Ordinance No 6 dated 24.07.2006 on the conditions and orderfor issuance ofwork permits to personsunder 18 years of age
Issued by theMinister of Labour and Social Policy and the Minister of Health, promulgatedSG, Issue 64 dated 8.08.2006, in force as of 9.11.2006, as amended and supplementedIssue 46 dated 23.06.2015.
Chapter One
General
Article 1.This Ordinance defines:
1. the order forissuance of work permits topersons under 18 years of age;
2. the obligations of employerfor provision ofhealthy and safe labour conditions topersons under 18 years of age;
3. the works, processes, andlocations, banned forwork ofpersons under 18 years of age.
Article 2. (1) This Ordinance applies topersons under 18 years of age who are:
1. working under labour relations;
2. apprenticespursuant to the provision of theCrafts Act.
(2) This Ordinance does not apply to:
1. persons under 15 years of age;
2. students duringthe time of educational activities, practice, andapprenticeship.
Chapter Two
Obligations of employer
Article 3. (1) The employerassesses the riskto which persons under the age of 18 yearsmay be exposedin connection with their work.
(2) The risk assessment is executed:
1. pursuant to the provisions ofOrdinance No 5 dated 1999 on the order, manner, andrecurrence ofrisk assessment execution (SG, Issue 47 dated 1999);
2. before the personsunder the age of 18 have commenced workand in the event of eachmaterialchange in labour conditions.
Article 4.The risk assessment must encompass:
1. the outfitting andstructure of theworkplace;
2. (As amended – SG,Issue 46 dated 2015) the type, degree, andduration ofexposure andeffects ofphysical factors, chemical substances and mixturesandbiological agents;
3. the type, selection, situation, anduse ofworking equipmentand relevant handling/operation;
4. the organization of work–organization and performance ofwork processesand operationstheir interaction;
5. the level of training andinformationof persons under 18 years of age.
Article 5.The employer,based upon the risk assessment results,undertakes and appliesrequisite measuresforprovision ofhealthy and safe labour conditions topersonsunder 18 years of age, paying particular attention tothe specific risks regarding theirsafety, physical andmentalhealth and development, ensuing from:
1. lack of experience;
2. unawareness ofexisting or possiblerisks;
3. physiologically based for the respective agephysical andemotionalimmaturity.
Article 6.The employer is obligatedto notifypersons under 18 years of ageand their parentsorguardiansregarding:
1. possible risks pertaining to the work;
2. adopted measures forprovision ofhealthy and safe labour conditions.
Article 7.During the planning,implementation, andcontrol ofmeasures for provision ofhealthy and safe labour conditions topersons under 18 years of agethe employermust include theofficials orspecialized servicespursuant toOrdinance No 3 dated 1998 on functions andtasks ofofficials andspecialized servicesin the enterprises fororganization ofperformance of activitiesconnected toprotection andprophylaxis ofprofessional risks (SG, Issue 91 dated 1998) and the occupational medicine service.
Chapter Three
Banned work
Article 8. (1) Persons under 18 years of ageare banned from performing work:
1. outside the limits of theirphysical ormentalcapacity;
2. including harmful effectsof agents, which are toxic, carcinogenic, causinghereditarygenetic impairmentsorimpairments of theunborn child during pregnancy, or which in any other mannerimpair thehealth of personsunder conditions of prolonged exposure;
3. in media containing radiation;
4. under extremelow and high temperature, noise, orvibration levels;
5. involving risk oflabour accidents which are assumedincomprehensible orunavoidabletounderage personsdue to theirphysical ormentalimmaturity.
(2) The ban pursuant to the provisions ofParagraph 1 applies to:
1. work subject to executionunder the impact ofphysical, chemical,and biological agents, specified in Section I of the list contained in the appendix;
2. processes and work typesspecified in Section II of the list contained in the appendix.
(3) The ban pursuant toParagraph 1 also applies when performed activitiesare not includedin the list pursuant toParagraph 2, but during the risk assessment risks were establishedto the safety, health, anddevelopment of persons under 18 years of age.
Article 9.As an exception,personsfrom the 15 to 16 age group may be admitted to work, after fulfillment of following conditions:
1. executed work is lightand non-hazardous orharmful to the healthand correctphysical, mental, andmoral upbringing of said persons;
2. the provisions pursuant to Article 8 are fulfilled;
3. supervision is provided on part of a competent personappointed by anorder;
4. the performed workdoes not cast unfavorable reflectionof the persons’normal development and their schoolwork.
