Act of 1915,
P.L. 286, No.
177
AN ACT
To provide
for the
health,
safety, and
welfare of
minors: By
forbidding
their
employment
or work in
certain
establishments
and
occupations,
and under
certain
specified
ages; by
restricting
their hours
of labor,
and
regulating
certain
conditions
of their
employment;
by requiring
employment
certificates
or
transferable
work permits
for certain
minors, and
prescribing
the kinds
thereof, and
the rules
for the
issuance,
reissuance,
filing,
return, and
recoding of
the same; by
providing
that the
Industrial
Board shall,
under
certain
conditions,
determine
and declare
whether
certain
occupations
are within
the
prohibitions
of this act;
requiring
certain
abstracts
and notices
to be
posted;
providing
for the
enforcement
of this act
by the
Secretary of
Labor and
Industry,
the
representative
of school
districts,
and police
officers;
and defining
the
procedure in
prosecutions
thereunder,
and
establishing
certain
presumptions
in relation
thereto;
providing
for the
issuance of
special
permits for
minors
engaging in
the
entertainment
and related
fields;
providing
penalties
for the
violation of
the
provisions
thereof; and
repealing
all acts or
parts of
acts
inconsistent
therewith,
further
providing
for
entertainment,
rehearsals,
permits,
applications
and appeals;
and
providing
for
volunteer
fire company
activities.
(Tit.
amended Dec.
21, 1998,
P.L. 1242,
No. 158)
Section 1.
Be it
enacted,
&c., That
wherever the
term
"establishment"
is used in
this act, it
shall mean
any place
within this
Commonwealth
where work
is done for
compensation
of any kind,
to whomever
payable:
Provided,
That this
act shall
not apply to
children
employed on
the farm, or
in domestic
service in
private
homes.
The term
"person,"
when used in
this act,
shall be
construed to
include any
individual,
firm,
partnership,
unincorporated
association,
corporation,
or
municipality.
The term
"week," when
used in this
act, shall
mean seven
consecutive
days which
may begin on
any day of a
week.
The term
"minor,"
when used in
this act,
shall mean
any person
under
eighteen
years of
age.
Wherever the
singular is
used in this
act the
plural shall
be included,
and wherever
the
masculine
gender is
used the
feminine and
neuter shall
be included.
(1 amended
Dec. 21,
1998, P.L.
1908, No.
192)
Section 2.
No minor
under
sixteen
years of age
shall be
employed or
permitted to
work in,
about, or in
connection
with, any
establishment
or in any
occupation
except that
a minor
between the
ages of
twelve and
fourteen
years may be
employed as
a caddy
subject to
the
limitation
that he or
she carry
not more
than one
golf bag at
a time and
for not more
than
eighteen
holes of
golf in any
one day and
except that
a minor
between the
ages of
fourteen and
sixteen
years may be
employed as
hereinafter
provided in
such work as
will not
interfere
with school
attendance:
Provided,
however,
That nothing
contained in
this section
shall be
construed as
superseding
or modifying
any
provisions
contained in
section
seven of the
act to which
this is an
amendment.
(2 amended
Oct. 4,
1978, P.L.
938, No.
182)
Section 3.
(3 repealed
July 19,
1935, P.L.
1335, No.
418)
Section 4.
No minor
under
eighteen
years of age
shall be
employed or
permitted to
work in,
about, or in
connection
with any
establishment,
or in any
occupation,
for more
than six
consecutive
days in any
one week, or
more than
forty-four
hours in any
one week, or
more than
eight hours
in any one
day:
Provided,
That
messengers
employed by
telegraph
companies at
offices
where only
one such
minor is
employed as
a messenger
in which
case such
minor shall
not be
employed for
more than
six
consecutive
days in any
one week, or
more than
fifty-one
hours in any
one week, or
more than
nine hours
in any one
day: And
provided
further,
That no
minor under
eighteen
years of
age, who is
enrolled in
regular day
school and
working
outside
school
hours, shall
be employed
or permitted
to work for
more than
twenty-eight
hours during
a school
week.
No minor under
sixteen years of
age shall be
employed or
permitted to
work in, about,
or in connection
with, any
establishment or
in any
occupation
before seven
o'clock in the
morning or after
seven o'clock in
the evening of
any day except
during school
vacation period
from June to
Labor Day when
such minor may
work between the
hours of seven
o'clock in the
morning and ten
o'clock in the
evening nor
shall such minor
who is enrolled
in school and
working outside
school hours be
employed or
permitted to
work in, about,
or in connection
with, any
establishment or
in any
occupation more
than four hours
on a school day,
or more than
eight hours on
any other day,
or more than
eighteen hours
during a school
week: Provided,
That, students
fourteen years
of age and over
whose employment
is part of a
recognized
school-work
program,
supervised by a
recognized
school
authority, may
be employed for
hours which,
combined with
the hours spent
in school, do
not exceed eight
a day: And
further
provided, That
minors over the
age of fourteen
may be employed
in the
distribution,
sale, exposing
or offering for
sale, of any
newspaper,
magazine,
periodical or
other
publication for
not more than
fifty-one hours
in any one week,
or more than
nine hours in
any one day, and
after six
o'clock in the
morning and
before eight
o'clock in the
evening: And
further
provided, That a
minor under
sixteen years of
age employed on
a farm by a
person other
than the farmer
in the hatching,
raising or
harvesting of
poultry may be
employed or
permitted to
work until 10
o'clock in the
evening as long
as the minor is
not working in
an agricultural
occupation
declared
hazardous by the
United States
Secretary of
Labor.
