PRINTER'S NO. 2911
No. 2334 Session of 1993
INTRODUCED BY STRITTMATTER, DECEMBER 7, 1993
REFERRED TO COMMITTEE ON LABOR RELATIONS, DECEMBER 7, 1993
AN ACT 1 Amending the act of May 13, 1915 (P.L.286, No.177), entitled, as 2 amended, "An act to provide for the health, safety, and 3 welfare of minors: By forbidding their employment or work in 4 certain establishments and occupations, and under certain 5 specified ages; by restricting their hours of labor, and 6 regulating certain conditions of their employment; by 7 requiring employment certificates or transferable work 8 permits for certain minors, and prescribing the kinds 9 thereof, and the rules for the issuance, reissuance, filing, 10 return, and recording of the same; by providing that the 11 Industrial Board shall, under certain conditions, determine 12 and declare whether certain occupations are within the 13 prohibitions of this act; requiring certain abstracts and 14 notices to be posted; providing for the enforcement of this 15 act by the Secretary of Labor and Industry, the 16 representative of school districts, and police officers; and 17 defining the procedure in prosecutions thereunder, and 18 establishing certain presumptions in relation thereto; 19 providing for the issuance of special permits for minors 20 engaging in the entertainment and related fields; providing 21 penalties for the violation of the provisions thereof; and 22 repealing all acts or parts of acts inconsistent therewith," 23 further providing for employment of minors in poolrooms or 24 billiard rooms. 25 The General Assembly of the Commonwealth of Pennsylvania 26 hereby enacts as follows: 27 Section 1. Section 5 of the act of May 13, 1915 (P.L.286, 28 No.177), known as the Child Labor Law, amended August 23, 1961
1 (P.L.1107, No.494) and October 4, 1989 (P.L.584, No.62), is 2 amended to read: 3 Section 5. No minor under sixteen years of age shall be 4 employed or permitted to work in, about, or in connection with, 5 any manufacturing or mechanical occupation or process; nor on 6 scaffolding; nor in heavy work in the building trades; nor in 7 stripping or assorting tobacco; nor in any tunnel; nor upon any 8 railroad, steam, electric or otherwise; nor upon any boat 9 engaged in the transportation of passengers or merchandise; nor 10 in operating motor-vehicles of any description; nor in any 11 anthracite or bituminous coal-mine, or in any other mine. 12 No minor under eighteen years of age shall be employed or 13 permitted to work in the operation or management of hoisting 14 machines, in oiling or cleaning machinery, in motion; at switch- 15 tending, at gate-tending, at track-repairing; as a brakeman, 16 fireman, engineer, or motorman or conductor, upon a railroad or 17 railway; as a pilot, fireman, or engineer upon any boat or 18 vessel; in the manufacture of paints, colors or white lead in 19 any capacity; in preparing compositions in which dangerous leads 20 or acids are used; in the manufacture or use of dangerous or 21 poisonous dyes; in any dangerous occupation in or about any 22 mine; nor in or about any establishment wherein gunpowder, 23 nitroglycerine, dynamite, or other high or dangerous explosive 24 is manufactured or compounded: Provided, That minors age 25 fourteen and over may operate power lawn mowing equipment: And 26 provided further, That such minors may be employed in bowling 27 centers as snack bar attendants, porters, control desk clerks 28 and scorer attendants: And provided further, That such minors 29 may work where such chemicals, compounds, dyes and acids are 30 utilized in the course of experiments and testing procedures, in 19930H2334B2911 - 2 -
1 such circumstances and under such conditions and safeguards as 2 may be specified by rule or regulation of the Department of 3 Labor and Industry. 4 No minor under eighteen years of age shall be employed or 5 permitted to work in, about, or in connection with, any 6 establishment where alcoholic liquors are distilled, rectified, 7 compounded, brewed, manufactured, bottled, sold, or dispensed[; 8 nor in a pool or billiard room]: Provided, That male or female 9 minors sixteen years of age and over may be employed and 10 permitted to work that part of a motel, restaurant, club or 11 hotel in which liquor or malt or brewed beverages are not 12 served: And, provided further, That minors sixteen years of age 13 and over may be employed to serve food, clear tables and perform 14 other duties, not to include the dispensing or serving of 15 alcoholic beverages, in any licensed establishment whose sales 16 of food and nonalcoholic beverages are equal to forty per cent 17 or more of the combined gross sales of both food and alcoholic 18 beverages. Before employing any minor sixteen years of age and 19 over, any establishment licensed by the Liquor Control Board 20 shall furnish to the school district official authorized to 21 issue employment certificates a certification that, for a period 22 of not less than ninety consecutive days during the twelve 23 months immediately preceding the date of application, the sales 24 of food and nonalcoholic beverages by the employer at the 25 licensed premises were equal to or exceeded forty per cent of 26 the combined gross sales of food, nonalcoholic and alcoholic 27 beverages in conformity with the requirements set forth in 28 Regulation 141 of the Liquor Control Board governing the sale of 29 alcoholic beverages on Sunday. 30 No minor shall be employed or permitted to serve or handle 19930H2334B2911 - 3 -
1 alcoholic liquor in any establishment where alcoholic liquors 2 are sold or dispensed; nor be employed or permitted to work in 3 violation of the laws relating to the operation of motor 4 vehicles by minors. 5 In addition to the foregoing, it shall be unlawful for any 6 minor under eighteen years of age to be employed or permitted to 7 work in any occupation dangerous to the life or limb, or 8 injurious to the health or morals, of the said minor, as such 9 occupations shall, from time to time, after public hearing 10 thereon, be determined and declared by the Industrial Board of 11 the Department of Labor and Industry: Provided, That if it 12 should be hereafter held by the courts of this Commonwealth that 13 the power herein sought to be granted to the said board is for 14 any reason invalid, such holding shall not be taken in any case 15 to affect or impair the remaining provisions of this section. 16 Section 2. This act shall take effect in 60 days. K18L43BIL/19930H2334B2911 - 4 -