1. (1) An employer may seek a variance from the requirements under this chapter by submitting a written application to the department. The application must specify the reasons why the variance request should be granted.
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" means situations and circumstances where the employer demonstrates the variance will not be harmful to the health, safety, and welfare (including school attendance and performance) of the minor(s) affected. "Good cause" may also include the financial need of the minor's family or an exceptional or special talent manifested by the minor.
4. (4) (a) The department may grant a variance request for the prohibited duties described in WAC 296-125-131 (5), (8), (9), (11), (13), (15), (16), and (23) for 16- and 17-year-old minors employed as apprentices or student-learners.

5. (b) Minors employed as apprentices must be employed under the following conditions:

   1. (i) The apprentice is employed in a craft recognized as an apprenticeable trade;
   2. (ii) The work of the apprentice in the prohibited duty is incidental to their training, is intermittent and for short periods of time, and is under the direct and close supervision of a journeyman as a necessary part of such apprentice training; and
   3. (iii) The apprentice is registered with the Washington state apprenticeship and training council.

6. (c) Minors employed as student-learners must be enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school, provided that the student-learner is employed under a written agreement which provides:

   1. (i) That the work of the student-learner in the prohibited duty shall be incidental to the training;
   2. (ii) That such work shall be intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person;
   3. (iii) That safety instruction shall be given by the school and correlated by the employer with on-the-job training;
   4. (iv) That a schedule of organized and progressive work processes to be performed on the job shall have been prepared;
   5. (v) Such written agreement contains the name of the student-learner, and is signed by the student, parent, employer and by a person authorized to represent the educational authority;
   6. (vi) Copies of each such agreement are kept on file by both the educational authority or school and by the employer.

   7. (5) (a) Before granting a variance for a duty prohibited by WAC 296-125-131 under subsection (4) 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.
   8. (6) The department may not grant variances for any hour of work or occupation prohibited by the United States Department of Labor.
   9. (7) 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.

   10. (8) 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 296-125-151, filed 5/19/26, effective 7/1/26.]