Rank: Super forum user
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Hi all
I have a work experience lad coming to our site in one week time (nothing like lots of notice), As I don’t want him to just end up making the tea, there are a number of activities I would like him to have a go at (all 100% supervised).
One activity is a go on the fork lift truck not as part of our undertaking, but a cordoned off area of the yard where he can not come in contact or even be near anything else we are doing. Pick up empty pallets etc and move it about. Again this will be 100% supervised. I will obviously do a risk assessment for everything and send it to the school, but is there anything out there that would prevent me letting a 15 year old trying this activity with the above conditions. ie just too young so no.
I’m happy this can be done in a controlled way, with the only thing at risk is a wooden pallet.
Anything that would stop me?
Please I don’t have time in this instance to go read reams of paperwork as I need to get the RA to the school ASAP.
Thanks
Chris
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Rank: New forum user
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Chris,
His age (school?) and your insurance cover might be an issue?
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Rank: Super forum user
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Hmmm a tricky one, becasue the reality is this should be fine in a controlled manner as you describe.
If I were giving professional advice I'd still have the nagging issue of the acop:
http://www.hse.gov.uk/pubns/priced/l117.pdf
Which states that children under 16 should never operate forklifts (para 49).
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Rank: Super forum user
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Yes In the back of my mind I half remembered the acop (though struggling with the high pollen count this week, so the mind is not good) the word Never does not leave much wriggle room.
I was hoping someone would be able to point me towards something that said if it was not actual work, just training it would be ok. The 100% supervision and the instruction for the FLT would be by his dad.
Thing is a child can go to diggerland and drive a digger!
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Rank: Super forum user
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Sorry forgot to add thanks for the reply Jake and Dave.
Chris
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Rank: Super forum user
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Hi Chris
There is also the issue of the need for basic training (even if they were old enough)
32 Employers should not allow anyone to operate, even on a very
occasional basis, lift trucks within the scope of this ACOP who have not
satisfactorily completed basic training and testing as described in this ACOP,
except for those undergoing such training under adequate supervision.
Bah humbug
Ian
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Rank: Super forum user
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Yes it was only training I was thinking about, no actual work (for him).
Bah humbug indeed, everything else in the world is on your shoulders after you have done your risk assessment, except this.
Looks like I have no choice but to be the bad guy again. I still think we could have done it safely, but "Never" is absolute.
thanks anyway Ian
Chris
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Rank: Super forum user
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The ACOP isn't law
I think if you have all bases covered with a RA you will be fine.
After all, the said 16 year old can legally drive a tractor on the public highway with no supervision.
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Rank: Super forum user
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Rank: Super forum user
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Walker you are correct that ACOP's are not law, but my understanding is that they can be used in court and you either need to do what they say or something better ?
The lad in question is 15 years old, and although I feel we can do this safely, I of course can not guarantee 100%. Not being able to guarantee something else 100% is fine, but as above this seems absolute and not open to my interpretation.
I have until first thing tomorrow to decide, so if anyone can point to anything in writing that would give me some wriggle room, that would be good?
Has anyone else managed to justify letting an under 16 year old do some training specifically on a FLT?
Redken – you just know anything that starts www.gov.uk........ Is not going to be clear, helpful or even funny. There seems to be a push to make it look like things are easier, with less bureaucracy, but if things go wrong, “your own your own mate”.
Chris
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Rank: Forum user
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Para 49 is not ACoP it is guidance? Look at the coloured bar right beside it. Document is titled ACoP and Guidance?
Absolute duties are contained within the legislation not ACoP nor Guidance. For ACoP you should be able to demonstrate that you met it in some other way or that your management system was better...
Para 32 if this was absolute it would read "....shall not....."
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Rank: Super forum user
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Chris, I cannot give you anything more than the ACOP. I can tell you that I have never known an employer, in 10 years of working with employers and work experience, who would even consider such an experience for a 15 year old work experience child. Yes child as he is only 15 years old. And furthermore, the employer knows nothing of the child's maturity, physical ability etc.
Why would an employer want to take the risk to say nothing of the cost of arranging and managing such an experience?
Thanks to Ken for the link. As I suspect he knows, it changes little.
For example, there has been an agreement for many years that ELI covers WEX students. Then there is the matter that most employers don't ordinarily employ young persons or children so they have not considered the risks. Thus if they take a student they will still need to do so, where is the reduction?
P48
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Rank: Forum user
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Before entangling yourself with this any further I'd check two things - will the local authority/school and if your insurance company would permit this. I've dealt with various school work placements and apprenticeship placements and neither the local authority/managing agents or our insurance companies would permit what you are suggesting under any circumstances.
Pat on the back however for trying to give the young person a valid work experience placement rather than making them sweep floor and make tea.
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Rank: Super forum user
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Rank: Super forum user
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Thanks for the replies. The links to the gov web site and HSE web site do very little if anything to help, but thanks for them worth checking. As far as I can see they say you don't need to specifically do a risk assessment for young people, providing your assessment already covers them. You also don't need to do a specific assessment for an individual unless that individual has something about them that requires a specific assessment, which you will only know when going through the process.
Their view of radical reduction is not the same as mine. As noted above I see these statements as little more than hot air and do not fundamentally change anything. They seem to mix up work experience for young people with that for those classed as children, so much for clarity. There may be a reduced burden on schools etc, but on the employer, I can't see it (unless you do a lot of it).
It was good to note the fact that it was in the guidance section, not the ACOP (I missed that), but due to the short time scale I have conceded this time. I have asked for more notice next time, so if it comes up again I may have chance to put it by Insurance / school (something it appears the Gov are saying is not required - mmmm)
Thanks everyone
Chris
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Rank: Super forum user
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Chris, as an aside. Year 10/11 work experience is almost certainly on its last legs. It is no longer mandatory anyway and with the school leaving age going up to 18 any WEX that schools and colleges plan will almost certainly be in year 12/13 and hopefully more closely aligned to any studies/interests.
Employers who don't usually employ under 18's will have to do exactly what they do now. Review their assessments and decide if any extra or different controls apply. As you have demonstrated that is so easy that it will encourage employers to offer more and more placements. (tongue firmly placed!) The legal status of trainees is not changed (H&S(training for employment) regs 1990.) and thus the liability insurance arrangements have not changed either
I could go on but the point is made I think. Smoke and mirrors.
p48
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