PRINTER'S NO. 2655
No. 2059 Session of 1987
INTRODUCED BY DAVIES, COHEN, CALTAGIRONE, ANGSTADT, SEMMEL,
GALLEN AND LEH, DECEMBER 9, 1987
REFERRED TO COMMITTEE ON LABOR RELATIONS, DECEMBER 9, 1987
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 the issuance of employment
24 certificates.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Sections 1, 8, 9, 10, 11, 12 and 14 of the act of
28 May 13, 1915 (P.L.286, No.177), known as the Child Labor Law,
1 amended September 27, 1984 (P.L.714, No.152), are amended to
2 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 farm, or in domestic service
8 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 "transferable work permit," when used in this act,
20 shall mean a certificate issued to minors at least sixteen years
21 of age permitting that minor to work during the entire period
22 and which shall be transferable from one employer to another
23 throughout the period for which the individual is considered a
24 minor.]
25 Section 8. Before any minor under eighteen years of age
26 shall be employed, permitted or suffered to work in, about, or
27 in connection with, any establishment, or in any occupation, the
28 person employing such minor shall procure and keep on file, and
29 accessible to any attendance officer, deputy factory inspector,
30 or other authorized inspector or officer charged with the
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1 enforcement of this act, an employment certificate [or
2 transferable work permit] as hereinafter provided, issued for
3 said minor.
4 [Any minor who has reached the age of sixteen may receive a
5 transferable work permit instead of an employment certificate
6 from the appropriate issuing official. All transferable work
7 permits shall be valid for the entire period the minor is
8 eligible for work and is under the age of eighteen.]
9 Section 9. Employment certificates [or transferable work
10 permits] shall be issued only by the following officials, for
11 children residing within their respective public school
12 districts: In public school districts having a district
13 superintendent or supervising principal, by such superintendent
14 or supervising principal; in school districts having no district
15 superintendent or supervising principal, by the secretary of the
16 board of school directors of that district: Provided, That any
17 district superintendent, supervising principal, or secretary of
18 the board of school directors, hereby authorized to issue such
19 certificates or transferable work permits, may authorize and
20 deputize, in writing, any other school official to act in his
21 stead for the purpose of issuing such certificates [or
22 transferable work permits. All employment certificates or
23 transferable work permits shall be forwarded by mail, by the
24 issuing officer, to the prospective employer of the minor for
25 whom the employment certificate or transferable work permit is
26 issued].
27 Section 10. Application for the employment certificate [or
28 transferable work permit] must be made[, in person,] by the
29 parent, guardian, or legal custodian of the minor for whom such
30 employment certificate or transferable work permit is requested;
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1 or, if said minor have no parent, guardian, or legal custodian,
2 then by the next friend, who must be over eighteen years of age.
3 A properly countersigned application shall be acceptable in lieu
4 of personal application of parent, guardian or custodian for
5 minors who have graduated from accredited senior high schools
6 and show official proof of such graduation. No employment
7 certificate [or transferable work permit] shall be issued until
8 the said minor has personally appeared before, and been examined
9 by, the officer issuing the certificate [or transferable work
10 permit], except that where the applicant is a graduate of [a
11 high school, no personal appearance of the parent, guardian or
12 legal custodian or next friend of the minor shall be required
13 upon official proof of such graduation] an accredited high
14 school and exhibits official proof of such graduation, no
15 personal appearance or countersigned application shall be
16 required.
17 Section 11. Employment certificates shall be of two classes:
18 general employment certificates and vacation employment
19 certificates. General employment certificates shall entitle a
20 minor, sixteen to eighteen years of age, to work during the
21 entire year. Vacation employment certificates shall entitle a
22 minor, twelve to fourteen years of age to work as a caddy and a
23 minor, fourteen to eighteen years of age to work, as herein
24 provided, on any day, except at such times, on such days as such
25 minor is required to attend school, under the provisions of the
26 laws now in force or hereafter enacted: Provided, however, That
27 any minor over sixteen years of age employed in the
28 distribution, sale, exposing or offering for sale, of any
29 newspaper, magazine, periodical or other publication, shall not
30 be required to procure an employment certificate [or
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1 transferable work permit] under this act.
