PRIOR PRINTER'S NO. 1843 PRINTER'S NO. 1952
No. 1573 Session of 1989
INTRODUCED BY DeLUCA, BRANDT, KASUNIC, LEVDANSKY, ROBBINS,
KOSINSKI, BILLOW, CHADWICK, HECKLER, BELARDI, GIGLIOTTI,
McNALLY, OLASZ, PETRONE, TRELLO, MARKOSEK, BELFANTI, DALEY
AND STUBAN, MAY 30, 1989
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 5, 1989
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 AGRICULTURAL EXEMPTIONS; AND permitting <--
24 persons 14 years of age or older to engage in certain
25 employment in bowling centers.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 SECTION 1. SECTION 1 OF THE ACT OF MAY 13, 1915 (P.L.286, <--
1 NO.177), KNOWN AS THE CHILD LABOR LAW, AMENDED DECEMBER 21, 1988
2 (P.L.1908, NO.192), IS AMENDED TO READ:
3 SECTION 1. BE IT ENACTED, &C., THAT WHEREVER THE TERM
4 "ESTABLISHMENT" IS USED IN THIS ACT, IT SHALL MEAN ANY PLACE
5 WITHIN THIS COMMONWEALTH WHERE WORK IS DONE FOR COMPENSATION OF
6 ANY KIND, TO WHOMEVER PAYABLE: PROVIDED, THAT THIS ACT SHALL NOT
7 APPLY TO CHILDREN EMPLOYED ON [THE] A FARM, OR IN DOMESTIC
8 SERVICE IN PRIVATE HOMES.
9 THE TERM "PERSON," WHEN USED IN THIS ACT, SHALL BE CONSTRUED
10 TO INCLUDE ANY INDIVIDUAL, FIRM, PARTNERSHIP, UNINCORPORATED
11 ASSOCIATION, CORPORATION, OR MUNICIPALITY.
12 THE TERM "WEEK," WHEN USED IN THIS ACT, SHALL MEAN SEVEN
13 CONSECUTIVE DAYS WHICH MAY BEGIN ON ANY DAY OF A WEEK.
14 THE TERM "MINOR," WHEN USED IN THIS ACT, SHALL MEAN ANY
15 PERSON UNDER EIGHTEEN YEARS OF AGE. WHEREVER THE SINGULAR IS
16 USED IN THIS ACT THE PLURAL SHALL BE INCLUDED, AND WHEREVER THE
17 MASCULINE GENDER IS USED THE FEMININE AND NEUTER SHALL BE
18 INCLUDED.
19 THE TERM "FARM," WHEN USED IN THIS ACT, SHALL MEAN ANY REAL
20 PROPERTY, INCLUDING STRUCTURES, FACILITIES AND FIXTURES, USED IN
21 THE PRODUCTION OF A FARM PRODUCT.
22 THE TERM "FARM PRODUCT," WHEN USED IN THIS ACT, SHALL MEAN
23 ANY VEGETABLE; FRUIT; NUT; AGRICULTURAL, HORTICULTURAL,
24 FLORICULTURAL OR SILVICULTURAL PRODUCT; FUR-BEARING ANIMAL;
25 LIVESTOCK OR LIVESTOCK PRODUCT; POULTRY OR POULTRY PRODUCT;
26 AQUACULTURAL PRODUCT; WOOL; HIDE; DAIRY PRODUCT; HONEY; AND
27 SYRUP.
28 THE TERM "FARMER," WHEN USED IN THIS ACT, SHALL MEAN A PERSON
29 WHO IS IN THE BUSINESS OF OPERATING A FARM AS A COMMERCIAL
30 ENTERPRISE.
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1 THE TERM "EMPLOYED ON A FARM," WHEN USED IN THIS ACT, SHALL
2 MEAN PERFORMING ANY ACTIVITY ON THE FARM PURSUANT TO, IN
3 FURTHERANCE OF OR INCIDENTAL TO, THE PLANTING, BREEDING,
4 RAISING, GROWING, TRAINING, SHEARING, HARVESTING, HERDING,
5 GATHERING, PACKAGING, CAGING, CRATING OR PREPARING FOR TRANSPORT
6 OR MARKETING OF ANY FARM PRODUCT, REGARDLESS OF WHETHER THE
7 PERSON IS EMPLOYED BY THE FARMER OR BY A PERSON OTHER THAN THE
8 FARMER: PROVIDED, THAT, IF A MINOR IS EMPLOYED BY A PERSON OTHER
9 THAN THE FARMER, THE PROVISIONS OF SECTION 7.4 APPLY.
10 Section 1 2. The second and third paragraphs of section 5 of <--
11 the act of May 13, 1915 (P.L.286, No.177), known as the Child <--
12 Labor Law, amended September 22, 1972 (P.L.873, No.199) and
13 December 21, 1973 (P.L.438, No.155), are amended to read:
14 Section 5. * * *
15 No minor under eighteen years of age shall be employed or
16 permitted to work in the operation or management of hoisting
17 machines, in oiling or cleaning machinery, in motion; at switch-
18 tending, at gate-tending, at track-repairing; as a brakeman,
19 fireman, engineer, or motorman or conductor, upon a railroad or
20 railway; as a pilot, fireman, or engineer upon any boat or
21 vessel; in the manufacture of paints, colors or white lead in
22 any capacity; in preparing compositions in which dangerous leads
23 or acids are used; in the manufacture or use of dangerous or