No minor
under
eighteen
years of age
shall be
employed or
permitted to
work for
more than
five hours
continuously
in, about,
or in
connection
with, any
establishment
without an
interval of
at least
thirty
minutes for
a lunch
period and
no period of
less than
thirty
minutes
shall be
deemed to
interrupt a
continuous
period of
work.
No minor
under
eighteen
years of age
shall be
employed or
permitted to
work in,
about, or in
connection
with, any
establishment
between the
hours of
twelve in
the evening
and six in
the morning
if such
minor is
enrolled in
regular day
school:
Provided,
That, minors
sixteen and
seventeen
years of age
may be
employed
until, but
not after,
one o'clock
in the
morning on
Fridays and
Saturdays,
and on days
preceding a
school
vacation
occurring
during the
school year,
excepting
the last day
of such
vacation
period.
Notwithstanding
any other
provision of
this
section, a
minor who is
sixteen or
seventeen
years of age
who is
employed
during the
months of
June, July,
August or
September by
a summer
resident
camp or a
conference
or retreat
operated by
a religious
or scout
organization
shall
receive one
day of rest
(twenty-four
consecutive
hours of
rest) during
every
seven-day
period:
Provided,
That this
paragraph
shall not
apply to a
minor
employed
primarily
for general
maintenance
work or food
service
activities.
(4 amended
Oct. 4,
1989, P.L.
584, No. 62)
Section 5.
No minor
under
sixteen
years of age
shall be
employed or
permitted to
work in,
about, or in
connection
with, any
manufacturing
or
mechanical
occupation
or process;
nor on
scaffolding;
nor in heavy
work in the
building
trades; nor
in stripping
or assorting
tobacco; nor
in any
tunnel; nor
upon any
railroad,
steam,
electric or
otherwise;
nor upon any
boat engaged
in the
transportation
of
passengers
or
merchandise;
nor in
operating
motor-vehicles
of any
description;
nor in any
anthracite
or
bituminous
coal-mine,
or in any
other mine.
No minor
under
eighteen
years of age
shall be
employed or
permitted to
work in the
operation or
management
of hoisting
machines, in
oiling or
cleaning
machinery,
in motion;
at
switch-tending,
at
gate-tending,
at
track-repairing;
as a
brakeman,
fireman,
engineer, or
motorman or
conductor,
upon a
railroad or
railway; as
a pilot,
fireman, or
engineer
upon any
boat or
vessel; in
the
manufacture
of paints,
colors or
white lead
in any
capacity; in
preparing
compositions
in which
dangerous
leads or
acids are
used; in the
manufacture
or use of
dangerous or
poisonous
dyes; in any
dangerous
occupation
in or about
any mine;
nor in or
about any
establishment
wherein
gunpowder,
nitroglycerine,
dynamite, or
other high
or dangerous
explosive is
manufactured
or
compounded:
Provided,
That minors
age fourteen
and over may
operate
power lawn
mowing
equipment:
And provided
further,
That such
minors may
be employed
in bowling
centers as
snack bar
attendants,
porters,
control desk
clerks and
scorer
attendants:
And provided
further,
That such
minors may
work where
such
chemicals,
compounds,
dyes and
acids are
utilized in
the course
of
experiments
and testing
procedures,
in such
circumstances
and under
such
conditions
and
safeguards
as may be
specified by
rule or
regulations
of the
Department
of Labor and
Industry.
(Par.
amended Oct.
4, 1989,
P.L. 584,
No. 62)
No minor
under
eighteen
years of age
shall be
employed or
permitted to
work in,
about, or in
connection
with, any
establishment
where
alcoholic
liquors are
distilled,
rectified,
compounded,
brewed,
manufactured,
bottled,
sold, or
dispensed;
nor in a
pool or
billiard
room:
Provided,
That male or
female
minors
sixteen
years of age
and over may
be employed
and
permitted to
work that
part of a
motel,
restaurant,
club or
hotel in
which liquor
or malt or
brewed
beverages
are not
served: And,
provided
further,
That minors
sixteen
years of age
and over may
be employed
to serve
food, clear
tables and
perform
other
duties, not
to include
the
dispensing
or serving
of alcoholic
beverages,
in any
licensed
establishment
whose sales
of food and
nonalcoholic
beverages
are equal to
forty per
cent or more
of the
combined
gross sales
of both food
and
alcoholic
beverages.
Before
employing
any minor
sixteen
years of age
and over,
any
establishment
licensed by
the Liquor
Control
Board shall
furnish to
the school
district
official
authorized
to issue
employment
certificates
a
certification
that, for a
period of
not less
than ninety
consecutive
days during
the twelve
months
immediately
preceding
the date of
application,
the sales of
food and
nonalcoholic
beverages by
the employer
at the
licensed
premises
were equal
to or
exceeded
forty per
cent of the
combined
gross sales
of food,
nonalcoholic
and
alcoholic
beverages in
conformity
with the
requirements
set forth in
Regulation
141 of the
Liquor
Control
Board
governing
the sale of
alcoholic
beverages on
Sunday.
Nothing in
this section
should be
construed as
prohibiting
minors
fourteen and
fifteen
years of age
to be
employed at
ski resorts,
golf courses
and
amusement
parks as
long as they
are not
permitted to
serve or
handle
alcoholic
beverages
and as long
as they do
not work in
any room in
which
alcohol is
being served
or stored.
(Par.
amended Dec.
