Section 294.022

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 294

Effective - 28 Aug 1995   

  294.022.  Employment in entertainment industry, definitions, limitations. — 1.  For the purposes of this section, the following terms mean:

  (1)  "Employer", any person, firm or corporation employing or seeking to employ a child in the entertainment industry;

  (2)  "Entertainment industry", any person, employer, firm or corporation using the services of a child as a performer, extra or in any other performing capacity in motion picture productions, television or radio productions, theatrical productions, modeling productions, horse shows, rodeos and musical performances;

  (3)  "Work permit", a written certification issued by the director which specifies the terms and duration of the work permit for a child under sixteen years of age, for the purposes of employment as a performer, extra or in any other performing capacity in the entertainment industry.  A work permit may be issued for a period of twelve months or more and shall be eligible for renewal at the child's next birthday.  A work permit shall generally be issued for a twelve-month period of time.

  2.  No child may be employed in the entertainment industry without an entertainment work permit issued by the director.  No permit shall be issued without the following:

  (1)  Proof of age by birth certificate or other documentary evidence;

  (2)  Written consent of the child's parent, legal custodian or guardian;

  (3)  Upon entering into a contractual employment agreement, a written statement from the prospective employer shall be kept on file by the prospective employer.  The written statement shall set forth the nature of employment and the projected duration of the employment or project.

  3.  No child shall be permitted at the place of employment, unless the parent, legal custodian, guardian or designated guardian of a child is present at all times that the child is at the place of employment, and such person may accompany the child to wardrobe, makeup, hairdressing and dressing room facilities.  The parent, legal custodian, guardian or designated guardian may designate an individual to accompany the child during times the child is at the place of employment, provided the designation is made in writing, signed by the parent or guardian and presented to the employer prior to the child's scheduled work.  A copy of the written designation shall be kept on file by the employer at the site of the employment or project.

  4.  The employer shall designate one individual on each set, stage or other place of employment to coordinate all matters relating to the welfare of children and shall notify the parent, legal custodian or guardian of each child of the name of such individual.

  5.  All of the hours in which a child may be at the place of employment are exclusive of meal periods.  Meal periods shall be at least one-half hour, but not more than one hour in duration.  In no event may a child be at the place of employment for a period longer than five and one-half hours without a meal break.

  6.  A child shall receive a twelve-hour rest break at the end of the child's work day and prior to the commencement of the child's next day of work for the same employment.  A child shall also receive a fifteen minute rest period after each two hours of continuous work.

  7.  The employer shall provide a suitable place to rest or play for the children at the site of employment.

  8.  The time spent by children in rehearsals and in learning or practicing any of the arts, such as singing or dancing, for, or under the direction of, a motion picture studio, theater or television studio shall be counted as work time under this section of law.  Periods for meal breaks shall not be included in the overall work time; however, rest breaks shall be included in the overall work time.

  9.  No child shall be required to work in a situation which places the child in a clear and present danger to life or limb.  If a child believes he or she is in such a dangerous situation, after discussing the matter with his or her parent, legal custodian, guardian or designated person and the employer, the child shall not be required to perform in such situation, regardless of the validity or reasonableness of the child's belief.

  10.  No child shall be required to work with an animal which a reasonable person would regard as dangerous in the same circumstances, unless an animal trainer or handler qualified by training and experience is present.

  11.  No child shall be required to perform a stunt without prior consultation with the child, the child's parent, legal custodian or guardian and the employer.  The prior written consent of the child's parent, legal custodian or guardian shall be obtained for the performance of any unusual physical, athletic or acrobatic activity, stunts, work involving special effects or other potentially hazardous activity.  When any unusual physical, athletic or acrobatic activity, stunts, special effects or other potentially hazardous activity involving a child is to be done, the employer shall have available a person qualified to administer medical assistance on an emergency basis and transportation to the nearest medical facility providing emergency services.  First-aid kits shall always be available at a child's place of employment.

  12.  No child shall work in close proximity to explosives or the functioning parts of unguarded and dangerous moving equipment, aircraft or vessels, or of functioning blades or propellers.

  13.  An entertainment work permit does not authorize a child to be absent from school in violation of the requirements of state law or regulations or policies of the state board of education, the Missouri department of elementary and secondary education or the local school board.

­­--------

(L. 1995 H.B. 300 & 95 merged with H.B. 414)