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Title 40 -
Sections 71, 72, 74 Through 80 and 88
Section
71.
Prohibited Occupations
No child under the
age of sixteen (16) shall be permitted to work in any occupation or in any
establishment other than those occupations permitted by the "Fair Labor
Standards Act of 1938", as amended 29 U.S.C., Sections 201 through 219, and
any regulations related thereto.
Section
72.1
Hazardous Employment
A. No child under
the age of sixteen (16) years of age shall be employed or permitted to work at
any of the following occupations:
(1)
Manufacturing, mining, or processing occupations, including occupations
requiring performance of any duties in work rooms or work places where goods are
manufactured, mined, or otherwise processed:
(2) Occupations which involve the operation or tending of hoisting apparatus or
of any power-driven machinery other than office machines:
(3) The operation of motor vehicles or service as helpers on such vehicles;
(4) Public messenger service;
(5) Occupations declared to be particularly hazardous to the health and
well-being of minors under sixteen by federal laws and regulations or as
declared by the Commissioner of Labor; and
(6) Occupations, except office work or sales work, in connection with:
(a)
transportation of persons or property by rail, highway, air, water, pipeline or
other means;
(b) warehousing and storage;
(c) communications and public utilities; and
(d) construction including demolition and repair.
B.
This section shall not apply to:
(1) children
working either on farms or for parents or any entity in which a parent owns an
equity interest; or
(2) children engaged in the sale or delivery of newspapers to consumers.
Section
74. Requirement to Read
and Write
No child under the age of sixteen (16) years shall be employed or permitted to
work in any of the occupations specified in Section 71 of this title unless such
child is able to read and write, or shall have attended some school during the
preceding year for the time that attendance is compulsory under the laws.
Section
75. Required Breaks and
Hours
No child under the age of sixteen (16) years shall be employed or permitted to
work in any gainful occupation , other than agriculture or domestic service,
more than three (3) hours in any one (1) school day, or more than eight (8)
hours on a nonschool day or, if the employer is not covered by the Fair Labor
Standards Act, on a school day which precedes a nonschool day, or eighteen (18)
hours in any one (1) week when school is in session, or forty (40) hours in any
one (1) week when school is not in session. "In session" means the
first Tuesday after Labor Day through May 31 of the following year. Children
under the age of sixteen (16) years must be permitted a one (1) hour cumulative
rest period for each eight (8) consecutive hours worked. However, no such child
shall work more than five (5) consecutive hours unless permitted a one-half (½)
hour cumulative rest period.
Section
76. Time Standard
No person under the age of sixteen (16) years shall be employed or permitted to
work in any of the occupations set out in Section 71 of this title between the
hours of seven o'clock p.m. and seven o'clock a.m.; except, during the summer
(June 1 through Labor Day) and, if the employer IS NOT covered by the Fair Labor
Standards Act, during the remainder of the year on days followed by a nonschool
day when the prohibited hours will between the hours of nine o'clock p.m. and
seven o'clock a.m.
Section
77. Employment
Certificate of Age and Schooling
Before any child under the age of sixteen (16) years shall be employed in any
occupation specified in Section 71 of this title, it shall be the duty of the
parent or guardian of such child to procure and furnish the employer of such
child an age and schooling certificate as hereinafter provided in this article.
It shall be the duty of every person, firm or corporation owning or operating
any of the establishments specified in Section 71 of this title, or employers in
such occupation, to keep on file for the inspection of the Commissioner or
his/her designee, truant officers, or other persons charged with the
administration of this article, such age and schooling certificate, for every
child under sixteen (16) years of age employed in such occupation, and to keep
on file where such children are employed a register with a complete list of
children under sixteen (16) years of age so employed, together with the age of
each child as set forth in the age and schooling certificate opposite the name
of such child, and also to keep on file in such place or establishment, in such
form as the Commissioner or his/her designee may prescribe, the time of opening
and closing of such factory or other establishment, the number of hours of labor
required or permitted in such establishment, the hours of commencing and
stopping of work, and the time allowed for meals, and, if there be two or more
shifts in such establishment, the number of hours in each shift during which the
employees are required or permitted to work. On termination of the employment of
a child so registered, and whose certificates is so filed, such certificate
shall be forthwith surrendered by the employer to the child or its parent,
guardian or custodian; provided that this section shall not apply to the
employment of children who are not residents of the State of Oklahoma, to
perform in the duly licensed theater, motion picture theater or other place of
public amusement.