2 Section 12. The official authorized to issue a general or a
3 vacation employment certificate [or transferable work permit]
4 shall not issue such certificate [or transferable work permit]
5 until he has received, examined, approved, and filed the
6 following papers, namely:--
7 a. [A statement signed by the prospective employer, or by
8 some one duly authorized on his behalf, stating that he expects
9 to give such minor present employment, and setting forth the
10 character of the same, and the number of hours per day and per
11 week which said minor will be employed;
12 b.] A certificate of physical fitness, as hereinafter
13 provided;
14 [c.] b. Proof of age as hereinafter provided, except that
15 when such proof of age is an official document or record of the
16 Commonwealth or government of another state or governmental
17 subdivision thereof, it need not be filed if the officer issuing
18 the certificate or transferable work permit shall record such
19 information as may be necessary to enable the document or record
20 to be located at the place where it is filed. When proof of age
21 is other than an official document or record of the Commonwealth
22 or government of another state or governmental subdivision
23 thereof, a photostatic copy thereof may be filed in lieu of the
24 original: Provided, however, That such photostatic copy shall be
25 certified to by the officer issuing the employment certificate
26 [or transferable work permit].
27 Section 14. The certificate of physical fitness required by
28 this act shall state that the minor has been thoroughly examined
29 by the said examining physician, certified nurse practitioner,
30 or certified registered nurse practitioner at the time of the
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1 application for an employment certificate or [transferable work
2 permit] within the previous calendar year, and is physically
3 qualified for [the] employment [specified in the statement of
4 the prospective employer] subject only to any limitations on
5 duties as may be specified by the examiner on the certificate.
6 In any case where the said physician, certified nurse
7 practitioner, or certified registered nurse practitioner shall
8 deem it advisable, he may issue a certificate of physical
9 fitness for a limited time; at the expiration of which time the
10 holder shall again appear, and submit to a new examination
11 before being permitted to continue at work. Except as
12 hereinafter provided, in a school district of the first, second,
13 or third class the physical examination of a minor provided for
14 by this act shall be made by a physician, certified nurse
15 practitioner, or certified registered nurse practitioner
16 employed by the board of school directors of the school district
17 in which such minor resides, and in a district of the fourth
18 class by a physician, certified nurse practitioner, or certified
19 registered nurse practitioner appointed by the State Department
20 of Health and the certificate of physical fitness provided for
21 by this act shall be signed by said physician, certified nurse
22 practitioner, or certified registered nurse practitioner, and no
23 fee or other compensation for such service shall be required to
24 be paid by such minor or by his parent or guardian: Provided,
25 however, That any minor may, at his own expense, have the
26 physical examination provided for by this act made and the
27 certificate of physical fitness signed by his family physician,
28 as defined in section 1401 of the Public School Code of 1949,
29 and its amendments. Any physical examination required by this
30 act to be accomplished as a condition of employment which would
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1 be equal to or more comprehensive than the standard examination
