08001 (Occupational exposure to bloodborne pathogens), including lab work which entails the cleaning of medical equipment used to draw or store blood or other contaminated tissue; duties which involve venipuncture; and duties involving work with laundry from health care facilities; unless the minor is a student in a bona fide health care career training or vocational education program. State-certified life guards with first-aid training are exempt.
(25) Occupations involving potential exposure to hazardous substances which are considered to be carcinogenic, corrosive, highly toxic, toxic sensitizers, or which have been determined to cause reproductive health effects or irreversible end organ damage. This does not include handling of such substances in sealed containers in retail situations. This subsection's prohibitions shall not apply to any consumer product or hazardous substance, as those terms are defined by the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) and those statutes' regulations, where the employer of a minor can demonstrate that a product or substance is used in the workplace in the same manner as normal consumer use, and which use results in a duration and frequency of exposure that is not greater than exposures experienced by consumers using the product or substance in conformity with the manufacturer's instructions, provided that such exposures are not otherwise prohibited by subsection (22) of this section.
(26) In selling to passing motorists on the public right of way candy, flowers, or other merchandise or commodities. Selling to motorists from a window counter is not prohibited.
(27) Work performed in or about boiler or engine rooms.
(28) All work performed more than ten feet above ground or floor level.
(29) Work in freezers, meat coolers, and all work in preparing meats for sale (wrapping, sealing, labeling, weighing, pricing, and stocking are permitted if work is performed away from meat-cutting and preparation areas). Occasional entry into freezers or coolers for obtaining stock or placing stock shall not be prohibited.
(30) Service occupations if a minor works past 8:00 p.m., unless the minor is supervised by a responsible adult employee who is on the premises at all times.
[Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068, § 296-125-030, filed 12/11/92, effective 3/1/93. Statutory Authority: RCW 43.22.270 and 1989 c 216. WSR 89-23-003, § 296-125-030, filed 11/3/89, effective 11/20/89; Order 77-32, § 296-125-030, filed 12/30/77; Order 76-15, § 296-125-030, filed 5/17/76; Order 74-9, § 296-125-030, filed 3/13/74, effective 4/15/74; Order 71-5, § 296-125-030, filed 5/26/71, effective 7/1/71; Section E, filed 9/18/63; Rules (part), filed 3/23/60.]



296-125-033
Prohibited and hazardous employment—Special restrictions for minors under the age of 16.

Employment of minors under age 16 is subject to the following additional restrictions. They are prohibited from working:
(1) In any manufacturing operations.
(2) In any processing operations (including but not limited to filleting of fish, dressing poultry, cracking nuts, commercial processing, canning, freezing or drying of foods, laundering as performed by commercial laundries and dry cleaning).
(3) In any public messenger service, including but not limited to work that is performed by foot, bicycle, or public transportation.
(4) In occupations connected with transportation, warehouse and storage, communications and public utilities, or construction. (Office work related to these occupations is permitted if none of the minor's work is performed on the transportation media or construction site.)
(5) In the following specific areas of retail, food service or gasoline service station operations:
(a) Maintenance or repair work.
(b) Window washing or other work requiring worker to be positioned at higher than ground or floor level.
(c) Cooking and baking.
(d) Operating, setting up, adjusting, cleaning, oiling or repairing power-driven food slicers and grinders, food choppers and cutters and bakery-type mixers.
(6) In occupations involving work in the operation of amusement parks, street carnivals, and traveling shows.
(7) Loading and unloading goods to or from trucks, railroad cars, or conveyors.
(8) In occupations involving operation or repair, oiling, cleaning, adjusting, or setting up of or working in proximity to any power-driven machinery.
[Statutory Authority: Chapters 43.22 and 49.12 RCW, RCW 26.28.060 and 43.17.060. WSR 93-01-068, § 296-125-033, filed 12/11/92, effective 3/1/93; Order 76-15, § 296-125-033, filed 5/17/76.]



296-125-043
Minimum wages—Minors.

Except where a higher minimum wage is required by Washington state or federal law:
(1) Every employer shall pay to each of his or her employees who have reached their sixteenth or seventeenth year of age a rate of pay per hour which is equal to the hourly rate required by RCW 49.46.020 for employees eighteen years of age or older, whether computed on an hourly, commission, piecework, or other basis, except as may be otherwise provided under this chapter.
(2) Every employer shall pay to each of his or her employees who have not reached their sixteenth year of age a rate of pay per hour that is not less than eighty-five percent of the hourly rate required by RCW 49.46.020 for employees eighteen years of age or older whether computed on an hourly, commission, piecework, or other basis, except as may be otherwise provided under this chapter.
(3) These provisions shall not apply to handicapped minors for whom special handicapped minor work permits have been issued as provided in RCW 49.12.110. The handicapped rate therein shall be set at a rate designed to adequately reflect the individual's earning capacity.
(4) These minimum wage provisions shall not apply when a minor student is in a work place to carry out an occupational training experience assignment directly supervised on the premises by a school official or an employer under contract with a school and when no appreciable benefit is rendered to the employer by the presence of the minor student.
[Statutory Authority: RCW 43.22.270 and 1988 c 236. WSR 89-10-014 (Order 88-32), § 296-125-043, filed 4/24/89, effective 6/1/89; Order 76-15, § 296-125-043, filed 5/17/76.]



