The Hawaii State Executive Council for School-to-Work Opportunities (STWO) is pleased to distribute to the education and business communities this school-to-work guidebook on labor laws. In general it covers what participants of the STWO system should know about federal and Hawaii labor laws and other legal requirements that affect students and employers as they take part in work-based learning. Hawaii s STWO system is led by an Executive Council composed of 15 members to oversee and administer Hawaii s school-to-work system. The council is composed of five State Department heads (Education; Labor and Industrial Relations; Business, Economic, Development, and Tourism; Department of Human services; and the University of Hawaii) and representatives from business and industry, organized labor, and community-based organizations. The council is chaired by Mr. Murray Towill, the president of the Hawaii Hotel Association. On May 4, 1994 President Clinton signed into law the School-to-Work Opportunities Act (STWOA), P. L. 103 239. The STWOA is designed to encourage states to organize a school-to-work system that includes three major components. The first is school-based learning, which includes classroom instruction based on high academic and occupational skill standards. The second is a continuum of connecting activities that develop career planning and decisionmaking and links classroom to worksite learning. The third is work-based learning, which covers a range of work experiences, from career shadowing to mentoring and other structured training activities at work sites. Work-based learning is not new. In fact the best example is apprenticeship, which may be the oldest form of training in the West. It is not new in Hawaii; schools have been offering students internships, cooperative education, and work-study almost from their inception. What is new is making work-based learning an integral part of the education of our youth and making it available to all students. Historically, educators and their business partners have experienced certain problems in operating work-based learning programs. They include conforming to national and local labor laws, concerns about civil liability for student injury, and concerns about protecting young workers in certain employment situations (e. g. liquor establishments). It is the intent of this guidebook to address some of these concerns by describing the various federal and state laws and regulations that affect workplace learning. For example, at the national level the Fair Labor Standards Act (FLSA) protects the rights, safety and well-being of youth workers in the United States. It is important to know that the STWOA does not allow waivers of the Fair Labor Standards Act. In fact the law specifically prohibits the Secretaries of Labor and Education from waiving any statutory or regulatory requirements relating to labor standards and safety and health. When they are differences among state, federal, or local laws and regulations, the stricter standards apply. The guidebook also includes the standards set by the STWOA itself. In some cases they are more stringent than the existing laws and regulations. The guidebook is not designed to answer all questions or address problems arising in all situations. Rather it is intended to serve as a basic guide to existing laws. The guide was prepared with the cooperation of three agencies, the Commission on Employment and Human Resources, Department of Labor and Industrial Relations (DLIR); the Department of the Attorney General; and the Office of Instructional Services, Department of Education. We are grateful for the services of Rex Fujichaku, a student intern from the William S. Richardson School of Law, University of Hawaii at Manoa, who did the major part of the research and writing for the project.

School-to-Work Opportunities System Requirements Since Hawaii is receiving an School-to-Work Opportunities Act grant, it must comply with certain federal standards for all participants in the school-to-work system. The standards are designed to protect the rights of both employees and employers, uphold certain labor agreements in force throughout most of the nation, and reinforce existing federal labor laws. The Act sets forth the following seven standards. 1. No student displaces any currently employed worker. 2. No program impairs existing contracts for services or collective bargaining agreements. Any program inconsistent with the terms of a collective bargaining agreement cannot be undertaken without the written concurrence of the labor organization and employer concerned. 3. No student is employed or fills a job -- (a) when any other individual is on temporary layoff, with the clear possibility of recall, from the same or any substantially equivalent job with the participating employer, or (b) when the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of using a student to fill such a vacancy. 4. The students are provided with adequate and safe equipment and safe and healthful workplaces in conformity with all health and safety requirements of federal, state, and local laws. 5. All federal or state laws prohibiting discrimination on the basis of race, religion, color, ethnicity, national origin, gender, age, or disability are enforced. 6. The funds awarded under the STWO Act are not expended for wages of students or workplace mentors. 7. The students are afforded adequate supervision by skilled adult workers.