Section
78. Records - Physical
Fitness - Evidence of Age
The Commissioner or
his/her designee, truant officer, or other person charged with the
administration of this article, may make demand on an employer in whose factory
or establishment a child apparently under the age of sixteen (16) years is
employed or permitted or suffered to work, and whose employment certificate is
not then filed as required by this section, that such employer shall either
furnish him, within ten (10) days, evidence satisfactory to him that such child
is in fact over sixteen (16) years of age, or shall cease to employ or permit or
suffer such child to work in such factory or establishment. Such officer may
require from such employer the same evidence of age of such child as is required
on the issuance of any employment certificate; and the employer furnishing such
evidence shall not be required to furnish any further evidence of the age of the
child. In case such employer shall fail to produce and deliver to such officer,
within ten (10) days after such demand, such evidence of age herein required by
him, and shall thereafter continue to employ such child to work in such factory
or establishment, proof of the giving of such notice and of such failure to
produce and file such evidence shall be prima facie evidence in any prosecution
brought for violation of this provision of this article that such child is under
sixteen (16) years of age and is unlawfully employed: Provided that the
Commissioner or his/her designee shall have the power to demand a certificate of
physical fitness from some licensed physician in good standing in this state in
case of children who may appear to him physically unable to perform the labor at
which they may be engaged, and shall have the power to prohibit the employment
of any minor that cannot obtain such a certificate.
Section
79. Documentary Evidence
of Age
The age and schooling
certificate shall be approved by the principal, headmaster, or equivalent
administrative officer of the school which the child attends or should be
attending or by one of the child's parents if the child is being schooled at
home, who shall for the purposes of this article, be empowered to administer an
oath. The principal, headmaster, or equivalent administrative officer of the
school which the child attends or should be attending or by one of the child's
parents if the child is being schooled at home, shall approve such certificate
only upon the application in person of the child desiring employment accompanied
by its parents, guardian or custodian, and after having received, examined and
approved documentary evidence of age, showing that the child is fourteen (14)
years of age, or over, which evidence shall consist of one of the following
named proofs of age, duly attested, and the proof accepted shall be specified in
the certificate issued to the child; the proof specified in subdivision (a)
shall be required first, but if this is not available then one of the proofs
specified in the succeeding subdivisions shall be required and in the order
designated until the age of the child be established, as follows:
(a) A birth
certificate or transcript thereof issued by a registrar of vital statistics or
other officer charged with the duty of recording births which certificates or
transcripts thereof shall be the prima facie evidence of the age of the child.
(b) A certificate of baptism or transcript thereof, showing the date of birth
and place of baptism of the child.
(c) A passport showing the age of the child; or a certificate of arrival in the
United States, issued by the United States immigration officer and showing the
age of the child; or a life insurance policy at least one (1) year old showing
the age of the child or other credible evidence as may be approved by the
Commissioner.
Every employment certificate shall be signed, in the presence of the officer
issuing the same by the child in whose name it is issued.
Section
80. Employment
Certificate Forms
The age and schooling
certificate shall not be approved until the parent or guardian of such child
shall present a school attendance certificate as hereinafter prescribed. A
duplicate of such age and schooling certificate shall be filled out and sent by
the school officer, before whom the same is made, to the Commissioner of Labor.
The blank forms for school attendance certificate and for the age and schooling
certificate shall be supplied to the principal, headmaster, or equivalent
administrative officer of the school or to one of the child's parents if the
child is being schooled at home by the State Superintendent of Public
Instruction as hereinafter indicated.
Section
88. Penalty
Any person violating
any of the provisions of this article, shall be punished by a fine of not less
than one hundred dollars ($100) nor more than five hundred dollars ($500), or
imprisonment for not less than ten (10) days nor more than thirty (30) days, or
both such fine and imprisonment. It shall be the duty of the Commissioner of
Labor to see that the provisions of this article, are enforced with the
exception of Section 85 of this title, which shall be enforced by the Mine
Inspector or under his direction.
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