Ga. Comp. R. & Regs. 300-7-1-.03

Current through Rules and Regulations filed through October 29, 2024
Rule 300-7-1-.03 - Employment of a Minor
(1)General.
(a) It is the responsibility of the Employing Unit to ensure compliance with the Official Code of Georgia Annotated and Official Rules and Regulations of the State of Georgia with regard to Minors in entertainment.
(b) The Employing Unit must be issued an approved Employing Unit Certification and Certification Number by the Department before it can employ or otherwise utilize a Minor in a Production.
(c) The Employing Unit must have an approved Location prior to having the Certified Minor perform in the Production.
(d) No Minor may perform in a Production scene until such Minor has been issued an approved Minor Certification by the Department and the Employing Unit has verified that the Minor Certification is valid and in good standing.
(e) Infants between birth to fifteen (15) days of age are NOT allowed to work in a Production.
(2)Hours of Performance.
(a) The Hours of Performance for all Minors fifteen (15) days of age or older shall be in accordance with the Department Form "Schedule of Hours of Performance".
(b) For the purposes of computing Hours of Performance, a Minor will be considered at the Location commencing with the Minor's sign-in on the Employing Unit's Hours of Performance Log at the Location until the Minor is allowed to leave the Location by the Employing Unit. In the alternative, the Employing Unit may use its time sheets maintained for the purposes of payroll. If time sheets are used in lieu of the Department's Performance Log, a copy of such time sheets must be retained at the Location.
(c) Meal periods are not work time. Meal time may be scheduled at the end of the day as long as the first meal is within six (6) hours of start time and subsequent meals are no more than seven (7) hours after the start of the previous meal period.
(d) No work day shall start earlier than 5:00 A.M.
(e) No Minor shall work more than six (6) consecutive days.
(3)Travel Time for Minors Employed in the Entertainment Industry.
(a) Except for the initial forty-five (45) minutes of travel time from lodging to Location, all time spent by the Minor in traveling to participate in the production shall count as the Minor's Location Time.
(4)Extended Hours.
(a) A request may be made to the Commissioner for permission for the Minor to work earlier or later than approved hours. Each request shall be submitted in writing at least twenty-four (24) hours prior to the time needed along with a written consent of the Representative of the Minor. If approved, the Commissioner shall issue an Exemption Certification.
(5)School Days.
(a) When any Minor between ages four (4) and eighteen (18) works during school hours, twelve (12) hours must elapse between the Minor's time of dismissal and time of call on the following day; or if the Minor is not working the next day, the start of the Minor's regular school day. If the Minor is employed for the following day and the Minor's regular school day starts less than twelve (12) hours after the Minor's dismissal time, the Minor must be offered instruction by the Production Company and, if requested, such instruction must be provided to the Minor the next day
(6)Supervision of Minor.
(a) No Minor may be sent to wardrobe, makeup, hairdressing or employed in any manner unless under the general supervision of the Child Labor Coordinator or Representative of the Minor.
(b) If the Minor is dismissed early and is not to be picked up at dismissal, the Minor shall be under the supervision of a Child Labor Coordinator until picked up.
(c) All Minors must have a Representative of the Minor present at all times when the Minor is at the Location, including all times the Minor is in wardrobe, make-up, or dress.
(d) If the Representative of the Minor is unable to be in attendance, the Minor shall not Perform; provided, however, that the Minor may perform if the Representative of the Minor provides written consent to the Child Labor Coordinator and the Child Labor Coordinator agrees in writing to assume the responsibility for the safety and well-being of the Minor.
(e) The Employing Unit must retain the Representative of the Minor's written permission to be responsible for the Minor during the Production.
(7)Medical Care and Safety.
(a) Prior to a Minor's first call, the Employing Unit must obtain the written consent of the Representative of the Minor for medical care in the case of any emergency. However, if the Representative of the Minor refuses to provide such consent due to religious beliefs, the Employing Unit must at least obtain written consent for external emergency aid, provided such consent is not contrary to the aforementioned religious beliefs.
(b) When atmospheric smoke is utilized at the Location, the Employing Unit must comply with the standards set forth on the Department Form, "Minors and Atmospheric Smoke: Acceptable Standards", including listing compounds being used.
(c) Medical personnel retained by the Employing Unit to provide medical care to a Minor must be licensed to provide such care by the appropriate professional licensing authority and in good standing.
(8)Hazardous, Unlawful or Unacceptable Activity.
(a) A Minor in any Production shall not be allowed to work in any Location deemed hazardous by the Department under Official Rules and Regulations of the State of Georgia, by the appropriate state or federal agency, or certified police, fire and rescue personnel.
(b) No Minor shall be required to work in a situation that places the Minor in a clear and present danger to life and/or limb.
(c) Emergency medical personnel must be on site when there is reasonable risk of harm to the minor at the Location which may require medical attention.
(d) No Minor between fifteen (15) days of age to six (6) months of age shall be exposed to light exceeding 100 foot-candles for more than thirty (30) seconds at a time
(e) No minor between fifteen (15) days and two (2) years of age may be exposed to atmospheric smoke.
(f) A Minor shall not be required, coerced, or otherwise permitted to pose nude or perform acts which are sexually explicit as defined by the Georgia Criminal Code.
(g) No Minor shall be present on a set while adults are posing nude or performing acts which are sexually explicit as defined by the Georgia Criminal Code.
(h) The aforementioned prohibitions shall not be waived by the Representative of the Minor.

Ga. Comp. R. & Regs. R. 300-7-1-.03

O.C.G.A. §§ 39-2-18, 39-2-19.

Original Rule entitled "Age Restriction" was filed on May 22, 1980; effective June 11, 1980.
Amended: Rule repealed and a new Rule entitled "Notification Requirements" adopted. Filed July 21, 1988; effective August 10, 1988.
Amended: F. Dec. 11, 2014; eff. Dec. 31, 2014.
Repealed: New Rule entitled "Employment of a Minor. New" adopted. F. Dec. 14, 2017; eff. Jan. 3, 2018.
Repealed: New Rule entitled "Employment of a Minor" adopted. F. Jan. 10, 2020; eff. Jan. 30, 2020.