Differences Between Paid and Unpaid Internships One of the more important distinctions that those involved with STW programs must understand is that between paid and unpaid internships in regard to state and federal labor laws. The Congressional authors of the STWOA strongly advocate that all students be provided the opportunity to take paid employment as part of their work-based experiences. However, they realized that not all educational institutions, especially those in rural and isolated areas, would be able to provide such paid experiences. For this reason they set forth a broad definition of work-based learning. As a result the Act allows both paid and unpaid employment, while at the same time encouraging the former. A. Paid Internships If a private business pay wages to a student in a STW program, that business will be considered the employer of the student. This means that the student will occupy the same legal status as a regular employee of the business. The business therefore should be made aware that it must comply with all the labor laws and regulations with respect to the student just as it does for its regular employees. Specifically, the business must: Pay students at least the state minimum hourly wage (except for students eligible for special minimum wages, see 4. Wage Law section) and comply with other wage and hour laws. Comply with child labor laws for students under 18 years of age. Pay all federal and state payroll taxes (except for federal unemployment insurance tax, see Section 9). Provide temporary disability insurance coverage to eligible students. Provide prepaid health coverage to eligible students. Comply with occupational health and safety laws and regulations. Employers must provide workers' compensation coverage. However, the recent adoption into law of Act 231 places the responsibility of workers' compensation coverage for STWO student interns on the State. The State will be considered the employer of the student for workers' compensation purposes only. The Act also provides that workers' compensation will be the exclusive remedy against the State and the business employing the student in case of injury or death of the student during the work-based learning component of the program. Each of the above requirements will be described in more detail in the following sections of this guidebook. B. Unpaid Internships If a private business does not pay wages to a STWO intern, the student is not considered an employee. This means that labor laws may not apply to this student because an employment situation does not exist. This may lead some private business to require non-paid students to sign a waiver absolving the business of all liability as a condition of the internship. When a student, however, is not an employee and labor laws do not apply, the federal administrators of the STWOA strongly encourage states to adhere to child labor laws, particularly those pertaining to hazardous occupations. The laws can serve as a guide to ensure placing students in safe and healthy environments. There are many traditional work-based learning activities that are not considered employment subject to the FLSA or similar state laws. These include activities related to developing career awareness and exploration. Examples are field trips to a work site, job shadowing (students follow and observe an employees in their daily activities, but perform no work), and mentoring programs. These activities usually can be provided to students both over and under 14 years of age. However, the absence of wages may not necessarily mean that an employment relationship does not exist between the student and the business. In order to avoid the creation of an employment relationship, STWO participants must be careful that the unpaid internship complies with the six criteria below. These criteria are used by the U.S. Department of Labor and DLIR Enforcement Division to determine whether an employment relationship exists in regards to payment of wages. If all six criteria are satisfied, a person is not considered an employee. The six criteria are: 1. The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school; 2. The training is for the benefit of the trainees; 3. The trainees do not displace regular employees, but work under close observation; 4. The employer that provides the training derives no immediate advantage from the activities of the trainees and on occasion its operations may actually be impeded; 5. The trainees are not necessarily entitled to a job at the completion of the training period; and 6. The employer and the trainees understand that the trainees are not entitled to wages for the time spent in training. There is another set of criteria that must be used to determine whether a participant has employee status. The work site must provide a learning experience as defined in the STWOA. There are four elements that constitute a learning experience. If any of these elements are not met, a STW student could be considered an employee. A learning experience must include: 1. a planned program of job training and work experience, appropriate to the student s abilities, which includes preemployment and employment skills mastered at progressively higher levels. These must be coordinated with school-based learning and lead to the awarding of skill certificates; 2. a sequence of activities that build upon one another, increasing in complexity and promote mastery of basic skills; 3. a structure that exposes the student to all aspects of an industry and promotes the development of broad, transferable skills; and 4. real or simulated tasks or assignments which push students to develop higher-order critical thinking and problem-solving skills. If the unpaid internship is considered to be a learning experience as defined by STWOA, federal child labor laws do not apply. Under STWOA, students may receive stipends, which is optional. A stipend is limited to reimbursement for expenses such as books, uniforms, or tools. A stipend may not be used as a substitute for wages. There are no stipulations for the length of a learning experience, as long as the four criteria are met. Proposed legislation would place all non-paid STWO student interns as volunteers of a State agency, either the DOE or the University of Hawai i, as applicable. The student therefore would have the benefit of being considered as an employee of the State, not the business, for civil liability purposes. The student would also be eligible to have any reasonable medical and hospital expenses paid for by the State if the student were to be injured in the performance of service to the State. These expenses would be paid for by the State if payment has not been secured from the State or county under any other provision of law or from any third person.

