1. (1) Upon written application from an employer or an organization representing employers, a variance permitting employment of minors otherwise prohibited under WAC 296-122-110 may be granted for good cause shown. The application must specify the reasons why the variance request should be granted. The employer or the organization representing employers shall give written notice to the employees so that they may submit their views to the department on any variance request.
2. (2) The department may grant the variance request if the employer possesses a valid minor work permit endorsement and the department determines the employer demonstrates good cause. The department may request or receive additional information from the employer or other interested parties when reviewing a variance application.

3. (3) "Good cause" shall mean those situations in which the employer demonstrates:

   1. (a) The granting of the variance would not have a harmful effect upon the health, safety, or welfare of the minor employees involved;
   2. (b) The granting of the variance would not have a deleterious effect on school attendance or the academic performance of minors; and
   3. (c) The variance is necessary to meet usual crop cultural or harvest requirements.
4. (4) Upon application from an employer or an organization representing employers a variance permitting employment of minors otherwise prohibited under these rules may be granted by the director or an authorized representative of the director in response to a weather emergency.

5. (5) The department may grant a variance request for the prohibited duties described in WAC 296-122-110 (1)(a) through (d) and (2)(d) through (i) for a minor employed as a vocational agriculture student-learner when each of the following requirements are met:

   1. (a) The student-learner is enrolled in a vocational education training program in agriculture under a recognized state or local educational authority, or in a substantially similar program conducted by a private school;
   2. (b) Such student-learner is employed under a written agreement which provides that the work of the student-learner is incidental to training; that such work shall be intermittent, for short periods of time, and under the direct and close supervision of a qualified and experienced person; that safety instruction shall be given by the school and correlated by the employer with on-the-job training; and that a schedule of organized and progressive work processes to be performed on the job have been prepared;
   3. (c) Such 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; and
   4. (d) Copies of each such agreement are kept on file by both the educational authority or school and by the employer.

6. (6) (a) Before granting a variance for a duty prohibited by WAC 296-122-110 under subsection (5) of this section, the department shall:

   1. (i) Conduct a safety and health consultation at the worksite; and
   2. (ii) Consult with the employer on the types of tools, equipment, and practices permitted under the variance.
   3. (b) The department may consider the consultation requirement in (a) of this subsection complete if the employer is renewing a variance that expired within the same academic school year, or has an active variance, for the exact same prohibited tools, equipment, or occupation.
7. (7) The department may not grant variances for any occupation prohibited by the United States Department of Labor.
8. (8) Each variance will expire upon the expiration of the minor work permit endorsement that was in effect at the time the variance was issued unless the variance was issued with an earlier expiration date.

9. (9) The department may revoke, suspend, or modify an employer's variance if it finds:

   1. (a) A condition related to its issuance has not been satisfied;
   2. (b) The employer violated any requirement of this chapter; or
   3. (c) An existing condition that is or could be detrimental to the health, safety, or welfare of a minor including an adverse impact upon their school attendance or performance.

[Statutory Authority: RCW 49.12.121 and 49.30.060. WSR 26-11-048 (Order 25-21), s 296-122-130, filed 5/19/26, effective 7/1/26.]