What are some Health and Safety implications for employing Young Workers

Overview of issues when employing Young Workers

As a timely reminder of the importance to look after young workers a sheet metal manufacturing business in Western Australia, Unique Metal Works Pty Ltd, has been fined $300,000 and ordered to pay more than $6,400 in costs following a workplace incident. The worker a 17-year-old apprentice had seven fingers severed as a result of a workplace activity.

The incident occurred in July 2019 when the apprentice was using a guillotine to cut galvanised sheet metal. In this instance apprentice was able to bypass the fixed metal guard, which had eight protection indents evenly spaced along it, and push his hands past it and into the blade operating area. The blade severed seven of his fingers, although all but the tip of one finger was able to be re-attached.

Unique Metal Works pleaded guilty to failing to provide and maintain a safe work environment, and it was not alleged that the company’s failures caused the apprentice’s injury. The case provides a reminder of the importance of pre-start checks of all machinery in workplaces, according to WorkSafe Commissioner Darren Kavanagh.

The issue of employing young workers in Australia is a significant concern due to the unique health and safety risks they face. Young workers, defined as those under the age of 25, are more likely to be injured or become ill at work than their older counterparts. This is partly due to their lack of experience, maturity, and knowledge of workplace health and safety practices.

As a result, it is essential for employers to implement additional health and safety processes to mitigate these risks and ensure the physical and mental well-being of young workers. Failure to identify and implement these health and safety processes can result in accidents, injuries, and illnesses, leading to legal action, penalties, and reputational damage for businesses.

This is a process that the Safety Consultant can assist businesses with. A qualified Safety Consultant will have and in-depth knowledge of the systems and processes a business should consider before engaging a young worker. The Safety Consultant can also assist with improving processes in workplaces where there are young workers. Assisting with the consultation and communication process to develop and implement these additional health and safety processes.

Importance of additional health and safety processes for young workers:

Young workers are a vulnerable group in the workforce due to their limited experience. Their understanding of the simple tasks may have taught in Schools, Colleges and Trade TAFE Institutions however not in the real workplace environment. Young workers also often have incomplete physical and cognitive development, e.g., they are still growing, or their vision has not fully developed.

It is important businesses identify these issues and implement additional health and safety processes before employing young workers. This will assist in minimising their risk of injury or illness. These additional processes should consider the unique characteristics of young workers and provide adequate support and guidance to enable them to work safely.

Businesses should be aware of the issues employing young workers and on how to adopt more health and safety procedures before hiring them as workers. There is legislation in Australia to protect young workers through employment and for their health and safety, additionally there are consequences for not adhering to this legislation. The Safety Consultant can assist in identifying gaps in processes and provide recommendations for improvement.

Adopting these procedures can help both businesses and young employees thrive and form a lifelong relationship benefiting both parties. There are difficulties in implementing these additional health and safety procedures, but businesses must put the safety of workers especially young workers, first.

The Fair Work Act of 2009, the Model Work Health and Safety Act, and the National Vocational Education and Training Regulator Act are examples of pieces of law in Australia that include requirements when employing young people. Each outline specific legal requirements and guidelines for employers to follow, this legislation seeks to safeguard the health, welfare, and working conditions of all employees, including those who are young.

Legal requirements for employing young workers:

Employers must comply with all the legal requirements when employing young workers especially health and safety. These health and safety requirements include providing a safe work environment, appropriate training and supervision, and developing, implementing and enforcing workplace health and safety policies and procedures. Additionally, employers must ensure that all workers (especially the young) are not subject to any form of discrimination, including age-based discrimination.

Penalties for non-compliance with the legislative requirements:

Employers who do not comply with all of the legal requirements regarding the employment of young workers have faced penalties in the past, including fines and legal action. For example, under the Fair Work Act 2009, employers who breach provisions related to employing young workers can face penalties of up to $63,000 per breach for corporations and $12,600 for individuals. Similarly, under the Model Work Health and Safety Act 2011, employers who breach health and safety requirements can face fines of up to $3 million for corporations and $600,000 and/or five years imprisonment for individuals.

It is important for employers to ensure that their business complies with all the legal requirements when employing young workers to avoid potential penalties and legal action.

Importance of additional health and processes for Young Workers:

Implementing these additional health and safety processes when employing young workers is an essential part of minimising their risk of injury or illness. These processes should consider the unique characteristics of young workers, including their limited experience, incomplete physical and cognitive development, and increased risk-taking behaviour. The health and safety processes should go beyond the basic legal requirements.

Strategies for implementing additional health and processes for Young Workers:

Employers must identify, develop and implement additional health and safety processes for young workers using the following strategies as examples:

• Safety training: Safety training should be comprehensive and cover workplace hazards, safe work practices, and emergency procedures. This training should be developed with young workers in mind and delivered in a format that is common to them. Often the Simple ‘You Tube’ style video followed by online Q&A and including chat programs to provide the young workers an area to discuss workplace issues.
• Supervision: Young workers need additional supervision from staff who have been specially experienced and trained. This supervision includes shadowing, mentoring, and providing regular (positive and negative) feedback. Often having other workers be part of the process can demonstrate that the Supervisor is not trying to enforce unrealistic requirements on the young worker.
• Communication: Developing process to ensure that there is open communication between young workers and supervisors will encourage young workers to speak up and report any concerns or hazards they encounter. This process starts with developing clear and concise instructions and providing honest and consistent feedback to young workers.
• Risk assessment: The Risk Assessment process is integral to the health and safety of workers in a workplace. A risk assessment completed with young workers must identify their specific potential hazards and develop systems to reduce the possible risk of injury or illness. This process must include developing, implementing and enforcing engineering controls, administrative controls, and the correct wearing of personal protective equipment.
• Workplace culture: The business must have a positive workplace culture that espouses a Just Workplace and prioritises the health and safety of all workers, including young workers. This process starts with senior management and flows down through the management structure when it is working right the culture will promote teamwork, respect, and a commitment to safety.