Wage Laws All private businesses who pay wages to student interns during the work-based learning component of the program must offer at least the state minimum hourly wage. This means that, currently, employers in Hawai i must pay their employees a wage of at least $5.25 per hour. For employees who earn tips, the hourly wage meets the legal minimum if the employee is paid a wage of at least $5.05 per hour and the combined amount (wage + tip) is at least $5.75 per hour. An employer may apply to DLIR Enforcement Division for a student-learner certificate which would entitle the employer to pay high school students a special minimum rate that is lower than the state minimum wage. Upon receipt of the certificate, the employer may pay the student 75% of the prevailing minimum hourly wage. Such a certificate will prescribe employment limitations and is valid for only one year. Eligible students for the student-learner certificate must be: at least 16 years old; attending high school; and employed on a part-time basis pursuant to a vocational training program authorized and approved by the DOE or by the principal of their school. Students must be attending school while being paid the special minimum rate; they therefore must be attending summer school classes if the special minimum rate were to apply during summer. If a student works more than 40 hours a week, the student must be paid overtime compensation beyond the 40 hours at a rate of 1-1/2 times the regular hourly wage.

Child Labor Laws There are both state and federal laws governing the employment of children and youth. The following describes them. However, since Hawaii receives a STWO grant, it must follow rules and regulations that may be more stringent than state or federal laws. This is true for hours of employment. The intent of work-based learning is to improve educational achievement; it does not have economic purposes. According to studies, paid employment, if excessive, can be a detriment to learning. A. Employment and Age Certificates Prior to starting a paid work internship, 14 and 15 year olds must obtain an employment certificate and 16 and 17 year olds an age certificate. Although the minor need not personally apply for the certificate, the individual obtaining them must present the required documents. There is no charge for these certificates. Applications may be obtained at the DLIR Enforcement Division office at 830 Punchbowl Street, Room 340, or at the Neighbor Island offices or at a satellite city hall on Oahu. Applicants must provide two documents : a social security card; and a proof of age document. Acceptable proof of age documents include a birth certificate, a driver's license, school records, court records, a passport, or an alien card. The completed application must be signed by the employer and the student's parent or guardian. The employment certificate will be issued to the employer. If the student changes jobs, he or she must go through the process of obtaining another certificate for the new employer. In order for DLIR to issue an age certificate, the applicant must provide a proof of age document. Additionally, the DLIR requires the minor's social security number, home address, and home telephone number. No application is needed for the age certificate. The certificate is issued to the student; however, the employer must record and keep on file the certificate number. DLIR may suspend, revoke, or invalidate either certificate if it determines the certificate was improperly issued, the student is illegally employed, or the nature or condition of employment is such as to injuriously affect the health, safety or well-being or contribute to the delinquency of the minor. B. Limitations on Hours of Employment The limitation on hours of employment imposed on STWO participants are more stringent than that under federal or state child labor laws. STWO student interns may be employed or permitted to work only under all the following conditions: The student works during periods when the student is not legally required to attend school or when the student is excused by school authorities from attending school. The student works no more than six consecutive days and no more than 40 hours in any one week. During the school year, the combined hours of work and hours in school of a student employed outside school hours cannot exceed ten in a day. In other words, if instruction at the school campus lasts six hours per day, the work-based learning at the