MANUAL FOR ISSUING OFFICERS

OF WORK PERMITS

FOR MINORS

State of Maryland

Division of Labor and Industry

Martin O’Malley

Governor

Anthony G. Brown

Lt. Governor

Thomas E. Perez

Secretary

TABLE OF CONTENTS

Instructions for Issuing Work Permits / 1
General Information / 2
Permissible Hours of Employment / 4
Areas of Employment Restricted for Minors 14 and 15 Years of Age / 5
Permissible Areas of Employment for Minors 14-15 Years of Age / 6
Occupations Forbidden Minors Under 18 Years of Age / 7
Text of the Hazardous Occupations Orders in
Nonagricultural Occupations
Manufacturing or Storage Occupations Involving Explosives (Order No. 1) / 9
Motor Vehicle Occupations (Order No. 2) / 10
Coal Mine Occupations (Order No. 3) / 11
Logging and Sawmilling Occupations (Order No. 4) / 11
Power-Driven Woodworking Machine Occupations (Order No. 5) / 12
Occupations Involving Exposure to Radioactive Substances and to Ionizing Radiations (Order No. 6) / 13
Power-Driven Hoisting Apparatus Occupations (Order No. 7) / 14
Power-Driven Metal Forming, Punching, and Shearing Machine Occupations (Order No. 8) / 15
Occupations in Connection With Mining, Other Than Coal (Order No. 9) / 17
Occupations Involving Slaughtering, Meatpacking or Processing, or Rendering (Order No. 10) / 18
Power-Driven Bakery Machine Occupation (Order No. 11) / 19
Power-Driven Paper-Products Machine Occupations (Order No. 12) / 20
Occupations Involved in the Manufacture of Brick, Tile and Kindred Products (Order No. 13) / 20
Occupations Involved in the Operation of Power-Driven Circular Saws, Band Saws, and Guillotine Shears (Order No. 14) / 20
Occupations Involved in Wrecking, Demolition, and Shipbreaking Operations (Order No. 15) / 21
Occupations in Roofing Operations (Order No. 16) / 21
Occupations in Excavation Operations Order No. 17) / 22
Definitions / 22
Student Learner / 23
Work Study / 23
Apprenticeship / 23
Wage and Hour Fact Sheet / Appendix A
Wage Payment and Collection Law / Appendix B
Sample Student Learner Agreement / Appendix C

This manual is designed to assist those persons authorized to issue work permits in determining the legality of occupations and permitted hours of work for minors 14 through 17 years of age.

For further Information, write or call:

Department of Labor, Licensing and Regulation
Division of Labor and Industry
1100 N. Eutaw Street, Room 606
Baltimore, MD 21201

(410) 767- 2239

Instructions for Issuing Work Permits

To Electronically Approve Work Permits

Go to this website: www.dllr.state.md.us; scroll down to the QUICK LINKS section and click on the link for the MINOR WORK PERMIT. Go to the section entitled: INSTRUCTIONS - ISSUING OFFICER and follow the instructions found in the section entitled: For Issuing Officers: To Approve Work Permits. These instructions are noted below.

  1. Click on "Login."
  2. Enter the system using e-mail address and password.
  3. Enter the Receipt ID into the Search text box at the top/right of the screen, and then click on the Search button.
  4. Within the Basic Search - Click on Control Number.
  5. Complete Verification Section
    Check-off Signatures
    Identify Proof of Age
    Acknowledge data matches the hard copy
    Click on the Approve button
  6. Within the Basic Search - Click on Control Number to open the newly approved Work Permit.
  7. Print/Re-print the approved Work Permit.
  8. Add your signature to the approved Work Permit.
  9. Maintain a hardcopy application on file for 3 years as required by the Division of Labor and Industry.
  10. Issue the Work Permit to the minor

1

GENERAL INFORMATION

A minor under the age of 14 may not be employed or permitted to work.

Minors 14 through 17 years of age must be issued a work permit and the employer must have this permit in his possession before the minor is permitted to work.

