N.Y. Labor Law § 133: Prohibited employments of minors

§ 133. Prohibited employments of minors. 1. Minors under sixteen. No

minor under sixteen years of age shall be employed in or assist in:

a. painting or exterior cleaning in connection with the maintenance of

a building or structure;

b. any occupation in or in connection with a factory, except as

provided in subdivision four of section one hundred thirty-one of this

chapter;

c. the operation of washing, grinding, cutting, slicing, pressing or

mixing machinery;

d. any employment in institutions in the department of mental hygiene,

provided, however, that for the purposes of this paragraph,

participation in recreation and leisure activities, social skills

development, companionship and/or entertainment as part of an organized

volunteer program approved by the commissioner of mental hygiene, shall

not constitute employment or assistance in employment and may be

performed by youthful volunteers at least fourteen years of age. Nothing

contained in this paragraph shall be construed to permit services

prohibited in subdivisions one and two hereof.

2. Minors of any age. No minor of any age shall be employed in or

assist in:

a. the care or operation of a freight or passenger elevator, except

that a minor over sixteen may operate automatic push button control

elevators;

b. or in connection with the manufacturing, packaging, or storing of

explosives;

c. operating or using any emery, tripoli, rouge, corundum, stone,

silicon carbide, or any abrasive, or emery polishing or buffing wheel,

where articles of the baser metals or iridium are manufactured;

d. penal or correctional institutions, if such employment relates to

the custody or care of prisoners or incarcerated individuals;

e. adjusting belts to machinery or cleaning, oiling or wiping

machinery;

f. packing paints, dry colors, or red or white leads;

g. preparing any composition in which dangerous or poisonous acids are

used;

h. operating steam boilers subject to section two hundred four of this

chapter;

i. any occupation at construction work, including wrecking,

demolition, roofing or excavating operations and the painting or

exterior cleaning of a building structure from an elevated surface;

j. any occupation involving exposure to radioactive substances or

ionizing radiation, or exposure to silica or other harmful dust;

k. logging occupations and occupations in the operation of any

sawmill, lath mill, shingle mill or cooperage-stock mill;

l. any occupation in or in connection with a mine or quarry;

m. any occupation involved in the operation of power-driven

woodworking, metal-forming, metal-punching, metal-shearing, bakery, and

paper products machines;

n. any occupation involved in the operation of circular saws, bandsaws

and guillotine shears;

o. any occupation in or about a slaughter and meat-packing

establishment, or rendering plant;

p. any occupation involved in the operation of power-driven hoisting

apparatus;

q. any occupation involved in the manufacture of brick, tile and

kindred products;

r. as a helper on a motor vehicle;

s. as a dancer or performer in any portion of a facility open to the

public wherein performers appear and dance or otherwise perform

unclothed, under circumstances in which such employment would be harmful

to such person in the manner defined in subdivision six of section

235.20 of the penal law.

3. a. The provisions of subdivision two of this section shall not

apply to (1) an apprentice who is individually registered in an

apprenticeship program which is duly registered with the commissioner in

conformity with the provisions of article twenty-three of this chapter;

or

(2) a student-learner who 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; or

(3) a trainee in an on-the-job training program approved by the

commissioner; or

(4) a minor who is employed in the occupation in which he has

completed training as a student-learner as provided in subparagraph (2)

of this subdivision or as a trainee as provided in subparagraph (3) of

this subdivision; or

(5) a minor who is employed in the occupation in which he has

completed a work training program of a non-profit organization or a

training program which is publicly funded in whole or in part, and as

part of such program received safety instruction and training in the use

of machinery, provided that such safety program has been approved by the

commissioner. As used in this paragraph the term "non-profit

organization" means an organization operated exclusively for religious,

charitable, or educational purposes, no part of the net earnings of

which inures to the benefit of any private shareholder or individual.

b. An employment certificate required by subdivision two of section

one hundred thirty-two of this article shall for the purposes of section

fourteen-a of the workmen's compensation law be deemed to authorize

employment under subparagraphs (3), (4) and (5) of this subdivision.

4. In addition to the cases provided for in this section, the

commissioner, when it is found upon investigation that any particular

trade, process of manufacture, occupation, or method of carrying on the

same, is dangerous or injurious to the health of minors, may adopt rules

prohibiting or regulating the employment of such minors therein. In

addition to the adoption of such rules, the commissioner may also adopt

such other rules and regulations as are determined necessary to carry

out the purposes of this section.

5. In addition to the rulemaking authority set forth in subdivision

four of this section, when it is found upon investigation that

employment on a farm is dangerous or injurious to the health of minors,

the commissioner may adopt rules prohibiting or regulating the

employment of such minors therein, which rules shall be in accordance

with and consistent with those promulgated by the United States

secretary of labor in this regard.