296-125-0600
What is a variance?

A variance is an exception to the rules of this chapter granted for good cause by the director of labor and industries or the director's designee.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0600, filed 12/31/98, effective 1/31/99.]



296-125-0610
How do I obtain a variance?

You must submit a written application to the director requesting the variance(s). In your application you must specify the reasons why your request should be granted. If necessary, the director may request or receive additional information from you or other interested parties.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0610, filed 12/31/98, effective 1/31/99.]



296-125-0611
What does "good cause" mean?

At a minimum, "good cause" refers to those situations and circumstances that support your request for a variance. You must be able to demonstrate that the variance will not be harmful to the health, safety, and welfare (including school attendance and performance) of the minor(s) affected. "Good cause" may also include the financial need of the minor's family or an exceptional or special talent manifested by the minor.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0611, filed 12/31/98, effective 1/31/99.]



296-125-0620
Are there special requirements that I must satisfy if I request a variance to employ minors under the age of sixteen in house-to-house sales?

If you are requesting a variance to employ minors under the age of sixteen in house-to-house sales, you must demonstrate good cause for the variance and file a signed sworn statement ensuring that the following minimum requirements will be in force at all times:
(1) All house-to-house sales will be conducted only during daylight hours; and
(2) A responsible adult who is at least twenty-one years of age will accompany the minor at all times; and
(3) No house-to-house sales visits will be conducted in inclement weather; and
(4) The minor will only be employed for a specific time period that cannot exceed six weeks.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0620, filed 12/31/98, effective 1/31/99.]



296-125-0640
What criteria will be used to evaluate my variance request?

(1) The director or the director's designee may grant your variance request if you:
(a) Possess a valid minor work permit endorsement; and
(b) Demonstrate good cause.
(3) Variances from federal regulations will not be issued except where you can show exemption from federal statutes and regulations governing minor work.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0640, filed 12/31/98, effective 1/31/99.]



296-125-0650
Do my variances expire?

Each of your variances will expire upon the expiration of the minor work permit endorsement that was in effect at the time the variance was issued unless the variance was issued with an earlier expiration date.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0650, filed 12/31/98, effective 1/31/99.]



296-125-0651
Can my variances be renewed?

When you renew your minor work permit endorsements, you must also apply for new variances that are related to those endorsements.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0651, filed 12/31/98, effective 1/31/99.]



296-125-0660
Can the department of labor and industries revoke, suspend, or modify my variances?

The department may revoke, suspend, or modify your variances if it finds:
(1) A condition related to its issuance has not been satisfied; or
(2) You have violated any requirement of this chapter; or
(3) An existing condition that is or could be detrimental to the health, safety, or welfare of a minor including an adverse impact upon their school attendance or performance.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0660, filed 12/31/98, effective 1/31/99.]



296-125-0670
Can I appeal the department's action to revoke, suspend or modify my variances?

[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0670, filed 12/31/98, effective 1/31/99.]



296-125-0700
What is a special variance?

(2) A special variance is used to facilitate flexibility in a sixteen-year-old or seventeen-year-old minor's school and work requirements and may be granted only for exceptions to the rules governing:
(a) The maximum hours of work per week during a week when school is in session, up to a maximum of twenty-eight hours per week; and
(b) The maximum hours of work per day during a week when school is in session, up to a maximum of six hours per day.
(3) Special variances will not be granted for sixteen-year-old and seventeen-year-old minors working in house-to-house sales.
(4) When school is in session, minors must not work in excess of the maximum hours per week or per day illustrated in the following chart unless the employer has a current, fully completed and executed special variance on file at the minor's workplace.
Hours of work—Nonagriculture
 
14-year-olds and 15-year-olds
16-year-olds and 17-year-olds
 
School
Nonschool
School
Nonschool
Hours a day
3*
(weekdays)
8
(Fri.-Sun.)
8
4**
(weekdays)
8
(Fri.-Sun.)
8
Hours a week
16
40
20/28***
48
Days a week
6 days
6 days
6 days
6 days
Start
7 a.m.
7 a.m.
7 a.m.
5 a.m.
Quit
7 p.m.
(weekdays)
9 p.m.
10 p.m.
(Sun.-Thurs.)
Midnight
(Fri. & Sat.)
Midnight
*  
14-year-olds and 15-year-olds can work up to 3 hours on a school day preceding a school day. All other days, 8 hours per day.
**  
16-year-olds and 17-year-olds can work up to 4 hours on a school day preceding a school day. All other days, 8 hours per day.
***  
Up to 28 hours available through special variances.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0700, filed 12/31/98, effective 1/31/99.]



296-125-0710
What criteria will be followed in evaluating my special variance request?

The designated school official may grant your special variance request if you:
(1) Possess a valid minor work permit endorsement; and
(2) Demonstrate good cause; and
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0710, filed 12/31/98, effective 1/31/99.]



296-125-0720
How can a school district or individual private school qualify for participation in the special variance process?

