Current through Register Vol. 63, No. 9, September 1, 2024
(1) An
employer may not employ any minor to work in the State of Oregon, except under
the following conditions:
(a) Where a
sanitary and safe work area is provided;
(b) Where adequate lighting is
provided;
(c) Where adequate
ventilation is provided;
(d) Where
adequate washrooms are provided;
(e) Where adequate toilet facilities are
provided;
(f) Where the employer is
in full compliance with provisions of ORS Chapter 654 (The Oregon Safe
Employment Act) and the rules and regulations promulgated thereunder. For the
purposes of this rule, the compliance status of the employer is determined by
the Occupational Safety and Health Division of the Department of Consumer and
Business Services;
(g) Where the
employer is in full compliance with the provisions of the following statutes
relating to the payment of wages:
(A) ORS
652.110 to
652.190;
(B) ORS
652.610;
(C) ORS
653.010 to
653.265;
(D) ORS
279.348 to
279.365;
(E)
Title 29, U.S.C.,
201, et seq. (Federal Fair Labor Standards
Act);
(F)
Title 40, U.S.C.,
276a. (Davis-Bacon Act);
(G)
Title 41, U.S.C.,
351, et seq. (Service Contract
Act).
(2)
When the following facilities are provided, an employer may not employ any
minor to work in the State of Oregon unless:
(a) The rest rooms provided are
adequate;
(b) The dressing rooms
provided are adequate;
(c) The
lunch rooms provided are adequate;
(d) The cot or stretcher provided for use in
illnesses, accidents, or other emergencies is adequate.
(3) Upon expiration of ten days after receipt
of notice and recommendations of the appropriate governmental agency with
respect to temperature and humidity conditions or within such further time
after receipt of the notice as may be prescribed by the Bureau, an employer may
not employ any minor without complying with the recommendations.
(4) Every employer must provide to each minor
when required by the nature of the work, "suitable seats," "suitable tables,"
and "suitable work benches":
(a) "Suitable
seats" means convenient, comfortable and safe seats where the work is such that
minors may sit while working. "Suitable seats" in cannery occupations means one
for every three minors who work in or on inspection tables and inspection
belts;
(b) "Suitable tables" and
"suitable work benches" mean tables and work benches so constructed as to give
the greatest possible comfort and convenience to minors where the nature of the
work and the safety and convenience of the minor requires a bench or
table.
(5) An employer
may not require a minor to report for work without providing adequate work to
earn a reasonable compensation, or paying to such minor a reasonable
compensation in lieu thereof. As used in this paragraph:
(a) "Adequate work" means sufficient work to
earn at least one-half the amount the minor would have earned at the minor's
regular rate had the minor worked the hours that the minor and the employer
previously agreed to;
(b)
"Reasonable compensation" means the greater of:
(A) The amount the minor receives for one
hour of work at the minor's regular rate of pay; or
(B) The amount determined by multiplying the
minor's regular rate of pay by one-half the hours the minor and the employer
agreed the minor would work.
(c) An employer is not required to compensate
a minor pursuant to this rule if the employer is also required to compensate
the minor under ORS 653.455(2)(b)(A) or
(C).
(6) The provisions of section (5) of this
rule do not apply when all the following conditions are met pertaining to the
employer providing the minor notice not to report to work:
(a) The employer has a policy describing how
notice not to report to work will be given minors; and
(b) The employer posts its notice policy in a
conspicuous place frequented by employees at the worksite where the minor is
employed; and
(c) The employer
communicates this policy to the minor prior to the minor's first day of work;
and
(d) The employer makes a good
faith attempt to follow its policy so as to give the minor notice before the
minor must leave home to travel to work; or
(7) When circumstances beyond the employer's
control prevent the performance of the work the minor was to perform during the
hours the minor had agreed to or was scheduled to work. Such circumstances
include, but are not limited to, acts of nature (e.g., snowstorms, flooding),
emergencies (e.g., fires, power outages), and unforeseeable equipment
failures.
(8) The employer has the
burden to maintain records sufficient to resolve any dispute arising under
section (5) of this rule concerning the hours the minor agreed to or was
scheduled to work.
Publications: Publications referenced are available from the
agency.
Statutory/Other Authority: ORS
651.060(4)
& 653.261
Statutes/Other Implemented: ORS 653
