S.C. Code Regs. § § 71-3106

Current through Register Vol. 48, No. 10, October 25, 2024

Section 71-3106 - Employment of Minors Between 14 and 16 Years of Age

(a) The employment of minors fourteen and fifteen years of age in the occupation, for the periods, and under the conditions hereafter specified does not interfere with their schooling or with their health and well-being and shall not be deemed to be oppressive child labor.

(b) In all occupations covered by this subpart the employment (including suffering or permitting to work) by an employer of minor employees fourteen and fifteen years of age shall be confined to the following periods:

(1) Outside school hours;

(2) Not more than 40 hours in any one week when school is not in session;

(3) Not more than 18 hours in any one week when school is in session;

(4) Not more than 8 hours in any one day when school is not in session;

(5) Not more than 3 hours in any one day when school is in session; and

(6) Between 7 a.m. and 7 p.m. in any one day, except during the period of summer break of the school district in which the minor resides, when the evening hour will be 9 p.m.

(c) Permitted occupations for minors fourteen and fifteen years employed by retail, food service, and gasoline service establishments include:

(1) Office and clerical work, including the operation of office machines;

(2) Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and comparative shopping;

(3) Price marking and tagging by hand or by machine, assembling orders, packing and shelving;

(4) Bagging and carrying out customers' orders;

(5) Errand and delivery work by foot, bicycle, and public transportation;

(6) Clean up work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds, but not including the use of power-driven mowers, or cutters;

(7) Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of such work, such as but not limited to, dish-washers, toasters, dumb-waiters, popcorn poppers, milk shake blenders, coffee grinders, automatic coffee machines, devices used to maintain the temperature of prepared foods (such as warmers, steam tables, and heat lamps), and microwave ovens that are used only to warm prepared food and do not have the capacity to warm above 140 degrees Fahrenheit. Minors are permitted to clean kitchen equipment (not otherwise prohibited), remove oil or grease filters, pour oil or grease through filters, and move receptacles containing hot grease or hot oil, but only when the equipment, surfaces, containers, and liquids do not exceed a temperature of 100 degrees Fahrenheit;

(8) Work in connection with cars and trucks if confined to the following: Dispensing gasoline and oil; courtesy service; car cleaning, washing and polishing; and other occupations permitted by this section, but not including work involving the use of pits, racks, or lifting apparatus, or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring; and

(9) Cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing and stocking goods when performed in areas physically separate from those where the work described in paragraph (d)(12) of this section is performed.

(d) Occupations which are not permitted for minors fourteen and fifteen years of age include:

(1) Manufacturing, mining, or processing occupations, including occupations requiring the performance of any duties in work rooms or work places where goods are manufactured, mined, or otherwise processed, except those occupations permitted by paragraph (c) of this section;

(2) Occupations which involve the operation or tending of hoisting apparatus or of any power-driven machinery other than office machines;

(3) The operation of motor vehicles or service as helpers on such vehicles;

(4) Public messenger service;

(5) Occupations which the Director of the Department of Labor, Licensing and Regulation may find and declare to be hazardous for the employment of minors sixteen and seventeen years of age or detrimental to their health or well-being;

(6) Occupations in connection with:

(a) Transportation of persons or property by rail, highway, air, water, pipeline, or other means;

(b) Warehousing and storage;

(c) Communications and public utilities;

(d) Construction (including demolition and repair);

except such office (including ticket office) work, or sales work, in connection with paragraphs (6)(a), (b), (c), and (d) of this section, as does not involve the performance of any duties on trains, motor vehicles, aircraft, vessels, or other media of transportation or at the actual site of construction operations;

(7) Work performed in or about boiler or engine rooms;

(8) Work in connection with maintenance or repair of the establishment, machines or equipment;

(9) Outside window washing that involves working from window sills, and all work requiring the use of ladders, scaffolds, or their substitutes;

(10) Cooking and baking except:

(a) Cooking is permitted with electric or gas grills which does not involve cooking over an open flame (Note: this provision does not authorize cooking with equipment such as rotisseries, broilers, pressurized equipment including fryolators, and cooking devices that operate at extremely high temperatures such as "Neico broilers"); and

(b) Cooking is permitted with deep fryers that are equipped with and utilize a device which automatically lowers the baskets into the hot oil or grease and automatically raises the baskets from the hot oil or grease;

(11) Occupations which involve operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers, and cutters, and bakery-type mixers;

(12) Work in freezers and meat coolers and all work in the preparation of meats for sale except as described in paragraph (c)(9) of this section;

(13) Loading and unloading goods to and from trucks, railroad cars, or conveyors;

(14) All occupations in warehouses except office and clerical work.

(e) This section shall not apply to any Work Experience or Career Exploration Program approved by the Administrator of the Wage and Hour Division of the United States Department of Labor. The South Carolina Department of Labor will not make separate determinations concerning such programs. See 29 CFR Section 570.35(a).

S.C. Code Regs. § 71-3106

Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 30, Issue No. 5, eff May 26, 2006.