15, 1999,
P.L. 946,
No. 67)
No minor
shall be
employed or
permitted to
serve or
handle
alcoholic
liquor in
any
establishment
where
alcoholic
liquors are
sold or
dispensed;
nor be
employed or
permitted to
work in
violation of
the laws
relating to
the
operation of
motor
vehicles by
minors.
In addition
to the
foregoing,
it shall be
unlawful for
any minor
under
eighteen
years of age
to be
employed or
permitted to
work in any
occupation
dangerous to
the life or
limb, or
injurious to
the health
or morals,
of the said
minor, as
such
occupations
shall, from
time to
time, after
public
hearing
thereon, be
determined
and declared
by the
Industrial
Board of the
Department
of Labor and
Industry:
Provided,
That if it
should be
hereafter
held by the
courts of
this
Commonwealth
that the
power herein
sought to be
granted to
the said
board is for
any reason
invalid,
such holding
shall not be
taken in any
case to
affect or
impair the
remaining
provisions
of this
section.
(5 amended
Aug. 23,
1961, P.L.
1107, No.
494)
Compiler's
Note:
Section
12(a) of Act
80 of 1998
provided
that section
5 is
repealed
insofar as
it is
inconsistent
with that
act.
Compiler's
Note:
Section 3 of
Act 83 of
1975
provided
that section
5 is
repealed
insofar as
it is
inconsistent
with that
act.
Section 6.
No minor
shall be
permitted to
work as
messenger
for a
telephone,
telegraph,
or messenger
company, in
the
distribution,
collection,
transmission,
or delivery
of goods or
messages,
before six
o'clock in
the morning
or after
eight
o'clock in
the evening
of any day.
Section 7.
No minor
under eleven
years of
age, shall
distribute,
sell,
expose, or
offer for
sale any
newspaper,
magazine,
periodical,
or other
publication,
or any
article of
merchandise
of any sort,
in any
street or
public
place. No
minor under
fourteen
years of
age, shall
be suffered,
employed, or
permitted to
work at any
time as a
scavenger,
bootblack,
or in any
other trade
or
occupation
performed in
any street
or public
place. No
minor under
sixteen
years of
age, shall
engage in
any
occupation
mentioned in
this section
before five
o'clock in
the morning,
or after
eight
o'clock in
the evening,
of any day.
(7 amended
Dec. 16,
1992, P.L.
1202, No.
154)
Section 7.1.
(a) The
Department
of Labor and
Industry is
hereby
authorized
to issue
special
permits for
the
employment
of minors
seven and
under
eighteen
years of age
in
theatrical
productions,
musical
recitals or
concerts,
entertainment
acts,
modeling,
radio,
television,
motion
picture
making, or
in other
similar
forms or
media of
entertainment
in
Pennsylvania
where the
performance
of such
minor is not
hazardous to
his safety
or
well-being,
except as
follows:
(1) No such
minor shall
be permitted
to perform
after the
hour of
eleven-thirty
in the
evening.
(2) No
such
minor
shall be
permitted
to
perform
in any
place or
establishment
where
alcoholic
beverages
are sold
or
dispensed.
(3) No
such
minor
shall be
permitted
to
perform
in a
boxing,
sparring
or
wrestling
match or
exhibition
or in an
acrobatic
or other
act,
performance
or
exhibition
hazardous
to his
safety
or
well-being.
(4) No
such
minor
shall
appear
in more
than two
performances
in any
one day
nor in
more
than
eight
performances
in any
one
week.
(a.1) In
addition to
any permit
authorized
by
subsection
(a), the
department
shall be
authorized
to issue
special
permits for
the
temporary
employment
of minors as
part of the
performing
cast in the
production
of a motion
picture, if
the
department
determines
that
adequate
provision
has been
made for the
educational
instruction,
supervision,
health and
welfare of
the minor.
Unless the
department
determines
that more
restrictive
conditions
are
necessary,
special
permits
authorized
by this
subsection
shall
authorize
minors to
work as part
of the
performing
cast for
forty-four
hours in any
one week and
eight hours
in any one
day. Time
spent on the
set or on
location
while on
call shall
be excluded
from any
calculation
of the
maximum
number of
hours
authorized
by this
subsection
if the
department
determines
that
adequate
provision
has been
made for the
child's
education,
supervision
and welfare
during such
intervals.
The
department
may restrict
the number
of hours
which may be
spent on
call by the
minor. The
department
may waive,
in whole or
in part,
restrictions
contained in
this act and
in any other
act, on the
time of day
or night
allowed for
engaging in
the
employment
authorized
by this
subsection,
if the
department
determines
that such
waiver is
necessary to
preserve the
artistic
integrity of
the motion
picture and
further
determines
that such
waiver will
not impair
the
educational
instruction,
supervision,
health and
welfare of
the minor.
Special
permits
authorized
by this
subsection
shall be
valid for a
period of
time not to
exceed six
months. An
issued
permit shall
state that
no minor,
allowed
under the
permit to be
temporarily
employed,
may be
allowed on a
set during,
or may
otherwise
watch, the
filming or
rehearsal
for filming
of any
sexual act.
Nothing in
this section
shall be
construed to
supersede or
repeal in
part 18
Pa.C.S.
§5903
(relating to
obscene and
other sexual
materials)
or 6312
(relating to
sexual abuse
of
children).
((a.1)
amended Dec.
