Work Experience - the employer’s health and safety risk assessment
The Health and Safety at Work etc. Act 1974 (HSWA) requires employers to ensure the health, safety and welfare of employees ‘so far as is reasonably practicable’.
By law work experience students are regarded the same as employees.
Risk assessment is the process of establishing whether or not risks are adequately managed and reduced to their lowest possible level (a safe system of work exists).
The Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations (1999) place an absolute duty on employers to assess the risks to health and safety of their employees and others arising from their undertaking and communicate the findings, which in the case of children (i.e. those of compulsory school age) includes communication with parents/carers.
Employers should also ensure that young people are protected at work from any risks to their health and safety, which are a consequence of their lack of experience, awareness or maturity.
Young people are not to be employed for work which is beyond their physical or psychological capacity; where they will be exposed to agents which are toxic, carcinogenic, biological, cause genetic damage, harm to the unborn child or chronic ill health; or exposed to radiation, extreme heat, cold, noise or vibration.
They should also not be employed where there is an increased risk of accidents due to insufficient training or lack of experience and must be provided with adequate, competent supervision.
Notification should be given well in advance if any inoculations are required to carry out the work, e.g. tetanus
The HSE publication IND(G) 163L “5 Steps to Risk Assessment” gives the following guidance to employers on meeting their duty of care:
Look for and identify the hazards (i.e. physical; chemical, biological; ergonomic; psychological).- Decide who might be harmed and in what circumstances.
- Evaluate the risks arising from the hazards and decide whether existing precautions are adequate or more should be done.
- Record the significant findings.
- Review the assessment if there is a significant change or evidence that the original assessment was inadequate.
Staff carrying out the assessment must have sufficient knowledge and experience to do so competently.
Employer’s checklist
Before taking a young person on work placement the employer should use the following checklist: Download Checklist - word | pdf
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Has a risk assessment been carried out and the findings communicated to school / parents? |
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Does the risk assessment take into account the immaturity of the learner? |
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Is there someone in overall control of health and safety? |
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Have all risks been reduced to their lowest level through a safe system of work? |
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Does the placement require the use of PPE and has it been agreed who will provide it? Ie Safety Boots |
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Has the school provided emergency contact details? |
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If the placement is for an extended period of time will the risk assessments be reviewed periodically to ensure they still fit the job role? |
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The latest good practice guide on Health and Safety assessments for work experience can be accessed by clicking here (Health and safety assessment for work experience placements – a good practice guide.pdf)
Absence
Learners should be advised of their responsibility to let the employer know if they are unwell or unable to attend work. If any learner does not arrive at work without prior notice, it is advisable to contact the school and let them know – an agreed cut off time could be discussed beforehand. 10 am is regarded as reasonable notice by schools.
Sickness
If any learner feels unwell on placement the employer is advised to contact school in the first instance. No learner should be sent home or allowed to leave the premises without notifying the school who may decide to collect the student personally or give permission for them to go home alone.
Accidents
In the event of a minor accident, permission to administer first aid should be agreed prior to placement between employer and school and form part of the consent form/agreement. If the accident requires referral to an emergency service the school should be notified immediately.
Work experience placements come under the HSE regulations on the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).
Travel
Travel to work placements from home are the responsibility of the learner. Any journey which starts from school (e.g. a group visit) is the responsibility of the school. Employers are responsible for travel between locations if this is within the nature of the job (e.g. estate agent visits). Travel should be part of the initial risk assessment undertaken and agreed with parents.
Review
Try to give encouragement and the opportunity to review progress whilst the learner is with you. They may be using the my-work-experience.com data book or they could have a workbook or diary to complete you may be asked to contribute.
School staff often visit learners on placement to check their progress.
Equality and Diversity
Work experience should be managed with due regard to creating a learning environment where equal opportunities are offered to all regardless of race; gender, sexuality, disability, hardship or belief. Employers should not discriminate directly or indirectly on these grounds in their recruitment, selection and treatment of young people.
The Disability Discrimination Act 1995 (2004) defines a disabled person as someone with “a physical or mental impairment, which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.” It is unlawful to discriminate against a disabled learner by treating them less favourably (without justification) than others. Employers are required to make reasonable adjustments to accommodate learners with disabilities where this does not pose risks to the learner or employer and where this does not incur prohibitive costs.
Relationships between Health and Safety legislation and the Disability Discrimination Act
The basic legal position is that compliance with health and safety legislation will take precedence over compliance with the Disability Discrimination Act (Section 59 DDA). If an employer can show that, regardless of any reasonable adjustments which may be made, a disabled applicant would place him/herself or others at risk then this is a justification for not employing a person in a given post. It is essential that the manager consults with the individual at the earliest opportunity to discuss the possibility of “reasonable adjustment” to reduce the risk. Nothing in this guidance revokes the responsibility of managers to ensure that disabled staff are treated fairly in all other aspects of their working lives.
