LRD guides and handbook July 2017

Health and safety law 2017

Chapter 3

Young workers



[ch 3: pages 54-55]

Regulation 19 of the Management Regulations requires employers to protect young workers (those aged under 18) from risks to their health and safety arising from lack of experience or maturity. They must not employ a young person for work which:



• is beyond their physical or psychological capacity;



• involves harmful exposure to radiation or toxins or carcinogens (cancer-causing agents);



• involves the risk of accidents which may not be recognised or avoided by young people by virtue of their inexperience; or


• involves a risk to health from extreme cold or heat, noise or vibration.



The HSE says that a child must never carry out work involving these risks, whether they are permanently employed or under training such as work experience. And a young person who is not a child can carry out work involving these risks only if:



• the work is necessary for their training;



• the work is properly supervised by a competent person; and



• the risks are reduced to the lowest level, so far as reasonably practicable.



Regulation 3 sets out that the employer must carry out the risk assessment before the young worker starts work. It states: “An employer shall not employ a young person unless he has, in relation to risks to the health and safety of young persons, made or reviewed an assessment…”



The HSE advises that employers must consider:



• the layout of the workplace;



• the physical, biological and chemical agents they will be exposed to;



• how they will handle work equipment;



• how the work and processes are organised;



• the extent of health and safety training needed; and



• risks from particular agents, processes and work.



Whenever a child is below the minimum school leaving age, the key findings of the risk assessment and the control measures taken must be provided to the child’s parents before they start work or a work placement. This does not have to be in writing.



HSE web pages on young people at work are at www.hse.gov.uk/youngpeople.



TUC, Young workers: a guide for safety representatives is available to download from the TUC website (https://www.tuc.org.uk/sites/default/files/extras/youngworkers_safetyreps.pdf).



LRD booklet, Safety, health and equality at work — a practical guide for trade unionists (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1612).