21, 1998,
P.L. 1908,
No. 192)
(a.2) A
special
permit shall
not be
required
under this
section for
a minor who
participates
in a
nonprofit,
educational,
theatrical
production
if there is
informed,
written
consent of a
parent or
guardian; if
the
participation
is for a
period of no
more than
fourteen
consecutive
days; if the
participation
is not
during
school
hours; and
if the minor
receives no
direct or
indirect
remuneration.
All other
existing
limitations
of this
section
shall remain
applicable.
((a.2) added
Dec. 21,
1998, P.L.
1242, No.
158)
(b)
Rehearsals
for
performances
as set forth
in this
section
shall be
permitted,
providing
the length
of time and
hours of
starting and
finishing
such
rehearsals
added to
performance
duties are
not such as
to be
injurious or
harmful to
the minor.
Rehearsal
time, if
any,
expected and
the hours of
starting and
finishing
same shall
be set forth
in the
application
as provided
in this
section, and
the special
permit
issued shall
state what
rehearsal
time is
permissible.
(c) Nothing
in this
section
shall be
deemed to
supersede or
repeal any
provisions
of this act
unless and
until such
special
permit is
issued for
any such
performance
or series of
performances.
(d)
Application
forms shall
be in such
form as
shall be
provided by
the
Department
of Labor and
Industry.
Such forms
shall be
signed by
both the
employer of
the minor
and the
parent or
guardian of
the minor,
and shall
contain the
seal of a
notary
public and a
statement
that the
facts as set
forth in the
application
are true and
correct. The
application
shall state
what
provisions
are in
effect to
provide for
the minor's
educational
instruction,
supervision,
health and
welfare and
the
safeguarding
and
conservation
for the
minor of the
moneys
derived from
such
performances.
No special
permit shall
be issued
for any
performance
where there
is no
adequate
provision
for such
educational
instruction,
supervision,
health and
welfare and
the
safeguarding
and
conservation
for the
minor of the
moneys
derived from
such
performances.
(e) Appeals
of any
decision
under this
section made
by the
Department
of Labor and
Industry
shall be to
the
Industrial
Board which
will hold a
hearing on
same.
((e)
repealed in
part Apr.
28, 1978.
P.O. 202,
No. 53)
(7.1 added
Aug. 23,
1961, P.L.
1107, No.
494)
Compiler's
Note:
The acts of
Jan. 6,
1970, 1969
P.L. 434,
No. 185 and
July 31,
1970, P.L.
673, No.
233, vested
the
jurisdiction
of the
courts named
therein in
the
Commonwealth
Court. The
act of June
30, 1998,
P.L. 475,
No. 80
repealed
this section
insofar as
it is
inconsistent
with that
act.
Section 7.2.
Any minor of the
age of seventeen
years who is a
high school
graduate or who
is declared to
have attained
his academic
potential by the
chief
administrator of
the school
district wherein
he resides
shall, for the
purposes of this
act, be deemed
to be a minor of
the age of
eighteen years.
(7.2 added
Apr. 25,
1968, P.L.
99, No. 49)
Section 7.3.
Minor Volunteer
Fire Company,
Volunteer
Ambulance Corps,
Volunteer Rescue
Squads and
Volunteer Forest
Fire Crew Member
Activities.
(a) Minors
who are
members of a
volunteer
fire company
and
volunteer
forest fire
crew may
participate
in training
and
fire-fighting
activities
as follows:
(1) Drivers
of trucks,
ambulances
or other
official
fire
vehicles
must be
eighteen
years of
age.
(2)
Minors
sixteen
and
seventeen
years of
age who
have
successfully
completed
a course
of
training
equal to
the
standards
for
basic
fire-fighting
established
by the
Department
of
Education
and the
Department
of
Environmental
Resources,
may
engage
in
fire-fighting
activities
provided
that
such
minors
are
under
the
direct
supervision
and
control
of the
fire
chief,
an
experienced
line
officer
or a
designated
forest
fire
warden.
(3) No
person
under
eighteen
years of
age
shall be
permitted
to
(i)
operate
an
aerial
ladder,
aerial
platform
or
hydraulic
jack,
(ii)
use
rubber
electrical
gloves,
insulated
wire
gloves,
insulated
wire
cutters,
life
nets
or
acetylene
cutting
units,
(iii)
operate
the
pumps
of
any
fire
vehicle
while
at
the
scene
of a
fire,
or
(iv)
enter
a
burning
structure.
(b) The
activities
of minors
under
sixteen
years of age
shall be
limited to:
(1)
Training.
(2)
First
aid.
(3)
Clean-up
service
at the
scene of
a fire,
outside
the
structure,
after
the fire
has been
declared
by the
fire
official
in
charge
to be
under
control.
(4)
Coffee
wagon
and food
services.
(c) In no
case,
however,
shall minors
under
sixteen
years of age
be permitted
to:
(1) Operate
high
pressure
hose lines,
except
during
training
activities;
(2)
Ascend
ladders,
except
during
training
activities;
or
(3)
Enter a
burning
structure.
(d) All
other
activities
by minors
who are
members of a
volunteer
fire company
or a
volunteer
forest fire
crewman
shall be
permissible
unless
specifically
prohibited
by this act.
(e) No rule
or
regulation
of any State
agency
concerning
minor
volunteer
firemen
shall be
adopted or
promulgated
except by
amendment to
this act.
