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Safety Smurf  
#1 Posted : 18 October 2011 14:54:17(UTC)
Rank: Super forum user
Safety Smurf

Ok, Setting the comedy aside for one moment. 'Young Persons' in our context means those between school leaving age and the age of 18. Now that 6th form or further education is compulsory, this means we have specific legislation governing 17 year olds. Still leaving the comedy aside. Isn't that a bit excessive? The reasons behind the legislation in the first instance was to cater for their inexperience and lack of maturity (amongst other things), these are not attributes exclusive to 17 year olds! The number of 17 year olds going straight into work is dropping and the number of 'inexperienced' workers over the age of 18 is increasing. Isn't it about time legislation caught up?
Bob Shillabeer  
#2 Posted : 18 October 2011 15:00:55(UTC)
Rank: Super forum user
Bob Shillabeer

Probably right Smurf, raise the applicable age to 21, as many younger people are not getting jobs until that age so are very inexperienced even at 21 these days.
David H  
#3 Posted : 18 October 2011 15:18:53(UTC)
Rank: Super forum user
David H

Not sure Smurf. I agree that with the changing face of UK industry and the need for many to take a change in career - (myself included) - there are many "inexperienced" workers now exposed to new hazards in the workplace. But I believe they are a bit more mature than the "young persons" and therefore less prone to just diving in, or being afraid to stop and speak up for themselves if they feel at risk. David
Safety Smurf  
#4 Posted : 18 October 2011 15:49:49(UTC)
Rank: Super forum user
Safety Smurf

quote=David H]Not sure Smurf. I agree that with the changing face of UK industry and the need for many to take a change in career - (myself included) - there are many "inexperienced" workers now exposed to new hazards in the workplace. But I believe they are a bit more mature than the "young persons" and therefore less prone to just diving in, or being afraid to stop and speak up for themselves if they feel at risk. David
I understand where you are coming from David but the current legislation lends itself to people not considering immaturity and inexperience past the age of 18. When most now will have only just left the cosseted world of education.
Clairel  
#5 Posted : 18 October 2011 16:08:47(UTC)
Rank: Super forum user
Clairel

Aren't they thinking of dropping the minimum leaving age to 14 now??
jay  
#6 Posted : 18 October 2011 16:24:33(UTC)
Rank: Super forum user
jay

The specific "Young persons" aspects in the Management of Health & Safety at Work Regulations originate from a European Directive and no matter what politicians or we want/say, it is there to stay unless the Directive is amended!
Steve Emery  
#7 Posted : 18 October 2011 16:50:26(UTC)
Rank: Forum user
Steve Emery

Surely there will still be apprenticeships and work experience periods not forgetting weekend work thus giving us Young Persons?
HSSnail  
#8 Posted : 18 October 2011 17:04:04(UTC)
Rank: Super forum user
HSSnail

How many young persons have a part time job? I know while i was in the 6th form i worked for a well known supermarket so the regulation protected me. Sorry for any mistakes spell check not working
cliveg  
#9 Posted : 18 October 2011 17:13:48(UTC)
Rank: Forum user
cliveg

Having spent years picking up the pieces when young people have been doing daft things, I have to say I would agree that people should be regarded as being a 'young person' until they are 21. These days there seem to be very few with the common sense or experience to be let out without their mum much before that. For example, young drivers below that age are particularly prone to piling themselves and their mates into trees - probably why the insurance premiums reflect that.
pete48  
#10 Posted : 18 October 2011 20:50:08(UTC)
Rank: Super forum user
pete48

An interesting question. We would need to consider (in no particular order): -the difference between age related development and inexperience of the work place. -what is the current % of children who leave to find employment at 16 as opposed to staying at school or college and entering the workplace later. i.e how much difference will there actually be. -the reason for identifying young people and children as specific persons at risk is based in the fact that development is generally age related during childhood and adolescence. -the work environment design aspects -people have been entering the workplace between 16 and 24 for many years and will continue to do so. -young apprenticeships can start as young as 14 -young people as young as 13 will still enter the workplace on approved and allowed work The key reason for the current regs is that employers need to recognise the difference between a young person and a new inexperienced employee. A young person is both, anyone can be the latter. So, systems to deal with the latter are already required and need no change. Systems to cover the former also exist and they need no change in my view. p48
bob youel  
#11 Posted : 19 October 2011 07:43:24(UTC)
Rank: Super forum user
bob youel