Article 10.The provisions of Article 8, Paragraph 2 may not apply topersons under 18 years of agewhen performed work is requiredfor their professionaltraining andthe employerhas provided:
1. all measures for protection ofhealth andcorrectphysical, mental, andmoral development;
2. supervisionon part of a competent person appointed by an order.
Chapter Four
Health monitoring and control
Article 11.The persons under 18 years of ageare admitted to work aftera medical examinationand medical conclusionstating they are fitto perform the respective workand that the work won’t harmtheir healthand impede their correctphysical, moral, andmentaldevelopment.
Article 12. (1) The medical examinationmust be executed by theselectedGPof persons under 18 years of age, who must issuea medical certificatefor admission to work.
(2) The medical conclusionpursuant to Article 11 must be issued on part of theoccupational medicine servicebased upon:
1. the medical certificateof conductedmedical examination;
2. the type andnature ofwork;
3. the risk assessment results, regarding risks to which the person under 18 years of age could be exposed;
4. the provided labour health and safety measuresregardingthe person under 18 years of age;
5. the distribution of working hoursfor persons between the age of 15 to 16 years.
Article 13. (1) The following persons are subject to mandatoryperiodic medical examination:
1. persons aged 15 to 16 years - every 6 month;
2. persons aged 16 to 18 years-once every year.
(2) The examinations pursuant toParagraph 1 must be conductedin view ofdiagnosing of early stages of illnessanddiscovering risk factorsimpairing health.
(3) The examinations pursuant to Paragraph 1 must be organized on part of theoccupational medicine serviceand are subject to payment to the account ofemployers.
Article 14.When the periodic examinationestablishesearlyforms ofillnessor riskfactors contributing to health impairment, the employer mustundertake therequisite measures forprovision ofhealthy and safe labour conditionsto the personunder 18 years of age.
Chapter Five
Order for issuance of work permits to persons under 18 years of age
Article 15.The persons under 18 years of age are admitted to workafter provided permission on part ofExecutive Agency "General Labour Inspectorate" for each separate case.
Article 16. (1) (As amended – SG, Issue 46 dated 2015) For each person under 18 years of agethe employer fileswith the Territorial Directorate "Labour Inspectorate" a request for issuance ofpermit for admission to work, accompanied by following documents:
1. description of the type of worksubject to execution on part of the person under 18 years of age;
2. risk assessment results, regarding risksto which the person under 18 years of age may be exposed;
3. provided measuresfor protection of health and safety of personunder 18 years of age;
4. medical conclusionpursuant to Article 12, Paragraph2;
5. distribution of working hoursfor persons aged 15 to 16 years.
(2) (As amended – SG, Issue 46 dated 2015) Territorial Directorate "Labour Inspectorate" mustpass judgmentregarding the applicationwithin 15-days term.
(3) The rejection for issuance of permission for admission to workmay be appealed pursuant to the order provided for in theAdministrative Procedural Code.
(4) (As amended – SG, Issue 46 dated 2015) Territorial Directorate "Labour Inspectorate"may reject theprovision of permission for admission to workof a personunder 18 years of age, for worknot included in the appendix, if it deems thatthe particular conditions are harmful, difficult, orhazardous.
(5) (As amended – SG, Issue 46 dated 2015) Territorial Directorate "Labour Inspectorate" may repealissued permission foradmission to workof a person under 18 years of age, when it establishes thathealthy and safe labour conditions were not provided to the said person.
ADDITIONAL REGULATIONS
(Title amended – SG, Issue 46 dated 2015)
§ 1.Within the meaning of this Ordinance:
1. "working equipment" shall mean each machine, apparatus, tool, installation, device, unit or facilityused during work;
2. "regularmanual labourinvolving handling weights" shall have the meaning provided in § 1, Item 2 ofOrdinance No 16 onphysiological normsand rules formanual labour involving handling weights (PromulgatedSG, Issue 54 dated 1999; as amended, Issue 70 dated 2005).
§ 1а. (New – SG, Issue 46 dated 2015) This Ordinance introducesthe provisions of following regulations:
1. Directive 94/33/ECof theCouncildatedJune 22nd, 1994 on the protection of young peopleat work (OJ L 216 dated 20.08.1994);
2. Directive 2014/27/EC of the European Parliamentand the CouncildatedFebruary 26th, 2014 onamendment of Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/ECof theCouncil andDirective 2004/37/ECof theEuropean Parliament and the Council, for approximation toRegulation (EC) No 1272/2008 on classification, labeling and packaging of substances and mixtures (OJ L 65/1, 5.03.2014).