2 given by the school physician, certified nurse practitioner, or
3 certified registered nurse practitioner or family physician will
4 be deemed to meet the requirements of this section, and the
5 certificate of physical fitness may be signed by the physician
6 designated by the prospective employer to perform such
7 examination. For the purposes of this section, "certified nurse
8 practitioner" shall mean a certified school nurse who is a
9 graduate of a nurse practitioner program which has been approved
10 by the Department of Health School Nurse Advisory Committee, or
11 a certified registered nurse practitioner who has been approved
12 by the State Board of Nurse Examiners of the Department of
13 State.
14 Section 2. Section 17 of the act, amended April 18, 1978
15 (P.L.58, No.28), is amended to read:
16 Section 17. It shall be the duty of every person who shall
17 employ any minor under eighteen years of age to [acknowledge, in
18 writing, to the official issuing the same, the receipt of the
19 employment certificate of said minor, within five days after the
20 beginning of such employment. On termination of the employment
21 of a minor under eighteen years of age, the employment
22 certificate issued for such minor shall be returned by mail, by
23 the employer, to the official issuing the same, immediately upon
24 demand of the minor for whom the certificate was issued, or
25 otherwise, within five days after termination of said
26 employment. The official to whom said certificate is so returned
27 shall file said certificate and preserve the same. Any minor
28 whose employment certificate has been returned, as above
29 provided, shall be entitled to a new employment certificate upon
30 presentation of a statement from the prospective employer, as
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1 hereinabove provided.] require the minor to produce a current
2 employment certificate prior to the commencement of employment.
3 The employment certificate or temporary work permit shall remain
4 in the custody of the minor.
5 Section 3. Sections 17.1 and 18 of the act, amended or added
6 September 27, 1984 (P.L.714, No.152), are amended to read:
7 Section 17.1. [(a)] Any employer [receiving a transferable
8 work permit from a minor he employs,] shall, within five days of
9 [receipt of such permit] commencement of such employment,
10 provide the school district issuing that [permit] certificate
11 with the following information:
12 (1) The certificate number.
13 [(1)] (2) The name and age of the minor employe hired.
14 [(2)] (3) The number of hours per day and week such minor
15 employe will be employed.
16 [(3)] (4) The character of the employment.
17 [(b) In addition, upon termination of the employment of such
18 minor, the transferable work permit shall be returned to the
19 minor for whom it was issued and, further, the employer shall,
20 within five days, notify the issuing school district of the fact
21 employment has been terminated.]
22 Section 18. [(a)] All employment certificates or temporary
23 work permits shall be issued on wallet sized forms supplied by
24 the Secretary of Education, and shall contain the [name and
25 address of the prospective employer, and the nature of the
26 occupation in which said minor is expected to engage; and no
27 certificate shall be valid excepting in the hands of the
28 employer so named, and for the occupations so designated; and
29 shall state the] name, sex, date, and place of birth, place of
30 residence, color of hair and eyes, and any distinguishing
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1 physical characteristics or physical limitations of the minor
2 for whom it shall be issued. It shall certify that the minor
3 named has personally appeared before the issuing officer, and
4 has been examined; and that all the papers required by law have
5 been duly examined, approved and filed; and that all the
6 conditions and requirements for issuing an employment
7 certificate have been fulfilled. Every certificate shall be
8 signed, in the presence of the issuing officer, by the minor for
9 whom it shall be issued. The certificate shall bear a number,
10 shall show the date of its issue, and shall be signed by the
11 issuing officer. Vacation employment certificates shall be of a
12 color different from the general employment certificates, and
13 shall bear across their face the legend "Vacation Employment
14 Certificate."
15 [(b) All transferable work permits shall be issued on forms
16 supplied by the Secretary of Education and shall state the name,
17 sex, date and place of birth, place of residence, color of hair
18 and eyes, and any distinguishing physical characteristics of the
19 minor for whom it shall be issued. It shall certify that the
20 minor named has personally appeared before the issuing officer
21 and has been examined; and that all the papers required by law
22 have been duly examined, approved and filed; and that all the
23 conditions and requirements for issuing a transferable work
24 permit have been fulfilled. Every transferable work permit shall
25 be signed, in the presence of the issuing officer, by the minor
26 for whom it shall be issued. The transferable work permit shall
27 bear a number, shall show the date of its issue and shall be
28 signed by the issuing officer. Transferable work permits shall
29 be of a color different from general and vacation employment
30 certificates and shall bear across their face the legend
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1 "Transferable Work Permit."]
2 Section 4. This act shall take effect in 60 days.
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