issued by the United States immigration office and showing the age of the minor, or a life-insurance policy: Provided, That such other documentary evidence has been in existence at least one year prior to the time it is offered as evidence: And provided further, That a school record of age or an affidavit of a parent or a person standing in place of a parent, or other written statement of age shall not be accepted except as specified in subparagraph (3) of this paragraph; (3) The school record or the schoolcensus record of the age of the minor, together with the sworn statement of a parent or person standing in place of a parent as to the age of the minor and also a certificate signed by a physician specifying what in his opinion is the physical age of the minor. Such certificate shall show the height and weight of the minor and other facts concerning his physical development which were revealed by such examination and upon which the opinion of the physician as to the physical age of the minor is based. If the school or school-census record of age is not obtainable, the sworn statement of the parent or person standing in place of a parent as to the date of birth of the minor, together with a physician's certificate of age as hereinbefore specified, may be accepted as evidence of age. (b) The officer issuing a certificate of age for a minor shall require the evidence of age specified in paragraph (a) (1) of this section in preference to that specified in paragraphs (a) (2) and (3) of this section, and shall not accept the evidence of age permitted by either subsequent paragraph unless he shall receive and file evidence that reasonable efforts have been made to obtain the preferred evidence required by the preceding paragraph or paragraphs before accepting any subsequently named evidence: Provided, That to avoid undue delay in the issuance of certificate, evidence specified in paragraph (a) (2) of this section may be accepted, or if such evidence is not available, evidence specified in paragraph (a) (3) of this section may be accepted if a verification of birth has been requested but has not been received from the appropriate bureau of vital statistics. 43 (a) A State in which age, employment, or working certificates or permits are found by the Director of the Bureau of Labor Standards to be issued by or under the supervision of a State agency substantially in accordance with the provisions of §§ 1500.3 and 1500.4 may be designated by the Secretary of Labor as a State in which certificates so issued shall have the force and effect specified in § 1500.2 except as individual certificates may be revoked in accordance with § 1500.7 hereof: Provided, That any State having a certificate system which does not entirely conform with this subpart may be so designated temporarily by the Secretary of Labor upon the basis of an agreement with an agency of the State pending such improvements in State law and procedure as will bring such State system up to the standard of this subpart. (b) Certificates requiring conditions or restrictions additional to those required by this subpart shall not be deemed to be inconsistent herewith. (c) The designation of a State under this section shall have force and effect during the period of time specified therein unless withdrawal of such designation at an earlier date is deemed desirable for the effective administration of the act. No withdrawal or expiration of the designation of a State under this section shall make any certificate invalid if it was issued by or under the supervision of a State agency as herein provided prior to such withdrawal or expiration. (For designation of States under this section see Subpart B of this part.) § 1500.7 Continued acceptability of certificates. The said authorized person shall request in writing through the appropriate channels that action be taken on the acceptability of the certificate as proof of age under the Fair Labor Standards Act and shall state the evidence of age of the minor which he has obtained and the reasons for such request. A copy of this request shall be sent by the Administrator of the Wage and Hour Division to the Director of the Bureau of Labor Standards for further handling through the State agency responsible for the issuance of certificates, except that in those States where Federal certificates of age are issued, action necessary to establish the correct age of the minor and to revoke the certificate if it is found that the minor is under age shall be taken by the Administrator of the Wage and Hour Division or his designated representative. The Director of the Bureau of Labor Standards shall have final authority in those States in which State certificates are accepted as proof of age under the act for determining the continued acceptability of the certificate, and the