Or. Admin. R. 839-021-0320

Current through Register Vol. 63, No. 8, August 1, 2024

Section 839-021-0320 - Registration of Employers of Minors in the Entertainment Industry

(1) In circumstances involving the employment of minors in short term employment, employers may satisfy the requirements of OAR 839-021-0310 by obtaining a registration certificate.

(2) Employers may apply for a registration certificate at any time and may apply to renew their registration by July 1 of each year. The registration will be effective through the following June 30.

(3) To register, an employer may obtain an application form from any office of the Bureau. Upon completion, the application must be filed with the Child Labor Unit of the Wage and Hour Division. The application form will be prescribed by the Bureau and will include, but not be limited to, space for:

(a) The employer's name, permanent address, and telephone number; and

(b) The Oregon address and telephone number if different from permanent address and telephone number; and

(c) A contact person's name, address and telephone number; and

(d) A brief history of company; and

(e) A description of the kinds of events, activities, or productions contemplated which may involve the employment of minors in short term employment; and

(f) An estimate of the ages and number of minors that may be employed in short term employment; and

(g) A brief description of the types of work expected of such minors; and

(h) A statement that the employer agrees to comply with the provisions of ORS 653.010 to 653.545, OAR 839-021-0001 to 839-021-0500 and any terms and conditions specified by the Bureau;

(i) Name and address of workers' compensation insurer and policy or binder number;

(j) Other information as will assure the Bureau that employment of minors by the employer will be in compliance with any law or rule concerning the employment of minors; and

(k) The signature of the applicant.

(4) No less than 24 hours prior to the employment of minors for a short duration, the registered employer must notify the Child Labor Unit of the Wage and Hour Division. The notification may be accomplished by letter, in person or by telephone and must include:

(a) Approximate number of minors to be employed;

(b) Approximate ages of minors to be employed;

(c) Description of the duties to be performed by the minors;

(d) Approximate hours the minors will work;

(e) Dates the minors are to be employed;

(f) The physical location where the work is to be performed.

(5) In the case of a renewal application, the employer must submit with the application, a report of minors employed during the previous year. The report must include, but not be limited to, the following information:

(a) The number of minors employed in short term employment pursuant to OAR 839-021-0310(3);

(b) Whether any worker's compensation insurance claims were filed by or for any minors while employed by the employer and the number of such claims;

(c) Other information as may be deemed necessary by the Bureau.

(6) The Bureau will conduct an investigation of the facts and circumstances set out in the application for the registration certificate and may issue a certificate to the employer provided the provisions of OAR 839-021-0001 to 839-021-0500 have been met.

(a) The Bureau may set such terms and conditions upon the issuance of the certificate as the Bureau deems necessary or appropriate.

(b) The Bureau may refuse to issue or renew a certificate when it appears to the Bureau that the provisions of OAR 839-021-0001 to 839-021-0500 are not met or when the employer has violated any law or rule pertaining to the employment of minors.

(7) If the facts and circumstances or conditions under which the certificate is issued change, the employer must notify the Bureau of the change. The Bureau may modify the terms and conditions of the certificate, if any.

(8) The Bureau may require the removal of minors from the employment of a registered employer when it appears to the Bureau that the employer has failed to comply with any law or rule pertaining to the employment of minors.

(9) Prior to the removal of minors as indicated in section (8) of this rule, the Bureau will consider the following factors:

(a) The past history of the employer in taking all necessary measures to prevent or correct violations of statutes and rules; and

(b) Past violations, if any, of statutes and rules; and

(c) The magnitude and seriousness of the violation; and

(d) Any other mitigating circumstances.

(10) When a registered employer is required by the Bureau to remove the minor employees from employment, the employer may request a hearing in accordance with OAR 839-022-0000 to 839-022-0060.

(11) The Bureau may revoke the registration certificate when it determines that the employer failed to comply with any rule of the commission or law covering the employment of minors. The employer must be accorded the opportunity of a hearing in accordance with OAR 839-022-0000 to 839-022-0060.

Or. Admin. R. 839-021-0320

BL 9-1984, f. & ef. 8-7-84; BL 6-1988, f. & cert. ef. 4-12-88; BLI 4-1998, f. & cert. ef. 3-5-98; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14; BLI 19-2021, minor correction filed 10/14/2021, effective 10/14/2021

Statutory/Other Authority: ORS 651.060(4) & 653.261

Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653