A July 1, 2023, update to Iowa's Youth Employment Law (SF 542) allows Iowa employers to apply for a waiver that permits 16- and 17-year-olds to participate in approved work-based learning or work-related programs that involve certain hazardous work activities under certain conditions.
The waiver process requires coordination between Iowa Workforce Development (IWD), the Iowa Department of Education (IDOE), and the Iowa Department of Inspections, Appeals and Licensing (DIAL). The information included on this page outlines the waiver process, explains the two situations when a waiver or agreement/permission form may apply, and provides the list of hazardous and always-prohibited activities.
IWD will make every effort to respond promptly and will review applications in the order that they are received. For questions about your application or to discuss your program with the state, please contact Kathy Leggett, IWD Business Engagement Liaison: Kathy.leggett@iwd.iowa.gov.
The youth waiver process is intended to, under certain conditions, provide an exception (waiver) for approved employer-administered work-related programs that include hazardous activities as part of training for 16- and 17-year-olds. This waiver is not intended for employers to hire minors to perform hazardous work as regular employees would (18 years and above). Instead, it allows short-term training in specific hazardous activities as part of a structured training and learning opportunity.
Employers who are actively sponsoring or developing a work-based learning program and would like to consider skills development on eligible hazardous activities (for 16- and 17-year-olds) can pursue one of two pathways:
Employer-led Student Learning Program: No high school involved partner (requires a waiver).
High School Partnership Work-Based Learning Program: Working with an approved high school partner (does not require waiver).
Both pathways have different processes, which are explained in the sections below. Any permitted hazardous activities for 16- and 17-year-olds, regardless of which program, require parental permission forms to be submitted to the state by the employer prior to the minor beginning training.
The following is a list of waiver-eligible hazardous activities that may be performed by 16- and 17-year-old(s) under certain circumstances under Iowa's new law.Code definitions for listed activities are available in Chapter 240 of the Iowa Administrative Code (you will need to scroll through the link to find the specific activity you are looking for.)
List items for Waiver Eligible Activities
Operation of power-driven woodworking machines.
Operation of elevators and other power-driven hoisting apparatus.
Operation of power-driven metal forming, punching, and shearing machines.
Operation of certain power-driven bakery machines. Except as otherwise provided in this subsection, this subsection does not apply to the operation of pizza dough rollers that are a type of dough sheeter that have been constructed with safeguards contained in the basic design so as to prevent fingers, hands, or clothing from being caught in the in-running point of the rollers, that have gears that are completely enclosed, and that have microswitches that disengage the machinery if the backs or sides of the rollers are removed, only when all the safeguards detailed in this subsection are present on the machinery, are operational, and have not been overridden. However, this subsection does apply to the setting up, adjusting, repairing, oiling, or cleaning of pizza dough rollers as described in this subsection.
Operation of certain power-driven paper products machines, except loading balers if the machine is powered off and the key is stored in a separate area from the machine.
Manufacturing of brick, tile, and related products.
Operation of circular saws, band saws, and guillotine shears.
Wrecking, demolition, and shipbreaking operations.
Roofing operations.
Excavation.
Work activities in or about foundries; provided that office, shipping, and assembly area employment shall not be prohibited by this chapter.
Operation of dry cleaning or dyeing machinery.
Transmission, distribution, or delivery of goods or messages between the hours of 10:00 p.m. and 5:00 a.m.
Certain work activities also are prohibited under federal law. Employers should first consult an attorney to determine how the law applies to your program and how to accurately describe the work activity.
Application for a waiver does not equate approval. Through the waiver application, process activities may be approved or denied.
A reminder that any permitted hazardous work activities for 16- and 17-year-olds, regardless of which program, requires that your company submit parental permission forms to the state prior to the minor engaging in the permitted hazardous work activity.
In this situation, the employer is not working with an approved high school partner (waiver pathway).
You need to apply for a youth employment waiver if you:
Are an employer in Iowa
Have an employer-administered work-based learning program that employs 16- and 17-year-olds and would like to include training and skill development for the 16- and 17-year-olds on certain hazardous activities (link to document waiver eligible activities 1.31.26) as part of your training program.
And:
You are not in a partnership with an approved high school work-based learning program.
In this situation (employer-led program), employers can apply to include certain hazardous activities that otherwise are prohibited for a limited amount of time and under specific conditions as part of training during the work-based learning program.
General Steps
Employer completes and submits the application.
The application is reviewed to assess whether additional information is needed.
If follow-up information is needed, IWD will contact the employer to request the information.
Complete application information is reviewed by IWD and DIAL.
With DIAL’s comments, the application is reviewed by an internal IWD committee.
The application and committee recommendations are reviewed by the IWD Director.
Upon completion of this process, the employer will be notified whether they have been approved or denied.
If the application is approved, IWD will send you a company-specific parent permission form to use that defines the nature of the hazardous activity.
What type of information is requested in the application?
Basic employer information, like your employer point of contact and address.
Identification of the specific hazardous activities.
Who conducts the training and supervises the 16- and 17-year-olds, and the credentials that qualify those individuals.
The training plan and related materials.
Certain guarantees by the employer that they are complying with state law.
In this situation, the employer is working in partnership with an approved high school partner (non-waiver pathway).
Any work-based learning program wishing to include certain hazardous activities to train 16- and 17-year-olds must be conducted in partnership with approved high school work-based learning programs and take place under specific agreed-upon conditions (see Iowa Code § 92.8A).
If so, employers with approved school partners must complete the following steps.
For questions about the waiver process or an application with your program, please contact Kathy Leggett, IWD Business Engagement Liaison: Kathy.leggett@iwd.iowa.gov.
For a list of frequently asked questions (and answers), visit:
