Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-9-3 - Definitions3.1. "Act" means the Child Labor Act, W. Va. Code §21-6-1 et seq.3.2. "Age certificate" or "certificate of age," means the form authorized by the Division for the employment of a 16 or 17 year old minor that is issued by the county superintendent, as defined in subsection 3.10 of this section; an authorized person, as defined in subsection 3.4 of this section; or an issuing administrator, as defined in subsection 3.16 of this section, for the purpose of certifying the minor's age and place and date of birth.3.3. "Approved program," as used in W. Va. Code §21-6-2(c) and section 12 of this rule, means a training program that is equivalent to that of the West Virginia Department of Education Public Service Fire Service Training, the West Virginia State Fire Commission, or the West Virginia University Fire Service Extension Junior Firefighter Training, and that has been approved by the Commissioner.3.4. "Authorized person" means the person who has been authorized in writing by the county superintendent to review and approve work permit applications and age certificate applications.3.5. "Blanket work permit" means the form authorized and issued by the Division for the employment of 25 or more minors for a period of 90 days or less, which includes an acknowledgment from the prospective employer stating that he or she is familiar with and will abide by the Act and this rule, and which lists the names, birth dates, ages, and job description for each minor.3.6. "Board of education" means the board of education in the county where the minor resides.3.7. "Certified birth certificate," as used in subdivision 5.2.2 and section 8 of this rule, means a birth certificate issued by the West Virginia Department of Health and Human Resources, Office of Vital Registration; by the county clerk of the West Virginia county in which the minor was born; or by an office listed on the National Vital Statistics System maintained by the United States Centers for Disease Control and Prevention.3.8. "Code of Federal Regulations" or "C.F.R." refers to the rules and regulations of a federal government agency.3.9. "Commissioner" means the Commissioner of the Division of Labor and his or her authorized representatives.3.10. "County superintendent" means the superintendent of schools for the county where the minor resides.3.11. "Dangerous or injurious occupation" means an occupation identified in W. Va. Code §21-6-2, any occupation that the Commissioner determines is detrimental to a minor's health, safety, or well-being, or that interferes with a minor's education, and any occupation identified as oppressive by the United States Department of Labor.3.12. "Division" means the West Virginia Division of Labor.3.13. "Employ" means to hire, permit, or suffer to work.3.14. "Employer" means any person, firm, or corporation employing a minor.3.15. "Immediate supervision" or "direct supervision" means supervision by a responsible party, as defined in subsection 3.20 of this section, who is within the immediate physical proximity of the minor and is responsible for managing, overseeing, and directing the minor's work activities.3.16. "Issuing administrator" means the person who administers a program of secondary education at a public, private, or home school who has the authority to issue education credentials pursuant to W. Va. Code §18-8-12 and the authority to issue a work permit and age certificate pursuant to W. Va. Code §§21-6-3(a) and 21-6-5(a).3.17. "NFPA" refers to the National Fire Protection Association, 1 Battery march Park, Quincy, MA 02169.3.18. "Parent" means and includes a minor's parent, guardian, custodian, or other person standing in the place of the minor's parent.3.19. "Personal protective equipment" means NFPA-compliant boots, coats, pants, helmets, hoods, gloves, and self-contained breathing apparatus with face piece.3.20. "Responsible party" or "responsible supervisor" means a regular, full-time, qualified, and experienced adult employee or business owner, or, pursuant to W. Va. Code §21-6-2(c), a fire line officer.3.21. "School hours" or "while school is in session" means the hours during which county public or private schools are in session.3.22. "School week" means Monday through Sunday while county public or private schools are in session.3.23. "Special circumstances," means and includes a minor's particular situation, life experiences, abilities, training, or any other conditions or facts that the Commissioner may consider in determining whether to issue a supervision permit.3.24. "Supervision permit" means the form authorized and issued by the Division for the employment of a minor under special circumstances that promote the best interests of the minor.3.25. "Work experience program," "work-study program," or "work-based learning program" means a school-supervised and school-administered program for 14 and 15 year old minors enrolled in a college preparatory curriculum that meets the educational standards established by the West Virginia Department of Education, and has been approved by the United States Department of Labor Wage and Hour Division Administrator.3.26. "Work experience and career exploration program" or "WECEP" means a school-supervised and school-administered program for 14 and 15 year old minors that meets the educational standards established by the West Virginia Department of Education, and has been approved by the United States Department of Labor Wage and Hour Division Administrator.3.27. "Work permit" means the form authorized by the Division for the employment of a 14 or 15 year old minor that is issued by the county superintendent, as defined in subsection 3.10 of this section; an authorized person, as defined in subsection 3.4 of this section; or an issuing administrator, as defined in subsection 3.16 of this section.