Its an interesting point that we will allow our soldiers to fight and die at 18 [ youngsters make the best soldiers] but not allow them to be treated as anything but a 'child' in a pub etc. until its suits society We have to have a cut-off somewhere and in my view 18 is a reasonable age noting that many people are not mature etc irrespective of their age whatever happens e.g. some 'people/children' stay in school until their mid 20's [ primary school to senior school to university] and have no real life experience whilst others [carers especially] are in the real world at 10 and even below 10 If we go on at this rate in our society you will be a child until you are 30 and the rest of the developing world will race ahead! Noting that if we suddenly get a boom in business we will be putting 14 year old's back down the mine [if we have an mines left!] and changing the laws / news to suit
m  
#12 Posted : 19 October 2011 08:05:16(UTC)
Rank: Super forum user
m

Let's not forget that the legislation is in place to cover not just experience but also a lack of physical development. I know that most 14 year olds tower over me now but they are not fully developed until a few years later when they start to fill out.
Bob Shillabeer  
#13 Posted : 19 October 2011 11:47:12(UTC)
Rank: Super forum user
Bob Shillabeer

Forget the term young person. It is the inexperienced person the thing is trying to address. Yes there are some very able young persons about with good heads on thier shoulders, but there are a few who lack the experience of a working environment as well. The youg person rule is to ensure the employer takes whatever additional steps needed to ensure they are protected when at work. The point of raising the age to 21 is to cover the lack of work available when you consider the number of young people out of work and therefore not getting the experience or natural training in a workplace environment does need to be thought about.
colinreeves  
#14 Posted : 20 October 2011 13:50:05(UTC)
Rank: Super forum user
colinreeves

jay wrote:
originate from a European Directive and no matter what politicians or we want/say,
Surely politicians make EU Directives .... Oh, of course, they don't, it is the faceless bureaucrats who do this!
MrsBlue  
#15 Posted : 20 October 2011 15:16:10(UTC)
Rank: Guest
Guest

Nobody has mentioned "Work Experience" for young kids still in school. This surely could be construed as more important than the actual age a kid leaves school. Rich
pete48  
#16 Posted : 20 October 2011 15:36:34(UTC)
Rank: Super forum user
pete48

@Bob S. The controls are not just for inexperience. They also recognise that the general development of children is age related. So we have an additional area to assess over and above the inexperience of a workplace. That inexperience could apply to anyone starting work for the first time later in life or indeed returning to work after a long absence. I would argue that existing duties require any new employees to be identified as a group at risk. Therefore this is adequately covered in existing Regs. To abandon the Young Persons/Child approach would be a backward step in my opinion. If there is a specific issue arising from the change in minimum school leaving age then the better way would be to update RA guidance. @Rich777 I said “young people as young as 13 will still enter the workplace on approved and allowed work” in my earlier post and I include work experience in that definition. P48
Bob Shillabeer  
#17 Posted : 20 October 2011 15:43:45(UTC)
Rank: Super forum user
Bob Shillabeer

Colin, the EU is controlled by two sets of people the so call Bureaucrats and the European Parliament, they are then transcribed into each member states legal system, so don't blame europe for everything, just like the right wing Tories try and do. The vote in Parliment on Britains continued membership is even being kicked into the very long grass gy this Tory Government, simply because they know how many jobs it would cost, so lets not go there.
MrsBlue  
#18 Posted : 21 October 2011 10:09:49(UTC)
Rank: Guest
Guest

