Since the 1st of November, 2007 Chapter 1 of Part 6 of the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 732 of 2007), dealing with the protection of children and young persons has been in operation. The regulations provide important guidance relating to the employment of children and young persons.
The principal legislative source governing the employment of children and young persons is the Protection of Young Persons (Employment) Act 1996 (the Act) which sets out among other issues the maximum working hours for children, depending on their age.
Under the Act, the following definitions for a child and young person are set out: -
- Child – a person below the minimum school leaving age (in other words, under 16 years of age)
- Young Person – above minimum school leaving age but under 18 years of age.
Employers’ duties
Organisations that employ children and young persons are required by health and safety legislation to carry out risk assessments in relation to the work activities in question. The outcome of any such risk assessments must be explained to the young person.
Employers are required to ensure that children and young persons are protected from all the usual workplace risks and any others which arise by reason of their: -
- mental limitations (lack of knowledge and experience)
- physical limitations (the body is not fully developed)
- immaturity (requiring further supervision).
Restrictions on the work in which young people may be engaged are set out together with requirements that they be supervised by a competent person and that risks are reduced to a minimum level.
Insurance
Employer’s liability insurance policies do not always include cover for young people on work experience schemes. It is vital therefore that you always inform your insurers when you take on employees under the age of 18 to ensure that the appropriate risks are covered.
Risk assessments
When carrying out a risk assessment in relation to the employment of a child or young person it is important to consider issues such as:
- how the workplace is fitted and laid out, particularly the place(s) where the child or young person will spend their working time
- the type of work equipment that they will use and how it is handled
- how the work is organised
- what training, including health and safety issues, is required
- who will be responsible for the direct supervision of the child or young person
- the nature and extent of any hazardous substances with which they may come into contact
- hazardous plant, processes or equipment that may distract them from the work allocated to them or attract their attention to see what it does, how it works, etc.
Information, instruction, training, and supervision Providing information, instruction, training, and supervision ensures that safety awareness is increased and competence levels are improved. Determining the level of training and supervision required involves an assessment of the maturity and experience of the young person.
Records
Ensure that you always keep a record of the training that you give to any child or young person; remembering that short pre-planned ‘toolbox talks’ constitute legitimate training. Keep records of all training given (preferably countersigned by the trainee) with your personnel files or your organisation’s safety records.
To learn more about safeguarding your business against the risks associated with employing children and young persons, please call our 24-hour advice service on 0818 923 923
