HB 4005: Skills to work - West Virginia

hb4005 sub hfa dean 1-22 _2 adopted.htm → hb4005 sub hfa browning 1-22 _2 adopted - copy.htm · 4 edits

MODERATE

The amendment was rewritten to target a different subsection and substantially change its effect. Instead of adding an exception allowing supervised retail sales by workers aged 16-20 (Dean version), the Browning version strikes and replaces subsection (a)(1) to prohibit employment of those under 16 in nonagricultural work categories banned by the U.S. Department of Labor, and specifically lists hazardous metalworking occupations such as smelters, foundries, and forging shops.

Scope change

The bill's scope shifted from creating a narrow exception for supervised retail sales (ages 16-20) to establishing broader prohibitions on hazardous nonagricultural work for those under 16, aligned with federal Department of Labor standards and Hazardous Occupation Orders.

SCOPE

The amendment now targets subsection (a)(1) instead of adding a proviso to subsection (c), shifting from an exception for retail sales to a prohibition on hazardous nonagricultural work.

ELIGIBILITY

The age threshold changed from 18 to 16 years old, meaning the new restrictions apply to those under 16 rather than under 18.

REQUIREMENT

New language prohibits employment in nonagricultural categories banned by the U.S. Department of Labor or Hazardous Occupation Orders for the applicable age range, with exceptions for apprentices and student-learners.

DEFINITION

Specific hazardous occupations were listed: ore reduction works, smelters, hot rolling mills, furnaces, foundries, forging shops, and any place where heating, melting, or heat treatment of metals is carried on.

hb4005 sub hfa browning 1-22 _2 adopted.htm → hb4005 sub hfa dean 1-22 _2 adopted.htm · 3 edits

MINOR

The bill's title was updated to reflect a change in the sponsor's name from Delegate Browning to Delegate Dean. The primary substantive change involves adding an exception to the prohibition on minors working in retail sales, allowing employees aged 16 to 20 to work in these roles if directly supervised by someone aged 21 or older, while removing a previous amendment that would have expanded the age restriction for hazardous nonagricultural work.

Scope change

The bill's scope regarding minor employment restrictions was narrowed by adding a specific exception for supervised retail sales, whereas the removed text attempted to broaden restrictions on hazardous occupations.

ELIGIBILITY

Added an exception allowing minors aged 16-20 to work in retail sales when directly supervised by an adult aged 21 or older.

Removed a proposed amendment that would have strictly prohibited minors under 16 from working in hazardous nonagricultural occupations.

TECHNICAL

Updated the bill header to change the sponsor's name from Browning to Dean.

hb4005 s gov am _1 2-27 adopted.htm → hb4005 sub hfa browning 1-22 _2 adopted.htm · 4 edits

MODERATE

The bill was amended to replace a proposed new 'Youth Apprenticeship Program' with a direct modification to child labor laws. The original text aimed to create a new program allowing 11th and 12th-grade students to apprentice, but the amendment instead clarifies that children under 16 cannot work in hazardous occupations and adds a specific exemption for students in approved apprenticeship programs to operate machinery on an occasional basis under supervision.

Scope change

The bill's scope shifted from creating a new educational program to refining existing child labor restrictions and adding a specific safety exemption for apprentices.

ELIGIBILITY

Removed the creation of a new 'Youth Apprenticeship Program' that would have allowed public, private, or home school students in grades 11-12 to enroll in apprenticeships.

Modified the child labor section to explicitly state that children under 16 cannot work in hazardous occupations, replacing previous ambiguous phrasing.

REQUIREMENT

Removed detailed requirements for the new program, including specific training hour minimums (135 classroom/400 on-the-job), wage schedules, and a timeline for pilot projects in 2024-2025.

Added a new exemption allowing students enrolled in Youth Apprenticeship Programs to work on machinery in non-prohibited occupations on an occasional and incidental basis (no more than 5% of daily training hours) under mandatory direct supervision.

Committee Substitute → hb4005 s gov am _1 2-27 adopted.htm · 5 edits

MODERATE

The bill was amended to significantly restructure child labor laws and youth apprenticeship programs in West Virginia. The changes clarify age restrictions, remove specific prohibited occupations from the list for under-16 workers, and introduce new exemptions for roofing work and fire service participation. The amendment also adds a specific provision allowing youth apprentices to occasionally operate machinery in non-prohibited occupations under direct supervision.

Scope change

The bill's scope expanded to include new exemptions for roofing operations and fire service employment, while the list of prohibited occupations for children under 16 was narrowed by removing several entries.

ELIGIBILITY

The list of prohibited occupations for children under 16 was modified by removing items such as wrecking, demolition, ship-breaking, and certain saw operations, while retaining others like mining and explosives.

EXEMPTIONS

New exemptions were added allowing children under 18 to work in bars serving alcohol under specific supervision rules and permitting youth apprentices to occasionally operate machinery in non-prohibited jobs for training purposes.