worksite cannot exceed four hours per day. The maximum does not include transportation time to and from the school campus and the worksite. On weekends and holidays, the student cannot work more than eight hours a day. During the school year, the student cannot work before 7:00 a.m. and past 7:00 p.m. From June 1 through Labor Day, the student cannot work before 6:00 a.m. and past 9:00 p.m. The student works no more than five hours continuously without an interval of at least 30 consecutive minutes for a rest or meal period. C. Hazardous Occupations No student under the age of 18 can be employed in any occupation prohibited by law or which has been declared by the U.S. Secretary of Labor or the DLIR Director to be hazardous for the student. The following are considered hazardous for minors under 18 years old: Manufacturing or storing explosives; Driving motor vehicles; Mining coal; Logging and sawmilling lumber; Operating power-driven woodworking machines; Being exposed to radioactive substances and to ionizing radiation; Operating power-driven hoisting apparatus; Operating power-driven metal forming, punching, and shearing machines; Conducting mining operations, other than coal; Slaughtering, packing, or processing meat; Operating power-driven bakery machines; Operating power-driven paper products machines; Manufacturing brick and tile; Operating power-driven circular saws, band saws, and guillotine shears; Wrecking, demolishing, and other shipbreaking operations; Performing roofing operations; and Performing excavation operations. Exact descriptions of what is prohibited or permitted under these hazardous occupations are located in Appendix A. Careful structuring of the worksite component can ensure that students do not operate certain machinery, work in prohibited areas, or perform certain tasks, thus satisfying DLIR concerns. Students under 18 years old may be employed in certain hazardous occupations as a student-learner if the student is enrolled in a course of study and training in a cooperative vocational training program authorized and approved by the DOE, provided that: The employment is intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person; and Safety instructions are given by the school and correlated by the employer with on-the-job training. As noted in the above list of hazardous occupations, minors are not permitted to drive on the job. This even applies to student-learners and apprentices, who, based on special provisions, are allowed to work in certain hazardous occupations. Minors may drive on the farm, but not on a public highway. There are certain restrictions that apply to minors under 16 years of age who drive farm equipment. However, driving that is occasional and incidental is permitted. Incidental means that driving is limited to no more than 20 percent of the minor s work in any day and does not exceed five percent of the minor s work time in a week. Occasional means a minor can drive on average no more than once a work week or no more than four times a month. There are no restrictions placed on home-to-work driving for those with valid drivers licenses and using their personal vehicles. This is considered to be outside of work hours and not covered by labor laws. D. Permitted Occupations for Minors 14 Years Old and Over in Retail, Food Service, and Gasoline Service Establishments Minors fourteen years old and over are permitted to be employed in the following occupations in retail, food service, and gasoline service establishments: Office and clerical work, including operating office machines. Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and comparative shopping. Price marking and tagging by hand or by machine, assembling orders, packing, and shelving. Bagging and carrying out customers' orders. Errand and delivery work by foot, bicycle, and public transportation. Cleanup work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds, but not including the use of power-driven mowers or cutters. Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of such work, such as, but not limited to, dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, and coffee grinders. Work in connection with cars and trucks if confined to the following: a. Dispensing gasoline and oil; b. Courtesy service on premises of gasoline service station; c. Car cleaning, washing, and polishing; or d. Other occupations permitted by this section. But not including work: a. Involving the use of pits, racks, or lifting apparatus; or b. Involving the inflation of any tire mounted on a rim equipped with a removable retaining ring. Cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing, and stocking goods when performed in areas physically separate from areas where meat is prepared for sale and outside freezers or meat coolers. E. Prohibited Occupations for 14 and 15 Year Old Minors Fourteen and fifteen year old minors may be employed in any occupation except the excluded occupations listed below: Any manufacturing occupation. Any mining occupation. Processing occupations such as filleting of fish, dressing poultry, cracking nuts, or laundering as performed by commercial laundries and dry cleaning (except in a retail, food service, or gasoline service establishment in those specific occupations expressly permitted there in accordance with the foregoing list). Occupations requiring the performance of any duties in workrooms or workplaces where goods are manufactured, mined, or otherwise processed (except to the extent expressly permitted in retail, food service, or gasoline service establishments in accordance with the foregoing list). Public messenger service. Operation or tending of hoisting apparatus or of any power-driven machinery other than office machines and machines in retail, food service, and gasoline establishments which are specified in the foregoing list as machines with such minors operate in such establishments. Any occupations found and declared to be hazardous (see Appendix A). Occupations in connection with: a. Transportation of persons or property by rail, highway, air, on water, pipeline, or other means. b. Warehousing and storage. c. Communications and public utilities. d. Construction (including repair). Except office and sales work in connection with a., b., c., and d. when not performed on transportation media at the actual construction site. Any of the following occupations in a retail, food service, or gasoline service establishment: a. Work performed in or about boiler or engine rooms. b. Work in connection with maintenance or repair of the establishment, machines or equipment. c. Outside window washing that involves working from window sills, and all work requiring the use of ladders, scaffolds, or their substitutes. d. Cooking (except at soda fountains, lunch counters, snack bars, or cafeteria serving counter) and baking. e. Occupations which involve operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers and cutters, and bakery-type mixers. f. Work in freezers and meat coolers and all work in preparation of meats for sale (except wrapping, sealing, labeling, weighing, pricing, and stocking when performed in other areas). g. Loading and unloading goods to and from trucks, railroad cars, or conveyors. h. All occupations in warehouses except office and clerical work. F. Hazardous Occupations Involved in Agriculture for Minors Under 16 Years Old The following occupations in agriculture are declared hazardous for minors under 16 years old: Transporting, transferring, or applying anhydrous ammonia. Handling, applying, cleaning, or decontaminating equipment that is associated with any pesticide restricted by the rules of the state Department of Agriculture or the occupational safety and health standards of DLIR. Operating a tractor of over 20 power take-off (PTO) horsepower or connecting or disconnecting an implement or any of its parts to or from such tractor. Operating or assisting to operate (including starting, stopping, adjusting, feeding, or any work involving physical contact associated with the operation of) any of the following machines: a. corn picker, rotary flailing type forage harvester; b. feed grinder, crop dryer, silo filler, roughage blower, auger conveyor, or the unloading mechanism of a non-gravity type self-unloading wagon or trailer; c. non-walking-type rotary tiller, post-hole digger, and post-driver; d. earthmoving, trenching; e. fork lift, potato combine; and f. power-driven circular, band, or chain saw. Working in a yard, pen, or stall occupied by a bull, boar, stud horse, cow with newborn calf, or sow with newborn pig. Working from a ladder or scaffold at a height of over 20 feet. Felling, bucking, skidding, loading, or unloading timber with a butt diameter of more than six inches. Working inside any storage of a gas-tight nature, inside a silo within two weeks after silage has been added, inside a silo when a top unloading device is in operating position, or inside a manure pit.