(f) All
other
existing
provisions
of this act
and the
regulations
promulgated
thereunder
affecting
the
employment
of minors
shall be
applicable
in all
cases,
including
the
requirements
for
employment
certificates
and the
limitations
on hours of
employment:
Provided,
That a minor
sixteen or
seventeen
years of age
who is a
member of a
volunteer
fire company
who answers
a fire call
while
lawfully
employed and
continues in
such service
until
excused by
the one
acting as
chief of
that fire
company
shall not be
considered
in violation
of this act
for any part
of the
period so
occupied:
And further
provided,
That a minor
who is
fourteen or
fifteen
years of
age, who is
a member of
a volunteer
fire company
and who
performs the
training or
fire-fighting
activities
permitted
for such
minor under
the
provisions
of this act
between the
hours of
seven
o'clock in
the evening
and ten
o'clock in
the evening
before a day
of school
with written
parental
consent
shall not be
considered
in violation
of this act.
(g) Any
minor who is
a member of
a volunteer
ambulance
corps or
rescue squad
may
participate
in training
and any
other
activity as
provided by
regulations
adopted by
the
Department
of Labor and
Industry but
in any case,
drivers of
all
ambulances
or other
official
ambulance
corps or
rescue squad
vehicles
must be
eighteen
years of
age.
(7.3 amended
Dec. 21,
1998, P.L.
1242, No.
158)
Section 7.4.
No minor under
fourteen years
of age may be
employed on a
farm by a person
other than the
farmer.
(7.4 added
Oct. 4,
1989, P.L.
584, No. 62)
Section 8.
(a) Before any
minor under
eighteen years
of age shall be
employed,
permitted or
suffered to work
in, about, or in
connection with,
any
establishment,
or in any
occupation, the
person employing
such minor shall
procure and keep
on file, and
accessible to
any attendance
officer, deputy
factory
inspector, or
other authorized
inspector or
officer charged
with the
enforcement of
this act, an
employment
certificate as
hereinafter
provided, issued
for said minor.
(b) Any
minor who
has reached
the age of
sixteen may
receive a
transferable
work permit
instead of
an
employment
certificate
from the
appropriate
issuing
official.
All
transferable
work permits
shall be
valid for
the entire
period the
minor is
eligible for
work and is
under the
age of
eighteen.
The employer
shall ensure
that the
minors have
valid
transferable
work permits
in
accordance
with
sections 17
and 17.1.
(8 amended
Dec. 21,
1998, P.L.
1908, No.
192)
Section 9.
Employment
certificates
shall be issued
only by the
following
officials, for
children
residing within
their respective
public school
districts: In
public school
districts having
a district
superintendent
or supervising
principal, by
such
superintendent
or supervising
principal; in
school districts
having no
district
superintendent
or supervising
principal, by
the secretary of
the board of
school directors
of that
district:
Provided, That
any district
superintendent,
supervising
principal, or
secretary of the
board of school
directors,
hereby
authorized to
issue such
certificates or
transferable
work permits,
may authorize
and deputize, in
writing, any
other school
official to act
in his stead for
the purpose of
issuing such
certificates.
(9 amended
Dec. 21,
1998, P.L.
1908, No.
192)
Section 10.
Application for
the employment
certificate must
be made by the
parent,
guardian, or
legal custodian
of the minor for
whom such
employment
certificate or
transferable
work permit is
requested; or,
if said minor
have no parent,
guardian, or
legal custodian,
then by the next
friend, who must
be over eighteen
years of age. In
lieu of the
personal
appearance of
the parent,
guardian, legal
custodian, or
next friend of
the minor, such
person may
execute a
statement before
a notary public
or other person
authorized to
administer oaths
attesting to the
accuracy of the
facts set forth
in the
application on a
form prescribed
by the
Department of
Education, which
statement shall
be attached to
the application.
No employment
certificate
shall be issued
until the said
minor has
personally
appeared before,
and been
examined by, the
officer issuing
the certificate,
except that
where the
applicant is a
graduate of an
accredited high
school and
exhibits
official proof
of such
graduation, no
personal
appearance or
countersigned
application
shall be
required.
(10 amended
Dec. 21,
1998, P.L.
1908, No.
192)
Section 11.
Employment
certificates
shall be of two
classes: general
employment
certificates and
vacation
employment
certificates.
General
employment
certificates
shall entitle a
minor, sixteen
to eighteen
years of age, to
work during the
entire year.
Vacation
employment
certificates
shall entitle a
minor, twelve to
fourteen years
of age to work
as a caddy and a
minor, fourteen
to eighteen
years of age to
work, as herein
provided, on any
day, except at
such times, on
such days as
such minor is
required to
attend school,
under the
provisions of
the laws now in
force or
hereafter
enacted:
Provided,
however, That
any minor over
sixteen years of
age employed in
the
distribution,
sale, exposing
or offering for
sale, of any
newspaper,
magazine,
periodical or
other
publication,
shall not be
required to
procure an
employment
certificate or
transferable
work permit
under this act.
(11 amended
Sept. 27,
1984, P.L.
714, No.
152)
Section 12.
