A dedicated risk assessment be carried out before starting work.
The assessment should take into account the inexperience and immaturity of the young persons and also their possible lack of awareness of existing or potential risks. There may be situations where these factors are of sufficient importance that the young persons should be prohibited from the work.
For a ‘child’ the parents must be provided with information relating to the assessment and task concerned. As above the employer may prohibit the ‘child’ from carrying out a task even if the risks are acceptable for an adult.
Students and schoolchildren under 18 years, including those undergoing work experience, are covered by the Management Regulations. This is because persons undertaking 'relevant training' are considered as employees for the purposes of health and safety law, by virtue of the Health and Safety (Training for Employment) Regulations 1990.
Organisations or individuals who arrange placements for work experience schemes (placement organisers) have duties under HSW Act s.3.
In many cases the physiological risks to adults and young persons are the same. However, there are some areas where young workers may require greater protection because of physiological differences. Listed below are some of the areas:
- Work where pace is determined by machinery (muscle strength not fully developed);
- Work in high pressure atmospheres (bones not fully developed and may be at greater risk of long-term harm);
- Ionising radiation (slightly greater risk of developing cancer and hereditary effects); and
- Whole body vibration (WBV) (greater risk of spinal damage as bones not fully matured and muscle strength not fully developed).
Generally the risk assessment will be the vehicle which determines whether or not the ‘young person’ or ‘child’ can be allowed to carry out a task.
The above are the requirements of the H & S law. The situation may be different where the ‘young person’ or ‘child’ is a member of the family and not considered to be working, however they would be owed a duty of care and should be protected against any hazards and risks to their health and safety.