Examples of successful implementation of additional health and processes for Young Workers:

Examples of additional health and safety procedures for young workers that have been successfully implemented include:

• A fast-food outlet that offers thorough safety training to all staff members, especially young ones. Safe work practices, danger recognition, and emergency procedures are all covered in the training. Also, the restaurant appoints a mentor to each young employee and promotes open contact between them and managers.
• A manufacturer that regularly assesses risks to find potential hazards and creates plans to reduce the risk of disease or harm. The organisation also ensures that young employees receive sufficient supervision and training, along with personal safety equipment.
• A store that prioritises the health and safety of all employees, including young ones, and fosters a pleasant workplace atmosphere. The store supervisors encourage teamwork and respect of fellow workers through their actions and provide regular feedback to young workers.

Benefits for young workers.

Ensuring that the young worker feels included in the workplace, made safe and encouraged to learn and question processes can be beneficial to both parties. Having a worker willing to learn and eager to participate can have the following flow on effects, such as:

• Better physical and mental health: Youth employees are more susceptible to accidents or illnesses at work. The physical and emotional health of young workers can be improved by adding more health and safety procedures to assist prevent accidents, illnesses, and illnesses.
• Increased job satisfaction and retention: Youth employees are more likely to be content with their jobs and stay with their employers for a longer period of time when they feel safe and supported at work.
• Improved self-assurance and skill development: Young people can acquire the knowledge and self-assurance they need to do their jobs safely and successfully with the right training and supervision.
• Improved understanding of the value of workplace health and safety: By introducing more health and safety procedures, employers can raise young employees’ knowledge of this issue and foster a culture of safety and a culture that benefits all workers.

Benefits for employers.

Employers can see many advantages by adding specific health and safety procedures when hiring young workers:

• Increased productivity: Young employees are more likely to be effective and productive when they feel protected and supported at work.
• Decreased absenteeism and turnover: Reducing absenteeism and turnover, businesses spend less time and money on hiring and training new employees.
• Reduced risk of legal action: Businesses who develop, implement and enforce specific health and safety procedures can reduce their legal liability of common law or penalties breaching health and safety legislation.
• Improved reputation: Businesses that value the health and safety of all employees, particularly young employees, attract and keep top talent. This enhances their reputation as an ethical and responsible employer especially when applying for tenders and Government Grants.

Common push back when discussing employing young workers.

• Lack of resources: Businesses will need to implement additional health and safety processes when employing young workers. This can be challenging for some employers due to a lack of resources, including time, money, and staff.

The State and territory Regulators provide a huge amount of assistance through documentation video training material and advice. It still is understandable that providing adequate resources to support health and safety initiatives can be a significant challenge for smaller businesses or those operating on tight budgets.

• Resistance to change: Often employers are resist implementing any additional health and safety processes when employing young workers due to managements resistance to change. This is often due to perceptions grown from ‘stories’ on the topic. Some perceptions are that there is an increase in costs or that current health and safety measures are sufficient.

This resistance to change should be discussed through engaging in open and honest communication between a person who can assist them such as a Safety Consultant. They can assist with the communication process between the employers and employees by highlighting the benefits of any additional health and safety processes.

Also, through providing targeted training and management support to ensure a smooth transition on-boarding young workers.

• Lack of knowledge or understanding: There are employers who forget that they were once young or look back on how they were treated by other workers and management as a young worker and believe that this is conducive to a good working relationship. Some employers do not understand the unique risks faced by young workers or the need for additional health and safety processes required to mitigate those risks.

Having a Safety Consultant provide education and training to management supervisors and workers on the importance of additional processes and their benefits will assist employers understand their responsibilities and work together as a team to take appropriate action. Remembering that there are external resources such as State and Territory Regulators, Industry Associations, and safety consultants that can help employers develop and implement effective health and safety processes.

Key points relating to the health and safety of Young Workers.

• Australian legislation sets the legal requirements for employing young workers and penalties for non-compliance.
• Developing, implementing and enforcing additional health and safety processes helps prevent accidents, injuries, and illnesses, improving the physical and mental health of young workers.
• There are strategies for implementing additional processes that include safety training, supervision, communication, risk assessment, and workplace culture.
• Implementing additional health and safety processes will provide benefits for both young workers and employers.
• Some of the challenges to implementing additional health and safety processes include a lack of resources, resistance to change, and a lack of knowledge or understanding.

Importance of implementing additional health and safety processes for young workers.

Employing young workers are still developing and come to the workplace with unique health and safety risks. These unique health and safety risks must be addressed by management through the implementation of additional health and safety processes. Failure to provide these basic health and safety measures can result in accidents, injuries, and illnesses. This can lead to legal action, penalties and community outrage focused on the business. By developing implementing and enforcing additional health and safety processes, employers can improve the physical workplace and not impact on the mental health of young workers.

Moreover, there are benefits from increased job satisfaction and worker retention with reduce absenteeism and turnover. Ultimately, employers can enhance their reputation as responsible and ethical employers by prioritising the health and safety of all workers. It is the legal responsibility of all employers to provide a safe and healthy work environment for all workers, including young workers. Employers must prioritise the development implementation and enforcement of additional health and safety processes to mitigate the unique risks faced by young workers.

By taking this action to protect young workers, employers will create a positive workplace culture through the business that benefits all workers and helps to ensure compliance with Australian legislation.

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