Arkansas Administrative Code
Agency 010 - Department of Labor
Division 14 - Labor Standards Division
Rule 010.14.18-001 - Amendemnts to the Child Labor Rules, The Entertainment Industry
Universal Citation: AR Admin Rules 010.14.18-001
Current through Register Vol. 49, No. 9, September, 2024
THE ENTERTAINMENT INDUSTRY
010.14-311 Definitions
As used in this section:
(1) "Child" means any minor under sixteen
(16) years of age;
(2) "Department"
means the Arkansas Department of Labor;
(3) "Director" means the Director of the
Arkansas Department of Labor;
(4)
"Employ" means to use the services of an individual in any remunerative
occupation;
(5) "Employer" means
any individual, company, firm, partnership, association, or corporation
employing or seeking to employ a child in the entertainment industry;
(6) "Entertainment Industry" means any
individual, partnership, corporation, association, or group of persons using
the services of a child in motion picture productions, television or radio
productions, theatrical productions, modeling productions, horse shows, rodeos,
and musical performances;
(7)
"Guardian" means an individual who legally has the care and management of the
person and the estate of a child during its minority;
(8) "Nurse" means any licensed RN or
LPN;
(9) "Special effects person"
means an individual qualified by training and experience in the planning,
setting up and performance of the type of special effect involved;
and
(10) "Stunt coordinator" means
an individual qualified by training and experience in the planning, setting up
and performance of and type of stunt involved.
010.14-312 Entertainment Work Permit
(a)
(1) No child may be employed in the
entertainment industry without an Entertainment Work Permit issued by the
Director.
(2) No Entertainment Work
Permit will be issued without the following:
(A) an application for an Entertainment Work
Permit on a form provided by the Director;
(B) one of the following as proof of age;
(i) birth certificate.
(ii) record of baptism or
confirmation.
(iii) passport or
certificate of arrival in the U.S.
(iv) insurance policy at least one (1) year
old.
(v) a bona fide contemporary
record of birth in the family bible.
(vi) certified school record;
(C) the written consent of the
child's parent or guardian for the issuance of the Entertainment Work
Permit:
(D) a written statement
from the school in which the child is enrolled as to the academic standing of
the child, the advisability of allowing the child to work, and the arrangements
for meeting the state's compulsory attendance law, unless:
(i) the child is not enrolled in school
(children ages 7 through 16 inclusive must be enrolled in school), or
(ii) the child will not be employed during a
time school is in session; (Parents of home-schooled children may provide his
information upon verification that the child is enrolled in home
school);
(E) a written
statement from the employer as to:
(i) the
length of time, including dates and hours, the child will be employed;
(ii) the child's rate of
pay;
(F) a written
statement from a doctor licensed to practice medicine in the State of Arkansas
as to the health of any child under six (6) years of age and the advisability
of allowing the child to work. If the child is not a resident of Arkansas, a
written statement from a doctor licensed to practice medicine in the state of
the child's residence may be submitted;
(G) proof of workers compensation coverage or
insurance coverage as required by Rule
010.14 -314.
(b) The Director may refuse to
issue an Entertainment Work Permit or may suspend or revoke any Entertainment
Work Permit for cause, which includes, but is not limited to finding that any
of the following conditions exist:
(1) that
the child, the child's parent or guardian, or the employer has knowingly
submitted false information to the Department in application of an
Entertainment Work Permit;
(2) that
the child, the child's parent or guardian, or the employer has violated any
provisions of Ark. Code Ann. §§
11-12-101
et seq. or any rules lawfully promulgated
thereunder;
(3) that the work for
which an application of an Entertainment Work Permit is sought is hazardous or
detrimental to the health, safety, morals, education or welfare of the
child;
(4) that the child is
lawfully removed from the custody of the parent or guardian who consented to
the issuance of the Entertainment Work Permit.
(c) No child under the age of fifteen (15)
days shall be issued an Entertainment Work Permit.
(d) An Entertainment Work Permit shall be
issued for the period designated on the face of the permit, not to exceed six
(6) months. Application renewal must be made in the same manner and under the
same conditions as the original permit.
(e) Prior to the issuance of the
Entertainment Work Permit, the Director may require a physical examination of
the child to ensure that the child's physical condition permits the minor to
perform the work or activity called for by the application for an Entertainment
Work Permit without danger to the child's health, safety or welfare. The
Director may require a personal interview with the child, the parent or
guardian, or the employer for the same purpose.
010.14-313 Hours and Rest Time
(a) No child shall be permitted at the place
of employment, except in compliance with the following:
(1) Children who have reached the age of
fifteen (15) days, but have not reached the age of six (6) months, may be at
the place of employment for a maximum of two (2) hours between the hours of
9:00 A.M. and 4:30 P.M. The day's work shall not exceed twenty (20) minutes,
and under no circumstances shall the child be exposed to bright lights for more
than thirty (30) seconds at any one time. When children under six (6) weeks of
age are used, a nurse must be provided for each three children or fraction
thereof. When children from age six (6) weeks to age six (6) months are used,
one nurse must be provided for each ten (10) children or fraction
thereof.
(2) Children who have
reached the age of six (6) months, but have not reached the age of two (2)
years may be at the place of employment for a maximum of four (4) hours per
workday, with two (2) hours for work and two (2) hours for rest and
recreation.
(3) Children who have
reached the age of two (2) years, but have not reached the age of six (6) years
may be at the place of employment for a maximum of six (6) hours per workday,
with three (3) hours for work and three (3) hours for rest and
recreation.
