Management of health and safety at work regulations

Risk assessment

1. Every employer shall make a suitable and sufficient assessment of:

1. the risks to the health and safety of his employees to which they are exposed whilst they are at work
2. the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking

for the purpose of identifying the measures they need to take to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.

2. Every self-employed person shall make a suitable and sufficient assessment of:

1. the risks to their own health and safety to which they are exposed whilst they are at work
2. the risks to the health and safety of persons not in their employment arising out of or in connection with the conduct by them of their undertaking

for the purpose of identifying the measures they need to take to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions.

3. Any assessment such as is referred to in paragraph (1) or (2) shall be reviewed by the employer or self-employed person who made it if:

1. there is reason to suspect that it is no longer valid: or
2. there has been a significant change in the matters to which it relates: and where as a result of any such review changes to an assessment are required, the employer or self-employed person concerned shall make them.

4. An employer shall not employ a young person unless they have, in relation to risks to the health and safety of young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).
5. In making or reviewing the assessment, an employer who employs or is to employ a young person shall take particular account of:

1. the inexperience, lack of awareness of risks and immaturity of young persons
2. the fitting-out and layout of the workplace and the workstation
3. the nature, degree and duration of exposure to physical, biological and chemical agents
4. the form, range, and use of work equipment and the way in which it is handled
5. the organisation of processes and activities
6. the extent of the health and safety training provided or to be provided to young persons
7. risks from agents, processes and work listed in the Annex to Council Directive 94/33/EC  on the protection of young people at work

6. Where the employer employs five or more employees, they shall record:

1. the significant findings of the assessment; and
2. any group of their employees identified by it as being especially at risk

Protection of young persons

1. Every employer shall ensure that young persons employed by them are protected at work from any risks to their health or safety which are a consequence of their lack of experience, or absence of awareness of existing or potential risks or the fact that young persons have not yet fully matured.
2. Subject to paragraph 3), no employer shall employ a young person for work:

1. which is beyond their physical or psychological capacity
2. involving harmful exposure to agents which are toxic or carcinogenic, cause heritable genetic damage or harm to the unborn child or which in any other way chronically affect human health
3. involving harmful exposure to radiation
4. involving the risk of accidents which it may reasonably be assumed cannot be recognised or avoided by young persons owing to their insufficient attention to safety or lack of experience or training
5. in which there is a risk to health from:
   
   1. extreme cold or heat
   2. noise
   3. vibration

and in determining whether work will involve harm or risks for the purposes of this paragraph, regard shall be had to the results of the assessment.

3. Nothing in paragraph 2) shall prevent the employment of a young person who is no longer a child for work:

1. where it is  necessary for their training;
2. where the young person will be supervised by a competent person; and
3. where any risk will be reduced to the lowest level that is reasonably practicable

4. The provisions contained in this regulation are without prejudice to:
   
   1. the provisions contained elsewhere in these Regulations; and
   2. any prohibition or restriction, rising otherwise than by this regulation, on the employment of any person.