Safety guidelines for working with children

This area of law is governed by many Acts, including The Protection of Children Act (PoCA) 1999, The Children and Young Persons Act (1933), The Management of Health and Safety at Work Regulations 1999 and The Health and Safety (Young Persons) Regulations 1997. The article addresses a number of issues regarding the importance of health and safety when working with small children, work experience students, and other less experienced individuals.

 

• Individuals who care for children as an occupation;
• Parents;
• Employers of children of all ages;
• Employers of work experience students;
• Anyone with an interest in Heath and Safety issues.

 

The PoCA list was introduced in 2000 when The Protection of Children Act first had effect. It lists the names of individuals who are considered unsuitable to work with children.

 

All regulated child care organisations have a duty to refer the names of those individuals who fulfil certain criteria making them unsuitable to work with children for possible inclusion in the PoCA List. The Act also permits other organisations, such as voluntary organisations, sports clubs and scout associations to refer names for possible inclusion in the PoCA List.

 

The effect of inclusion in the PoCA List is that child care organisations, which are obliged to check names of prospective employees against the list (through the Criminal Records Bureau) before offering employment, will be told whether or not an individual is listed in the PoCA List.

 

There are specific legal requirements and restrictions, on those who employ young people (and even more so, children). It is important for employers and others to be clear about what defines these two groups:

• A young person is anyone under 18 years old;
• A child is anyone who has not yet reached the official age at which they may leave school, just before or just after their 16th birthday (often referred to as the minimum school leaving age (MSLA)).

 

Under health and safety law, employers must assess the risks to young people before they start work/work experience and tell them what the risks are. The risks are almost the same as for any other individual, however, work experience students will need to be told the precise risks in more details than other employees because they will be less aware of the dangers.

 

• Use an appropriate method of communication when you deliver your message. Sitting down in an office for an hour might work with an older employee, however, the younger person is more likely to require two half hour sessions with a break in-between. Alternatively, if you have the resources, and are going to be hiring younger people regularly, you might like to have video made, or buy one in which explains the health and safety issues at hand;
• A prompt sheet for note taking is always a useful tool. You can use the sheet to help you remember the message and the work experience student can make additional notes on the sheet. They will be used to this sort of learning which is similar to a classroom experience;
• Give appropriate analogies so that they remember how to act if a dangerous situation occurs.

 

Children under the age of 13 may not as a general rule be employed. However, local authorities are able to grant a licence, allowing younger children to take part in paid performances, sports and modelling.

 

Licences for performances only cover acting or ballet, and need to be accompanied by a declaration that the part to be acted can only be taken by a child of that age, or that the performance is musical or consists only of opera and ballet. This licence will only be granted if the local authority is satisfied that the child is fit to undertake the work, that proper provision has been made for the child's health and kind treatment, and that his or her education will not suffer.

 

The Children and Young Persons Act (1933) sets 14 as the minimum age at which children may be employed, and gives the following restrictions:

• 14 year olds can do ‘light work’ only. ‘Light work’ is tasks and working conditions which would not be harmful to the safety, health or development of children, and would not compromise their educational;
• A 14 year old may not work for more than five hours on a Saturday or any other day (other than a Sunday) during the holidays. On a Sunday a 14 year old may only work 2 hours;
• On a school day, a 14 year old may not work: during school hours; before 7.00am or after 7.00pm; for more than 2 hours a day; or for more than 12 hours in any school week;
• In the holidays a 14 year old may not work for more than 25 hours in any week, or for more than four hours in any day without a rest break of one hour;
• A child must have at least two consecutive non-school weeks a year without work.

 

• Street trading (though some local authorities do allow children of 14 to be employed by their parents in street trading);
• Performing abroad (without a specific licence from a justice of the peace);
• Scrap metal sales;
• Betting shops;
• Petrol Stations;
• House to house charitable collections.

 

Employers have to keep a register of all employees under 16 and their dates of birth.The National Minimum Wage does not apply to workers under 16.

 

The employment of 15 year old and 16 year old children who have not reached school leaving age is restricted by the Children and Young Persons Act (1933).

 

Essentially, the restrictions on hours and types of work are the same as those applying to 14 year olds. However, at 15 and 16, a child may work for up to 8 hours on a weekday when he or she is not at school or on a Saturday and for up to 35 hours in a non-school week. The National Minimum Wage for 16 and 17 year olds is £3.00 an hour. These changes are annually.

 

Here the provisions are clear and unambiguous. They are to be found in the Management of Health and Safety at Work Regulations 1999.

 

Every employer shall ensure that all persons aged fewer than 18 employed are protected at work from any risks to their health or safety which are a consequence of their lack of experience, or absence of awareness of existing or potential risks or the fact that young persons have not yet fully matured.

 

• Is beyond his or her physical or psychological capacity;
• Involves harmful exposure to radiation or agents which are toxic or carcinogenic, cause heritable genetic damage or in any other way chronically affect health;
• Involves the risk of accidents which it can reasonably be assumed cannot be recognised or avoided by young persons owing to their insufficient attention to safety or lack of experience or training;
• There is a risk to health from; extreme cold or heat, noise, or vibration.

 

• Where it is necessary for training;
• Where the young person will be supervised by a competent person;
• And where any risk will be reduced to the lowest level that is reasonably practicable.

 

Employers are required to inform employees of risks to their health and safety also requires employers of children (but not of young persons over school leaving age) to provide parents with ‘comprehensible and relevant information’ on the risks to the child, and any preventative and protective measures in place.

 

• Take into account that these young people are likely to be inexperienced, unaware of health and safety risks and physically or mentally immature;
• Take steps to control risks, removing them altogether or reducing them to the lowest possible level;
• Let the parents/guardians of any students (and employees) below minimum school leaving age know the key findings of the risk assessment and the control measures taken before the young people start at work; and · Keep a record of the main findings of the risk assessment.

 

• How the workplace is fitted and laid out (and the particular site where the placements will work);
• What type of work equipment will be used and how it will be used;
• How the work is organised;
• The need to assess and provide health and safety training;
• The nature of any physical (eg noise), biological and chemical agents they may be exposed to, for how long and to what extent; and
• The risks from specific work hazards;
• Employers, says the HSE must not allow the young person to do the work where they find that a significant risk remains in spite of the best efforts to take reasonable steps to control it.