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Health And Safety

It is recognised that young workers are particularly at risk where there are dangerous work practices. If you are under the age of 18, whether or not you are still at school, the Health and Safety (Young Persons) Regulations 1997 cover you. The main obligation on your employers is to have carried out a risk assessment to see if there are any particular risks to your health and/or safety in the way that the job is organised or done. This assessment is designed to take account of your possible inexperience or lack of awareness about potential workplace risks and has to take account of the equipment you will be using and where you will be working. You should not be asked to do work which is beyond your physical or psychological capacity or where you are exposed to risky chemicals or toxins. You should not be made to work in extreme heat or cold unless properly supervised.

A GMB/NUS survey found that one in five students reported health and safety problems in their places of work ranging from workplace hazards, which could cause injury, to incidents of actual injury. The most common accidents were burns from hot equipment or food, cuts and injuries from heavy lifting.

Other risks included working alone at night and being at risk from hostile customers.

Even if you are over the age of 18 you still have rights to have your health and safety protected at work The Health and Safety at Work etc Act 1974 sets out broad general duties on employers to maintain places of work so that they are safe and free from risks to health. They must also:

  • ensure that plant and equipment at work is safe;
  • make arrangements for ensuring the safe use, handling, storage and transport of articles and substances;
  • provide health and safety information, training and supervision;
  • ensure safe access and exit from the workplace;
  • provide and maintain a safe working environment and adequate welfare facilities.

    If they employ more than five workers they should also have a written safety policy which they have to bring to the attention of every employee. Cases in the courts have made it clear that this applies to mental as well as physical health so employers need to address issues like stress.

    The Act is supplemented by a number of regulations which set out more detailed requirements in areas such as VDU’s, risk assessments, working with particular chemicals and other dangerous substances, noise and other hazards.

    Even if you are employed as a temporary worker, your employer is obliged by law to give you information on the skills needed to carry out the work safely and to carry out any necessary health surveillance.

    DANGEROUS WORKPLACE
    The law says (section 100 Employment Rights Act 1996) that any worker walking out in circumstances where it is believed that there is a “serious or imminent” danger is protected from dismissal for reasons of the walk-out and this protection applies regardless of the length of your employment. If you are concerned about an imminent danger then the correct thing to do is to report the danger and leave the area at once. If you need more guidance contact Massive Youth .

    ACCIDENTS AT WORK
    Employers are required by law to provide adequate and appropriate first aid equipment and facilities and to ensure that there are people trained to use it. They are also obliged to report and record certain accidents at work and keep written records for three years. If this is not the case contact Massive Youth .

    RISK ASSESSMENTS
    Your employer should by law have carried out a risk assessment and taken reasonable steps to reduce or remove known risks. If the way that your work has been organised is giving rise to health and safety risks then your employer has a legal obligation to deal with them. There should also be workplace or union health and safety representatives at work whom you should contact about the risks.

    HARASSMENT AND BULLYING
    Harassment and bullying are health and safety issues and could be issues of discrimination if sexual or racial. Your employer has a duty of care to you to provide a safe working environment and that includes an environment free from harassment and bullying. As advised in an earlier section of this guide you should report any harassment to management and also contact Massive Youth .

    RSI
    Repetitive Strain Injury (RSI) also known as work-related upper limb disorder can come from any repetitive motion for example working at checkout tills, on VDU’s or on production lines. Where these processes apply your employer should have carried out a risk assessment of the workstation or equipment. For people working with VDU’s there are additional specific regulations which entitle users to free eye tests and, if corrective lenses are required, the cost must be borne by the employer. If your employer refuses to meet these costs contact Massive Youth . The Regulations also recommend that those working with VDU’s be given regular breaks away from the VDU of say 5 to 10 minutes every 50- 60 minutes. If these are giving you problems which your employer will not deal with contact Massive Youth .

    SMOKE-FILLED ENVIRONMENTS
    Many of the jobs that young people do, like bar work are carried out in atmospheres where a lot of cigarette smoke is present. There is growing evidence of the health risks associated with smoke-filled environments and the government has been seeking views on introducing a code of practice on smoking in the workplace.

