Purpose

Special variances allow 16- and 17-year-old minors to work additional hours during the school year:

Agriculture

• Up to a maximum of 6 hours per day on any school day preceding another school day.

Non-Agriculture

• Up to a maximum of 6 hours per day on any school day preceding another school day and up to 28 total hours per week.

Employers do not need to apply to L&I to get a special variance. Employers only need to have the minor’s parent or legal guardian and school representative sign the special variance section of the Parent School Authorization. Sixteen- and 17-year-old minors with a special variance must follow all other hours of work requirements.

Special variances expire at the end of the school year. Employers must complete a special variance at the beginning of each new school year.

In evaluating requests for special variances, a school must consider at least the following factors:

• Does the employer hold a current valid minor work permit endorsement?
• What is the student's attendance pattern?
• Is the student making satisfactory academic progress?
• Will the student still have opportunities to participate in extracurricular activities?
• How many school nights will the student work?
• How late in the evening will the student work?
• How long will the student’s work shift be?
• How sound is the student's rationale for requesting a variance from the work hour restrictions?

A parent, legal guardian, or school may revoke a special variance at any time by simply notifying the other parties on the variance.
For special variances for minors see WAC 296-125-161 and WAC 296-122-140.

Purpose

A minor work variance request is for 16- and 17-year-old minors to work additional hours beyond what a special variance allows. Under specific circumstances, 16- and 17-year-old minors may be able to perform additional duties with a variance request. An employer must apply for a minor work variance for minors performing house-to-house sales. A minor work variance is available for minors working in agricultural and non-agricultural jobs. 

How to apply for the variance

Employers may seek a minor work variance by submitting a Variance Application – Minor Work to L&I.

The application must specify the good cause reason why the variance is being requested and must be signed by the employer, the minor, and the minor's parent or guardian. If the variance is approved, L&I will email the approval to the employer. L&I will contact the employer if the variance is denied or if L&I needs additional information.

How to renew

A minor work variance expires on the expiration of the employer’s minor work permit endorsement, unless the variance was issued with an earlier expiration date. To renew a variance, employers must submit a new application.

Exceptions

Some minors may fall under hours of work exceptions and exemptions, that would not require a minor work variance. For more information visit Hours of Work.

For variances for minors see WAC 296-125-151 and WAC 296-122-130.

Purpose

Minors employed in theatrical jobs may work additional hours, earlier or later than normally allowed, or work during regular school hours, if approved by L&I. Theatrical variances are only valid for minors working in Washington State.

L&I recommends using the Screen Actors Guild (SAG) guidelines when setting the hours of work for child actors.

Employers do not need permission from a superior court for minors under the age of 14 to work in theatrical jobs. Minors under 14 must follow the hours of work, prohibited duties, rest and meal break rules for minors under 16.

How to request approval

It is in the employer’s best interest to apply for the theatrical variance as soon as the employer has identified the minor(s), production date(s) and time(s). The employer must have an active minor work permit endorsement on their business license, apply for the Theatrical Variance using Theatrical Minor Work form and send the following documentation for every minor listed on the application:

• Parent/School Authorization form or Parent Authorization for Summer Work form (Only when hired during summer break).
• Proof of minor’s age:
  • Birth certificate.
  • Federal identification, such as a passport.
  • Driver's license.
  • Notarized statement from the parent or legal guardian.

Applications must be complete and detail the minor's working conditions, planned work schedule, adult supervision of the minor, and any planned educational programs.

Purpose

With a seasonal group variance application, employers are allowed to request 16- and 17-year-old minors work additional hours during peak season in non-agricultural and agriculture jobs. Employers are allowed to request 14- and 15-year-old minors work additional hours during peak season in agriculture jobs and during non-school weeks.

How to request approval

Complete and send the Variance Application – Seasonal Group Minor Work to L&I for review. Employers must list the number of minors covered by the variance, the seasonal employment start and end dates, and the hours of work requested for the peak season.

The application must also specify the reason why the variance request should be granted. The employer, or the organization representing employers, must give written notice to the employees so that they may submit their views to the department on variance requests.

How to renew

The special group variance expires on your requested expiration date, usually at the end of harvest or summer break. You must submit a new variance request to renew a seasonal group variance.

Purpose

A student-learner variance allows 16- and 17-year-olds participating in a Washington State Registered Apprenticeship program, a Career and Technical Education (CTE) Worksite Learning program, or a substantially similar program conducted by a private school as a student-learner, to operate some tools and equipment that would normally be prohibited for minors. Under a student-learner variance obtained by the employer, minors working in agricultural and non-agricultural industries may be allowed to do the following prohibited duties:

• Operation or repair, oiling, cleaning, adjusting, or setup, of:
  • Power-driven woodworking machines.
  • Power-driven metal-forming, punching, and shearing machines.
  • Power-driven circular saws, band saws, guillotine shears, reciprocating saws, wood chippers, and abrasive cutting discs.
• Loading of certain scrap paper balers and paper box compactors (but no operating or unloading the machines).
• Operation of power-driven meat-processing machines or slaughtering, meat and poultry packing, processing, or rendering.
• Roofing operations and work on or around a roof.
• Manual excavation operations

In non-agricultural industries, employers may also apply for a student-learner variance for firefighting and fire suppression duties.

Consultation

Before L&I can grant a student-leaner variance, an employer must complete a:

• L&I Division of Occupational Safety and Health (DOSH) consultation at the worksite; and a
• Child labor consultation on the types of tools, equipment, and practices covered by the variance.