Post #17 by Bob Shillabeer Bob - I am perplexed and rather disappointed that you feel it necessary to bring politics into your posts. It's not the first time and I'm sure there are other people who would much rather have straight forward answers to questions from you without your left wing leanings. Rich
Invictus  
#19 Posted : 21 October 2011 10:55:20(UTC)
Rank: Super forum user
Invictus

Reading the young workers regulation 17, protected at work from any risks to thier health and safety which are a consequence of thier lack of experience, or ASENCE OF AWARENESS of exisiting risks. (d) involving the risk of accidents which may reasonably be assumed cannot be recognised or avoided by young persons owing to insufficient attention to safety or lack of experience. Don't we or are we not now expected to extend this to all employees. You only have to look at 'shutting the boot on owm finger' post recenctly to see that no-one has to take responsibility for thier own or anyone elses safety, if anything we should get rid of Section 7 Health and Safety at Work at, because this is always trumped by 'vicarious liability'
rockybalboa  
#20 Posted : 21 October 2011 11:35:38(UTC)
Rank: Forum user
rockybalboa

farrell wrote:
Don't we or are we not now expected to extend this to all employees. You only have to look at 'shutting the boot on owm finger' post recenctly to see that no-one has to take responsibility for thier own or anyone elses safety, if anything we should get rid of Section 7 Health and Safety at Work at, because this is always trumped by 'vicarious liability'
I dont think we should get rid of section 7, we'd only have the carrott then for employees and no stick. Besides, the judge may want to punish the individual as well as the employer. Also, correct me if Im wrong but, I think vicarious liability is civil law and the HASWA is criminal law due to the statute bar to claim damages die to a breach. Fairly recent case The Health and Safety Executive (HSE) is warning machine operators to ensure that they adhere to safe working practices when using excavators, following HSE’s prosecution of an excavator driver after a pedestrian was killed in Maida Vale, Westminster, in February 2007. Colin Clifford, 50, from Enfield, was today fined £2,500 and ordered to pay costs of £1,250 at the Old Bailey, after pleading guilty to breaching 7(a) of the Health and Safety at Work etc. Act 1974. HSE investigating inspector Lisa Chappell said: "Construction machinery is obviously dangerous, and can cause harm to both site workers and members of the public. Plant operators must take sufficient time and care when manoeuvering vehicles. This case shows the worst case of what can go wrong when operators cut corners."
MrsBlue  
#21 Posted : 21 October 2011 11:45:01(UTC)
Rank: Guest
Guest

rockybalboa wrote:
farrell wrote:
Don't we or are we not now expected to extend this to all employees. You only have to look at 'shutting the boot on owm finger' post recenctly to see that no-one has to take responsibility for thier own or anyone elses safety, if anything we should get rid of Section 7 Health and Safety at Work at, because this is always trumped by 'vicarious liability'
I dont think we should get rid of section 7, we'd only have the carrott then for employees and no stick. Besides, the judge may want to punish the individual as well as the employer. Also, correct me if Im wrong but, I think vicarious liability is civil law and the HASWA is criminal law due to the statute bar to claim damages die to a breach. Fairly recent case The Health and Safety Executive (HSE) is warning machine operators to ensure that they adhere to safe working practices when using excavators, following HSE’s prosecution of an excavator driver after a pedestrian was killed in Maida Vale, Westminster, in February 2007. Colin Clifford, 50, from Enfield, was today fined £2,500 and ordered to pay costs of £1,250 at the Old Bailey, after pleading guilty to breaching 7(a) of the Health and Safety at Work etc. Act 1974. HSE investigating inspector Lisa Chappell said: "Construction machinery is obviously dangerous, and can cause harm to both site workers and members of the public. Plant operators must take sufficient time and care when manoeuvering vehicles. This case shows the worst case of what can go wrong when operators cut corners."
I find it hilarous when people say "machinery is obviously dangerous" No it's not - in the example quoted the machine is an inert, inanimate object justing sitting there. It's the human behind the controls who is dangerous. Further, guns are dangerous! No, it's the finger of the human on the trigger and the mindset of the individual which is dangerous. Rich
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