Wednesday 3 December 08 - 05:09
 

Business

Young people at work: the workforce of the future

School is out and many students will be looking for summer placements or their first 'proper job'. But employers should beware, says Ailish Oxenforth, an associate in the Regulatory Group of DLA, the international law firm.

A holiday job - or their first ever "real" job - is undoubtedly an exciting time for these young people and it can also be a difficult time for employers who are unprepared for accepting these new starters into their workforce.

Recent news reports have highlighted the fact that nine apprentices on work placements have been killed over the past two years and that the Health and Safety Executive (HSE) is looking into the issue.

The Trades Union Congress (TUC) reports that every week, 10 young people are seriously injured at work because they are not aware of their basic health and safety rights as an employee and have not been given adequate training by their employers.

The HSE estimates that 70% of workplace accidents could be prevented if employers put proper safety control measures in place.

Businesses need to have health and safety strategies in place to ensure the well-being of young workers in order to protect both the inexperienced new employee and their reputation and livelihood.

What kinds of accidents?

Young workers, particularly those below school leaving age, are vulnerable due to their lack of experience, awareness of occupational risks to their health and safety and possible immaturity (both physical and mental).

These factors put them at particular risk from all kinds of potential hazards. Common types of accidents (although not exclusive) include being struck by a moving vehicle;

being injured by machinery (particularly with respect to hair and clothes being pulled into moving machinery); injury due to incorrect manual handling procedures; injury due to slips, trips or falls;

injury due to exposure to harmful chemicals; or injury from electrical equipment.

Risk management The law requires that employers control health and safety risks to employees and others "so far as is reasonably practicable".

This general requirement applies to young persons as it does to any other worker or person affected by a business's activities. Steps to ensure you are doing this include having a clear system in place to manage health and safety in the workplace.

If you employ five or more people, then you must set this out in a written health and safety policy statement outlining procedures and designated representatives' roles. You will also need to appoint a competent person(s) to help you comply with your legal obligations.

Identification of hazards and assessment of risks. Once assessed, risk control measures should be implemented and again, if you employ five or more people, this should be documented. It is also essential that you inform, train and supervise your employees - and especially young workers - with respect to any measures you implement regarding risks and hazards.

Clear administrative and reporting structures. For example, employees need to know how to report accidents and seek first aid assistance within your organisation;

certain accidents will need to be reported to the HSE and the relevant forms will need to be completed; employers' liability insurance will be needed and your workforce and its representatives will need to be consulted on certain health and safety issues.

It is also good practice to set out a responsibilities checklist to accompany your policy on young workers. It should include things like:

Have suitable and sufficient risk assessments been carried out?

Have any additional control measures required for young workers been identified and implemented?

Has appropriate supervision and induction training been organised?

Have parents/guardians been informed of risk and control measures?

Have tasks for young workers been properly defined and explained? Do they comprehend what is required of them to maintain the health and safety of themselves and others?

Have young workers been informed adequately and given appropriate information on risks, hazards and precautions?

Have activities from which young people should be prohibited been clearly identified? Has this been explained to them?

Have steps been taken to ensure young workers are isolated from dangerous equip-ment or has it been made safe for them to be in contact with?

Has someone been appointed to oversee the responsibility of supervising young workers or those on work experience placements?

If students are on a work experience placement, has effective liaison been established with the place-ment organisers to report any accidents/ill-health/incidents/ absences?

Have risk assessments on any special needs required by young workers been carried out - for example physical or learning disabilities, health issues such as allergies or asthma, colour blindness or use of prescriptive medicines?

Relevant legislation Young workers are covered by general health and safety legislation, there are specific regulations which outline further your duty as an employer.

For example, the Management of Health and Safety at Work Regulations 1999 (which incorporate the provisions of the Health and Safety (Young Persons) Regulations 1997) require employers to take account of young workers' lack of experience, awareness and possible immaturity when assessing the risks to their health and safety; conduct a risk assessment before the young person commences working; take account of the risk assessment when determining whether or not the young person is prohibited from certain types of work (this, however, does not apply when the worker is over schoolleaving age and will be required to carry out tasks under supervision as part of their training); and inform parents/ guardians of school-age children of the outcome of the risk assessment and the control measures introduced to reduce those risks.

Supervision Due to the vulnerability of young workers, and especially those under school-leaving age, adequate supervision must be provided at all times by competent persons. In choosing a member of staff to fulfil this role, care must be taken to ensure that the person involved not only has an understanding of risks, hazards and control measures, but also possesses the skills needed to mentor and guide a young person in the workplace. Active listening, an ability to assess capabilities, inform, instruct, guide, motivate and discipline if necessary are all skills required of a competent supervisor.

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