Administrator of the Wage and Hour Division shall have final authority for such determination in those States in which Federal certificates of age are issued. When such determination has been made in any case, notice thereof shall be given to the employer and the minor. In those cases involving the continued acceptability of State certificates, the appropriate State agency and the official who issued the certificate shall also be notified. § 1500.8 Revoked certificates. A certificate which has been revoked as proof of age under the act shall be of no force and effect under the act after notice of such revocation. § 1500.9 Effect on other laws. No provision of this subpart shall under any circumstances justify or be construed to permit noncompliance with the provisions of any other Federal law or of any State law or municipal ordinance establishing higher standards than those established under this subpart. § 1500.10 Revision of regulation. Any person wishing a revision of any of §§ 1500.1 to 1500.9 may submit in writing to the Secretary of Labor a petition setting forth the changes desired and the reasons for proposing them. If, after consideration of the petition, the Secretary of Labor believes that reasonable cause for amendment of the regulation is set forth, he shall either schedule a hearing, with due notice to interested parties, or shall make other provision for affording interested parties an opportunity to present their views, both in support of and in opposition to the proposed changes. Subpart B-Acceptance of State Certificates AUTHORITY: The provisions of this Subpart B issued under secs. 3, 11, 52 Stat. 1060, as amended, 1066, as amended; 29 U.S.C. 203, 211. § 1500.21 Designation of States. Pursuant to the provisions of Subpart A of this part (Child Labor Regulation No. 1), the following States are hereby designated as States in which State age, employment, or working certificates or permits shall have the same force and effect as Federal certificates of age under the Fair Labor Standards Act of 1938, as amended (52 Stat. 1060 as amended; 29 U.S.C. 201): Alabama. Arizona. Arkansas. California. Colorado. Connecticut. Delaware. District of Columbia. Hawaii. Illinois. Indiana. Iowa. Kansas. Kentucky. Louisiana. Maine. Nebraska. New Hampshire. North Carolina. Oregon. Pennsylvania. Puerto Rico. Rhode Island. Tennessee. Vermont. Washington. West Virginia. Wisconsin. Maryland. Wyoming. NOTE: Child Labor Regulation 35, 19 F. R. 3900, June 25, 1954, provides in part as follows: The designation of the States enumerated in § 4.21 (now § 1500.21) shall be effective from July 1, 1954, until June 30, 1955, unless amended or revoked prior to such date. Subsequently, the effective period was extended annually. For Federal Register cita tions to these extensions see the List of Sections Affected at the end of this volume. § 1500.22 Designation of State of Alaska. The State of Alaska is designated as a state in which any of the following documents shall have the same effect as Federal certificates issued under Subpart A of this part: (a) A birth certificate or attested transcript thereof, or a signed statement of the recorded date and place of birth issued by a registrar of vital statistics or other officer charged with the duty of recording births, or (b) A record of baptism or attested transcript thereof showing the date of birth of the minor, or (c) A statement on the census records of the Bureau of Indian Affairs and signed by an administrative representative thereof showing the name, date of birth, and place of birth of the minor. [16 F.R. 7008, July 20, 1951, as amended at 26 F.R. 5504, June 21, 1961] The Territory of Guam is designated as a State in which any of the following documents shall have the same force and effect as Federal certificates of age issued under Supart A of this part: (a) A birth certificate or attested transcript thereof, or a signed statement of the recorded date and place of birth issued by a registrar of vital statistics or other officer charged with the duty of recording births, or (b) A record of baptism or attested transcript thereof showing the date of birth of the minor. [23 F.R. 87, Jan. 4, 1958, as amended at 26 F.R. 5504, June 21, 1961] Subpart C-Employment of Minors Between 14 and 16 Years of Age (Child Labor Reg. 3) AUTHORITY: The provisions of this Subpart C issued under sec. 3, 52 Stat. 1060, as amended; 29 U.S.C. 203. § 1500.32 Effect of this subpart. In all occupations covered by this subpart the employment (including suffering or permitting to work) by an employer of minor employees between 14 and 16 years of age for the periods and under the conditions specified in § 1500.35 shall not be deemed to be oppressive child labor within the meaning of the Fair Labor Standards Act of 1938. § 1500.33 Occupations. This subpart