This chapter applies to every person that employs one or more minors, or who permits, allows, or suffers one or more minors to work at a site or workplace, on premises, or under work conditions controlled by that employer, except for those employers statutorily exempted, as follows: This chapter does not apply to newspaper vendors or carriers; to domestic or casual labor in or about private residences; to parents or stepparents who employ their own children for house-to-house sales; to agricultural labor as defined by RCW 50.04.150; or, to employers expressly exempted by federal statute from the coverage of state law.

For the purposes of this chapter:

(1) "Department" means the Washington state department of labor and industries.

(2) "Employ" means to engage, suffer or permit to work, and includes entering into any arrangement, including a contract, whether implied, express, oral, or written, with a minor whereby the minor works in house-to-house sales except when a minor is working in house-to-house sales for her or his parent or stepparent. The term "employ" does not include newspaper vendors or carriers, the use of domestic or casual labor in or about private residences, agricultural labor as defined by RCW 50.04.150, or the use of voluntary or donated services performed for an educational, charitable, religious, or nonprofit organization and without expectation or contemplation of compensation for the services performed.

(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.

(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.

(1) You must obtain, keep current and post valid minor work permit endorsements issued by the department.

(2) If employing minors for house-to-house sales, you must satisfy the special requirements in WAC 296-125-024 for that activity.

(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.

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.

(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.

Minor work permit endorsements may include restrictions, consistent with this chapter, on minors' working conditions.

Your minor work permit endorsements will expire one year from the date of issue.

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.

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.

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.

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.

You have the right to appeal such actions by the department. However, your appeal must be filed with the department in writing within thirty days of the department's action according to the procedures established by RCW 49.12.161 and 49.12.400. Your appeal will not set aside an order of immediate restraint issued by the department according to RCW 49.12.390.

(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.

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.

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

P.O. Box 44510

Olympia WA 98504-4510

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.

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.

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.

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.

(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.

(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

(c) Has not obtained a certificate of educational competence according to RCW 28A.305.190 or is not enrolled in a bona fide college program.

(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.

A parent, legal guardian, or school may revoke authorization at any time by simply notifying the department and the other parties to the authorization.

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;

(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 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.

(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.

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.

(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.

(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.

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.

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.

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.

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.

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.

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.

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.

(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.

(2) Variances will be granted, as applicable, based on good cause shown, for residential schools, apprenticeship programs registered with the Washington state apprenticeship and training council, and vocational education, diversified career education, work experience, and cooperative education programs accepted and certified by the office of superintendent of public instruction or the local school district for circumstances other than those already exempted in WAC 296-125-030.

(3) Variances from federal regulations will not be issued except where you can show exemption from federal statutes and regulations governing minor work.

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.

When you renew your minor work permit endorsements, you must also apply for new variances that are related to those endorsements.

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.

You have the right to appeal a department action to revoke, suspend or modify your variances. However, your appeal must be filed with the department in writing within thirty days of the department's action according to the procedures established by RCW 49.12.161 and 49.12.400. Your appeal will not set aside an order of immediate restraint issued by the department according to RCW 49.12.390.

(1) A special variance is an exception to specific rules of this chapter. Special variances are granted by a designated school official of a school district or individual private school which has department approval to participate in the special variance process described in WAC 296-125-0720.

(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.

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

(3) Request the variance for a minor whose school district or individual private school has department approval to participate in the special variance process discussed in WAC 296-125-0720.

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

(4) Use the uniform criteria described in WAC 296-125-0750 to evaluate variance requests.

The form can be obtained from:

Department of Labor and Industries

Employment Standards Section

P.O. Box 44510

Olympia WA 98504-4510

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.

(3) Use the uniform criteria discussed in WAC 296-125-0750 to evaluate 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.

(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.

(2) The employer must agree to maintain all special variance records according to the terms of WAC 296-125-0275.

(3) Upon completion, the employer must give the form to the minor to complete according to WAC 296-125-0730.

(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.

(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.

A school district or private school may appeal a notice of revocation; however, the appeal must be filed with the department in writing within thirty days of its receipt. The written appeal must be sent to the department according to the procedures established by RCW 49.12.161 and 49.12.400. Filing an appeal does not set aside a notice of revocation.

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?

(8) How sound is the student's rationale for requesting a variance from the work hour restrictions illustrated in the table in WAC 296-125-0700(4)?

(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.

(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.

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.

The department's refusal to issue or renew participation in the special variance process can be appealed, as well as, its decision to revoke or suspend participation. However, the appeal must be filed with the department in writing within thirty days of the department's action according to the procedures established by RCW 49.12.161 and 49.12.400. The appeal will not set aside an order of immediate restraint issued by the department according to RCW 49.12.390.