The official
authorized to
issue a general
or a vacation
employment
certificate or
transferable
work permit
shall not issue
such certificate
or transferable
work permit
until he has
received,
examined,
approved, and
filed the
following
papers, namely:
(a) For a
general
employment
certificate
or vacation
employment
certificate,
a statement
signed by
the
prospective
employer, or
by someone
duly
authorized
on his
behalf,
stating that
he expects
to give such
minor
present
employment,
and setting
forth the
character of
the same,
and the
number of
hours per
day and per
week which
said minor
will be
employed:
Provided,
That the
requirements
of this
subsection
are not
applicable
to
transferable
work
permits;
(b) A
certificate
of physical
fitness, as
hereinafter
provided;
(c) Proof of
age as
hereinafter
provided,
except that
when such
proof of age
is an
official
document or
record of
the
Commonwealth
or
government
of another
state or
governmental
subdivision
thereof, it
need not be
filed if the
officer
issuing the
certificate
or
transferable
work permit
shall record
such
information
as may be
necessary to
enable the
document or
record to be
located at
the place
where it is
filed. When
proof of age
is other
than an
official
document or
record of
the
Commonwealth
or
government
of another
state or
governmental
subdivision
thereof, a
photostatic
copy thereof
may be filed
in lieu of
the
original:
Provided,
however,
That such
photostatic
copy shall
be certified
to by the
officer
issuing the
employment
certificate
or
transferable
work permit.
(12 amended
Dec. 21,
1998, P.L.
1908, No.
192)
Section 13.
(13 repealed
July 19, 1935,
P.L. 1335, No.
418)
Section 14.
The certificate
of physical
fitness required
by this act
shall state that
the minor has
been thoroughly
examined by the
said examining
physician,
certified nurse
practitioner, or
certified
registered nurse
practitioner at
the time of the
application for
an employment
certificate or
within the
previous three
hundred
sixty-five days,
and is
physically
qualified for
employment
subject only to
any limitations
on duties as may
be specified by
the examiner on
the certificate.
In any case
where the said
physician,
certified nurse
practitioner, or
certified
registered nurse
practitioner
shall deem it
advisable, he
may issue a
certificate of
physical fitness
for the limited
time; at the
expiration of
which time the
holder shall
again appear,
and submit to a
new examination
before being
permitted to
continue at
work. Except as
hereinafter
provided, in a
school district
of the first,
second, or third
class the
physical
examination of a
minor provided
for by this act
shall be made by
a physician,
certified nurse
practitioner, or
certified
registered nurse
practitioner
employed by the
board of school
directors of the
school district
in which such
minor resides,
and in a
district of the
fourth class by
a physician,
certified nurse
practitioner, or
certified
registered nurse
practitioner
appointed by the
State Department
of Health and
the certificate
of physical
fitness provided
for by this act
shall be signed
by said
physician,
certified nurse
practitioner, or
certified
registered nurse
practitioner,
and no fee or
other
compensation for
such service
shall be
required to be
paid by such
minor or by his
parent or
guardian:
Provided,
however, That
any minor may,
at his own
expense, have
the physical
examination
provided for by
this act made
and the
certificate of
physical fitness
signed by his
family
physician, as
defined in
section 1401 of
the Public
School Code of
1949, and its
amendments. Any
physical
examination
required by this
act to be
accomplished as
a condition of
employment which
would be equal
to or more
comprehensive
than the
standard
examination
given by the
school
physician,
certified nurse
practitioner, or
certified
registered nurse
practitioner or
family physician
will be deemed
to meet the
requirements of
this section,
and the
certificate of
physical fitness
may be signed by
the physician
designated by
the prospective
employer to
perform such
examination. For
the purposes of
this section,
"certified nurse
practitioner"
shall mean a
certified school
nurse who is a
graduate of a
nurse
practitioner
program which
has been
approved by the
Department of
Health School
Nurse Advisory
Committee, or a
certified
registered nurse
practitioner who
has been
approved by the
State Board of
Nurse Examiners
of the
Department of
State.
(14 amended
Dec. 21,
1998, P.L.
1908, No.
192)
Section 15.
The evidence of
age required by
section twelve
of this act
shall consist of
one of the
following proofs
of age, which
shall be
required in the
order herein
designated:
(a) A duly
attested
transcript
of the birth
certificate,
filed
according to
law with a
register of
vital
statistics,
or other
officer
charged with
the duty of
recording
birth; or,
(b) A
baptismal
certificate
or
transcript
of the
record of
baptism,
duly
certified,
and showing
the date of
birth; or,
(c) A
passport
showing the
age of the
immigrant;
or,
(d) In case
none of the
aforesaid
proofs of
age shall be
obtainable,
and only in
such case,
the issuing
officer may
accept, in
lieu
thereof, any
other
documentary
record of
age (other
than a
school
record or an
affidavit of
age), or
transcript
thereof,
duly
certified,
which shall
appear to
the
satisfaction
of the
issuing
officer to
be good and
sufficient
evidence of
age; or,
(e) In case
none of the
aforesaid
proofs of
age shall be
obtainable,
and only in
such cases,
the issuing
officer may
accept, in
lieu
thereof, the
signed
statement of
the
physician,
approved by
the Board of
School
Directors,
stating
that, after
examination,
it is the
opinion of
such
physician
that the
minor has
attained the
age required
by law for
the
occupation
in which he
expects to
engage. Such
statement
shall be
accompanied
by an
affidavit,
signed by
the minor's
parent,
guardian, or
custodian,
or, in case
he shall
have no
parent,
guardian, or
custodian,
by his next
friend,
certifying
to the name,
date, and
place of
birth of the
minor, and
that the
parent,
guardian,
custodian,
or next
friend,
signing such
statement,
is unable to
produce any
of the
proofs of
age
specified in
the
preceding
subdivisions
of this
section.
Section 16.
(16 repealed
July 19, 1935,
P.L. 1335, No.
418)
Section 17.
(a) All
employers shall
require the
minor to have a
valid employment
certificate or
transferable
work permit
prior to the
commencement of
employment. A
transferable
work permit
shall remain in
the custody of
the minor.