shall apply to all occupations other than the following: (a) Manufacturing, mining, or processing occupations, including occupations requiring the performance of any duties in work rooms or work places where goods are manufactured, mined, or otherwise processed; (b) Occupations which involve the operation or tending of hoisting apparatus or of any power-driven machinery other than office machines; (c) The operation of motor vehicles or service as helpers on such vehicles; (d) Public messenger service; (e) Occupations which the Secretary of Labor may, pursuant to section 3 (1) of the Fair Labor Standards Act and Reorganization Plan No. 2, issued pursuant to the Reorganization Act of 1945, find and declare to be hazardous for the employment of minors between 16 and 18 years of age or detrimental to their health or well-being; (f) Occupations in connection with: (1) Transportation of persons or property by rail, highway, air, water, pipeline, or other means; (2) Warehousing and storage; (3) Communications and public utilities; (4) Construction (including demolition and repair); except such office (including ticket office) work, or sales work, in connection with subparagraphs (1), (2), (3), and (4) of this paragraph, as does not involve the performance of any duties on trains, motor vehicles, aircraft, vessels, or other media of transportation or at the actual site of construction operations. § 1500.34 Occupations in retail, food service, and gasoline service establishments. (a) This subpart shall apply to the following permitted occupations for minors between the ages of 14 and 16 employed by retail, food service, and gasoline service establishments. (1) Office and clerical work, including the operation of office machines; (2) Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and comparative shopping; (3) Price marking and tagging by hand or by machine, assembling orders, packing and shelving; (4) Bagging and carrying out customers' orders; (5) Errand and delivery work by foot, bicycle, and public transportation; (6) Clean up work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds, but not including the use of power-driven mowers, or cutters; (7) Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of such work, such as but not limited to, dish-washers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, and coffee grinders; (8) Work in connection with cars and trucks if confined to the following: Dispensing gasoline and oil; courtesy service; car cleaning, washing and polishing; and other occupations permitted by this section, but not including work involving the use of pits, racks, or lifting apparatus, or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring. (9) Cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing and stocking goods when performed in areas physically separate from those where the work described in paragraph (b) (7) of this section is performed; (b) Paragraph (a) of this section shall not be construed to permit the application of this subpart to any of the following occupations in retail, food service, and gasoline service establishments; (1) All occupations listed in § 1500.33 except occupations involving processing, operation of machines and work in rooms where processing and manufacturing take place which are permitted by paragraph (a) of this section. (2) Work performed in or about boiler or engine rooms; (3) Work in connection with maintenance or repair of the establishment, machines or equipment; (4) Outside window washing that involves working from window sills, and all work requiring the use of ladders, scaffolds, or their substitutes; (5) Cooking (except at soda fountains, lunch counters, snack bars, or cafeteria serving counters) and baking; (6) Occupations which involve operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers, and cutters, and bakery-type mixers; (7) Work in freezers and meat coolers and all work in the preparation of meats for sale except as described in paragraph (a) (9) of this section; (8) Loading and unloading goods to and from trucks, railroad cars, or conveyors; (9) All occupations in warehouses except office and clerical work. [27 F.R. 4165, May 2, 1962] § 1500.35 Periods and conditions of employment. (a) Except as provided in paragraph (b) of this section, employment in any of the occupations to which this subpart is applicable shall be confined to the following periods: (1) Outside school hours; (2) Not more than 40 hours in any 1 week when school is not in session; (3) Not more than 18 hours in any 1 week when school is in session; (4) Not more than 8 hours in any 1 day when school is not in session; (5) Not more than 3 hours in any 1 day when school is in session; (6) Between 7 a.m. and 7 p.m. in any 1 day, except during the summer (June 1 through Labor Day) when the evening hour will