Montana Code 41-2-109. Exemptions from prohibited occupations in agriculture
41-2-109. Exemptions from prohibited occupations in agriculture. (1) The prohibitions from employment in agricultural operations provided for in 41-2-106(7) do not apply to the employment of a student-learner who is 14 or 15 years of age if all of the following requirements are met:
Terms Used In Montana Code 41-2-109
- Agriculture: means :
(a)all aspects of farming, including the cultivation and tillage of the soil;
(b)(i) dairying; and
(ii)the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, including commodities defined as agricultural commodities in the federal Agricultural Marketing Act, 12 U. See Montana Code 41-2-103
- Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 41-2-103
- Employer: includes an individual, partnership, association, corporation, business trust, person, or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. See Montana Code 41-2-103
- employment: means an occupation engaged in, permitted, or suffered, with or without compensation in money or other valuable consideration, whether paid to the minor or to some other person, including but not limited to occupations as servant, agent, subagent, or independent contractor. See Montana Code 41-2-103
- Minor: means an individual under 18 years of age, except for an individual who:
(a)has received a high school diploma or a high school equivalency diploma;
(b)is 16 years of age or older and is enrolled in a registered state or federal apprenticeship program; or
(c)is 16 years of age or older and is a student-employee under the direct and close supervision of a qualified and experienced person with experience in the occupation in which the minor is employed as provided in 41-2-110. See Montana Code 41-2-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)The student-learner is enrolled in a K-12 career and vocational/technical education training program in agriculture under a recognized state or local educational authority or in a substantially similar program conducted by a private school.
(b)The student-learner is employed under a written agreement, providing that:
(i)the work is incidental to training;
(ii)the work is under the direct and close supervision of a qualified and experienced person;
(iii)safety instruction is given by the school and correlated by the employer with on-the-job training; and
(iv)a schedule of organized and progressive work processes to be performed on the job has been prepared.
(c)The written agreement contains the name of the student-learner and is signed by the employer and by a person authorized to represent the educational authority or school.
(d)Copies of each agreement are kept on file both by the educational authority or school and by the employer.
(2)The prohibitions in 41-2-106(7) do not apply to the employment of a minor who is 14 or 15 years of age in those occupations in which the minor has successfully completed a work training program, including safety instruction and training in the use of machinery, under the 4-H program of the federal extension service, a program of the United States department of education, or a similar program if the safety program has been approved by the department and if the minor is employed outside school hours on the equipment for which the minor has been trained.