Tanning
Beds Youth Employment Enforcement Position
Based
on documentation and information provided by the North Carolina Department
of Environment and Natural Resources (DENR), Division of Environmental Health,
Radiation Protection Section; it is the state Wage and Hour Bureau's enforcement
position that tanning beds do not come under Hazardous Order (HO) #6 as
long as the rays from tanning beds are non-ionizing radiation. Therefore,
the requirement that the workroom must be completely enclosed does not apply
to the operation of tanning beds as this requirement is for ionizing radiation
in excess of 0.5 rem per year.
However,
it is our enforcement position for tanning beds that no youth under 18 years
of age be allowed to work in a workroom where a tanning bed is in operation.
Furthermore, it is our position that the workroom does not have to be completely
enclosed. It is also our enforcement position that a tanning bed is not
a prohibited piece of power-driven equipment for youths under 16 years of
age. It is our enforcement position that the youth employment rules for
tanning beds are the same for all youths under 18 years of age. This means
that all youths 14 to 17 years of age can work in the workroom to clean,
including the bed itself, as long as the tanning bed is not in operation.
The youth employment provisions do not apply to youths under 18 years of
age who are customers of the tanning salon.
It
is also our enforcement position that the parental exemption applies to
tanning salons so there is no age restriction for the owner's child to be
employed as long as the youth's parents are the sole owners. However, it
is our position that the owner's child cannot work in a workroom where a
tanning bed is in operation. And the owner's child must obtain a youth employment
certificate (work permit) regardless of their age until they turn 18 years
of age.
It
is DENR's rule that no one under the age of 18 can operate a tanning unit.
Therefore, questions on the operation of tanning beds need to be directed
to DENR's Radiation Protection Section in Raleigh at 919-571-4141. Web site:
www.ncradiation.net/Tanning/Tanning.htm
Please
note that these are the North Carolina Department of Labor's state youth
employment enforcement positions. This information is for clarification
pertaining to the issuance of youth employment certificates (work permits)
and the enforcement of the youth employment provisions pursuant to the North
Carolina Wage and Hour Act (WHA) as they relate to tanning beds and tanning
salons. These state labor enforcement positions have no effect on the federal
child labor provisions pursuant to the Fair Labor Standards Act (FLSA).
For questions on how the federal child labor provisions relate to tanning
beds and tanning salons, please contact the United States Department of
Labor's Wage and Hour Division's national Call-Center at 1-866-4-USWAGE
(toll-free). Web site: www.dol.gov/esa/whd/