Workers Compensation Workers' compensation provides for compensation by the employer to an employee or the employee's dependents if the employee suffers personal injury either by accident or by disease proximately caused by or resulting from the nature of the employment. Workers' compensation is the exclusive remedy of the employee against the employer for such injury or disease; all other liability is barred. Act 231 (H.B. 1800) was recently signed by the Governor. Act 231 encourages private businesses to participate in hiring STWO student interns by having the State assume the responsibilities of the student's employer for the purposes of workers' compensation coverage. Workers' compensation will be the exclusive remedy against the State and the private business in case of injury or death of the student while in the program. (See Sec. 10, Occupational Safety and Health for related provisions of Act 231).

Temporary Disability Temporary disability insurance (T.D.I.) covers employers who are unable to work because of an off-the-job sickness or injury. Qualified workers get paid disability or sick leave benefits to partially replace lost wages. T.D.I. does not include medical care. If the student is paid wages, the private business must provide T.D.I. coverage to eligible STWO student interns. Student interns may be eligible for T.D.I. benefits if: they worked at least 14 weeks during which they worked for 20 or more hours per week; and earned at least $400 in the four completed calendar quarters preceding the first day of disability.

Prepaid Health Care The Prepaid Health Care Act was enacted to extend health care coverage to workers who do not possess any or possess only inadequate coverage under collective bargaining agreements or employer-sponsored plans. Student interns will be eligible for health care coverage under a plan sponsored by the private business if: the student works 20 or more hours per week for four consecutive weeks; and earns at least 86.67 times the state minimum hourly wage. An employer who employs a student as a student-learner under the special minimum wage certificate therefore would not be obliged to cover the student under a prepaid health plan, since the student will earn less than 86.67 times the state minimum hourly wage. Private businesses could be exempt from providing prepaid health coverage to eligible students if the student declines coverage for the following reasons: The student is protected by health insurance or any other prepaid health care plan established under any law of the United States. The student is covered as a dependent under a prepaid health care plan, entitling the student to the health benefits required by the Prepaid Health Care Act. Some students are covered under their parents family health plans. A waiver of coverage may be signed by the student's parents, releasing the private business from extending health care coverage to the student. The student is a recipient of public assistance or covered by a prepaid health care plan established under the laws of the United States governing medical assistance (e.g., Medicare).

Unemployment Insurance Unemployment insurance (UI) provides temporary financial assistance to qualified workers who are unemployed due to no fault of their own and meet certain legal requirements. Employers pay all costs of UI through a federal and a state tax on their payrolls. If the student intern is paid wages by the private business, the student may be eligible for UI benefits after graduation from high school provided all eligibility qualifications are satisfied. Under federal law private businesses are exempt from paying the federal UI payroll tax for full-time students in a paid STWO internship. This is due to a specific exemption in federal tax legislation that covers STWO-type student interns. However, private businesses must currently pay the state UI payroll tax for paid STWO students. Legislation that would exempt employers for paying the state UI tax for full-time students in a STWO internship is currently being proposed.

Occupational Safety and Health It is important for employers to understand that they have the responsibility to provide safe and healthful workplaces. Citations and penalties of up to 70,000 dollars may be proposed for violations of the Hawaii Occupational Safety and Health Standards. Employees have an obligation to obey the company s safety and health rules and policies, and employers must ensure that such rules and policies are clearly communicated and uniformly enforced. Such actions are important because teenagers have the highest occupational fatality rate in the nation. Under Act 231 (H.B. 1800), the DOE has the duty to inspect annually each facility where students may be placed for work-based learning prior to the students' placement in such facilities. However, this does not relieve the employer from the responsibility to provide and maintain safe and healthful workplaces. A copy of the Occupational Safety and Health Standards as well as more information may be obtained at 830 Punchbowl Street, Room 423, Honolulu, Hawaii.

Employment in Liquor Licensed Establishments Minors under 18 years old are forbidden to work at a business which has a liquor license in sections where alcoholic beverages are sold, served, or consumed unless the business has obtained written permission from the county Liquor Commission for the employment of such a minor. Applications to permit employment of minors in licensed premises must include: Proof that the proposed employee is at least 16 years old; Written consent of a parent or guardian; A certificate of employment and age; and A letter from a school counselor or other school official attesting to a satisfactory academic grade standing or graduation certificate. In any event, the duties of the minor shall not include selling or serving liquor. For instance, the student intern at a hotel would not be able to serve as a waiter or waitresses in a hotel restaurant, but would be able to work at the front desk. The licensed business must provide adequate supervision while the minor is being employed on the licensed premises.