be 9 p.m. (b) In the case of enrollees in work training programs conducted under Part B of Title I of the Economic Opportunity Act of 1964, there is an exception to the requirement of paragraph (a)(1) of this section if the employer has on file with his records kept pursuant to Part 516 of this title an unrevoked written statement of the Administrator of the Bureau of Work Programs or his representative setting out the periods which the minor will work and certify that his employment confined to such periods will not interfere with his health and well being, countersigned by the principal of the school which the minor is attending with his certificate that such employment will not interfere with the minor's schooling. [32 F.R. 15478, Nov. 7, 1967] § 1500.36 Certificates of age; effect. The employment of any minor in any of the occupations to which this subpart is applicable, if confined to the periods specified in § 1500.35, shall not be deemed to constitute oppressive child labor within the meaning of the act if the employer shall have on file an unexpired certificate, issued in substantially the same manner as that provided for the issuance of certificates in Subpart A of this part relating to certificates of age, certifying that such minor is of an age between 14 and 16 years. [16 F.R. 7008, July 20, 1951. Redesignated at 27 F.R. 4165, May 2, 1962] § 1500.37 Effect on other laws. No provision of this subpart shall under any circumstances justify or be construed to permit noncompliance with the wage and hour provisions of the act or with the provisions of any other Federal law or of any State law or municipal ordinance establishing higher standards than those established under this subpart. [16 F.R. 7008, July 20, 1951. Redesignated at 27 F.R. 4165, May 2, 1962] § 1500.38 Revision of this subpart. Any person wishing a revision of any of the terms of this subpart may submit in writing to the Secretary of Labor a petition setting forth the changes desired and the reasons for proposing them. If, after consideration of the petition, the Secretary of Labor believes that reasonable cause for amendment of the subpart is set forth, he shall either schedule a hearing with due notice to interested parties, or shall make other provision for affording interested parties an opportunity to be heard. [16 F.R. 7008, July 20, 1951. Redesignated at 27 F.R. 4165, May 2, 1962] Subpart D-Procedure Governing Hazardous Occupation Determinations AUTHORITY: The provisions of this Subpart D issued under sec. 3, 52 Stat. 1061, as amended; 29 U.S.C. 203. Interpret or apply sections 3, 4, and 6, 60 Stat. 238 and 240; 5 U.S.C. 1002, 1003, and 1005. SOURCE: The provisions of this Subpart D appear at 26 F.R. 5005, June 6, 1961, unless otherwise noted. § 1500.41 Administrative responsibility. The Secretary of Labor shall be assisted by the Bureau of Labor Standards in making studies and investigations to discover (a) the occupations which appear to be particularly hazardous for the employment of children between 16 and 18 years of age or detrimental to their health or well-being; and (b) the occupations in agriculture which appear to be particularly hazardous for the employment of children below the age of 16. All interested persons and organizations are invited to cooperate with the Secretary and the Bureau by making suggestions and requests and providing pertinent information to the Bureau concerning employment hazards to minors. Submissions should be mailed to the Director of the Bureau of Labor Standards, Department of Labor, Washington, D.C. 20210. In addition, the Director of the Bureau of Labor Standards shall have authority to obtain information by holding conferences to which he may invite various persons who have had experience or expert knowledge concerning occupational hazards to children. [32 F.R. 6136, Apr. 19, 1967] § 1500.42 Reports of investigations. The Director of the Bureau shall from time to time prepare and submit to the Secretary of Labor reports of investigations with respect to (a) any occupations or group of occupations which he has reason to believe should be added to, or deleted from, the list of those found and declared to be particularly hazardous for the employment of children between 16 and 18 years of age or detrimental to their health or well-being; and (b) any occupations or group of occupations in agriculture which he has reason to believe should be added to, or deleted from, the list of those found and declared to be particularly hazardous for the employment of children below the age of 16. Each such report shall contain an explanation of the hazards involved and the reasons why children between 16 and 18 years of age, or children below the age of 16, as the case may be, are, or are not, particularly susceptible to them. Copies of such reports shall |