> Disclaimer: SiteKiln gives you plain-English information, not legal or health and safety advice. Always follow your site-specific risk assessments and talk to a qualified professional.
The short version
In law, a "young person" is anyone under 18.
Regulation 19 of the Management of HSW Regs says you must protect them from risks linked to their lack of experience, lack of risk awareness and not being fully mature, and you must not give them certain high-risk work unless strict conditions are met.
What the Management Regs actually say
Regulation 19 requires that:
- You carry out a specific risk assessment for young persons, taking into account their inexperience, awareness and maturity.
You must not employ a young person on work which:
- Is beyond their physical or psychological capacity.
- Involves harmful exposure to toxic/carcinogenic agents, or those that can harm the unborn child or chronically affect health.
- Involves harmful exposure to radiation.
- Involves accident risks they can't reasonably be expected to recognise or avoid because of inexperience or training.
- Involves risk to health from extreme cold or heat, noise or vibration.
There is a narrow exception for young persons who are no longer children (i.e. over minimum school-leaving age) if:
- The work is necessary for their training, and
- They are supervised by a competent person, and
- The risk is reduced to the lowest level reasonably practicable.
So you can train a 16-17-year-old apprentice on higher-risk tasks, but only with proper controls and supervision -- not left to get on with it.
Children vs young persons -- and where construction is banned
The Children and Young Persons Act 1933, plus later guidance, draws a harder line for children still of compulsory school age:
- A "child" still in compulsory education is heavily restricted in what work they can do, when, and for how long.
- Local byelaws can absolutely prohibit children's employment in specified occupations, and national guidance lists construction or repair of buildings, roads etc. as industrial undertakings where child employment is generally forbidden.
So:
- School-age children generally should not be working on construction sites at all, except in very limited, tightly-controlled "light work" or family-undertaking exceptions, and even then not doing actual construction tasks.
- Once they've left school but are under 18, they become "young persons" and Reg 19 protections kick in.
What this means on a real site
If you're employing or hosting young people (apprentices, work experience, college placements):
- You need a young person-specific risk assessment before they start -- not just the generic site one.
- You must think through:
- Which jobs/tasks they are not allowed to do yet (e.g. certain plant, high-risk work at height, some hot works, some very noisy/vibrating tasks).
- How you'll supervise them, especially in their first few months.
- How you'll explain risks in a way they actually understand -- simple, not legalese.
The law doesn't ban young people from site; it just says you can't throw them into the deep end and pretend they're a 20-year veteran.
Parents and guardians have a right to information about the risks and controls for their child if they're under the minimum school-leaving age -- and in practice, responsible employers brief parents on what the young person will actually be doing even for 16-17-year-olds.
Employers must also ensure the working hours, breaks and rest periods comply with the Working Time Regulations for young workers (a maximum of 8 hours a day, 40 hours a week, with minimum rest breaks).
What to do next
- If you've got anyone under 18 on site (apprentices, work experience, college placements), check you've done a young person-specific risk assessment before they started.
- Write down which tasks they're not allowed to do yet -- certain plant, high-risk height work, some hot works, very noisy/vibrating tasks.
- Make sure a named competent person is supervising them properly, especially in their first few months.
- Check their working hours comply with the young worker limits: max 8 hours a day, 40 hours a week, with proper rest breaks.
- Brief the young person on hazards in language they actually understand, not legalese.
Sources
- Management of Health and Safety at Work Regulations 1999 -- regulation 19: young persons risk assessment and restricted work.
- Children and Young Persons Act 1933 -- restrictions on child employment, including construction prohibition.
- Working Time Regulations 1998 -- young worker hours, breaks and rest.
- Health and Safety at Work etc. Act 1974 -- general duties.
- HSE -- Young people at work guidance and risk assessment.
Disclaimer
This guide is general information for small UK construction businesses and trades, not formal legal advice.
SiteKiln is not a law firm and this page is not a substitute for getting advice on your specific situation.
Health and safety law and HSE guidance on young workers are updated from time to time, and how they apply will always depend on the exact facts on your job and your role.
If you're employing young people and unsure about the restrictions or your duties, get specific advice from a competent health and safety professional or solicitor before you make big decisions.
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