                                 CODE OF VIRGINIA

CERTAIN EMPLOYMENT PROHIBITED OR LIMITED (§ 40.1-100)

A. No child under 18 years of age shall be employed, permitted, or suffered to
work:

   1. In any mine, quarry, tunnel, underground scaffolding work; in or about any
   plant or establishment manufacturing or storing explosives or articles
   containing explosive components; or in any occupation involving exposure to
   radioactive substances or to ionizing radiations, including X-ray equipment;

   2. At operating or assisting to operate any grinding, abrasive, polishing, or
   buffing machine, any power-driven metal forming, punching, or shearing
   machine, any power-driven bakery machine, any power-driven paper products
   machine, any circular saw, band saw, or guillotine shear, or any power-driven
   woodworking machine;

   3. In oiling or assisting in oiling, wiping, and cleaning any such machinery;

   4. In any capacity in preparing any composition in which dangerous or
   poisonous chemicals are used;

   5. In any capacity in the manufacturing of paints, colors, white lead, or
   brick tile or kindred products, in any place where goods of alcoholic content
   are manufactured, bottled, or sold for consumption on the premises, except in
   places (i) licensed pursuant to subdivision 6 of &#xA7; 4.1-206.1, provided
   that a child employed at the premises shall not serve or dispense in any
   manner alcoholic beverages or (ii) where the sale of alcoholic beverages is
   merely incidental to the main business actually conducted, or to deliver
   alcoholic goods;

   6. In any capacity in or about excavation, demolition, roofing, wrecking, or
   shipbreaking operations;

   7. As a driver or a helper on an automobile, truck, or commercial vehicle;
   however, children who are at least 17 years of age may drive automobiles or
   trucks on public roadways if:
   				a. The automobile or truck does not exceed 6,000 pounds gross vehicle
   weight, the vehicle is equipped with seat belts for the driver and any
   passengers, and the employer requires the employee to use the seatbelts when
   driving the automobile or truck;
   				b. Driving is restricted to daylight hours;
   				c. The employee has a valid state license for the type of driving involved
   and has no record of any moving violations at the time of hire;
   				d. The employee has successfully completed a state-approved driver
   education course;
   				e. The driving does not involve (i) the towing of vehicles; (ii) route
   deliveries or route sales; (iii) the transportation for hire of property,
   goods, or passengers; (iv) urgent, time-sensitive deliveries; or (v) the
   transporting at any time of more than three passengers, including the
   employees of the employer;
   				f. The driving performed by the employee does not involve more than two
   trips away from the primary place of employment in any single day for the
   purpose of delivering goods of the employee&#8217;s employer to a customer;
   				g. The driving performed by the employee does not involve more than two
   trips away from the primary place of employment in any single day for the
   purpose of transporting passengers, other than employees of the employer;
   				h. The driving takes place within a 30-mile radius of the employee&#8217;s
   place of employment; and
   				i. The driving is only occasional and incidental to the employee&#8217;s
   employment and involves no more than one third of the employee&#8217;s work
   time in any workday and no more than 20 percent work time in any workweek;

   8. In logging or sawmilling or in any lath mill, shingle mill, or
   cooperage-stock mill or in any occupation involving slaughtering, meatpacking,
   processing, or rendering;

   9. In any occupation determined and declared hazardous by rules and
   regulations promulgated by the Commissioner of Labor and Industry, except as
   otherwise provided in subsection D.
   				Notwithstanding the provisions of this section, children 16 years of age
   or older who are serving a voluntary apprenticeship as provided in Article 3
   (&#xA7; 2.2-2043 et seq.) of Chapter 20.2 of Title 2.2 may be employed in any
   occupation in accordance with rules and regulations promulgated by the
   Commissioner.

B. Except as part of a regular work-training program in accordance with §§
40.1-88 and 40.1-89, no child under 16 years of age shall be employed,
permitted, or suffered to work:

   1. In any manufacturing or mechanical establishment; in any commercial
   cannery; in the operation of any automatic passenger or freight elevator; in
   any dance studio; in any hospital, nursing home, clinic, or other
   establishment providing care for resident patients as a laboratory helper,
   therapist, orderly, or nurse&#8217;s aide; in the service of any veterinarian
   while treating farm animals or horses; in any warehouse; in processing work in
   any laundry or dry cleaning establishment; in any undertaking establishment or
   funeral home; in any curb service restaurant; in hotel and motel room service;
   in any brick, coal, or lumber yard or ice plant; or in ushering in theaters.
   Children 14 years of age or older may be engaged in office work of a clerical
   nature in bona fide office rooms in the above types of establishments.

   2. In any scaffolding work or construction trade; in any outdoor theater,
   cabaret, carnival, fair, floor show, pool hall, club, or roadhouse; or as a
   lifeguard at a beach.

C. Children 14 years of age or older may be employed by dry cleaning or laundry
establishments in branch stores where no processing is done on the premises and
in hospitals, nursing homes, and clinics where they may be engaged in kitchen
work, tray service, or room and hall cleaning. Children 14 years of age or older
may be employed in bowling alleys completely equipped with automatic pin
setters, but not in or about such machines, and in soda fountains, restaurants,
and hotel and motel food service departments. Children 14 years of age or older
may work as gatekeepers and in concessions at swimming pools and may be employed
by concessionaires operating on beaches where their duties and work pertain to
the handling and distribution of beach chairs, umbrellas, floats, and other
similar or related beach equipment.

D. Notwithstanding any other provision of this chapter:

   1. Children age 16 years or older employed on farms, in gardens, or in
   orchards may operate, assist in operating, or otherwise perform work involving
   a truck, excluding a tractor trailer, or farm vehicle, as defined in &#xA7;
   46.2-1099, in their employment;

   2. Children age 14 years or older employed on farms, in gardens, or in
   orchards may perform work as a helper on a truck or commercial vehicle in
   their employment, while engaged in such work exclusively on a farm, in a
   garden, or in an orchard;

   3. Children age 16 years or older may participate in all activities of a
   volunteer fire company; however, any such child shall not enter a burning
   structure or a structure that contains burning materials prior to obtaining
   certification under National Fire Protection Association 1001, level one,
   firefighter standards, pursuant to the provisions of clause (i) of subsection
   A of &#xA7; 40.1-79.1, except where entry into a structure that contains
   burning materials is during training necessary to attain certification under
   National Fire Protection Association 1001, level one, firefighter standards,
   as administered by the Department of Fire Programs;

   4. Children age 16 years or older may serve in a barbershop or cosmetology
   salon licensed by the Board for Barbers and Cosmetology in accordance with
   regulations of the Board for Barbers and Cosmetology, provided that:
   				a. The child is an apprentice registered in accordance with Article 3
   (&#xA7; 2.2-2043 et seq.) of Chapter 20.2 of Title 2.2;
   				b. The child is employed in a work-training program as provided in &#xA7;
   40.1-89, which is administered in accordance with the rules and regulations
   promulgated by the Board of Education; or
   				c. The child has obtained a cosmetology or barber license from the Board
   for Barbers and Cosmetology.

HISTORY: Code 1950, § 40-109; 1956, cc. 443, 463; 1958, c. 321; 1960, c. 434;
1964, c. 503; 1968, c. 278; 1970, c. 321; 1972, c. 824; 1973, c. 13; 1979, cc.
219, 348; 1991, c. 511; 1994, c. 156; 2005, c. 151; 2007, c. 645; 2008, c. 552;
2009, c. 218; 2020, cc. 1113, 1114; 2023, cc. 275, 624, 625; 2025, cc. 185, 198.