Each school district or individual private school seeking to participate in the special variance process must:
(1) Complete an enrollment form provided by the department; and
(2) Be approved by the department; and
(3) Agree to maintain a mandatory recordkeeping system specified by the department; and
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0720, filed 12/31/98, effective 1/31/99.]



296-125-0721
Where can a school district or individual private school obtain a copy of the special variance process enrollment form?

The form can be obtained from:
Department of Labor and Industries
Employment Standards Section
PO Box 44510
Olympia WA 98504-4510
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0721, filed 12/31/98, effective 1/31/99.]



296-125-0722
In addition to completing the enrollment form, what other requirements must be satisfied before a school district or private school can participate in the special variance program?

At a minimum, a school district or private school must agree to all of the following:
(1) Maintain the recordkeeping system required by the department.
(2) Designate a school official at each school who is authorized to evaluate and approve/disapprove variance requests.
(4) Within thirty days of the school's action, forward a copy of each variance approved or denied to the department.
(5) Give department agents immediate access to all variance files during normal school office hours.
(6) Be responsible for ensuring that the employer completes all appropriate sections of the special variance request form.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0722, filed 12/31/98, effective 1/31/99.]



296-125-0723
What is the employer's responsibility in providing information to the minor, the minor's parent or legal guardian, and school officials?

(1) The employer must obtain a special variance form from the participating school and provide the following information:
(a) The minor's work-related duties;
(b) The maximum hours to be worked each week;
(c) The length of the minor's work shifts;
(d) The latest afternoon or evening hour that the minor will work;
(e) The number of days each week that the minor will be required to work the latest afternoon or evening hour;
(f) The employer's unified business identifier (UBI) number;
(g) The expiration dates of the employer's minor work permit endorsements.
(3) Upon completion, the employer must give the form to the minor to complete according to WAC 296-125-0730.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0723, filed 12/31/98, effective 1/31/99.]



296-125-0730
What other information about special variance requests is important?

(1) To be valid, a special variance request form must be completed and signed by the employer, the minor, the minor's authorized school official and the minor's parent or legal guardian.
(2) The special variance, unless revoked, suspended or modified, shall remain in force for the duration of the school year for which it was granted. While the special variance is in force, it is the school district's responsibility to monitor it to insure that the conditions under which it was granted are being met.
(3) All minors must complete their section of the variance form after the employer section has been completed but before the form is submitted to the school, parent, or legal guardian.
(4) All minors must explain why they are requesting a special variance.
(5) The minor's parent or guardian must sign the request form. By signing, the parent or guardian approves or denies the request and attests to the reasons supporting it.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0730, filed 12/31/98, effective 1/31/99.]



296-125-0740
What are the consequences of submitting an incomplete special variance request form?

(1) An incomplete special variance request form submitted to the department is:
(a) Invalid; and
(b) A violation of this chapter; and
(c) Cause for a school district, an individual private school or an employer to be dropped from the special variance program.
(2) When the department receives an incomplete special variance request form, it must give written notification to the school district or private school that its enrollment in the special variance program is being revoked.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0740, filed 12/31/98, effective 1/31/99.]



296-125-0741
Can a school district or private school appeal the department's decision to revoke its participation in the special variance program?

[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0741, filed 12/31/98, effective 1/31/99.]



296-125-0750
What are the criteria used by a school to evaluate special variance requests?

In evaluating requests for special variances, a school must consider at least the following factors:
(1) Does the employer hold a current valid minor work permit endorsement?
(2) What is the student's attendance pattern?
(3) Is the student making satisfactory academic progress?
(4) Will the student still have opportunities to participate in extracurricular activities?
(5) How many school nights will the student work?
(6) How late in the evening will the student work?
(7) How long a shift will the student work?
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0750, filed 12/31/98, effective 1/31/99.]



296-125-0760
Do special variances expire?

(1) Since special variances will be issued only to employers holding valid minor work permit endorsements, each special variance expires on the expiration date of the endorsement that was in effect at the time the special variance was issued.
(2) Upon the renewal of a minor work permit endorsement, an employer must complete a new special variance request form.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0760, filed 12/31/98, effective 1/31/99.]



296-125-0770
Can the department of labor and industries revoke, suspend, or modify a special variance?

(1) The department may revoke, suspend, or modify a special variance if it finds:
(a) A condition related to its issuance has not been satisfied; or
(b) A violation of any requirement of this chapter; or
(c) An existing condition that is or could be detrimental to the health, safety, or welfare of a minor.
(2) If an employer violates the hour standards in WAC 296-125-027 or the hours specified in any special variance, they will forfeit their participation in the special variance process for one year from the finding of the violation by the department.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0770, filed 12/31/98, effective 1/31/99.]



296-125-0771
Can the parties to a special variance revoke it?

A parent, legal guardian, or school may revoke a special variance at any time by simply giving written notification to the department and the other parties to the variance.
[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0771, filed 12/31/98, effective 1/31/99.]



296-125-0772
Can the department's action to refuse to issue or renew, revoke, suspend or modify a special variance be appealed?

[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0772, filed 12/31/98, effective 1/31/99.]