Young Persons at Work on Irish Construction Sites: What Employers Must Know
Understand your legal duties when employing young persons on Irish construction sites.
# Young Persons at Work on Irish Construction Sites: What Employers Must Know --- Construction sites are among the most hazardous workplaces in Ireland, and young workers are at particular risk. Inexperience, a tendency to underestimate risk, eagerness to impress, and physical and psychological immaturity all contribute to a higher rate of accidents among young workers compared to their more experienced colleagues. Irish law recognises this and places specific obligations on employers who engage young persons in construction work. This article sets out the key legal requirements for employing young persons on Irish construction sites, the work that is prohibited for young persons, and the practical steps employers must take to protect them. --- ## Definitions: Young Persons and Children Irish employment law distinguishes between children and young persons. A **child** is a person who is under 16 years of age, or who is under 18 and is a full-time student in regular daytime education. A **young person** is a person who has reached the age of 16 but has not yet reached 18 years of age and who is not a child as defined above. The Protection of Young Persons (Employment) Act 1996 sets out the general employment rights of children and young persons, including restrictions on working hours, rest periods, and the types of work they may carry out. The Safety, Health and Welfare at Work (General Application) Regulations 2007, Part 6, Chapter 1, sets out the specific health and safety obligations that apply when young persons are employed. --- ## The Prohibition on Child Labour in Construction Children (persons under 16) must not be employed on construction sites. This is an absolute prohibition. There is no exception for work experience, school projects, or family businesses. A child must not be present on a construction site in a working capacity. The only limited exception relates to children aged 14 and 15 who may be employed in light work during school holidays, but this exception does not apply to construction sites, which are explicitly excluded from the categories of work in which children may be employed. --- ## Employing Young Persons on Construction Sites Young persons (aged 16 and 17) may be employed on construction sites, subject to significant restrictions. Before a young person starts work on a construction site, the employer must: ### Carry Out a Risk Assessment The employer must carry out a specific risk assessment for the young person before they start work. This assessment must take into account: - The young person's lack of experience and immaturity - Their limited awareness of existing or potential risks - Their stage of physical and psychological development - The nature of the work they will carry out - The equipment they will use - The substances they may be exposed to - The organisation of the work processes and activities The risk assessment must be reviewed whenever there is a significant change in the work the young person carries out or in the conditions under which they work. ### Inform Parents or Guardians Before a young person under 18 starts work, the employer must inform the young person's parents or guardian of the results of the risk assessment and of the control measures that will be implemented. This is a specific legal requirement under the General Application Regulations 2007. ### Provide Adequate Supervision Young persons must be supervised by a competent adult at all times while working on a construction site. They must not be left to work unsupervised, even for short periods. ### Provide Information and Training Young persons must receive appropriate information and training before starting work. This must cover the hazards they will encounter, the control measures in place, the emergency procedures, and the safe systems of work they must follow. --- ## Work That Is Prohibited for Young Persons The General Application Regulations 2007 prohibit young persons from carrying out work that: - Is beyond their physical or psychological capacity - Involves harmful exposure to agents that are toxic, carcinogenic, or cause heritable genetic damage - Involves harmful exposure to radiation - Involves the risk of accidents which it may be assumed cannot be recognised or avoided by young persons owing to their insufficient attention to safety or lack of experience or training - Involves a risk to health from extreme cold, heat, noise, or vibration In the context of construction, this means that young persons must not: - Operate heavy plant or machinery (excavators, cranes, dumpers, telehandlers) - Work at height on scaffolding or other elevated platforms without close supervision - Carry out demolition work - Work in confined spaces - Carry out hot works (welding, cutting, grinding) - Handle or be exposed to hazardous substances such as asbestos, lead, or isocyanates - Carry out work involving explosives These are not exhaustive lists. The employer must assess each task individually and determine whether it is suitable for a young person, taking into account the specific risks and the young person's maturity and experience. --- ## Working Hours for Young Persons The Protection of Young Persons (Employment) Act 1996 sets limits on the working hours of young persons. Young persons aged 16 and 17 must not work: - More than 8 hours in any single day - More than 40 hours in any single week - Between 10pm and 6am Young persons are also entitled to rest breaks of at least 30 minutes after 4.5 hours of work, a daily rest period of at least 12 consecutive hours, and a weekly rest period of at least 2 days. These restrictions apply regardless of the nature of the work. An employer cannot require a young person to work longer hours simply because the project is under time pressure. --- ## Safe Pass and Induction Requirements All workers on construction sites in Ireland, including young persons, must hold a valid Safe Pass card before they can work on site. Safe Pass training is available from SOLAS-approved training providers and is open to persons aged 16 and over. In addition to Safe Pass, young persons must receive a full site induction before starting work. The induction must be tailored to the young person's level of experience and must cover all the significant hazards on the site and the control measures in place. --- ## Practical Guidance for Employers The following practical steps will help employers manage the risks associated with employing young persons on construction sites. **Assign a named supervisor.** Every young person on site should have a named, experienced supervisor who is responsible for their day-to-day safety. The supervisor should be aware of the young person's risk assessment and the restrictions on the work they may carry out. **Start with lower-risk tasks.** In the early stages of employment, assign young persons to lower-risk tasks that allow them to build experience and confidence before progressing to more demanding work. **Check in regularly.** Young workers may be reluctant to raise concerns or admit that they do not understand an instruction. Regular check-ins from the supervisor help to identify problems before they lead to accidents. **Create a culture where questions are welcome.** Young workers who feel comfortable asking questions are safer workers. Supervisors should actively encourage young persons to ask for help and should never make them feel embarrassed for doing so. **Review the risk assessment regularly.** As the young person gains experience and takes on new tasks, the risk assessment should be reviewed and updated to reflect the changed circumstances. --- ## Consequences of Non-Compliance Failure to comply with the requirements for employing young persons on construction sites can result in: - Prosecution by the HSA for breaches of the General Application Regulations 2007 - Prosecution by the Workplace Relations Commission (WRC) for breaches of the Protection of Young Persons (Employment) Act 1996 - Civil liability if a young person is injured as a result of the employer's failure to comply with the legal requirements The HSA takes the protection of young workers seriously and has the power to issue improvement notices, prohibition notices, and fixed payment notices for breaches of the regulations. --- If you need help preparing a risk assessment for a young person working on your construction site, or if you need advice on the restrictions that apply to young workers, Safety Check can assist. 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