A new exemption was created allowing children aged 16 to 18 to work as volunteer firefighters with parental consent, provided they are not operating fire vehicles or entering burning buildings without supervision.

REQUIREMENT

The requirements for roofing operations were updated to explicitly allow students 16 and older to perform this work under a specific training program with parental consent and direct supervision.

DEFINITION

The definition of 'apprenticeship program' was slightly adjusted to clarify that the Youth Apprenticeship Program allows enrollment for students in 11th or 12th grade who are 16 or older.

Enrolled Committee Substitute → Committee Substitute · 4 edits

MODERATE

The bill was converted from an 'Enrolled' version (final law) to a 'Committee Substitute' version (draft pending final approval), which involved significant structural reorganization of the text. The most substantive policy change is the addition of a detailed list of 17 specific hazardous occupations where children under 18 are prohibited from working, which was missing from the original draft. The bill also clarifies the age threshold for youth apprenticeships to 16 years or older and adds specific exemptions for roofing operations and volunteer firefighting.

Scope change

The bill's scope was expanded to explicitly list 17 specific hazardous occupations prohibited for minors under 18, whereas the previous version only referenced federal prohibitions without listing specific state examples. The scope of youth apprenticeships was clarified to include students who are 16 years or older.

REQUIREMENT

Added a specific list of 17 hazardous occupations (e.g., logging, mining, explosives handling) where children under 18 are prohibited from working.

ELIGIBILITY

Clarified that youth apprenticeships are available to students in the 11th or 12th grade who are 16 years of age or older.

EXEMPTIONS

Added specific exemptions allowing minors to work in roofing operations and as members of volunteer fire departments under strict supervision.

TECHNICAL

Reorganized the bill's structure and numbering, changing section references from (a)-(f) to a more complex nested format and updating the title to reflect the new scope.

Engrossed Committee Substitute → Enrolled Committee Substitute · 8 edits · Apr 1, 2026

MODERATE

The bill was finalized into its enrolled version, adding official signatures and certification language required for it to become law. Substantively, the text was cleaned up to remove redundant phrasing and formatting errors from the committee draft, while retaining the core provisions regarding youth apprenticeships and child labor restrictions.

Scope change

The scope of the bill remains unchanged; it continues to regulate employment for minors and establish youth apprenticeship programs in West Virginia.

TECHNICAL

Added standard enrolled bill certification language, including signatures for the Clerks of the House and Senate, the Speaker, the President of the Senate, and the Governor, along with the effective date clause.

Corrected a typo in Section 21-6-2(a) changing 'A child under 18 16 years of age or older' to 'A child 16 years of age or older' for clarity.

Reorganized the list of prohibited hazardous occupations in Section 21-6-2(a) by removing the confusing introductory clause and presenting the list of specific jobs (e.g., smelters, logging, mining) as a clean, continuous enumeration.

Added a new subsection (c) to Section 21-6-2 prohibiting the employment of minors under 18 in bars or establishments serving alcohol, with specific exceptions for supervised retail sales.

Added a new subsection (d) to Section 21-6-2 allowing 16- and 17-year-olds to work in volunteer fire departments under specific training and supervision conditions.

Added a new subsection (e) to Section 21-6-2 explicitly authorizing students in the Youth Apprenticeship Program to work on machinery in occupations not otherwise prohibited by child labor laws.

Added a new subsection (f) to Section 21-6-2 creating exemptions for students performing roofing operations above ground level as part of a vocational training program.

Added a new subsection (g) to Section 21-6-2 allowing the Department of Education to grant other limited exemptions for nonagricultural work in compliance with federal standards.

Introduced Version → Engrossed Committee Substitute · 4 edits · Mar 10, 2026

MODERATE

The bill was amended to correct a legal contradiction in the age eligibility for youth apprenticeships, changing the requirement from being 11th or 12th grade OR 16+ to strictly requiring the student to be in the 11th or 12th grade. Additionally, the Child Labor section was updated to clarify that apprentices may work in hazardous occupations under federal exemptions and added specific provisions allowing apprentices to use machinery on an occasional basis for training purposes.

Scope change

The scope of the Youth Apprenticeship Program was narrowed regarding age eligibility, and the Child Labor section was expanded to explicitly authorize apprentices to work in hazardous occupations permitted by federal law.

ELIGIBILITY

The age requirement for youth apprentices was clarified to require students to be in the 11th or 12th grade, removing the conflicting 'or 16 years or older' clause that previously allowed younger students to participate.

REQUIREMENT

The Child Labor section was updated to explicitly state that apprentices are exempt from certain hazardous occupation prohibitions if authorized by federal law or specific exemptions.

A new provision was added allowing apprentices to operate machinery associated with non-prohibited occupations on an occasional and incidental basis (up to 5% of training hours) for training purposes under direct supervision.

TECHNICAL

Minor formatting corrections were made to section headers and numbering sequences throughout the document.

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