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§ 3-213. Prohibited employment

West's Annotated Code of MarylandLabor and Employment

West's Annotated Code of Maryland
Labor and Employment
Title 3. Employment Standards and Conditions (Refs & Annos)
Subtitle 2. Employment of Minors (Refs & Annos)
MD Code, Labor and Employment, § 3-213
§ 3-213. Prohibited employment
Currentness
In general
(a) Except as otherwise provided in this subtitle, a minor may not be employed or allowed to work:
(1) in, about, or in connection with the manufacturing of a hazardous substance;
(2) in, about, or in connection with:
(i) a blast furnace;
(ii) a distillery where an alcoholic beverage is manufactured, bottled, wrapped, or packed;
(iii) a railroad;
(iv) an engineer, fireman, or pilot on a vessel that is engaged in commerce; or
(v) a dock or wharf other than a marina where pleasure vessels are sold or served; or
(3) in, about, or in connection with:
(i) the erection or repair of an electrical wire;
(ii) the cleaning, oiling, or wiping of machinery; or
(iii) an occupation that is prohibited by law.
Minors under 16
(b) Except as otherwise provided in this subtitle, a minor under the age of 16 may not be employed or allowed to work:
(1) during the school hours set for that minor;
(2) about or in connection with an acid, dye, gas, lye, or paint;
(3) at, about, or in connection with:
(i) an airport;
(ii) a brickyard;
(iii) a lumberyard;
(iv) a workroom or work site where goods are manufactured or processed;
(v) scaffolding; or
(vi) a vessel when engaged in navigation or commerce; or
(4) in, about, or in connection with:
(i) construction;
(ii) an occupation that causes dust in an injurious quantity;
(iii) a manufacturing occupation;
(iv) a mechanical occupation;
(v) a processing occupation; or
(vi) the adjustment, cleaning, or operation of power-driven machinery except:
1. an office machine; or
2. machinery used in a school or government institution as part of vocational training.
Other occupations
(c) The Commissioner may prohibit minors being employed in an occupation if:
(1) after a public hearing, the Commissioner determines that employment in the occupation should be prohibited to minors;
(2) the Commissioner adopts by reference a determination by the United States Secretary of Labor under the federal Fair Labor Standards Act of 19381 that the occupation is hazardous; or
(3) after investigation, the Commissioner determines that the occupation is injurious to:
(i) the health or welfare of minors; or
(ii) the morals of minors under the age of 16 years.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991.
Formerly Art. 100, §§ 7, 10, 11.

Footnotes

1
June 25, 1938, ch. 676, 52 Stat. 1060, codified at 29 U.S.C.A. § 201 et seq.
MD Code, Labor and Employment, § 3-213, MD LABOR & EMPLY § 3-213
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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