Bill Text: NJ A4221 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits minors to engage in certain construction work for nonprofit organizations.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2013-06-10 - Introduced, Referred to Assembly Labor Committee [A4221 Detail]
Download: New_Jersey-2012-A4221-Introduced.html
Sponsored by:
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
SYNOPSIS
Permits minors to engage in certain construction work for nonprofit organizations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning minors engaged in certain volunteer activities and amending P.L.1940, c.153 and P.L.1994, c.82.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 17 of P.L.1940, c.153 (C.34:2-21.17) is amended to read as follows:
17. No minor under 16 years of age shall be employed, permitted or suffered to work in, about, or in connection with power-driven machinery.
No minor under 18 years of age shall be employed, permitted or suffered to work in, about, or in connection with the following:
The manufacture or packing of paints, colors, white lead, or red lead;
The handling of dangerous or poisonous acids or dyes; injurious quantities of toxic or noxious dust, gases, vapors or fumes;
Work involving exposure to benzol or any benzol compound which is volatile or which can penetrate the skin;
The manufacture, transportation or use of explosives or highly inflammable substances;
Oiling, wiping, or cleaning machinery in motion or assisting therein;
Operation or helping in the operation of power-driven woodworking machinery; provided, that apprentices operating under conditions of bona fide apprenticeship may operate such machines under competent instruction and supervision;
Grinding, abrasive, polishing or buffing machines; provided, that apprentices operating under conditions of bona fide apprenticeship may grind their own tools;
Punch presses or stamping machines if the clearance between the ram and the dye or the stripper exceeds 1/4 inch;
Cutting machines having a guillotine action;
Corrugating, crimping or embossing machines;
Paper lace machines;
Dough brakes or mixing machines in bakeries or cracker machinery;
Calender rolls or mixing rolls in rubber manufacturing;
Centrifugal extractors, or mangles in laundries or dry cleaning establishments;
Ore reduction works, smelters, hot rolling mills, furnaces, foundries, forging shops, or any other place in which the heating, melting, or heat treatment of metals is carried on;
Mines or quarries;
Steam boilers carrying a pressure in excess of 15 pounds;
Construction work of any kind, except in the construction of [affordable] housing as a volunteer for a nonprofit organization as provided in section 1 of P.L.1994, c.82 (C.34:2-21.17d);
Fabrication or assembly of ships;
Operation or repair of elevators or other hoisting apparatus;
The transportation of payrolls other than within the premises of the employer.
No minor under 18 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any establishment where alcoholic liquors are distilled, rectified, compounded, brewed, manufactured, bottled, or are sold for consumption on the premises, or in a pool or billiard room; provided, however, this paragraph shall not apply to minors 16 years of age or over, employed as pinsetters, lane attendants, or busboys in public bowling alleys as provided in section 3 of P.L.1940, c.153 (C.34:2-21.3) or to minors employed in theatrical productions where alcoholic beverages are sold on the premises.
Minors 14 years of age or over may be employed as golf course caddies and pool attendants.
No minor under 18 years of age shall be employed, permitted, or suffered to work in any place of employment, or at any occupation hazardous or injurious to the life, health, safety, or welfare of such minor, as such occupation shall, from time to time, be determined and declared by the Commissioner of Labor and Workforce Development to be hazardous or injurious to the life, health, safety, or welfare of such minor, after a public hearing thereon and after such notice as the commissioner may by regulation prescribe.
None of the provisions of this section regarding employment in connection with alcoholic liquors shall be construed to prevent the employment of minors 16 years of age or more in a restaurant as defined in section 1 of P.L.1940, c.153 (C.34:2-21.1) and as provided for in section 3 of P.L.1940, c.153 (C.34:2-21.3), in a public bowling alley as provided in this section, or in the executive offices, maintenance departments, or pool or beach areas of a hotel, motel or guesthouse; provided, however, that no minor shall engage in the preparation, sale or serving of alcoholic beverages, nor in the preparation of photographs, nor in any dancing or theatrical exhibition or performance which is not part of a theatrical production where alcoholic beverages are sold on the premises, while so employed; and provided, further, that any minor so employed shall be closely supervised while engaged in the clearing of alcoholic beverages.
