1. The director of the department of workforce development or department of education may grant an exception from any provision of section 92.7 or 92.8 for minors sixteen to seventeen years of age participating in work-based learning or a school or employer-administered, work-related program approved by the department of workforce development or the department of education if all of the following apply:

 a. The requestor demonstrates the activity will be performed under adequate supervision and training.
 b. The training includes adequate safety precautions.
 c. The terms and conditions of the proposed employment will not interfere with the health, well-being, or schooling of the minor enrolled in the approved program.
 d. The work is not prohibited under section 92.8, subsection 1, 2, 4, 7, 8, 18, or 20.

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Terms Used In Iowa Code 92.8A

  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
 2. Section 92.8 shall not apply to a student in an approved work-based learning program, registered apprenticeship, career and technical education program, or student learner program provided the student is employed under all of the following conditions:

 a. The student is employed in a craft recognized as an apprenticeable trade or the student is employed under a written employment agreement.
 b. The work of the apprentice or student employee in the work activities declared particularly hazardous is incidental to the apprentice’s training.
 c. The work is intermittent and for short periods of time and is under the direct and close supervision of a qualified and experienced person.
 d. Adequate on-the-job training and safety instructions are in place.
 e. The work is not prohibited under section 92.8, subsection 1, 2, 4, 7, 8, 18, or 20.
 3. A minor shall not perform work under this section unless the director has on file written permission from the minor’s parent, guardian, or legal custodian, and from the school administering the program or employer, for the minor to perform work under this section.
 4. An employer shall provide a copy of all training materials given to a minor performing work under this section to the minor’s parent, guardian, or legal custodian.