Effective July 1, 2023, Iowa's updated Youth Employment Law (Senate File 542) makes several changes, including the ability for Iowa employers to apply for a waiver for 16- and 17-year-olds to participate in approved work-based learning or work-related programs involving certain hazardous work activities under certain conditions.
The waiver process is done in conjunction with Iowa Workforce Development (IWD), the Iowa Department of Education (IDOE), and the Iowa Department of Inspections, Appeals and Licensing (DIAL). Below is more information on the process, the list of hazardous and always prohibited activities, and how the waiver may or may not apply in different cases.
Every effort will be made to review program applications in a timely manner. Applications will be reviewed in the order that they are received. For any questions about your application or to discuss your program with the state, please contact youthemploymentwaiver@iwd.iowa.gov. Thank you for your interest in the waiver application process.
WHAT’S CHANGED?
Senate File 542 introduces a process where employers can apply for an exemption (waiver) for approved work-based learning or employer-administered work-related programs involving certain hazardous activities with 16- and 17-year-olds under specific agreed-upon conditions (see Iowa Code § 92.8A). Employers with or without school partners may apply for the waiver.
There are circumstances when the waiver requirement does not apply when certain hazardous activities are involved. This occurs only when employers are partnering with schools that have approved work-based learning programs. These specific programs have conditions that are more stringent than the waiver requirements.
Determining whether a waiver is needed will depend on each employer’s fact-specific circumstances, so it will be important to thoroughly read the updated state law and consult with legal counsel.
In addition, please note that a waiver will not be required under the following circumstances:
Employers participating in Registered Apprenticeship (RA) Programs with high school students. A waiver is not needed as RA Programs already include a separate vetting process.
A waiver is also not needed for other types of school-related work-based learning programs that do not involve hazardous activities.
Please view the steps and resources below to get started. Please contact the following email for any questions: youthemploymentwaiver@iwd.iowa.gov.
Youth Employment Waiver Process
Employers must first review the list of prohibited hazardous work activities to determine whether they can proceed with the waiver application (see below).
Employers may apply for the waiver in collaboration with school partners or through their own employer-administered programs without school partners (certain restrictions apply). If the employer is not currently working with a school district or accredited non-public high school, they will need to submit a request for program approval as well as seek a waiver on hazardous work activities.
Any permitted hazardous work activities for 16- and 17-year-olds, regardless of whether a waiver is required, require the employer to submit parental permission forms to the State prior to the minor engaging in the permitted hazardous work activity (permission forms can be found below)
Effective July 1, 2023, Senate File 542 lists work activities for 16- and 17-year-olds that are prohibited under Iowa law, with some exceptions under certain circumstances.
Certain work activities are always prohibited for minors and are not able to be exempted under Iowa Code § 92.8A.
Certain work activities are also prohibited under federal law. Employers should first consult with an attorney to determine how the law applies to their program and how to accurately describe their work activity.
Please note: If approved, IWD will provide a letter that will include information on the approved program as well as the duration of the waiver. IWD will also provide parent permission forms that are required to be filled out and submitted back to IWD prior to the program start date.
Iowa employers who have reviewed the relevant information around youth employment laws and who wish to apply for a waiver from the state may do so by visiting the link below.
If you have any questions regarding the process below or would like to discuss your program with the state, please contact youthemploymentwaiver@iwd.iowa.gov.
The following is a list of waiver eligible hazardous activities that may be performed by the 16- and 17-year-old(s) under Iowa's new legislation.
Operation of power-driven woodworking machines.
Operation of elevators and other power-driven hoisting apparatus.
Operation of power-driven metal forming, punching, and shearing machines.
Operation of certain power-driven bakery machines. Except as otherwise provided in this subsection, this subsection does not apply to the operation of pizza dough rollers that are a type of dough sheeter that have been constructed with safeguards contained in the basic design so as to prevent fingers, hands, or clothing from being caught in the in-running point of the rollers, that have gears that are completely enclosed, and that have microswitches that disengage the machinery if the backs or sides of the rollers are removed, only when all the safeguards detailed in this subsection are present on the machinery, are operational, and have not been overridden. However, this subsection does apply to the setting up, adjusting, repairing, oiling, or cleaning of pizza dough rollers as described in this subsection.
Operation of certain power-driven paper products machines, except loading balers if the machine is powered off and the key is stored in a separate area from the machine.
Manufacturing of brick, tile, and related products.
Operation of circular saws, band saws, and guillotine shears.
Wrecking, demolition, and shipbreaking operations.
Roofing operations.
Excavation.
Work activities in or about foundries; provided that office, shipping, and assembly area employment shall not be prohibited by this chapter.