CONCLUDING REGULATIONS
§ 2.This Ordinance is issuedbased on the grounds of Article 303, Paragraph 4 of the Labour Code and repeals Ordinance No 4 onwork banned forpersonsaged 15to 18 years(Promulgated, SG, Issue 44 dated 1987; as amended and supplemented, Issue 44 dated 1993 and issue 54 dated 1999).
§ 3.The control of Ordinance’s executionis performed on part ofExecutive Agency "General Labour Inspectorate".
§ 4.The Minister of Labour and Social Policy and the Minister of Healthprovide instructionsregarding this Ordinance’s application.
§ 5.This Ordinance enters into full force and effectthree monthsafter its promulgationin the "State Gazette".
§ 6.The issued under the current orderpermits for work of personsunder 18 years of ageshall remain in force for a term ofthree months afterthis Ordinance’s entry into force.
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ORDINANCE
onamendment and supplementation ofOrdinance No 6 dated 2006 on the conditions and orderfor issuance of work permits to personsunder 18 years of age (SG, Issue 46 dated 2015)
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§ 4. In the entire Ordinance the wording "Regional Directorate "Labour Inspectorate" are replacedby the wording "Territorial Directorate "Labour Inspectorate".
Appendix
To Article 8, Paragraph 2
(As amended – SG, Issue 46 dated 2015)
Non-exhaustive listof workbanned for personsunder18 years of age
Section I
Work connected tothe impact ofphysical, chemical, andbiological agents
1. Physical agents:
a) ionizing radiation;
b) non-ionizingradiation(electrical, magnetic, electromagnetic, andlaser radiation) exceeding thepermitted values, specified in Ordinance No 7 on minimum requirementsfor healthy and safe labour conditionsat workplacesand upon use ofworking equipment(Promulgated, SG, Issue 88 dated1999; as amended, Issue 48 dated 2000, Issue 52 dated 2001; as amended and supplemented, Issue 43 dated 2003 (*); as amended, Issue 37 dated 2004; as amended and supplemented, Issue 88 dated 2004);
c) pressuregreater than atmospheric pressure(pressure chambers, workunder waterand other locations withpressure greater thanatmospheric pressure);
d) noise in excess of 80 dB(А);
e) ultrasoundexceeding the values specified inTable 1;
f) vibrations in excess ofthe daily exposure values forundertakingactions, specified in Ordinance No 3 onminimum requirements forprovision ofhealth and safety of workersinvolving risksconnected tovibration exposure (SG, Issue 40 dated 2005);
g) air temperature upon workin a premise under 18 °С and above25 °С, permitting air temperatureup to 28 °С in cases whenthe outside air temperatureis in excess of 25 °С;
h) air temperature below 10 °С and above 30 °С when performing work outdoors.
2. (As amended – SG, Issue 46 dated 2015) Biological agents ofrisk groups 3and 4 within the meaning of Article 3, Paragraph 1, Item 3 and 4 ofOrdinance No 4 dated 2002 on protection of workersfrom risksinvolvingexposure tobiological agentsduring work (SG, Issue 105 dated 2002).
3. Chemical agents:
а) (As amended – SG, Issue 46 dated 2015) the substances and mixturesconforming to thecriteriaforclassificationpursuant toRegulation (EC) No 1272/2008 of theEuropean Parliamentand the Councilonclassification, labeling and packaging of substances andmixtures, for amendment and repeal ofDirectives 67/548/EECand 1999/45/ECand for amendment of Regulation (EC) No 1907/2006 (OJ L 353 dated 31.12.2008) in one or severalof following classes andcategoriesof hazardswith one or severalhazard warning/statements:
– acute toxicity, category 1, 2 or 3 (H300, H310, H330, H301, H311, H331);
– corrosive to skin, category 1A, 1B or 1C (H314);
– flammable gas, category 1 or 2 (H220, H221);
– flammable aerosols, category 1 (H222);
– flammable liquid, category 1 or 2 (H224, H225);
– explosives, categories "unstableexplosive", or explosives ofsubdivisions 1.1, 1.2, 1.3, 1.4, 1.5 (H200, H201, H202, H203, H204, H205);
– self activating substances and mixtures, type A, B, C or D (H240, H241, H242);
– organicperoxides, type А or В (H240, H241);
– specific toxicityfor certain organsafter single exposure,category 1 or 2 (H370, H371);
– specific toxicity for certain organs after repeatedexposure,category 1 or 2 (H372, H373);
– respiratoryirritation, category 1, subcategory 1A or 1B (H334);
– skinirritation, category 1, subcategory 1A or 1B (H317);
– carcinogenicity, category 1А, 1В or 2 (H350, H350i, H351);
– mutagenic propertiesforembryo cells, category 1А, 1В or 2 (H340, H341);
– reproductive toxicity, category 1A or 1B (H360, H360F, H360FD,H360Fd, H360D, H360Df);
b) (Repealed – SG, Issue 46 dated 2015);
c) (Repealed – SG, Issue 46 dated 2015);
d) (As amended – SG, Issue 46 dated 2015) substances and mixturespursuant to § 1, Item 1, Letter "c" of the additional regulation ofOrdinance No 10 on protection of workersfrom risks involvingexposure tocarcinogens andmutagensduring work (SG, Issue 94 dated 2003);
e) lead and its compounds, as far as they can be absorbedbythe human organism;
f) asbestos;
g) (As amended – SG, Issue 46 dated 2015) substances and mixturesincluded in theOrdinance onthe order and mannerforlimitation of production, use, andmarketingofcertainhazardouschemical substances, mixtures, and articles ofAppendix XVII toRegulation (EC) № 1907/2006 (REACH), adopted by Council of Ministers DecreeNo 376 dated 2011 (SG, Issue 1 dated 2012).
