Overview
Children employed as performers are subject to special protections under Pennsylvania law. This includes explicit approval from the child's parent/guardian and a school official.
Employers of child performers must apply for special permits on behalf of each child performer. This includes artistic or creative performance in a variety of mediums:
- Live performance (including Halloween-themed attractions)
- Radio
- Television
- Movie
- Internet
- Publication
- Documentary
- Reality Programming
- Other broadcast media that are transmitted to an audience.
Employers may not include child performers in a rehearsal, filming or production until they have received a permit.
L&I's Bureau of Labor Law Compliance (BLLC) approves permits that meet the requirements of the Child Labor Act –including signed permission from the child's parent or guardian.
A school official must complete the section applicable to performing or rehearsing during school hours.
BLLC does not approve permits for performances that are potentially dangerous or hazardous to the child’s well-being, which includes acrobatic acts and dangerous activities involving speed, height, and a high level of physical exertion of stunts.
Violations of the Child Labor Act may be punishable by either administrative or criminal penalties. Criminal penalties could include fines of up to $500 for first violations, and up to $1,500 per violation and/or up to 10 days of imprisonment for subsequent violations. Administrative penalties may include fines of up to $5,000 per violation and corrective action orders to violating parties.
Haunted Attraction Requirements
The Bureau of Labor Law Compliance (BLLC) now requires that haunted attraction operators submit a safety plan prior to requesting performance permits. The bureau, in its discretion, will not issue permits for minors to engage in performance at haunted attractions until it approves a safety plan for the haunted attraction.
Haunted attraction operators must preserve the health, safety, and welfare of minor performers. See 43 Pa. Stat. Ann. § 40.5.
Before developing a safety plan, the Bureau encourages haunted attraction operators to fully assess the dangers encountered by minor performers while on employer premises. The Bureau will require safety plans submitted by haunted attraction operators to include certain elements noted below, though safety plans should also address any unique hazards or risks encountered by minors on the employer’s premises.
Safety plans must include a program for comprehensive background checks for all staff (including both employees and volunteers) who will directly interact with minors. Background checking should identify:
- All convictions involving minor victims of any nature or grade and
- Misdemeanor or felony sex offenses, including but not limited to those that require placement on a sex offender registry.
Haunted attraction operators may choose how to perform the required background checks and may use third-party vendors to complete background checks so long as those third-party vendors are able to screen for the offenses identified in in the preceding paragraph. Third-party vendors should utilize a lookback period of at least 15 years for identification of the offenses listed above. The Bureau cannot recommend any specific third-party background check vendors.
The Bureau will also accept the clearances referenced in the Child Protective Services Law (CPSL), 23 PA.C.S. Chapter 63 as suitable background checking. The clearances required in the CPSL are:
- PA Child Abuse History Certification. Available here through the Pennsylvania Department of Human Services.
- PA State Police Criminal History Record Check. Available here through the Pennsylvania State Police.
- Fingerprint-based Federal Bureau of Investigation Criminal History Background Check. Information available here.
The background check results must be retained for a period of at least three years. The Bureau may request access to those records during an investigation for compliance with the Child Labor Act. Haunted attraction operators should not submit individual results of background checks to the Bureau as part of the request for a performance permit.
Safety plans must include a description of a training program on the prevention of sexual abuse and harassment in the workplace for all staff who will directly interact with minors. The Bureau encourages haunted attraction operators to consult with a third-party who specializes in education on sexual abuse and harassment in the workplace for creation of any trainings and/or materials that accompany those trainings.
Training must also include general workplace safety, which includes emergency preparedness and protocols, hazard identification, and unique considerations that arise upon the misbehavior of guests or patrons.
Proper identification and notification of risks, hazards, and misbehavior requires reporting mechanisms that allow employees and volunteers to report concerns in real-time as they are happening. Haunted attraction operators must actively monitor and, when necessary, respond to complaints that are received during a rehearsal or performance that pose an active threat to the health, safety, or welfare of a minor performer. The safety plan must include reporting mechanisms and appropriate enforcement protocols.
Haunted attraction operators who expect to request permits for minors in performance must submit a safety plan to the Bureau annually. The Bureau will deny permit requests made by haunted attraction operators that have not already submitted a safety plan that meets the requirements outlined in this guidance. To ensure timely processing, safety plans must be submitted at least 20 calendar days before a permit request. Safety plans need only be submitted once to the Bureau annually and should not be submitted alongside each permit request.
If the Bureau notes deficiencies in the safety plan submitted, the Bureau will specify those deficiencies and provide the haunted attraction operator an opportunity to cure. The Bureau cannot guarantee that a deficient safety plan submitted shortly before the start of the first rehearsal or performance will be cured in time for the Bureau to approve permits before the first rehearsal or performance. Deficiencies in the safety plan may delay the Bureau’s ability to approve permits before the desired start date. The Bureau, therefore, encourages submission of a safety plan well in advance of any expected permit requests.
All safety plans should be submitted to the Bureau by email to ChildLabor@pa.gov.
This guidance does not supersede any laws that prevent discrimination in the workplace.