Young workers : rights and obligations under the European Union's occupational health and safety legislation

Abstract

This dissertation aims at determining how young people are protected in their work environment. The development of health and safety at the work place can be traced to the very beginning of the formation of the European Union. The need for protection of workers became more evident when many people were killed in the coal mines. Several measures were taken by the Economic Coal and Steel Community in the 1950s to help protect workers. As time went by, more risks and hazards were identified therefore workers began to be more protected by legislation. Young workers were protected together with all other workers until it was realized that there was need for the specific protection of young workers due to their lack of training, experience and also due to their immaturity. Young workers came to be specifically protected legally by directive 94/33/EC. This directive was adopted as young workers seemed to be at high risk at work and to prevent abuse of young workers. A young worker as defined by directive 94/33/EC is considered to be any worker under the age of eighteen involved in an employment contract or an employment relationship. The employer of a young worker is given obligations by the directive in order to ensure the full protection of young people at their workplace. An employer must adopt any measures necessary to guarantee the protection of the health and safety of young workers. An employer also has to take into account the specific risks that exist for young workers. Young workers are given responsibilities that they have to carry out in order to ensure their own health and safety. They must cooperate with their employers in order to make proper use of equipment as well as report any concerns they may have. Young workers also have certain rights, such as the right to refuse to do any work which may seem unsafe. The articles found in this directive lay down criteria which must be abided by in order for young workers to enjoy safe and healthy conditions. The directive lays down the maximum amount of work that must be done by young workers and aims at prohibiting work done by children. It is left up to the different member states to implement this directive in order for young workers to be protected across the whole union. This dissertation also looks at the implementation in Malta where young workers are protected by Legal Notice 91 of 2000 as amended by Legal Notice 283 of 2004 on the protection of young people at work places. All young workers have the right to work in a healthy and safe environment. All members of the EU must ensure that young workers are fully protected at work and enjoy good working conditions. Not having a healthy and safe work environment does not only affect young workers but this may also have negative effects on enterprises and on a national level. Even though creating healthy and safe working conditions may be costly, it is well worth it in the long run.