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Posted By richard emery
I a cuurently advising on agricultural employent.
It would seem to be expeted that "Young persons" and occationally "children" are being left unattended and unsupervised, working on farms. I have raised my concerns with the employers concerning an extended duty of care to Young persons and children and also the need for specific risk assessents for them. However, as I've just said it seems common place for this activity to be carried out,also, using "Young Persons" to supervise "children", that said, I'm still not happy with the liability of this activity. How does the forum view this iffy subject.
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Rank: Guest
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Posted By Frank Hallett
Richard
May I suggest that you do a search on this Forum for "Young Persons", MHSW, and MHSW Reg 19.
You should also visit the HSE web-site and search for "Farms" and "Young persons".
If you need further support, please contact me direct [click on name] if you wish.
Frank Hallett
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Rank: Guest
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Posted By richard emery
thanks Frank, however the HSE are not particually helpful on the subject of young persons supervising children. Their ok on the use of tractors, atv's and vehicles etc.
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Rank: Guest
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Posted By Cathy Ricketts
You are certainly going to have a battle here. It will depend on who the children are - ie family members - having being brought up in a farming environment it was not uncommon for myself and my younger siblings to remain in area carrying out work whilst a tractor and trailer was driven elsewhere to obtain/deliver feed or other items. - having said that we had a streetwise awareness of the risks involved and what to do in an emergency - no mobiles then. However in general terms children should not be supervising other children and if you have a look at HSG165 you may find some additional help there - also think about duty of care to those other than employees
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Rank: Guest
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Posted By Johnpett
IF this is work experience have you sent all the risk assessments to the parents? I cant remember off the top of my head where this is stated but I am sure its in the management regs some where.
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Rank: Guest
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Posted By richard emery
Hi, thanks to both of you for your postings. Haven't looked at HSG165, must get a copy, been meaning to but ever got around to it. As for work experiance, no they aren't, and if they were, they are generally well covered by the companies who manage the work experiance placings. The young persons involved are full time, having left school last summer, the children may well be family and equally may not as they have a fairly high turn over of under 16's. All farms have always had a high amount of play factor to the local lads and lassies, however in both times gone by and still today, kids get killed and hurt though lack of supervision. Think I'm going down the "Risk Assessment" and "Duty of Care" Route, if nessecary with a big stick and a loud dog.
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Rank: Guest
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Posted By Cathy Ricketts
Re information on risk assessment to parents it is where a child is below the minimum school leaving age and therefore would apply to those under 16 who have not officially left school (There are always a small no of 15 year olds with July/Aug birthdays to whom this does not apply as they are technically above the MSLA) - see Reg 10 guidance note 66 of Management Regs
Also try Children's Legal Centre who provide an excellent leaflet called Children at Work a Guide to the Law (it is a charged publication) but they also have a number of FAQs on their website. Covers information like hours of work, work permits, risk assessment etc
http://www.childrenslega...cations.asp?NodeID=90504
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