41-2-110. Exemptions from prohibited employment of minors who are sixteen or seventeen years old. (1) The prohibitions in 41-2-107 do not apply to the employment of an apprentice or student-learner who is 16 or 17 years of age if the minor is employed under the following conditions:
     (a) for an apprentice, if:
     (i) the minor is employed in a craft recognized as an apprenticeable trade;
     (ii) the work is incidental to the minor's training;
     (iii) the work is intermittent, for short periods of time, and under the direct and close supervision of a journeyman as a necessary part of the apprentice training; and
     (iv) the minor is registered by the bureau of apprenticeship and training of the United States department of labor as employed in accordance with the standards established by that bureau or is registered by the department as employed in accordance with the standards of the department;
     (b) for a student-learner, if:
     (i) the student-learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school;
     (ii) the student-learner is employed under a written agreement, providing that:
     (A) the work of the student-learner is incidental to the student-learner's training;
     (B) the work is intermittent, for short periods of time, and under the direct and close supervision of a qualified and experienced person;
     (C) safety instruction is given by the school and correlated by the employer with on-the-job training; and
     (D) a schedule of organized and progressive work processes to be performed on the job has been prepared;
     (iii) the written agreement contains the name of the student-learner and is signed by the employer and the school coordinator or principal; and
     (iv) copies of each agreement are kept on file both by the educational authority or school and by the employer.
     (2) This exemption for the employment of student-learners may be revoked by the department in any situation if the department finds that reasonable precautions have not been observed for the safety of minors employed under the exemption.
     (3) A high school graduate who is 16 or 17 years of age may be employed in an occupation in which the graduate has completed training as a student-learner as provided in this section.

     History: En. Sec. 9, Ch. 391, L. 1993.