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:
n
ensure that plant and equipment
at work is safe;
n
make arrangements
for ensuring the safe use, handling, storage and transport of
articles
and substances;
n
provide health and
safety information, training and supervision;
n
ensure safe access
and exit from the workplace;
n
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 your GMB representative
.
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 your GMB representative
.
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 your GMB representative
.
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 your GMB representative
. 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 your GMB representative
.
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 your GMB representative
.
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 your GMB representative
.
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
contact your GMB representative.
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:
n
at no charge to you;
n
taking account of
the hazards it is seeking to protect you from;
n
in good order and
maintained and repaired;
n
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 your GMB representative
.
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 your GMB representative
.
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 your GMB representative
.
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 your GMB representative
.
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 your GMB representative
.
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 your GMB representative
.
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