24 poisonous dyes; in any dangerous occupation in or about any
25 mine; nor in or about any establishment wherein gunpowder,
26 nitroglycerine, dynamite, or other high or dangerous explosive
27 is manufactured or compounded: Provided, That minors age
28 fourteen and over may operate power lawn mowing equipment: And
29 provided further, That such minors may be employed in bowling
30 centers as snack bar attendants, porters, control desk clerks
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1 and scorer attendants: And provided further, That such minors
2 may work where such chemicals, compounds, dyes and acids are
3 utilized in the course of experiments and testing procedures, in
4 such circumstances and under such conditions and safeguards as
5 may be specified by rule or regulation of the Department of
6 Labor and Industry.
7 No minor under eighteen years of age shall be employed or
8 permitted to work in, about, or in connection with, any
9 establishment where alcoholic liquors are distilled, rectified,
10 compounded, brewed, manufactured, bottled, sold, or dispensed;
11 [nor in a bowling alley;] nor in a pool or billiard room:
12 Provided, That male or female minors sixteen years of age and
13 over may be employed and permitted to work [in a bowling alley,
14 or] that part of a motel, restaurant, club or hotel in which
15 liquor or malt or brewed beverages are not served: And, provided
16 further, That minors sixteen years of age and over may be
17 employed to serve food, clear tables and perform other duties,
18 not to include the dispensing or serving of alcoholic beverages,
19 in any licensed establishment whose sales of food and
20 nonalcoholic beverages are equal to forty per cent or more of
21 the combined gross sales of both food and alcoholic beverages.
22 Before employing any minor sixteen years of age and over, any
23 establishment licensed by the Liquor Control Board shall furnish
24 to the school district official authorized to issue employment
25 certificates a certification that, for a period of not less than
26 ninety consecutive days during the twelve months immediately
27 preceding the date of application, the sales of food and
28 nonalcoholic beverages by the employer at the licensed premises
29 were equal to or exceeded forty per cent of the combined gross
30 sales of food, nonalcoholic and alcoholic beverages in
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1 conformity with the requirements set forth in Regulation 141 of
2 the Liquor Control Board governing the sale of alcoholic
3 beverages on Sunday.
4 * * *
5 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
6 SECTION 7.4. NO MINOR UNDER FOURTEEN YEARS OF AGE MAY BE
7 EMPLOYED ON A FARM BY A PERSON OTHER THAN THE FARMER. IF A MINOR
8 UNDER SIXTEEN YEARS OF AGE IS EMPLOYED OR PERMITTED TO WORK ON A
9 FARM BY A PERSON OTHER THAN THE FARMER, THE REQUIREMENTS OF
10 SECTIONS 8, 17 AND 17.1, PERTAINING TO EMPLOYMENT CERTIFICATES
11 AND TRANSFERABLE WORK PERMITS, AND OF SECTION 21, PERTAINING TO
12 MAINTENANCE AND AVAILABILITY OF RECORDS FOR INSPECTION, SHALL,
13 TO THE EXTENT NECESSARY FOR ENFORCEMENT, BE APPLICABLE TO
14 EMPLOYMENT UNDER THIS SECTION. NO MINOR UNDER SIXTEEN YEARS OF
15 AGE MAY BE EMPLOYED OR PERMITTED TO WORK ON A FARM BY A PERSON
16 OTHER THAN THE FARMER:--
17 A. FOR MORE THAN EIGHTEEN HOURS IN ANY SCHOOL WEEK; OR,
18 B. FOR MORE THAN SIX HOURS IN ANY SCHOOL DAY; OR,
19 C. BEFORE SEVEN O'CLOCK IN THE MORNING OR AFTER TEN O'CLOCK
20 IN THE EVENING; OR,
21 D. IN ANY AGRICULTURAL OCCUPATION DECLARED HAZARDOUS BY THE
22 UNITED STATES SECRETARY OF LABOR.
23 Section 2 4. This act shall take effect immediately. <--
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