Appendix Hazardous Occupations:Order One to Seventeen Hazardous Occupations Order One Manufacturing or Storage Occupations Involving Explosives Occupations PROHIBITED for 16- and 17-year old persons Occupations PERMITTED for 16- and 17-year old persons 1. All occupations in or about any plant or establishment manufacturing or storing explosives or articles containing explosive components, except where the occupation is performed in a "nonexplosives area" (see right column). 1. All occupations in or about any plant or establishment manufacturing or storing explosives or articles containing explosive components where the occupation is performed in a "nonexplosives area". Does not include small-arms ammunition, shotgun shells, or blasting caps. .2 The following occupations in or about any plant or establishment manufacturing or storing small-arms ammunition not exceeding .60 caliber in size, shotgun shells, or blasting caps when manufactured or stored in conjunction with the manufacture of small-arms ammunition: (a) The manufacturing, mixing, transportation, or handling of explosive compounds in the manufacture of small-arms ammunition and all other occupations requiring the performance of any duties in the explosives area in which explosive compounds are manufactured or mixed; (b) The manufacturing, transportation, or handling of primers and all other occupations requiring the performance of any duties in the same building in which primers are manufactured; An area meeting all the criteria (a) through (d) shall be deemed a "nonexplosives area": (a) None of the work performed in the area involves the handling of or use of explosives; (b) The area is separated from the explosives area by a distance not less than that prescribed in the American Table of Distances for the protection of inhabited buildings; (c) The area is separated from the explosives area by a fence or is otherwise located so that it constitutes a definite designated area; and (d) Satisfactory controls have been established to prevent employees under 18 years of age within the area from entering any area in or about the plant which does not meet criteria (a) through (c). (c) The priming of cartridges and all other occupations requiring the performance of any duties in the same workroom in which rim-fire cartridges are primed; (d) The plate loading of cartridges and in the operation of automatic loading machines; (e) The loading, inspecting, packing, shipping and storage of blasting caps. 2. Occupations in retail establishments selling explosives or articles containing explosive components, such as hardware stores or building suppliers. Hazardous Occupations Order Two Motor Vehicle Occupations Occupations PROHIBITED for Occupations PERMITTED for 16- and 17-year old persons 16- and 17-year old persons 1. Driver of a motor vehicle or outside helper involving work: (a) on any public road or highway; (b) in or about any mine (including open pit and quarry); (c) in or about any place where logging or sawmill operations are in progress; or (d) in any excavation of the type identified in Order 17. 2. Towing of vehicles. 1. Driver of automobiles or trucks not exceeding 6,000 lbs. gross vehicle weight if: (a) the operation is restricted to daylight hours; (b) such operation is only occasional and incidental to the minor's employment; (c) the minor holds a license valid for the type of driving involved in the job to be performed and has completed a state approved driver education course; and (d) the vehicle is equipped with a seat belt or similar device for the driver and each helper, and the employer has instructed each minor to use the belts or other safety devices, and has taken appropriate steps to assure such use. Hazardous Occupations Order Three Coal Mine Occupations Occupations PROHIBITED for Occupations PERMITTED for 16- and 17-year old persons 16- and 17-year old persons 1. All types of work performed in any underground working, open-pit, or surface part of any coal-mining plant that contribute to the extraction, grading, cleaning, or other handling of coal, except that permitted in the right column.1. Slate or other refuse picking at a picking table or picking chute in a tipple or breaker.

Hawaii School-to-Work Opportunities Executive Council Murray Towill (Chairperson) President Hawaii Hotel Association Dr. Paul LeMiehu Superintendent Department of Education Lorraine H. Akiba Director Department of Labor and Industrial Relations Haunani Apoliona President/CEO Alu Like, Incorporated Susan Chandler Director Department of Human Services Wayne Hedani Property Manager Kapalua Land Company Glenn Hong President Hawaiian Tug and Barge Corporation William Honjiyo Vice President Grove Farm Properties William Johnson Training Coordinator Glaziers, Architectural, Metal & Glass Workers Apprenticeship Union Dr. Karla Jones State Director Office of the State Director for Vocational Education Dr. Kenneth Mortimer President University of Hawaii Dr. Seiji Naya Director Department of Business, Economic Development and Tourism Albert Nishimura Senior Vice President and First Hawaiian Bank Gary Rodrigues President AFL-CIO Tony Vericella Executive Vice President Budget Rent-A-Car Staff Anthony CalabreseDepartment of Education Patrick NaughtonU. H. Community Colleges If you have any questions on the contents of this guidebook, call the Department of Education at 733 9120 or the Commission on Employment and Human Resources at 586-8670. Draft August 1995 State of Hawaii Benjamin J. Cayetano School-to-Work Guidebookon Labor Laws for student work-based learning situations

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