Did You Know that hiring Young People Comes with additional responsibility and liability?
While offering work experience or training opportunities to minors can be valuable, it also comes with a set of legal responsibilities that are often overlooked.
Under Subsidiary Legislation 646.04[1] which regulates young persons’ employment (young person, being a person under eighteen years of age, and includes a child and an adolescent), the definition of “employer” specifies further to that provided by the Employment and Industrial Relations Act[2], and includes any person who gives out work to any child, or young person, or who gives out to any parent or guardian of a child or young person, or to any other person any work to be performed by a child or young person.
Did You Know You Must Conduct a Risk Assessment before employing a young person?
Before any work begins, employers are required to conduct a risk assessment to ensure that the young person is at all times adequately protected against any hazards. This assessment must consider various factors, including workplace layout and setup of the workstation; the nature, degree and duration of exposure to physical, chemical and biological agents, the nature and handling of work equipment; how work processes are organized and combined; and the level of training and instruction given to the young persons. The employer must also inform the young person to whom work is to be assigned of the results of the assessments and of all the measures taken, or that are to be taken.
Interestingly, the law refrains from referring to elements of a psychological assessment, which is nevertheless included in the overall provisions and obligations of the Health and Safety at Work Act[3] and Subsidiary legislation thereunder which instil the obligation upon the employer to ensure both the physical and psychological well-being of employees. If the law already requires employers to protect psychological well-being, why does it stop short of clearly saying so when referring to risk factors?
Did You Know a Medical Exam Is Mandatory?
If risks are identified, a medical examination is mandatory and at the employer’s expense.
Regardless of any risks, the young person must be examined by a medical practitioner, who must certify that they are medically fit to carry out the work intended to be assign. Annual re-examinations should also be conducted.
A register with details on the young persons and any medical related date shall be kept by the employer.
Did you know there are numerous considerations when assigning work to young persons?
The law also regulates the mode in which employers should assign work to young persons. In consideration of these, the following questions should not be excluded, amongst others:
- Have you ensured that every young person employed or assigned work is adequately protected against hazards identified in the risk assessment?
- Is the work assigned to the young person within their physical and psychological capacity?
- Does the work avoid exposing the young person to any chemical, physical, or biological agents?
- Does the work avoid risks of accidents that young persons may not be able to recognize or avoid due to inexperience or lack of training?
- Does the work avoid exposing the young person to extreme cold, heat, noise, or vibration?
- Has the young person received proper training for the assigned work, including awareness of health and safety hazards?
Nonetheless, there are exceptions to these situations, such as ensuring adequate supervision, which may remove liability from employers. So, before you offer that internship, summer job, or training placement, let’s make sure all the boxes are ticked!
[1] Protection of Young Persons at Work Places Regulations S.L. 646.04, Laws of Malta
[2] Chapter 452, Laws of Malta
[3] Chapter 646, Laws of Malta
