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New Health & Safety of Children at Work Regulations

April 8th, 2010

Health and Safety of Children at Work Regulations was promulgated on 15 January 2010 and subsequently added to the list of existing regulations in the Occupational Health and Safety Act (Act 85 of 1993).

The Health and Safety of Children at Work Regulations address many previously neglected areas regarding minors in the working environment.

Herewith a summary and comments on the regulations’ contents:

Definitions:

A “child” is defined as a person less than 18 years of age and a “child worker” is defined as any child who is employed by or works for an employer and who receives or is entitled to receive any remuneration, or who works under the direction or supervision of an employer or any other person.

This needs to be viewed in the context of what is understood under “remuneration” and who is regarded as an “employer”.

“Remuneration” means any payment in money or in kind or both in money and in kind, made or owing to any person in pursuance of such person’s employment.

“Employer” means any person who employs or provides work for any person and remunerates that person or expressly or tacitly undertakes to remunerate him, but excludes a labour broker as defined under the Labour Relations Act.

What is the purpose of the regulations?

To prohibit/prevent or place conditions upon work that may be required, expected or permitted to be performed by child workers, and which is not prohibited in terms of any law.

What is further expected under these regulations?

Everything always starts with a risk assessment. Even in this case, the hazards needs to be determined in order to protect child workers from health and safety hazards and risks that may be present in the workplace.

Emphasis is placed on the vulnerability of the child and the possible exposure to hazards and risks in the working environment as well as the reduced ability of children to perceive danger or understand safety messages.

Another aspect affecting their health and safety is the fact that their bodies are still developing and may be more prone to illnesses, disease and/or injuries.

Ergonomically they may not have developed fully yet. One must ensure that the working environment is good for their body posture and not causing further complications. The physiological, hormonal and other vulnerabilities of children during puberty also needs to be taken into consideration.

The regulations then continues to address the standard workplace conditions such as:

• respiratory hazards,
• work in elevated positions,
• lifting of heavy weights,
• working in cold and/or hot environments,
• working in noisy areas,
• use of power tools and cutting or grinding equipment
• and many more.

There is little difference between the requirements to work in these areas from an adult and from a child’s point of view. Both parties’ needs to:

• be trained,
• use PPE,
• risk assessments needs to be done,
• adequate supervision is required and
• regular breaks needs to be provided.

Penalties that can be incurred should the regulations be contravened include a fine or imprisonment for 12 months and in the case of continuing offence, an additional fine of R200.00 or additional imprisonment for each day on which the offence occurs provided it does not exceed 90 days.

Some interesting questions/statements to consider:

• What happens during the school holidays when children are brought to the working environment and do odd jobs – who approved this and if not – how is this regulated?
• School-going children may not work for more than 20 hours per week during school terms and 40 hours per week during school holidays – how do you monitor these hours?
• Does your insurance cover this extra risk on site?
• Have your employees (who are parents to children) been informed about the hazards and risks of their children at work and the possible implications?
• Does your company offer a benefit to parents during the holiday season to look after the children – have you considered the legal implications?

In summary

Any person who employs a child worker must display the prescribed summary of these regulations in the work-place where it can be read by employees including child workers who are at the workplace. This may include a summary of other relevant regulations and laws applicable to their workplace.

The existence of this displayed summary and its contents must be brought to the attention of all employees, including child workers.

This regulation does not permit the employment of any child worker under the age of 15 years or who is subject to compulsory schooling in terms of any law.

With the continuing drop-out statistics of children at the age of 16 and then entering the job market, employers will have to seriously start investigating this avenue of employment and ensure that they are complying legally when employing children at an age of 15 and higher.

This article was written by:

Christel Fouché

Managing Director of Advantage A.C.T

Advantage A.C.T provides Occupational Health, Safety, Environmental and Quality training and consulting solutions and can be contacted on +27(0)12809 4210

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