N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 186-4.6

Current through Register Vol. 46, No. 53, December 31, 2024

Section 186-4.6 - Provision for a responsible person

(a) Every child performer under the age of 16 shall be assigned a responsible person at least 18 years of age, whose duties shall be to accompany the child throughout the work day and to monitor the child's safety and well-being. The employer shall allow the responsible person to be within sight or sound of the child at all times during the workday.

(b) Except as otherwise provided in this section, the parent or guardian shall designate the responsible person and may choose to serve as the responsible person for his or her own child under the age of 16. The parent or guardian may designate another adult at least 18 years of age, including another child performer's parent or guardian, to serve as the responsible person for the first parent's or guardian's child.

(c) If a parent or guardian fails to designate a responsible person, or a child under 16 is without a responsible person on any day, the employer shall designate a responsible person for that child. Such responsible person may be responsible for more than one child.

(d) Notwithstanding subdivisions (b) and (c) of this section, in live theater or other live performance, where it is physically impracticable for the employer to permit a responsible person designated by the parent or guardian to accompany a child under 16, the employer may either employ a responsible person for the child or provide the responsible person designated by the parent or guardian with facilities to observe and hear the child through electronic or other appropriate means, or both. Where the employer elects to employ a responsible person, the employer shall notify the parent or guardian in writing of the name of the responsible person, who may be responsible for more than one child, and shall, at the employer's election, either:

(1) obtain the written agreement of the parent or guardian, which shall not be unreasonably withheld or delayed; or

(2) provide the parent or guardian with an opportunity to object to the responsible person and provide a mechanism to timely address any reasonable objections in the best interest of the child.

(e) The responsible person shall not be assigned any duty by the employer that interferes with the responsible person's duties to the child performer(s).

(f) Notwithstanding the foregoing, when a group of children is employed under an employer certificate of group eligibility, the employer or the entity providing the group of children must provide at least one responsible person for every 20 children under the age of 16 or fraction thereof, to accompany the group throughout the work day and to monitor the children's safety and well-being. Parents or other adults over 18 years of age may serve as responsible persons for the group.

(g) Nothing in this section shall diminish the employer's responsibility to ensure the safety and well being of child performers.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 186-4.6