(b) It shall
be the duty
of every
person who
shall employ
any minor
possessing a
general or
vacation
employment
certificate
to
acknowledge,
in writing,
to the
official
issuing the
same, the
receipt of
the
employment
certificate
of said
minor,
within five
days after
the
beginning of
such
employment.
On
termination
of the
employment
of any such
minor the
general
employment
certificate
or vacation
employment
certificate
issued for
such minor
shall be
returned by
mail, by the
employer, to
the official
issuing the
same,
immediately
upon demand
of the minor
for whom the
certificate
was issued,
or
otherwise,
within five
days after
termination
of said
employment.
The official
to whom said
certificate
is so
returned
shall file
said
certificate
and preserve
the same.
Any minor
whose
employment
certificate
has been
returned, as
above
provided,
shall be
entitled to
a new
employment
certificate
upon
presentation
of a
statement
from the
prospective
employer, as
hereinabove
provided.
(17 amended
Dec. 21,
1998, P.L.
1908, No.
192)
Section
17.1.
(a) Any employer
employing a
minor having a
transferable
work permit
shall, within
five days of
commencement of
such employment,
provide the
school district
issuing that
permit with the
following
information in
writing:
(1) The
permit
number.
(2) The
name and
age of
the
minor
employee
hired.
(3) The
number
of hours
per day
and week
such
minor
employee
will be
employed.
(4) The
character
of the
employment.
(b) An
employer
employing
minors
having
transferable
work permits
shall
maintain a
record of
minors at
the work
site which
contains,
for each
minor, the
name of
school
district
issuing the
permit, the
minor's
birthday,
the date of
issue of the
permit, the
permit
number, and
the
occupation
in which the
minor is
engaged. A
photocopy of
the
transferable
work permit
may be used
as a record
for the
information
contained on
that permit:
Provided,
however,
That the
employer
record the
occupation
in which the
minor is
engaged on
such
photocopy.
(c) In
addition,
upon
termination
of the
employment
of such
minor, the
employer
shall,
within five
days, notify
in writing
the issuing
school
district of
the fact
employment
has been
terminated.
(d) The
school
district
shall
maintain for
two years
the records
required to
be filed by
employers
under
subsection
(a).
(17.1
amended Dec.
2, 1998,
P.L. 1908,
No. 192)
Section 18.
(a) All
employment
certificates
shall be issued
on forms
supplied by the
Secretary of
Education, and
shall contain
the name, sex,
date, and place
of birth, place
of residence,
color of hair
and eyes, and
any
distinguishing
physical
characteristics
or physical
limitations of
the minor for
whom it shall be
issued. It shall
certify that the
minor named has
personally
appeared before
the issuing
officer, and has
been examined;
and that all the
papers required
by law have been
duly examined,
approved and
filed; and that
all the
conditions and
requirements for
issuing an
employment
certificate have
been fulfilled.
Every
certificate
shall be signed,
in the presence
of the issuing
officer, by the
minor for whom
it shall be
issued. The
certificate
shall bear a
number, shall
show the date of
its issue, and
shall be signed
by the issuing
officer.
Vacation
employment
certificates
shall be of a
color different
from the general
employment
certificates,
and shall bear
across their
face the legend
"Vacation
Employment
Certificate."
(b) All
transferable
work permits
shall be issued
on wallet sized
forms supplied
by the Secretary
of Education and
shall state the
name, sex, date
and place of
birth, place of
residence, color
of hair and
eyes, and any
distinguishing
physical
characteristics
or physical
limitations of
the minor for
whom it shall be
issued. It shall
certify that the
minor named has
personally
appeared before
the issuing
officer and has
been examined;
and that all the
papers required
by law have been
duly examined,
approved and
filed; and that
all the
conditions and
requirements for
issuing a
transferable
work permit have
been fulfilled.
Every
transferable
work permit
shall be signed,
in the presence
of the issuing
officer, by the
minor for whom
it shall be
issued. The
transferable
work permit
shall bear a
number, shall
show the date of
its issue and
shall be signed
by the issuing
officer.
Transferable
work permits
shall be of a
color different
from general and
vacation
employment
certificates and
shall bear
across their
face the legend
"Transferable
Work Permit."
(18 amended
Dec. 21,
1998, P.L.
1908., No.
192)
Section
18.1.
The Department
of Labor and
Industry shall
have the power
to prescribe
rules and
regulations to
carry out the
intent of this
act. Such rules
and regulations
shall be
approved by the
Industrial
Board.
(18.1 added
Aug. 23,
1961, P.L.
1107, No.
494)
Compiler's
Note:
The act of
June 30,
1998, P.L.
475, No. 80
repealed
this section
insofar as
it is
inconsistent
with that
act.
Section 19.
(19 repealed
July 19, 1935,
P.L. 1335, No.
418)
Section 20.
Whenever the
State
Superintendent
of Public
Instruction
cannot secure
effective
enforcement of
the foregoing
provisions of
this act, in any
school district,
he is hereby
authorized and
required to
secure such
enforcement by
appointing
attendance
officers in such
districts. The
salary and
expenses of such
attendance
officers shall
be a charge
against said
district where
said attendance
officers are
actually
employed, and
shall be
deducted from
any State moneys
apportioned to
said district
for school
purposes.
(20 amended
Aug. 13,
1963, P.L.
688, No.
366)
Section 21.
