1285.  It is the intent of the Legislature in enacting Sections 1286
to 1289, inclusive, to establish a citation system for the
imposition of prompt and effective civil sanctions against violators
of the laws and regulations of this state relating to the employment
of minors.  The civil penalties provided for in this article are in
addition to any other penalty provided by law.



1286.  As used in this article:
   (a) "Director" means the Director of Industrial Relations or his
or her designee.
   (b) "Department" means the Department of Industrial Relations.
   (c) "Minor" means any person under the age of 18 years who is
required to attend school under Chapter 2 (commencing with Section
48200) and Chapter 3 (commencing with Section 48400) of Part 27 of
the Education Code and any person under the age of six years.  A
person under the age of 18 years who is not required to attend school
under Chapter 2 (commencing with Section 48200) and Chapter 3
(commencing with Section 48400) of Part 27 of the Education Code
solely because that person is a nonresident of California shall still
be considered a minor.
   (d) "Labor Commissioner" means the Chief of the Division of Labor
Law Enforcement, his or her deputies or agents, who shall have the
authority to conduct informal hearings and determine the amount of
civil penalties in accordance with this article.
   (e) "Door-to-door sales" has the same meaning as "home
solicitation contract or offer," as defined in subdivision (a) of
Section 1689.5 of the Civil Code, except that "door-to-door sales" is
not subject to the minimum monetary limitation set forth in that
subdivision.


1287.  If upon inspection or investigation the director determines
that a person is in violation of any statutory provision or rule or
regulation relating to the employment of minors, he may issue a
citation to the person in violation.  The citation may be served
personally or by registered mail in accordance with subdivision (c)
of Section 11505 of the Government Code.  Each citation shall be in
writing and shall describe the nature of the violation, including
reference to the statutory provisions, rule, or regulation alleged to
have been violated.


1288.  Citations issued pursuant to this article shall be classified
according to the nature of the violation, and shall indicate the
classification on the face thereof, as follows:
   (a) Class "A" violations are violations of Section 1290, 1292,
1293, 1293.1, 1294, 1294.1, 1294.5, 1308, 1308.1, or 1392, and any
other violations that the director determines present an imminent
danger to minor employees or a substantial probability that death or
serious physical harm would result therefrom.  The violation of
Section 1391 for the third or subsequent time shall also constitute a
class "A" violation.  A physical condition or one or more practices,
means, methods, or operations in use in a place of employment may
constitute a violation.  A class "A" violation is subject to a civil
penalty in an amount not less than five thousand dollars ($5,000) and
not exceeding ten thousand dollars ($10,000) for each and every
violation.  Willful or repeated violations shall receive higher civil
penalties than those imposed for comparable nonwillful or first
violations, not to exceed ten thousand dollars ($10,000).
   (b) Class "B" violations are violations of Section 1299 or 1308.5,
or a violation of Section 1391 for the first and second time, and
those other violations that the director determines have a direct or
immediate relationship to the health, safety, or security of minor
employees, other than class "A" violations.  A class "B" violation is
subject to a civil penalty in an amount not less than five hundred
dollars ($500) and not to exceed one thousand dollars ($1,000) for
each and every violation.  Willful or repeated violations shall
receive higher civil penalties than those imposed for comparable
nonwillful or first violations.  A second violation of Section 1391
shall be subject to a civil penalty of one thousand dollars ($1,000).

   (c) Nothing in this section shall preclude the imposition of
criminal penalties provided for in this chapter.



1289.  (a) If a person desires to contest a citation or the proposed
assessment of a civil penalty therefor, he or she shall within 15
business days after service of the citation notify the office of the
Labor Commissioner which appears on the citation of his or her
request for an informal hearing.  The Labor Commissioner or the
commissioner's deputy or agent shall, within 30 days, hold a hearing
at the conclusion of which the citation or proposed assessment of a
civil penalty shall be affirmed, modified, or dismissed.  The
decision of the Labor Commissioner shall consist of a notice of
findings, findings, and order which shall be served on all parties to
the hearing within 15 days after the hearing by regular first-class
mail at the last known address of the party on file with the Labor
Commissioner.  Service shall be completed pursuant to Section 1013 of
the Code of Civil Procedure.  Any amount found due by the Labor
Commissioner as a result of a hearing shall become due and payable 45
days after notice of the findings and written findings and order
have been mailed to the party assessed.  A writ of mandate may be
taken from that finding to the appropriate superior court, as long as
the party agrees to pay any judgment and costs ultimately rendered
by the court against the party for the assessment.  The writ shall be
taken within 45 days of service of the notice of findings, findings,
and order thereon.
   (b) A person to whom a citation has been issued, shall, in lieu of
contesting  a citation pursuant to this section, transmit to the
office of the Labor Commissioner designated on the citation the
amount specified for the violation within  15 business days after
issuance of the citation.
   (c) When no petition objecting to a citation or the proposed
assessment of a civil penalty is filed, a certified copy of the
citiation or proposed civil penalty may be filed by the Labor
Commissioner in the office of the clerk of the superior court in any
county in which the person assessed has property or in which the
person assessed has or had a place of business.  The clerk,
immediately upon the filing, shall enter judgment for the state
against the person assessed in the amount shown on the citation or
proposed assessment of a civil penalty.
   (d) When findings and the order thereon are made affirming or
modifying a citation or proposed assessment of a civil penalty after
hearing, a certified copy of the findings and the order entered
thereon may be entered by the Labor Commissioner in the office of the
clerk of the superior court in any county in which the person
assessed has property or in which the person assessed has or had a
place of business.  The clerk, immediately upon the filing, shall
enter judgment for the state against the person assessed in the
amount shown on the certified order.
   (e) A judgment entered pursuant to this section shall bear the
same rate of interest and shall have the same effect as other
judgments and be given the same preference allowed by law on other
judgments rendered for claims for taxes.  The clerk shall make no
charge for the service provided by this section to be performed by
him or her.