Section II
Processes and work types
1. (As amended – SG, Issue 46 dated 2015) Processes and work typespursuant to § 1, Item 1, letter "c" of the additional regulationofOrdinance No 10 dated 2003 on protection of workersagainst risksinvolvingexposure tocarcinogensand mutagens during work (SG, Issue 94 dated 2003).
2. Production, use, distribution, storage, andtransportation of:
a) explosives;
b) facilities, pyrotechnical means, orvariousobjectscontainingexplosives.
3. Work with dangerouspoisonous animals, includingcattle.
4. Industrial slaughtering of animals.
5. Work including manipulationswith working equipment forproduction,charging of tanks and vessels, storage anduse offlammable liquidsandcompressed, liquefied, ordissolved gases.
6. (As amended – SG, Issue 46 dated 2015) Worksconnected to cisterns, pans, tanks, canisters,etc. vessels, containingchemical substances and mixtures,specified in Item 3 of Section I.
7. Work involving risks ofdemolition andcollapse.
8. Work on orpertaining toelectrical installations andsystems withvoltage in excess of 600 V DCan d in excess of 250 V AC current.
9. Powering up ofcommutation apparatus, power supply premises, and/orgroup ofmachines, when the voltage is in excess of 24 V.
10. Work with operating paceset by machineswith paymentdependent on obtained results.
11. Earth and consolidation worksin excavationswith depth in excess of 2 m, when thewidthmeasured ata distance ofhalf the depthis less than the depth itself.
12. Work which may cause fireand explosion.
13. Driving motor vehiclesand earth excavating machines, save forwheeled tractors, which may be driven by personsunder 17 years of age.
14. Work pertaining tofacilitiesposing elevated hazardpursuant to theTechnical Requirements of Products Act:
a) low pressure boilers, high pressure boilers III, II and I class,energy boilers andenergy block;
b) elevators;
c) cranes andmobilework platforms;
d) cable lines andskitows;
e) vessels operating under pressure;
f) suspended(hanging) seats and platformsfor work at heights;
g) lifting facilities/installations;
h) acetylene installations.
15. Work involvingdriving/use ofagricultural andforestry equipment:
a) harvesters andcombines;
b) mowers;
c) motorized cultivators and harrows;
d) straw and hay bale presses.
16. Work pertaining todriving motor/electric trucks, save formanually operatedlow-lift el. carts.
17. Demolition of buildings.
18. Installation/assembly of constructions at height, including assembly/disassemblyofconstruction scaffoldingand protective equipment/devicesagainst falling from height.
19. Work withconstructionnail guns.
20. Assembly/disassemblyoflifting facilitiesin the field of construction.
21. Manual operations involving concrete mix fabrication.
22. Welding works.
23. Loading/offloading of ships.
24. Trimming, cutting, andfelling ofhigh trees andloading oflogs.
25. Work in metallurgy and casting plants, connected to facilitiesforproduction andtransportation, posing great risk tosafety of personnel,incl.blast furnaces, smelters, martenfurnaces, convertersandcast iron mixers, molten metal buckets, rolling millsfor hot rolling.