    Even in the absence of a specific law which bans workers from being employed in smoky environments, your employer’s general duty of care for your health together with their legal obligation to carry out risk assessments means that they should be taking steps to reduce or eliminate the risk. This could include improving the ventilation, giving you frequent breaks or indeed barring customers from smoking. Under 1992 regulations setting out workplace standards, employers are also required to make arrangements so that non-smokers using rest areas do not suffer discomfort from tobacco smoke. If you are concerned about cigarette smoke at your workplace and your employer is unwilling to take any steps to improve the situation you should contact Massive Youth .

    TOO COLD OR TOO HOT
    Section 2(2)(e) of the Health and Safety at Work etc Act 1974 requires your employer to maintain a safe and healthy working environment and this includes a general obligation to make sure that temperature and humidity are neither too high or too low. The minimum acceptable temperature within a workplace is 16°C (13°C if doing heavy physical work) which should be reached after the first hour of work. There is no legal limit on the maximum temperature but the World Health Organisation recommends that maximum air temperature should be 25°C. Your employer should provide thermometers to allow you to check the temperature. If they have not been provided contact Massive Youth .

    WASHING FACILITIES
    Employers are obliged to provide toilet and washing facilities the number being related to the size of the workplace. As a general guide, if there are between 6 and 25 employees there should be at least two toilets and two washrooms. If washing facilities at work are inadequate then you should get in touch with Massive Youth.

    PROTECTIVE EQUIPMENT
    Protective equipment should always be seen as a last stage where an employer has been unable to eliminate risks by other means. But where you are required to wear such equipment then it has to be provided:

  • at no charge to you;
  • taking account of the hazards it is seeking to protect you from;
  • in good order and maintained and repaired;
  • with instruction and training as to its use.

    It should fit you properly and effectively prevent or adequately control the risk it is seeking to deal with. Any equipment issued to you should have a “CE mark” to show that it meets European standards. If your employer is failing to implement any or all of these requirements you should contact Massive Youth .

    NOISY WORKPLACES
    You have the right to be protected from excessive noise at work. Under regulations introduced in 1990, employers have to measure noise levels and reduce them where they are above the recommended level. They have to warn workers entering excessively noisy areas and to provide ear protection. If this is not happening and you are worried about noise levels contact Massive Youth .

    HANDLING HEAVY OR AWKWARD PACKAGES
    Employers have, under 1992 Manual Handling Regulations, to take steps to avoid, as far as reasonably practicable, employees handling heavy or awkward objects which involve a risk of injury. As with other requirements under health and safety regulations, employers need to assess risks and deal with them where possible. Lifting and handling are dangerous operations which can cause permanent injury. If you are concerned about what you are being asked to lift and your employers will do nothing, contact Massive Youth .

    INSURANCE
    Your employer is obliged by law to take out employers’ liability insurance against any claim for injury or disease brought by employees. A copy of the insurance certificate has to be displayed in a prominent place. If you are working through an agency you need to check what arrangements it makes to cover you while at work. If you are worried about whether you are adequately insured for workplace accidents or diseases, contact Massive Youth .

    If you are over the age of 17 and your work involves driving you will, of course, need a full driving license and appropriate insurance. You need to check if your employers want you to drive on your own insurance as many policies do not cover business use and where they do there is almost always a supplement to pay. Your employer should ideally meet this extra cost and if you have difficulties, contact Massive Youth .

    TRAVEL TO AND FROM WORK
    In most workplace situations you will be required to meet your own travel costs for getting to and from work. However, there are circumstances where you may be able to persuade your employer to meet these costs. This is most likely to be the cause where you are leaving or arriving at work late at night or in the early hours of the morning and where your workplace is located in an isolated spot. Although there is no specific law which requires employers to meet these costs your employers’ general duty of care for your health and safety may be of use particularly since the Health and Safety at Work etc Act places an obligation on the employer to provide safe access and exit from the workplace. Additionally, if you are under the age of 18 your employer’s duties to protect your health should have included carrying out a risk assessment of your travel to work arrangements. There are good practice examples of employers who do offer travel subsidies for out of regular hours travel. If you feel that your travel to work arrangements are putting you at risk contact Massive Youth .



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