§ 133 — Prohibited employments of minors

§ 133. Prohibited employments of minors. 1. Minors under sixteen. No\nminor under sixteen years of age shall be employed in or assist in:\n a. painting or exterior cleaning in connection with the maintenance of\na building or structure;\n b. any occupation in or in connection with a factory, except as\nprovided in subdivision four of section one hundred thirty-one of this\nchapter;\n c. the operation of washing, grinding, cutting, slicing, pressing or\nmixing machinery;\n d. any employment in institutions in the department of mental hygiene,\nprovided, however, that for the purposes of this paragraph,\nparticipation in recreation and leisure activities, social skills\ndevelopment, companionship and/or entertainment as part of an organized\nvolunteer program approved by the commissioner of mental hygiene, shall\nnot constitute employment or assistance in employment and may be\nperformed by youthful volunteers at least fourteen years of age. Nothing\ncontained in this paragraph shall be construed to permit services\nprohibited in subdivisions one and two hereof.\n 2. Minors of any age. No minor of any age shall be employed in or\nassist in:\n a. the care or operation of a freight or passenger elevator, except\nthat a minor over sixteen may operate automatic push button control\nelevators;\n b. or in connection with the manufacturing, packaging, or storing of\nexplosives;\n c. operating or using any emery, tripoli, rouge, corundum, stone,\nsilicon carbide, or any abrasive, or emery polishing or buffing wheel,\nwhere articles of the baser metals or iridium are manufactured;\n d. penal or correctional institutions, if such employment relates to\nthe custody or care of prisoners or incarcerated individuals;\n e. adjusting belts to machinery or cleaning, oiling or wiping\nmachinery;\n f. packing paints, dry colors, or red or white leads;\n g. preparing any composition in which dangerous or poisonous acids are\nused;\n h. operating steam boilers subject to section two hundred four of this\nchapter;\n i. any occupation at construction work, including wrecking,\ndemolition, roofing or excavating operations and the painting or\nexterior cleaning of a building structure from an elevated surface;\n j. any occupation involving exposure to radioactive substances or\nionizing radiation, or exposure to silica or other harmful dust;\n k. logging occupations and occupations in the operation of any\nsawmill, lath mill, shingle mill or cooperage-stock mill;\n l. any occupation in or in connection with a mine or quarry;\n m. any occupation involved in the operation of power-driven\nwoodworking, metal-forming, metal-punching, metal-shearing, bakery, and\npaper products machines;\n n. any occupation involved in the operation of circular saws, bandsaws\nand guillotine shears;\n o. any occupation in or about a slaughter and meat-packing\nestablishment, or rendering plant;\n p. any occupation involved in the operation of power-driven hoisting\napparatus;\n q. any occupation involved in the manufacture of brick, tile and\nkindred products;\n r. as a helper on a motor vehicle;\n s. as a dancer or performer in any portion of a facility open to the\npublic wherein performers appear and dance or otherwise perform\nunclothed, under circumstances in which such employment would be harmful\nto such person in the manner defined in subdivision six of section\n235.20 of the penal law.\n 3. a. The provisions of subdivision two of this section shall not\napply to (1) an apprentice who is individually registered in an\napprenticeship program which is duly registered with the commissioner in\nconformity with the provisions of article twenty-three of this chapter;\nor\n (2) a student-learner who is enrolled in a course of study and\ntraining in a cooperative vocational training program under a recognized\nstate or local educational authority, or in a course of study in a\nsubstantially similar program conducted by a private school; or\n (3) a trainee in an on-the-job training program approved by the\ncommissioner; or\n (4) a minor who is employed in the occupation in which he has\ncompleted training as a student-learner as provided in subparagraph (2)\nof this subdivision or as a trainee as provided in subparagraph (3) of\nthis subdivision; or\n (5) a minor who is employed in the occupation in which he has\ncompleted a work training program of a non-profit organization or a\ntraining program which is publicly funded in whole or in part, and as\npart of such program received safety instruction and training in the use\nof machinery, provided that such safety program has been approved by the\ncommissioner. As used in this paragraph the term "non-profit\norganization" means an organization operated exclusively for religious,\ncharitable, or educational purposes, no part of the net earnings of\nwhich inures to the benefit of any private shareholder or individual.\n b. An employment certificate required by subdivision two of section\none hundred thirty-two of this article shall for the purposes of section\nfourteen-a of the workmen's compensation law be deemed to authorize\nemployment under subparagraphs (3), (4) and (5) of this subdivision.\n 4. In addition to the cases provided for in this section, the\ncommissioner, when it is found upon investigation that any particular\ntrade, process of manufacture, occupation, or method of carrying on the\nsame, is dangerous or injurious to the health of minors, may adopt rules\nprohibiting or regulating the employment of such minors therein. In\naddition to the adoption of such rules, the commissioner may also adopt\nsuch other rules and regulations as are determined necessary to carry\nout the purposes of this section.\n 5. In addition to the rulemaking authority set forth in subdivision\nfour of this section, when it is found upon investigation that\nemployment on a farm is dangerous or injurious to the health of minors,\nthe commissioner may adopt rules prohibiting or regulating the\nemployment of such minors therein, which rules shall be in accordance\nwith and consistent with those promulgated by the United States\nsecretary of labor in this regard.\n