After the employer applies for the variance, L&I will contact the employer to schedule the safety and health consultation. Once the safety and health consultation is finished, L&I’s child labor unit will contact the employer to review the types of tools, equipment, and practices covered by the variance.

Variance conditions

To receive a student-learner variance, employers must follow certain conditions which vary depending on whether the minor is participating in an apprenticeship or a worksite learning program. Employers who fail to follow the variance conditions may be subject to a citation and notice of assessment for the violation.

Variance conditions for employers participating in a registered apprenticeship:

• The employer must be a participant in an approved registered apprenticeship program through the Washington State Apprenticeship & Training Council (WSATC). Visit Apprenticeship for Employers for more details.
• The minor must be registered with the WSATC. Visit Become an Apprentice for more details.
• Any work the minor performs relating to a prohibited duty must be incidental to their training, intermittent and for short periods of time, and under the direct and close supervision of a journey-level craftsperson.

Variance conditions for employers participating in worksite learning programs:

• The minor must be enrolled in a CTE worksite learning program under the Washington Office of Superintendent of Public Instruction (OSPI) or in a similar program conducted by a private school. Visit Work-Based Learning for more details.
• The program must include a written agreement specifying that any work minors perform relating to the prohibited duty must be incidental to their training, intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person.
• The written agreement includes the name of the student-learner, and is signed by the student, parent, employer, and by a person authorized to represent the school, such as the worksite learning coordinator. The minor’s school and employer must keep copies of the agreement.
• The employer’s on-the-job training correlates with the school’s safety instruction.
• The employer prepares a schedule of organized and progressive work processes to be performed on the job.

Intermittent and short periods of time

Under a student-learner variance, work involving an approved prohibited duty must be intermittent and for short periods of time. This means that the minor:

• May not be the principal operator of prohibited machinery.
• Must work under the close and direct supervision of a fully qualified and experienced adult, such as a journey-level craftsperson.
• May only operate the prohibited machinery as part of the training experience and cannot be assigned to constantly operate the machinery during the work shift.
• Cannot be a production worker who is responsible for spending a significant portion of the workday operating prohibited machinery or performing prohibited tasks.
• Cannot perform otherwise prohibited work for more than one hour a day.
• Cannot perform otherwise prohibited work for more than 20% of the minor’s work shift.

Direct and close supervision

Under a student-learner variance, work involving an approved prohibited duty must be under the close and direct supervision of an adult. This means:

• Where there is a singular apprentice or student-learner on site, at least one journey-level craftsperson or experienced adult must be present to work with the apprentice or student-learner when the minor is performing work that would otherwise be prohibited and hazardous.
• Where there is more than one apprentice or student-learner on site, at least three journey-level craftspeople or experienced adults must work alongside each additional apprentice or student-learner on-site when the minors perform work that would otherwise be prohibited and hazardous.

How to apply

Employer Requirements

An employer must apply for a student-learner variance for each minor participating in a Washington State Registered Apprenticeship Program, a CTE Worksite Learning program, or a substantially similar program conducted by a private school as a student-learner.

When applying for a student-learner variance through L&I, an employer must complete a Student-Learner Exemption Minor Work Variance Application form.

With the application, the employer must also submit:

• Completed Parent/School Authorization form.
• Proof of minor’s age.
• Signature attesting that the employer has completed all the requirements before applying for the variance.
• L&I may request or receive additional information from the employer, or other parties involved, when reviewing a variance application.

For CTE Worksite Learning program or a substantially similar program conducted by a private school in non-agriculture and agriculture employment, the employer must first:

• Identify a Worksite Supervisor and meet with the school to complete a program orientation that defines the objectives of the program and outlines supervisor expectations.
• Develop the Worksite Learning Agreement with the school.
• Develop the Worksite Learning Plan with the school.
• Require the Worksite Supervisor to complete an employee orientation with the minor.

School requirements

For a CTE Worksite Learning program or a substantially similar program conducted by a private school in non-agricultural and agricultural employment, the school must have completed all of the following:

• Worksite Learning Agreement.
• Worksite Learning Plan.
• List of the student’s qualifying classes and the CIP (Classification of Instructional Programs) codes of the classes the student has taken and passed or is concurrently enrolled in CIP Codes.
• List of the Worksite Learning Program and the CIP code of the program the minor is enrolled in (the program CIP codes end in 8888).
• Worksite Learning Coordinator signature attesting that the coordinator has completed the OSPI required Worksite Learning checklist, as outlined on page 20 in the Work-Based_Learning_Guide, before placing the minor in the workplace.
• L&I may request or receive additional information from the school, or other parties involved, when reviewing a variance application.

Applications intake process

As part of the variance application process, L&I completes at least a three-year review of the employer’s history, including:

Division of Occupational Safety and Health (DOSH) workplace violations. *

• Inclusion in the DOSH Severe Violator Enforcement Program.
• Lawsuits against the construction contractor bond or savings. *
• L&I tax debts. *
• License violations. *
• Public works contractor strikes or contractor debarments. *
• Workers’ Compensation and Self-Insurance injury claims.
• Child Labor violations.
• Wage violations.

* Visit Verify a Contractor, Tradesperson or Business to review the history of the starred items for your business or for a prospective employer. L&I reviews an employer’s history to ensure the health, safety, and welfare of minor workers per WAC 296-125-151 and WAC 296-122-130.