Since the 1
st of November, 2007 the
Children and Young Persons regulations as part of the
Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 732 of 2007), have been in operation. This regulation is further supported by
The Protection of Young Persons (Employment) Act 1996, which sets out the working hour limits for children, depending on their age.
What does this mean for Employers?
Before employing any child or young person, an employer must carry out a risk assessment of the work entailed. This risk assessment should also be reviewed if there are any changes made to the working activity, which may affect the health or safety of the child/young person.
This risk assessment should incorporate any risk which might arise from the following:
- They’re lack of experience, maturity and ability to foresee or have awareness of potential risk.
- Physical, biological and chemical agents which are specified in schedule 7 of the regulation.
- As well as if the working activity comes under the list set out in schedule 7.
This assessment should also take into account the layout of the working environment, extent if any to exposure of agents, use of devices and machinery as well as the level of training and supervision which will be received by the child/young person.
An employer should assign a competent person to supervise and ensure the child/young person is protected from risk, as well as inform the child/young person and parent or guardian of the risk involved and protective measures in place to prevent risk.
Where the work involved, reveals there is a risk to their health, an employer is expected to make available a health surveillance assessment and inform the child/young person and parent/guardian of its necessity and the results of said assessment.
Age limitations
An employer is required to ask, to see the birth certificate of any person under the age of 18.
An employer must also receive written permission from the child’s parent/guardian, if under the age of 16.
During school terms, as long as the work does not effect a child’s school attendance, a 14 year old may be employed for light work which is approved as part of an educational experience programme. A 15 year old may work a maximum of 8 hours a week. Both age groups must be given a thirty minute break, if working more than four hours.
16 and 17 year olds should be given a thirty minute break, if they work a period of 4.5 hours.
Both may work to a maximum of 40 hours between the hours of 6am and 10pm.
Prohibiting Circumstances
For the purposes of protecting children and young persons, an employer shall not employ them if the risk assessment shows:
- The task is beyond the physical, psychological ability of the child/young person.
- That the activity would expose the child/young person to toxins, cancer causing agents or that which would cause chronic health effects.
- Where there would be interaction with radiation.
- Or where a risk is presented from being exposed to noise, vibration, heat and cold circumstances.
Declan Ryan is a Technical H&S Advisor working with Peninsula Business Services (Ireland) Ltd; who are Ireland’s leading provider of employment law and health & safety services. Established in Ireland since 1997, we have thousands of businesses who have already integrated Peninsula to work as part of their HR and Health & Safety departments. With offices in Dublin, Belfast, Sydney and Manchester, Peninsula employs 1000 people across Ireland, Australia and the UK.
