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Prohibited Capstones

Prohibited Capstone Activities and Occupations

16VAC15-30-10. Hazardous occupations. 

The Child Labor Laws of Title 40.1 of the Code of Virginia provide a minimum of 18 years of age for employment in any occupation determined by the Commissioner of the Virginia Department of Labor and Industry to be hazardous or detrimental to the health of minors under 18 years of age. This minimum age applies even when the minor is employed by his parents or persons standing in place of the parent. 

Statutory Authority 

16VAC15-30-20. Index of hazardous occupations. 

The following occupations have been determined to be hazardous or detrimental to the health of minors under 18 years of age. Additional information on each group of occupations is provided in the referenced section. 

  1. Manufacturing or Storage Occupations Involving Explosives. (16VAC25-30-30) 

  2. Motor Vehicle Occupations. (16VAC15-30-40) 

  3. Logging and Sawmilling Occupations. (16VAC15-30-50) 

  4. Power-Driven Woodworking Machine Occupations. (16VAC15-30-60) 

  5. Occupations Involving Exposure to Radioactive Substances and to Ionizing Radiations. (16VAC15-30-70) 

  6. Power-Driven Hoisting Apparatus Occupations. (16VAC15-30-80) 

  7. Power-Driven Metal Forming, Punching, and Shearing Machine Occupations. (16VAC15-30-90) 

  8. Occupations in Connection with Any Mining Operation. (16VAC15-30-100) 

  9. Occupations Involving Slaughtering, Meat-Packing or Processing or Rendering. (16VAC15-30-110) 

  10. Power-Driven Bakery Machine Occupations. (16VAC15-30-120) 

  11. Power-Driven Paper Products Machine Occupations. (16VAC15-30-130) 

  12. Occupations Involved in the Manufacture of Brick, Tile, and Kindred Products. (16VAC15-30-140) 

  13. Occupations Involved in the Operation of Power-Driven Circular Saws, Band Saws, and Guillotine Shears. (16VAC15-30-150) 

  14. Occupations Involved in Wrecking, Demolition, and Shipbreaking Operations. (16VAC15-30-160) 

  15. Occupations in Roofing Operations. (16VAC15-30-170) 

  16. Occupations in Excavation Operations. (16VAC15-30-180) 

  17. Fire Fighting. (16VAC15-30-190) 

  18. Other Prohibited Occupations. (16VAC15-30-200) (See below)

Statutory Authority 

16VAC15-30-200. Other prohibited occupations. 

In addition to the prohibited occupations listed in this chapter, the following occupations are prohibited: 

  1. In any capacity in the manufacturing of paints, colors, white lead. 

  2. In any place where goods of alcoholic content are manufactured, bottled, or sold for consumption on the premises except in places where the sale of alcoholic beverages is merely incidental to the main business actually conducted, or to deliver alcoholic goods. 

  3. Shall not perform in or be a subject of sexually explicit visual material which depicts nudity, sexual excitement, sexual conduct, sexual intercourse, or sadomasochistic abuse, or a book, magazine, or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other action is necessary to make its sexually explicit content apparent. 

  4. In a capacity in preparing any composition in which dangerous poisonous chemicals are used.

 16VAC15-30-70. Occupation involving exposure to radioactive substances and to ionizing radiations.

Any activity is prohibited in any workroom in which (a) radium is stored or used in the manufacture of self-luminous compound; (b) self-luminous compound is made, processed, or packaged; (c) self-luminous compound is stored, used, or worked upon; (d) incandescent mantles are made from fabric and solutions containing thorium salts, or are processed or packaged; (e) any activities that involve exposure to ionizing radiations including X-ray equipment; and (f) any other activities that involve exposure to radioactive substances or ionizing radiations in any capacity.

Statutory Authority 

Federal law provides a more detailed explanation regarding exposure to radioactive material:

  • 570.57   Exposure to radioactive substances and to ionizing radiations (Order 6).

(a) Finding and declaration of fact. The following occupations involving exposure to radioactive substances and to ionizing radiations are particularly hazardous and detrimental to health for minors between 16 and 18 years of age:

(1) Any work in any workroom in which (i) radium is stored or used in the manufacture of self-luminous compound, (ii) self-luminous compound is made, processed, or packaged, (iii) self-luminous compound is stored, used, or worked upon, (iv) incandescent mantles are made from fabric and solutions containing thorium salts, or are processed or packaged, (v) other radioactive substances are present in the air in average concentrations exceeding 10 percent of the maximum permissible concentrations in the air recommended for occupational exposure by the National Committee on Radiation Protection, as set forth in the 40-hour week column of table one of the National Bureau of Standards Handbook No. 69 entitled “Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure,” issued June 5, 1959.

(2) Any other work which involves exposure to ionizing radiations in excess of 0.5 rem per year.

(b) Definitions. As used in this section:

(1) The term self-luminous compound shall mean any mixture of phosphorescent material and radium, mesothorium, or other radioactive element;

(2) The term workroom shall include the entire area bounded by walls of solid material and extending from floor to ceiling;

(3) The term ionizing radiations shall mean alpha and beta particles, electrons, protons, neutrons, gamma and X-ray and all other radiations which produce ionizations directly or indirectly, but does not include electromagnetic radiations other than gamma and X-ray.

[22 FR 3657, May 24, 1957, as amended at 26 FR 8885, Sept. 21, 1961. Redesignated at 28 FR 1634, Feb. 21, 1963, and amended at 28 FR 3449, Apr. 9, 1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971]

16VAC15-30-190. Fire fighting.

The following activities involving fire fighting are prohibited:

  1. Minors 16 years and 17 years of age shall not enter a burning structure.

The term "burning structure" as used in this restriction shall not include a structure which contains burning materials.

  1. Minors 14 years and 15 years of age shall not participate in fire fighting or support activities at the fire scene, enter a burning structure, enter a structure which contains burning materials, or engage in any other activity prohibited in this chapter.

  2. Minors under 14 years of age shall not participate in any activity related to fire fighting.

  3. Exemptions. A county, city or town may authorize by ordinance that a 16 or 17 year old minor who resides in the Commonwealth, who is a member of a volunteer fire company, within that locality, with the approval of a parent or guardian, may seek certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs, and, after attaining such certification, may work with or participate fully in all activities of the volunteer fire company. A local ordinance may not require minors who achieved certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs, on or before January 1, 2006, between age 15 and 16, to repeat the certification after the sixteenth birthday.

A trainer or instructor of the aforesaid minors and any member of a paid or volunteer fire company who supervises any such minors shall be exempt from child labor law provisions in the Code of Virginia concerning cruelty and injuries to children, provided that the provisions of § 40.1-100 of the Code of Virginia have not been violated when the minor has been engaged in the activities of a volunteer fire company, and provided that either the volunteer fire company or the governing body of the county, city or town has purchased insurance that provides coverage for injuries to, or the death of, a minor in performing such firefighting activities.

Statutory Authority 

§§ 40.1-6 and 40.1-100 of the Code of Virginia.