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West Virginia hazardous orders for minors

Federal FLSA defines 17 Hazardous Occupations Orders (HO-1 to HO-17) that prohibit minors under 18 from working in specific dangerous jobs. Every state — including West Virginia — incorporates the full federal list by reference. On top of that floor, West Virginia layers 3 additions enforced under West Virginia Code §§ 21-6-1 to 21-6-13 (Child Labor).

Quick facts

Federal HOs
17 (HO-1 to HO-17)
West Virginia additions
3
Min age for HO work
18 (HO-2 / HO-7: 17 with carve-outs)
Enforced by
Local school superintendent (Work Permit)
State statute
West Virginia Code §§ 21-6-1 to 21-6-13 (Child Labor)
Last verified

Federal hazardous orders that apply in West Virginia

All 17 federal HOs apply in West Virginia by operation of the FLSA (29 CFR Part 570 Subpart E) and the § 218(a) “more protective” clause. West Virginia's own code re-lists 2 of them by name — the remainder are still binding through federal incorporation.

Re-listed in West Virginia code

  • 29 CFR Part 570All federal hazardous orders HO-1 through HO-17
  • HO-10Operating power-driven meat-processing machines

See the full federal HO-1 to HO-17 list with plain-English summaries →

West Virginia additions on top of the federal floor

These prohibitions are unique to West Virginia or go further than the federal floor. They're enforced under West Virginia Code §§ 21-6-1 to 21-6-13 (Child Labor) by Local school superintendent (Work Permit).

  • Coal mining and underground mining (any minor)WV Code §21-6-2
  • Door-to-door sales for minors under 16 without adult supervisionWV Code §21-6-3
  • Sale or service of alcohol for minors under 18WV Code §60-3A-25

Where to verify West Virginia's hazardous-orders enforcement

When the FLSA federal floor and West Virginia state rules conflict, the stricter standard applies (FLSA § 218(a)). If you're an employer unsure whether a specific task is allowed, or a parent / minor who suspects a violation, contact the state labor agency directly through the links below.