Or. Admin. R. 839-021-0290
Current through Register Vol. 63, No. 8, August 1, 2024
Section 839-021-0290 - Permitted Hours of Work of Minors under 16 Years of Age in Agriculture(1) Minors under 16 years of age may not be employed to work in agriculture while the school they attend is in session. As used in this rule, school is in session during the hours set by the school district in which the minor resides while employed in agriculture in accordance with the official school calendar of the district. A school week is any week in which school is in session for at least three days.(2) The hours of work by minors in agriculture under 16 years of age may not exceed: (a) Three hours a day on school days;(b) Ten hours a day on non-school days;(c) 25 hours a week during school weeks;(d) From the last day of the most recently completed school year of the school district in which the minor resides while employed in agriculture to the first day of the school year immediately following the most recently completed school year of the district in which the minor resides while employed in agriculture: (A) Ten hours per day; and(e) Six days in any week at any time.(3) Notwithstanding section (2) of this rule, when a minor under 16 years of age is employed in agriculture to operate or assist in the operation of power-driven farm machinery or when such minor is employed to ride in or on power-driven farm machinery as provided in OAR 839-021-0276 to 839-021-0285, the maximum number of hours the minor may work may not exceed: (a) Three hours a day on school days;(b) Eight hours a day on non-school days;(c) Eighteen hours a week during school weeks;(d) From the last day of the most recently completed school year of the school district in which the minor resides while employed in agriculture to the first day of the school year immediately following the most recently completed school year of the district in which the minor resides while employed in agriculture: (A) Ten hours per day, 60 hours a week during the harvest season;(B) Ten hours per day, 44 hours per week outside the harvest season;(C) A greater number of weekly hours may be permitted when worked outside the harvest season pursuant to a Special Emergency Overtime Permit issued by the Bureau. However, even though a permit may be issued, the maximum number of hours worked in a week may not exceed 60.(e) Six days in any week at any time.(4) Notwithstanding sections (2) and (3) of this rule, the Bureau may issue special permits to employers for the employment of minors under 16 years of age in agriculture for more than the maximum number of hours provided in this rule when the Bureau determines that such hours of work will not be detrimental to the health and safety of the minors so employed. (a) An employer desiring to employ a minor in agriculture for more than the maximum number of hours provided in this rule may apply in writing to the Bureau.(b) The Bureau will investigate the employment and the facts and circumstances set out in the application. If the Bureau determines that the character of the employment is suitable and that the employment will not adversely affect the physical and moral well-being of the minor(s), the Bureau will issue a Special Emergency Overtime Permit to the employer, setting out the terms and conditions of the permit and the period of time for which it will be effective.(5) This rule does not regulate the daily starting and quitting times of minors under 16 years of age who are employed in agriculture.Or. Admin. R. 839-021-0290
BL 11-1991, f. & cert. ef. 10-31-91; BL 2-1997(Temp), f. & cert. ef. 7-21-97; BL 10-1997, f. & cert. ef. 11-26-97; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 27-2009, f. 12-1-09, cert. ef. 1-1-10; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14; BLI 1-2024, amend filed 01/04/2024, effective 1/4/2024Statutory/Other Authority: ORS 651.060, ORS 653.040, ORS 653.261, ORS 653.305, ORS 653.307 & ORS 653.400
Statutes/Other Implemented: ORS 653.261 & ORS 653.305