1290.  No minor under the age of 16 years shall be employed,
permitted, or suffered to work in or in connection with any
manufacturing establishment or other place of labor or employment at
any time except as may be provided in this article or by the
provisions of Part 27 (commencing with Section 48000) of the
Education Code.



1291.  Work is done for a manufacturing establishment within the
meaning of this article whenever it is done at any place upon the
work of a manufacturing establishment, or upon any of the materials
entering into the products of a manufacturing establishment, whether
under contract or arrangement with any person in charge of or
connected with a manufacturing establishment directly or indirectly
through contractors or third persons.



1292.  No minor under the age of sixteen years shall be employed or
permitted to work in any capacity in:
   (a) Adjusting any belt to any machinery.
   (b) Sewing or lacing machine belts in any workshop or factory.
   (c) Oiling, wiping, or cleaning machinery, or assisting therein.



1293.  No minor under the age of sixteen years shall be employed, or
permitted, to work in any capacity in operating or assisting in
operating any of the following machines:
   (a) Circular or band saws; wood shapers; wood-jointers; planers;
sandpaper or wood-polishing machinery; wood turning or boring
machinery.
   (b) Picker machines or machines used in picking wool, cotton,
hair, or other material; carding machines; leather-burnishing
machines; laundry machinery.
   (c) Printing-presses of all kinds; boring or drill presses;
stamping machines used in sheet-metal and tinware, in paper and
leather manufacturing, or in washer and nut factories; metal or
paper-cutting machines; paper-lace machines.
   (d) Corner-staying machines in paper-box factories; corrugating
rolls, such as are used in corrugated paper, roofing or washboard
factories.
   (e) Dough brakes or cracker machinery of any description.
   (f) Wire or iron straightening or drawing machinery; rolling-mill
machinery; power punches or shears; washing, grinding or mixing
machinery; calendar rolls in paper and rubber manufacturing;
steam-boilers; in proximity to any hazardous or unguarded belts,
machinery or gearing.



1293.1.  (a) Except as provided in subdivision (c) of Section 1394,
no minor under the age of 12 years may be employed or permitted to
work, or accompany or be permitted to accompany an employed parent or
guardian, in an agricultural zone of danger.  As used in this
section, "agricultural zone of danger" means any or all of the
following:
   (1) On or about moving equipment.
   (2) In or about unprotected chemicals.
   (3) In or about any unprotected water hazard.
   The Department of Industrial Relations may, after hearing,
determine other hazards that constitute an agricultural zone of
danger.
   (b) Except for employment described in subdivision (a) of Section
1394, no minor under the age of 12 years may be employed or permitted
to work, or accompany an employed parent or guardian, in any of the
occupations declared hazardous for employment of minors below 16
years of age in Section 570.71 of Title 29 of the Code of Federal
Regulations, as that regulation may be amended from time to time.



1294.  No minor under the age of  16 years shall be employed or
permitted to work in any capacity:
   (a) Upon any railroad, whether steam, electric, or hydraulic.
   (b) Upon any vessel or boat engaged in navigation or commerce
within the jurisdiction of this state.
   (c) In, about, or in connection with any processes in which
dangerous or poisonous acids are used, in the manufacture or packing
of paints, colors, white or red lead, or in soldering.
   (d) In occupations causing dust in injurious quantities, in the
manufacture or use of dangerous or poisonous dyes, in the manufacture
or preparation of compositions with dangerous or poisonous gases, or
in the manufacture or use of compositions of lye in which the
quantity thereof is injurious to health.
   (e) On scaffolding, in heavy work in the building trades, in any
tunnel or excavation, or in, about or in connection with any mine,
coal breaker, coke oven or quarry.
   (f) In assorting, manufacturing or packing tobacco.
   (g) Operating any automobile, motorcar, or truck.
   (h) In any occupation dangerous to the life or limb, or injurious
to the health or morals of the minor.



1294.1.  (a) No minor under the age of 16 years shall be employed or
permitted to work in either of the following:
   (1) Any occupation declared particularly hazardous for the
employment of minors below the age of 16 years in Section 570.71 of
Subpart E-1 of Part 570 of Title 29 of the Code of Federal
Regulations, as that regulation may be revised from time to time.
   (2) Any occupation excluded from the application of Subpart C of
Part 570 of Title 29 of the Code of Federal Regulations, as set forth
in Section 570.33 and paragraph (b) of Section 570.34 thereof, as
those regulations may be revised from time to time.
   (b) No minor shall be employed or permitted to work in any
occupation declared particularly hazardous for the employment of
minors between 16 and 18 years of age, or declared detrimental to
their health or well-being, in Subpart E of Part 570 of Title 29 of
the Code of Federal Regulations, as those regulations may be revised
f