Labour Research July 2008

Law Queries

Young workers

Q:Our employer wants 16-year-olds to carry out cleaning duties. Is this lawful, as they will have to use cleaning chemicals?

A: The Management of Health and Safety at Work Regulations 1999 state that before recruiting young workers (under-18s) employers must conduct a risk assessment to determine the risks to their health and safety. Regulation 19 also states that under-18s should not be employed for work that exposes them to radiation or harmful substances.

If the cleaning chemicals are toxic or carcinogenic then they would be included in this. However, the regulations do allow employment if the young person is supervised by a competent person and the risk is reduced to the lowest that is reasonably practicable.

If the 16-year-olds are still at school but doing work experience, the employer must also let their parent/guardian know the outcome of the risk assessment in writing.