OAR 839-021-0265: Employment of Minors to Act as Canvassers, Peddlers or Outside Salespersons from House to House

(1) Minors 16 and 17 years of age may not be employed to act as a canvasser, a peddler, or an "outside salesman" as defined in ORS 653.010(7), from house to house, unless the employer obtains and maintains a validated registration certificate issued by the Bureau. (2) To register, an employer may obtain an application form from any office of the Bureau. Upon completion, the application must be filed with the Child Labor Unit of the Wage and Hour Division. The application form will be prescribed by the Bureau and must include, but not be limited to, space for: (a) The employer's name, permanent address, and telephone number; (b) The Oregon address and telephone number if different from permanent address and telephone number; (c) A contact person's name, address and telephone number; (d) A brief history of company; (e) A complete description of the work to be performed by minors who are 16 and 17 years of age; (f) An estimate of the ages and of the number of minors 16 and 17 years of age that may be employed during the period of certification; (g) A statement that the employer agrees to comply with the provisions of ORS 653.010 to 653.545, OAR 839-021-0001 to 839-021-0265 and any terms and conditions specified by the Bureau; (h) The name and address of the employer's workers' compensation insurer and policy or binder number; (i) Other information which will assure the Bureau that employment of minors by the employer will be in compliance with any law or rule concerning the employment of minors; and (j) The signature of the applicant. (3) In the case of a renewal application, the employer must submit with the application, a report of minors employed during the previous year. The report must include, but not be limited to, the following information: (a) The number of minors employed; (b) Whether any workers' compensation insurance claims were filed by or for any minors while employed by the employer and the number of such claims; and (c) Other information as may be deemed necessary by the Bureau. (4) The Bureau will conduct an investigation of the facts and circumstances set out in the application for the registration certificate and may issue a certificate to the employer provided the provisions of OAR 839-021-0001 to 839-021-0265 have been met. (a) The Bureau may set such terms and conditions upon the issuance of the certificate as the Bureau deems necessary or appropriate. (b) The Bureau may refuse to issue or renew a certificate when it appears to the Bureau that the provisions of OAR 839-021-0001 to 839-021-0265 are not met or when the employer has violated any law or rule pertaining to the employment of minors. (c) If the facts and circumstances or conditions under which the certificate is issued change, the employer must notify the Bureau of the change. The Bureau may modify the terms and conditions of the certificate, if any. (d) Employers may apply for a registration certificate at any time and must apply to renew their registration by July 1 of each year. The registration will be effective through the following June 30. (5) The Bureau may require the removal of minors from the employment of a registered employer when it appears to the Bureau that the employer has failed to comply with any law or rule pertaining to the employment of minors. Prior to the removal of minors from employment, the Bureau will consider the following factors: (a) The past history of the employer in taking all necessary measures to prevent or correct violations of statutes and rules; (b) Past violations, if any, of statutes and rules; (c) The magnitude and seriousness of the violation; and (d) Any other mitigating circumstances. (6) When a registered employer is required by the Bureau to remove the minor employees from employment, the employer may request a hearing in accordance with OAR 839-022-0000 to 839-022-0060. (7) The Bureau may revoke the registration certificate when it determines that the employer failed to comply with any rule or law covering the employment of minors. The employer must be accorded the opportunity of a hearing in accordance with OAR 839-022-0000 to 839-022-0060. (8) In addition to all other rules, employers employing persons 16 and 17 years of age to act as a canvasser, peddler or "outside salesman" as defined in ORS 653.010(8) from house to house must provide each minor, before the minor begins work, with an identification card. The identification card must be shown to each customer or potential customer of the minor employed to act as a canvasser, peddler or "outside salesman" by the minor so employed. The identification card will be on a form prescribed by the Bureau. The identification card must include: (a) A picture of the employee; (b) The name of the employee; (c) The name and local address of the employer; (d) A statement to the effect that the employee is authorized to represent the employer as a canvasser, peddler or "outside salesman"; (e) A statement to the effect that the employer is registered with the Bureau of Labor and Industries; (f) A statement that the card is not valid for any other employer; and (g) Other information as the Bureau may require to carry out the purpose of this subsection. (9) Notwithstanding OAR 839-021-0067, minors 16 and 17 years of age employed to act as a canvasser, a peddler or an "outside salesman," as defined in ORS 653.010(8), from house to house may not be employed past the hour of 9:00 p.m. (10) The transportation of a minor employed to act as a canvasser, peddler, or "outside salesman" to and from the job site must be provided by the employer and must occur no later than 9:00 p.m. In the case of a minor who wants to provide the minor's own transportation, the employer must obtain the written consent of the minor's parents or legal guardian and maintain such written consent in the employer's files. (11) No minor employed to act as a canvasser, peddler, or "outside salesman" may be transported to another state without the express written consent of a parent or legal guardian of the minor.