It shall be the
duty of every
person who shall
employ any
minor, under the
age of eighteen
years, to post
and keep posted,
in a conspicuous
place in every
establishment
wherein said
minor is
employed,
permitted or
suffered to
work, a printed
abstract of the
sections of this
act relating to
the hours of
labor, and a
list or lists of
all minors
employed under
the age of
eighteen years
and a schedule
of the hours of
labor of such
minors. The
schedule of
hours of labor
herein required
shall contain
the name of the
minor employed
or permitted to
work, the
maximum number
of hours such
minor shall be
required or
permitted to
work on each day
of the week with
the total for
the week, the
hours for
commencing and
stopping work,
and the hours
when the time
allowed for
meals shall
begin and end
for each day of
the week. Such
minor may begin
work after the
time for
beginning and
stop before the
time for ending
work stated in
such schedule,
but he shall not
otherwise be
employed or
permitted to
work in or in
connection with
any
establishment
except as stated
in such
schedule:
Provided,
however, That in
the case of
messengers
employed by
telegraph
companies, such
schedule may be
varied in
accordance with
business on hand
so long as a
minor is not
employed a
greater number
of hours per day
or per week than
permitted by
this act. Such
copies of the
abstracts of
this act and
blanks for
compliance with
its provisions
shall be
prepared by the
Department of
Labor and
Industry, and be
furnished by it
on application
of such
employer. Every
person employing
minors under
eighteen years
of age shall
furnish the
employment
certificates or
transferable
work permits and
lists provided
for in this act,
for inspection,
to attendance
officers,
factory
inspectors, or
other authorized
inspectors or
officers charged
with the
enforcement of
this act.
(21 amended
Sept. 27,
1984, P.L.
714, No.
152)
Section 22.
Whenever any
minor shall be
employed or
permitted to
work in any
establishment or
at any
occupation, who,
in the judgment
of any officer
charged with the
enforcement of
this act, is
under the legal
age for such
work, or is
working at a
time forbidden
by law for such
minor; or
whenever any
minor shall be
employed or
permitted to
work in, or in
connection with,
any
establishment,
who, in the
judgment of any
officer charged
with the
enforcement of
this act, is
under eighteen
years of age,
and for whom the
person employing
or permitting
such minor to
work shall not
have on file an
employment
certificate or
transferable
work permit;
such officer may
demand from the
person employing
or permitting
such minor to
work that he
shall either
furnish to such
officer, within
ten days,
evidence of age,
as defined in
section fifteen
of this act,
that such minor
is in fact of
legal age for
the work in
which he is
engaged, or
over, or
eighteen years
of age or over,
as the case
shall be, or
shall cease to
employ or permit
such minor to
work as
aforesaid:
Provided, That
such person, by
thus ceasing to
employ or permit
such minor to
work, shall not
be relieved from
any of the fines
or penalties
provided in this
act for the
employment or
work of a minor
contrary to law.
In case such
person shall
fail to furnish
to said officer,
within ten days
after the making
of such demand,
the required
evidence of age,
and shall
thereafter
employ such
minor or permit
him to work as
aforesaid, proof
of the making of
such demand and
of failure to
produce the
evidence
required shall
be prima facie
evidence of the
illegal
employment of
such minor, in
any prosecution
brought
therefore.
(22 amended
Sept. 27,
1984, P.L.
714, No.
152)
Section 23.
Any person, or
any agent or
manager for any
person, who
shall violate
any of the
provisions of
this act, or who
shall compel or
permit any minor
to violate any
of the
provisions of
this act, or who
shall hinder or
delay any
officer in the
performance of
his duty in the
enforcement of
this act, shall,
upon conviction
thereof, be
sentenced to pay
a fine, for a
first offense,
of not less than
two hundred
($200.00)
dollars nor more
than four
hundred
($400.00)
dollars, and, on
a subsequent
offense, to pay
a fine of not
less than seven
hundred fifty
($750.00)
dollars nor more
than one
thousand five
hundred
($1,500.00)
dollars, or to
undergo an
imprisonment of
not more than
ten days, or
both, at the
discretion of
the court.
(23 amended
Dec. 15,
1999, P.L.
946, No. 67)
Section 24.
It shall be the
duty of the
Secretary of
Labor and
Industry, the
chief school
administrators,
home and school
visitors,
attendance
officers, and
secretaries of
boards of school
directors of the
various school
districts or
joint school
systems, and the
police of the
various cities,
boroughs, and
townships of
this
Commonwealth, to
enforce the
provisions of
this act.
Prosecutions for
violations of
this act may be
instituted by
any duly
authorized
representative
of the
Department of
Labor and
Industry, chief
school
administrator,
home school
visitor,
attendance
officer,
secretary of a
board of school
directors, or
police officer,
upon oath or
affirmation. All
prosecutions for
violations of
this act shall
be in the form
of summary
criminal
proceedings,
instituted
before a
magistrate,
alderman, or
justice of the
peace within the
county wherein
the offense was
committed. Upon
conviction,
after a hearing,
the sentences
provided in this
act shall be
imposed. All
fines collected
under this act
shall be paid
into the State
Treasury, for
the use of the
Commonwealth.
(24 amended
Aug. 23,
1961, P.L.
1107, No.
494)
Section
24.1.
This act shall
be known and may
be cited as the
"Child Labor
Law."
(24.1 added
Aug. 23,
1961, P.L.
1107, No.
494)
Section 25.
All acts and
parts of acts
inconsistent
herewith be, and
the same are
hereby,
repealed.
Section 26.
This act shall
take effect on
the first day of
January, Anno
Domini nineteen
hundred and
sixteen (1916)
A-177 REV
6-01