Certain activities are not considered employment for purposes of this law if performed outside of the prescribed school day and if the activity does not involve mining, manufacturing or hazardous occupations. These activities include:

(1) Farm work performed on a farm;

(2) Domestic work performed in or about a home;

(3) Work performed in a business owned or operated by a parent or one standing in the place of a parent;

(4)  Work performed by non-paid volunteers in a charitable or nonprofit organization, employed with the written consent of a parent or one standing in the place of a parent;

(5)  Caddying on a golf course;

(6)  Employment as an instructor on an instructional sailboat;

(7)  Manufacturing of evergreen wreaths in or about a home;

(8)  Delivery of newspapers to the consumer;

(9)  Employment of a graduate of an accredited school who is employed in a hazardous occupation in which a course of study has been completed;

(10) Hazardous work performed by nonpaid volunteers of a volunteer fire department or company or volunteer rescue squad who have completed or are taking a course of study relating to fire fighting or rescue and who is 16 years of age or older; or

(11) Work performed as a counselor, assistant counselor, or instructor in a youth camp certified under the Maryland Youth Camp Act.

The following records may be used as proof of age for purposes of issuing a work permit:

(1)  Birth certificate

(2)  Baptismal certificate

(3)  School record

(4)  Valid Maryland Driver's License or Motor Vehicle Administration Identification Card.

(5)  Passport

(6)  Any official government document attesting to the date of birth of the minor

2

Do not, under any circumstances, issue a work permit for a minor under the age of 14.

SPECIAL WORK PERMITS

Special permits for minors of any age to be employed as a model, performer or entertainer may only be issued by the Division of Labor and Industry. Applications and permits are available only in the Baltimore office of the Division of Labor and industry.

Exceptions to hours and occupations may only be granted by the Commissioner.

A printed notice setting forth the provisions of this law must be posted in each place of employment where a minor. is employed. These posters are, available from the Commissioner of Labor and Industry.

Penalties are provided for willful violations and for interference or hindering the Commissioner in the performance of his duties.

Restrictions under the child labor provisions of the Federal Fair Labor Standards Act may be greater than State standards. In all cases, the higher or more restrictive standard prevails. Information as-to Federal standards is available at the Baltimore office (410) 962-2265 and the Hyattsville office (301) 436-6767 of the U.S. Department of Labor, Wage and Hour Division.

3

PERMISSIBLE HOURS OF EMPLOYMENT

Minors 14 and 15 years of age may not be employed or permitted to work more than:

(1)  four hours on any day when school is in session;

(2)  eight hours on any day when school is not in session;

(3)  23 hours in any week when school is in session for five days; or

(4)  40 hours in any week when school is not in session.

A minor 14 and 15 years of age may not be employed or permitted to work before 7:00 a.m. or after 8:00 p.m. A minor may be employed or permitted to work until 9:00 p.m. from Memorial Day to Labor Day.

The hours worked by a minor enrolled in a bona fide work-study or student-learner program when school is normally in session may not be counted towards the permissible hours of work prescribed above.

Minors 16 and 17 years of age may spend no more than twelve hours in a combination of school hours and work hours each day. They must also be allowed at least 8 consecutive hours of non-work, non-school time in each 24 hour period.

Minors 14 through 17 years of age may not be employed or permitted to work more than five hours continuously without a non-working period of at least one half hour.

4


AREAS OF EMPLOYMENT RESTRICTED FOR
MINORS 14 AND 15 YEARS OF AGE

(1) Manufacturing, mechanical or processing occupations including occupations in workrooms, workplaces or storage areas where goods are manufactured or processed.

(2) Operation, cleaning or adjusting of any power-driven machinery other than office machines.

(3) Occupations in, about or in connection with (except office or sales work not performed on site):

(a)  scaffolding

(b)  construction

(c)  brickyards

(d)  lumberyards

(e)  airports

(f)  railroads

(g)  boats engaged in navigation or commerce

(h)  acids

(i)  dyes

(j)  gases

(k)  lye

(l)  occupations causing dust or gases in injurious quantities

(m) any occupation deemed injurious by the Commissioner after investigation.

5
PERMISSIBLE AREAS OF EMPLOYMENT FOR MINORS
14-15 YEARS OF AGE

This list is not all inclusive, but is merely representative.

(1)  Office and clerical work including 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 and maintenance of grounds.

