18.03.08 : Trainees and Young Workers

The Health and Safety Executive (HSE) recently reminded companies to ensure that they pay attention to trainees health and safety needs and that they are supervised properly.

As many Year 10 students embark on their first forage into work experience with companies across the UK, this is a reminder that training and supervision of young workers is of utmost importance.

The warning came after three companies and a manager were fined a total of £217,500 plus £125,000 costs at Manchester Crown Court for breaching health and safety law, following the death of a 17-year-old trainee scaffolder.

The young man died in January 2004 after falling approximately 18 metres whilst working to construct a scaffold within a 20-metre high sewage digester tank.

• A young worker is anyone that you employ who is under 18 years of age.
  
• You should note that young people on work experience programmes are regarded in law as the employees of their work placement provider. Therefore if you take work experience students from local schools or colleges then they are regarded in law as your employees.

When hiring a Young Worker (including work experience students), as an employer, you must carry out a risk assessment. Your risk assessment must specifically take into account the young person's possible lack of awareness of existing or potential risks, immaturity and inexperience.

The extent of the risks identified in the risk assessment will also determine whether you should restrict the work of the young person. Generally young people below the age of eighteen years cannot do work which:

• Is beyond their physical or psychological capacity
  
• Exposes them to substances chronically harmful to human health e.g. toxic or carcinogenic, or has effects likely to be passed on genetically or likely to harm an unborn child
  
• Exposes them to radiation
  
• Involves risk of accidents which they are unlikely to recognise because of their lack of experience or training or sufficient attention to safety
  
• Involves a risk to their health from: extreme heat, noise or vibration.

Commenting on this tragic case, brought by HSE, Chief Inspector of Construction Stephen Williams said - "All industries, especially the construction sector, rely on keen young people. However, employment opportunities must not come at the expense of young workers' safety. With the number of apprentices in the workplace set to increase, it is critical that the work they are expected to carry out has been properly assessed and suitable controls put in place to ensure their health and safety. Managers and supervisors have to recognise that youngsters fresh to the workplace may well have a limited perception of the risks involved in the work".

"This young man's death, at the very start of his working life was not only a tragedy, it was also entirely preventable. Had those responsible assessed the work properly and ensured that he was supervised at all times by a qualified scaffolder, then he would not have been killed".

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