University Policy Statement S6/97

The Health and Safety (Young Persons) Regulations 1997

1. Introduction

The new Health and Safety Regulations protect the health and safety of young people (ie those under eighteen years of age) at work. The Regulations require departments and institutions to formalise their risk assessments for young people but do not otherwise require more than that which is already required under health and safety legislation.

The Regulations expand the scope of the Management of Health and Safety at Work Regulations 1992 (MHSW) which require amongst other things, risk assessments to be carried out. See University Guidance Note S1/02 and University Policy Statement S5/08 (Risk Assessment).

If the department or institution employs young people (young persons on work experience are designated as employees for the purpose of health and safety legislation) they should obtain or consult a copy of the Health and Safety Executive publication "Young People at Work" ISBN 0 7176 1285 6 available for reference in the Safety Office library or from Blackwells.

2. Risk assessment

a) Before young people start work a written risk assessment must be carried out. If they are already at work, the current assessment must be reviewed immediately (and if necessary committed to writing).

In carrying out the risk assessment, the following must be taken into account:

the inexperience, lack of awareness of risks and immaturity of young persons
the fitting-out and layout of the workplace and the workstation
the nature, degree and duration of exposure to physical, biological and chemical agents
the form, range and use of work equipment and the way in which it is handled
the organisation of processes and activities
the extent of the health and safety training provided, or to be provided, to the young persons
risks from agents, processes and work listed in the Annex to the European Directive on the protection of young people at work which is contained in "Young People at Work".

b) Young people must be protected from any risks to their health and safety which are a consequence of their lack of experience, absence of awareness of existing and potential risks, or immaturity.

c) Parents and those with parental responsibility for school-age children (ie under sixteen years of age) must be given information (a copy of the written risk assessment will suffice) about risks identified by the assessment, the preventative and protective measures, and any risks notified where the workplace is shared with another employer. All young people themselves should be similarly informed.

3. Prohibitions

a) Departments and institutions are prohibited from employing young persons for work which:

i) is beyond their physical or psychological capacity; or

ii) involves harmful exposure to agents which are toxic, carcinogenic, cause heritable genetic damage or harm to the unborn child, or which in any other way chronically affect human health; or

iii) involves harmful exposure to radiation; or

iv) involves a risk of accidents which it may reasonably be assumed cannot be recognised or avoided by young persons owing to their insufficient attention to safety or lack of experience or training; or

v) presents a risk to health from extreme cold or heat, noise or vibration

except where it is necessary for their training and they are supervised by a competent person, and the risk has been reduced to the lowest level reasonably practicable.

b) Departments and institutions are reminded of University Guidance Note S1/95 "Biological Health and Safety" and the prohibition on children under sixteen entering containment laboratories. The majority of animal houses would come under this category.

4. Action

This Policy Statement applies to all departments/institutions who engage young persons (those under eighteen years old). Administrators should ensure risk assessments have been made for the work of young persons in accordance with the requirements of this policy before allowing them to start work.