(4) Children who have
reached the age of six (6) years, but have not reached the age of nine (9)
years may be at the place of employment a maximum of eight (8) hours per
workday. Such eight (8) hour period shall consist of not more than four (4)
hours of work, with four (4) hours for school, rest and recreation.
(5) Children who have reached the age of nine
(9) years, but have not reached the age of sixteen (16) years may be at the
place of employment a maximum of nine (9) hours per workday. Such nine (9) hour
period shall consist of not more than five (5) hours of work, with four (4)
hours for school, rest and recreation.
(6) On days when school is not in session,
school age children may work an additional two (2) hours per day.
(7) On all days, school age children must
have at least one (1) hour of rest and recreation.
(8) In cases involving a studio teacher, by
prior arrangement with the teacher, up to two (2) hours of school may be banked
(stored) to offset additional work hours on other days. There must be at least
one (1) hour of school on each day the child's regular school is in
session.
(b) No child
shall be required to report for work before 5:00 A.M. No child shall be at the
place of employment later than 10:00 P.M. The 10:00 P.M. restriction may be
extended to 12:30 A.M. on nights preceding non-school days. Special requests
for a child to work other hours may be granted by the Director for night
exteriors shot as exteriors and live television, musical or theatrical
performances or for other reasons. Each such request must be submitted in
writing at least two (2) working days prior to the time needed.
(c) With the exception of children under six
(6) months of age, all of the hours in which a child may be at the place of
employment are exclusive of meal periods, which must be of at least one-half
(1/2) hour, and no more than one (1) hour duration. In no event may a child be
at the place of employment for a period longer than six (6) hours without a
meal break.
(d) A child shall
receive a twelve (12) hour rest break at the end of his or her workday and
prior to the commencement of his or her next day of work for the same
employment. Special requests for a child to receive a ten (10) hour rest break
may be granted by the Director for one-time performances, provided such
requests are submitted in writing at least two (2) working days prior to the
time needed.
(e) The time spent by
children in rehearsals and in learning or practicing any of the arts, such as
singing or dancing, for or under the direction of a motion picture studio,
theater, or television studio, shall be counted as work time when such learning
or practicing is connected with or is in contemplation of particular pictures
or shows.
(f) School age children
may not be employed in violation of any state or local school attendance
requirements applicable to the child.
010.14-314 Insurance
(a) An Entertainment Work Permit will not be
issued unless provision is made by the employer to provide workers compensation
coverage or insurance for injury or death caused by an accident when the
accident hazard arises while the child is on the business of the employer or
performing activities required by the employer. If insurance apart from workers
compensation is provided, the schedule of benefits will be as follows:
(1) At least fifty thousand dollars ($50,000)
for accidental death, and this sum shall be reasonably and equitably prorated
for dismemberment: and
(2) Blanket
medical coverage for all hospital and medical expenses up to twenty-five
thousand dollars ($25,000) and this hospital and medical expense protection
shall be excess insurance coverage or indemnity over and above any other
collectable insurance.
010.14-315 Safety and Supervision
(a) The parent or guardian
of a child must be present at all times the child is at the place of
employment, and will accompany the child to wardrobe, makeup, hairdressing and
dressing room facilities. The parent or guardian may designate an individual,
other than an agent of the employer, to accompany the child during times the
child is at the place of employment, provided the designation is made in
writing, signed by the parent or guardian, and presented to the employer prior
to the child's scheduled work. A copy of the written designation must be
immediately mailed by the employer to the Arkansas Department of
Labor.
(b) The employer must
designate one individual on each set, stage, or other place of employment to
coordinate all matters relating to the welfare of children, and shall notify
the parent or guardian of each child of the name of such individual.
(c) A child must be provided a suitable place
to rest or play. Under no circumstances will a car, van or truck constitute a
suitable place to rest or play. However, this prohibition does not include
recreational vehicles and mobile homes or trailers fully equipped for the
comfort and safety of the child.
(d) No child shall be required to work in a
situation which places the child in clear and present danger to life or limb.
If a child believes he or she to be in such a dangerous situation after having
discussed the matter with his or her parent or guardian and the employer or
stunt coordinator, then the child shall not be required to perform in such
situation, regardless of the validity or reasonableness of his or her
belief.
(e) No child shall be
required to work with an animal which a reasonable person would regard as
dangerous in the circumstances, unless an animal trainer or handler qualified
by training and experience is present.
(f) Where scripted or unscripted stunts or
other potentially hazardous activity involve a child, a stunt coordinator shall
be engaged and present. No child shall be required to perform a stunt without
prior consultation between the child, the child's parent or guardian, and the
stunt coordinator.
(g) The prior
written consent of the child's parent or guardian must be obtained for the
performance of any unusual physical, athletic or acrobatic activity, stunts,
work involving special effects, or other potentially hazardous
activity.
(h) When any unusual
physical, athletic or acrobatic activity, stunts, special effects, or other
potentially hazardous activity involving a child is contemplated, the employer
shall have available a person qualified to administer medical assistance on an
emergency basis and transportation to the nearest medical facility providing
emergency services. First-aid kits shall always be available at a child's place
of employment.
(i) No child shall
work in close proximity to explosives or the functioning parts of unguarded and
dangerous moving equipment, aircraft or vessels, or of functioning blades or
propellers.
010.14-316 Schooling
An Entertainment Work Permit does not authorize a child to be absent from school in violation of the requirements of state law or administrative rules or policies of the State Board of Education, the Arkansas Department of Education, or the local School Board.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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