(7)  Kitchen work and other work involved in preparing and serving food and beverages.

(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.

(9) Cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing and stocking goods when performed in areas physically separate from areas where meat is prepared for sale outside freezers or meat coolers.

6
OCCUPATIONS FORBIDDEN MINORS
UNDER 18 YEARS OF AGE

Certain occupations are declared to be hazardous by the U.S. Secretary of Labor and have been adopted by reference by the Commissioner of Labor and Industry for the State of Maryland. Minors 14 and 15 years old are forbidden to be employed at these occupations. Minors 16 and 17 years of age are also forbidden to be employed at these occupations with certain exceptions. These exceptions are printed in italics and are fully explained on subsequent pages.

(1)  Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components.

(2)  Occupations of motor-vehicle driver and outside helper.

(3)  Coal-mine occupations.

(4)  Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill.

(5)  Occupations involved in the operation of power-driven woodworking machines.

(6)  Occupations involving exposure to radioactive substances and to ionizing radiations.

(7)  Occupations involved in the operation of elevators and other power-driven hoisting apparatus.

(8)  Occupations involved in the operation of power-driven metal forming, punching, and shearing machines.

(9)  Occupations in connection with mining, other than coal mining.

(10)  Occupations involving slaughtering, or meatpacking, processing, or rendering.

(11)  Occupations involved in the operation of certain power-driven bakery machines.

(12)  Occupations involved in the operation of certain power-driven paper-products machines.

(13)  Occupations involved in the manufacture of brick, tile, and kindred products.

(14)  Occupations involved in the operation of circular saws, band saws, and guillotine shears.

(15)  Occupations involved in wrecking, demolition, and ship-breaking operations.

(16)  Occupations involved in roofing operations.

(17)  Occupations in excavation operations.

In addition to the hazardous occupations as declared by the U.S. Secretary of Labor and adopted by the Commissioner of Labor and Industry, the following occupations are forbidden for minors under 18 years of age:

Occupations in, about, or in connection with:

(1)  Blast furnaces.

(2)  Docks or wharves, other than marinas where pleasure boats are sold or served;

(3)  Pilots, firemen, or engineers on any vessel or boat engaged in commerce;

(4)  Railroads;

(5)  Erection and repair of electrical wires;

(6)  Any distillery where alcoholic beverages are manufactured, bottled, wrapped, or packed;

(7)  The manufacturing of dangerous or toxic chemicals or compounds;

7

(8)  Cleaning, oiling, or wiping of machinery;

(9)  Any occupation forbidden by any local, state or federal law; or

(10)  Any occupation which after investigation by the Commissioner is deemed injurious to the health and welfare of the minor.

8


TEXT OF FEDERAL HAZARDOUS OCCUPATIONS ORDERS
IN NONAGRICULTURAL OCCUPATIONS

Manufacturing or Storage Occupations Involving Explosives (Order. No.1).

The following occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components are prohibited:

(1)  All occupations in or about any plant or establishment (other-than retail establishments or plants or. establishments of the type described in subparagraph (2) of this paragraph) manufacturing or storing explosives or articles containing explosive components, except where the occupation is perform' in a "non-explosives area," as defined in subparagraph. (3) of this section. .

(2)  The following occupations in or about any plant or establishment manufacturing or storing small arms ammunition not exceeding 60 caliber in size, shotgun shells, or blasting caps when manufactured or stored in conjunction with the manufacture of small-arms ammunition:

(a)  All occupations involved in the manufacturing, mixing, transporting, or handling of explosive compounds in the manufacture of small arms ammunition and all other occupations requiring the performance of any duties in the explosives area in which explosive compounds are manufactured or mixed.

(b)  All occupations involved in the manufacturing, transporting, or handling of primers and all other occupations requiring the performance of any duties in the same building in which primers are manufactured.

(c)  All occupations involved in the priming of cartridges and all other occupations requiring the performance of any duties in the same workroom in which rim-fire. cartridges are primed.

(d)  All occupations involved in the plate loading of cartridges and in the operation of automatic loading machines.

(e)  All occupations involved in the loading, inspecting, packing, shipping and storage of blasting caps.