26. Pouring molten metal.
27. Driving cars forcoal andcokeand operatingcoke pushersof coke furnacesin coke production enterprises.
28. Control and monitoring ofoil fired furnaces.
29. Work with machines,save when the machines are permanently outfittedwithSuitable protective/safety devices, the efficiency of which isindependent fromInterference on part of operator:
a) wood processing machines: circular saws, band saws,planers, double sided planers, cutters, millers, multi-spindlemilling machines,combined machines, log band saws;
b) leather processing machines: rolling machines, presses, grinding and polishing machines, oftening machinesand vacuum drying machines;
c) forge – pressmachines;
d) presses for production ofwood particle board (MDF) and (HDF);
e) die pressesfor plastics;
f) machines forcutting paper andveneer;
g) combing and carding machines in thetextile industry;
h) hand operatedgrinding machines.
i) machines for braking, crushing, grinding, stirring, andmixing of materials;
j) machines for production of glass articles;
k) pneumatic/electric hammers;
l) industrial centrifuges.
30. Work involving the use ofleadcarbonate andlead sulfateandallproductscontaining these substances.
31. Work involvingdrygrinding of glass.
32. Repair of working equipmentwith switched off power supply.
33. Examinations, inspections, adjustments, tuning, maintenance, and servicing ofworking equipment, when risk of injury is at handfrom movingpartsor fromnon-insulatedelectricity conducting partswith voltage in excess of 24 V.
34. (As amended – SG, Issue 46 dated 2015) Work connected tosafety of movementand maneuvering worksin railway transportpursuant to the provisions ofOrdinance No 58 dated 2006 on rules fortechnical operation, movement of trains, andsignalingin railway transport (SG, Issue 73 dated 2006).
35. Work involving molten glass.
36. Regular manual work with weights, including with the assistance oftransport means.
37. Work during which the weight of a singlelifted andcarried weightis greater than:
a) 8 kg for females and 20 kg for malesagedover 16 to 18;
b) 6 kg for femalesand 15 kg for malesagedfrom 15 to 16.
38. Transportation of weightswith wheelbarrows outfitted withsingle wheel or double wheels.
39. Water rescue work.
40. Works which may causefireorsubstantial explosions:
a) production ofliquidoxygenorhydrogen;
b) production ofcolloid, celluloid, flammable gases andliquids;
c) distillation, rectification, andoil extractionofhydrocarbons,derivatives ofoil andcoal;
d) filling of portable vesselsforgases compressed, liquefied, ordissolved under pressure;
e) work withgaseous andliquid oxygen.
41. Work involving participation in autopsiesandpathological anatomyexaminations.
42. Work in incinerators.
43. Processes involving risk of coming into contact withhydrogen cyanide acidor withsubstances which mayexcrete said acid.
44. Processesand/or works resulting in asbestos and/or silicon emissions in the air
45. Selling of newspapers, magazines, and allother product types:
a) on the road lanes;
b) a distance of less than 50 m from the intersectionscontrolled by traffic lights.
46. Cleaning of windshields/windows ofmotor vehicles on the road lanes.
47. Work in confined spaces.
48. Entry into places/locations/spaces with possibleaccess tonon-insulatedelectrical conductorswith voltage in access of 24 V.
49. Entry into transformer premises, premises for electrical switchgear, premises and territorieswhere apparatus/equipment is installedofclosed and openswitchgear.
50. Work on mobile scaffolding platforms.
51. Work on roofs.
52. Work in pits, shafts, wells, gas pipelines, chimneys/smokestacks,smoke flues, sedimentation/settling poolsand shafts.
53. Work under ground.
54. Work involving openmining of minerals.
55. Work withsand blasting equipment.
56. Work on aircraft.
57. Work in ship’s engine rooms.
58. Work in healthcare facilities, connected to patient care, cleaning of premises andwashing of underwear.
59. Work involvingemission oforganic dust, including mills,fodder installationsand crushers.
60. Work during which thevalues ofchemical agentsin the air of theworking environment, not included in Section I, exceed the limit values,specified inOrdinance No 13 onprotection of workers fromrisksinvolvingexposure tochemical agentsduring work (SG, Issue 8 dated 2004)
Non-exhaustive listof worksbanned for personsof age 15 to 16 years
1. All work and processesincluded in thenon-exhaustive listofworkbanned for personsunder the age of 18.
2. Hot metal processing.
3. Hot and coldmetal rolling.
4. Thermal processing of metals.
5. Practical training in welding.
6. Grinding andpolishing of metals, stone and othersimilarmaterials.
7. Work in allproductions of thechemical industry.
8. Cleaning of streetsand waste collectionwith transport vehicles.