Employment of Children and Young Persons

Definitions:
A child is someone who is not over the compulsory school leaving age (s.58 Education Act 1944). School leaving age means:

(a) In England and Wales, the upper limit of compulsory school age for the purposes of s.8 Education Act 1996;
(b) In Scotland, the upper limit of school age for the purposes of the Education (Scotland) Act 1980; and
(c) In Northern Ireland, the upper limit of compulsory school age for the purposes of the Education and Libraries (Northern Ireland) Order 1986.

The Young Workers’ Directive

Management of Health and Safety at Work Regulations 1999
These Regulations revoked the Health and Safety (Young Persons) Regulations.

(a) Employers are required to assess the risk to employees under 18 years of age (this includes non-paid work experience trainees, etc before they start work. (Reg.3 (4) 2).
(b) The risk assessment must take into account the lack of training and experience, lack of awareness and immaturity.
(c) Specific rights outlined in the Regulations (physical and psychological tests beyond the capacity of young workers, exposure to toxic and carcinogenic agents, work with ionising and non-ionising radiation, work with fireworks and other explosives, work with poisonous and dangerous animals, extreme heat or cold, working with gas and electrical hazards and noise vibration) must also be taken into account.
(d) The findings of the risk assessment must be used to determine whether the young person should be prohibited from certain work (unless specific legislation already prohibits such work).

The 1999 Regulations require employers to give information to the parent/guardian or person having legal authority over a child they attend to employ (Reg. 10 (2)). They also require that young people be protected from risk caused by their lack of maturity or experience or knowledge of potential risk. The Regulations list work that young persons should not be allowed to perform (with derogation in certain circumstances, where the young person is no longer a child) (Reg. 19 (2)).

The Working Time Regulations deal with Maximum working hours (40), Daily Rest Periods, Weekly Rest Periods, Night Work, Non-employed trainees. The reference period, over which working time can be calculated is 17 weeks.

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