Nothing in this section shall be deemed to apply to the work done by pupils in public or private schools of New Jersey, under the supervision and instruction of officers or teachers of such organizations or schools, or to a minor who is 17 years of age employed in the type of work in which such minor majored under the conditions of the special vocational school graduate permit provided in section 15 of P.L.1940, c.153 (C.34:2-21.15).
Nothing in this section shall be construed to prevent minors 16 years of age or older who are members of a Junior Firemen's Auxiliary, created pursuant to N.J.S.40A:14-95, from engaging in any activities authorized by N.J.S.40A:14-98.
Notwithstanding any provision of this section to the contrary, a minor who is 15 years of age or older may work as a cashier or bagger on or near a supermarket or retail establishment cash register conveyor belt.
(cf: PL.1994, c.82, s.3)
2. Section 1 of P.L.1994, c.82 (C.34:2-21.17d) is amended to read as follows:
1. Concurrent with all other provisions of P.L.1940, c.153 (C.34:2-21.1 et seq.), minors who are 14 through 17 years of age shall be permitted to work as volunteers for nonprofit organizations engaged in the construction of [affordable] housing as determined by the Commissioner of Labor and Workforce Development subject to the following provisions:
a. That under no circumstances shall a minor be permitted to work in a project involving the construction of [affordable] housing that is in any way associated with a profit-making commercial enterprise;
b. That no minor shall operate, perform maintenance, clean, inspect or work in, about, or in connection with any power-driven machinery involved in the construction of [affordable] housing;
c. That no minor shall engage in the construction of [affordable] housing without the safety equipment required by law;
d. That no minor shall be permitted to work as a volunteer in the construction of [affordable] housing except under the direct supervision of an adult;
e. That no minor shall be exposed to hazardous waste products or other hazardous substances;
f. That no minor shall be permitted to work on any excavation, scaffolding or roofing;
g. That no minor shall be permitted to work:
(1) during school hours;
(2) before 7 a.m.;
(3) after 7 p.m.; except that minors may work until 9 p.m. between Memorial Day and Labor Day;
(4) for more than five consecutive hours without a half-hour break; and
(5) for more than 18 hours per week when school is in session; and
h. That the nonprofit organization engaged in the construction of [affordable] housing has secured liability insurance to provide compensation for all injuries, including, but not limited to, occupational illness, sustained by minors working voluntarily in the construction of [affordable] housing. The insurance required by this section shall have coverage limits of at least $2,500,000 per occurrence, at least $2,500,000 aggregate per year and $250,000 for property damage, or such higher amounts as the Commissioner of Banking and Insurance may promulgate from time to time to adjust for inflation.
(cf: P.L.1994, c.82, s.1)
3. Section 2 of P.L.1994, c.82 (C.34:2-21.17e) is amended to read as follows:
2. A minor working voluntarily in the construction of [affordable] housing pursuant to section 1 of [this act] P.L.1994, c.82 (C.34:2-21.17d) shall not be deemed an employee under R.S.34:15-36. A nonprofit organization which uses the services of a minor under this act shall not be subject to R.S.34:15-10, provided that the nonprofit organization has fully complied with P.L.1940, c.153 (C.34:2-21.1 et seq.) and the provisions of [this act] P.L.1994, c.82 (C.34:2-21.17d et al).
(cf: P.L.1994, c.82, s.2)
4. This act shall take effect immediately.
STATEMENT
This bill would permit youth between the ages of 14 to 17 to engage in housing construction activities if the youth are volunteers for an approved nonprofit organization.
Currently, State law prohibits any child under the age of 18 from participating in construction activities, except as a volunteer in the construction of affordable housing for a nonprofit organization, an exemption that is more commonly referred to as the "Habitat for Humanity" exemption.
This bill eliminates the qualifier of "affordable" from housing and permits minors to participate as volunteers in the construction of any housing that is not being constructed for profit. This change will allow youth groups to participate in "Restore the Shore" efforts in New Jersey.
Thousands of homes were damaged or destroyed during Superstorm Sandy and nonprofit organizations are facilitating the participation of various youth groups to come to the State and help rehabilitate and rebuild damaged buildings, some of which may not qualify as "affordable" housing.
This bill would eliminate any concerns the nonprofit groups may have with the minors participating in the construction of housing and provide guidelines for the participation of the youth.
