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KAJ Safe  
#1 Posted : 25 July 2012 10:55:19(UTC)
Rank: Forum user
KAJ Safe

We have set on a 16 year old and I am looking at the management regs (I was unaware we had set this person on until his 1st day on site). Usual induction, tour etc has been given but I have noticed that reg 19 (2e) of the above states that they cannot be employed if there is a risk to health from noise. Apologies for being stupid but if the work area is mandatory hearing protection and people wear said protection - is this acceptable for a 16 year old or is it still deemed to be a risk? Thanks
KAJ Safe  
#2 Posted : 25 July 2012 11:03:57(UTC)
Rank: Forum user
KAJ Safe

Also, do we have to discuss the the findings with the young persons parents. Would anyone have a young persons risk assessment format they would like to share.
alistair  
#3 Posted : 25 July 2012 11:16:04(UTC)
Rank: Forum user
alistair

Hi - There are slightly different requirements for a child under minimum school leaving age and a young person under 18. The confusion arises due to the different definitions in h & s law and child protection law! However, even if the person is on work experience and is under 16, as long as control measures are in place (i.e. hearing protection) and no significant risk remains, they can carry out the work in that area. There are formats for young persons RAs but i normally just amend the general RA for all staff accordingly i.e. adding any additional controls , supervision, prohibitions, etc as a result of a young person being inexperienced and having a lower level of risk awareness. There is no need to inform parents of risk assessment findings for those who have left school.
redken  
#4 Posted : 25 July 2012 11:16:57(UTC)
Rank: Super forum user
redken

The legislation goes onto say: 3) Nothing in paragraph (2) shall prevent the employment of a young person who is no longer a child for work- (a) where it is necessary for his training; (b) where the young person will be supervised by a competent person; and (c) where any risk will be reduced to the lowest level that is reasonably practicable. But the guidance states that all three of the above have to apply: 98 The employer needs to carry out the risk assessment before young workers start work and to see where risk remains, taking account of control measures in place, as described in regulation 3. For young workers, the risk assessment needs to pay attention to areas of risk described in regulation 19(2). For several of these areas the employer will need to assess the risks with the control measures in place under other statutory requirements. 99 When control measures have been taken against these risks and if a significant risk still remains, no child (young worker under the compulsory school age) can be employed to do this work. A young worker, above the minimum school leaving age, cannot do this work unless: (a) it is necessary for his or her training; and (b) she or he is supervised by a competent person; and (c) the risk will be reduced to the lowest level reasonably practicable Since they are 16 and therfore not of compulsory school age you do not need to inform the parents.
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