Every employer to whom a certificate has been issued, authorizing him/her to employ minors in construction works or jobs, shall regularly comply [with] the requirements of all labor laws and regulations, as well as all federal and Commonwealth employment safety measures and specifically, the “Occupational Safety & Health Act” (OSHA) and its corresponding regulations. Minors may work with said employers, provided, that during the year prior to their employment, the employers certify that they have implemented a successful safety program and are following it. The employer shall obtain and keep accessible in his files, to any officer, inspector or any other person, authorized by the Secretary of Labor and Human Resources to enforce this chapter, a copy of the work permits of the minors and evidence of the safety programs implemented. Likewise, the employer shall obtain and keep accessible, the employment authorizations issued to the minors while they are working with said employer, and, shall also keep all the records that show that he/she is complying with federal and state occupation safety legislation. The Secretary of Labor and Human Resources is hereby empowered to examine the records of the authorized employers listed in the office of OSHA and PROSHA, that are interested in, or are in fact employing minors. The refusal of any employer to furnish, the employment authorization or apprenticeship authorization of a minor during an inspection, shall be prima facie evidence of a violation of the provisions on the employment of minors.
In addition, every employer shall conspicuously post a printed notice. In all construction projects where a minor between sixteen (16) and eighteen (18) years of age is working, stating faithfully and exactly, the provisions of this chapter.
History —Aug. 10, 2002, No. 161, § 7, eff. 90 days after Aug. 10, 2002.