Keeping children safe in the workplace
There are many reasons why a child might be at a workplace. This guidance can help employers, self-employed people and people with management and control of a workplace understand how to keep children safe in your workplace. It also explains the health and safety responsibilities relating to children in workplaces.
Meaning of child and children
In this guidance a 'child' or 'children' means a person, or people, under the age of 15 years old. However, much of the information will also be useful if you employ young people over the age of 15 years.
Children may be working, visiting or present at a workplace
All people working, visiting or present at a workplace are protected by health and safety laws. This includes children. Children may be at a workplace because they:
- are an employee
- are a volunteer
- live on a farm or other place where business is conducted
- are visiting with an employee or employer
- ride in a vehicle being used for work
- are a student in a school, a patient in a hospital or a customer in a shop
- enter the work area of someone who works from home
- enter a workplace without permission. For example, to play on a construction site or in a carpark or storage area after employees have left
Consider if there is any chance that a child will be in your workplace, for any reason. If there is a chance of a child attending your workplace, you need to consider this when identifying hazards and controlling risks.
If you employ anyone under 15 years old, you also need to understand and comply with Victoria's child employment laws. For more information visit Wage Inspectorate Victoria.
People who work with children may also require a Working with Children Check.
- What is a workplace?
A workplace is a place where employees or self-employed persons work, whether in a building or structure or not. Workplaces are not just shops, offices or factories. They can be almost anywhere, such as a:
- paddock
- truck
- family home
- tent
- park
- sportsground
- boat
For example, if a child is delivering newspapers, the workplace is the delivery route and where the child is at any given time.
Why children are different
Most workplaces and jobs are designed for adults. Adults and children have different physical and mental capacities, skills, training and experience. Child employees are unlikely to be able to do the same work as adults in the same way. This means the risk management processes you use to safeguard adult employees may not work to protect children.
Special risk factors for children
You need to consider the age of any children in the workplace when identifying hazards and controlling risks. For child employees you also need to consider their sex, physical and emotional development and maturity. It is important to be aware that some hazards will pose a higher risk to children than adults.
Keep in mind that children:
- Do not have experience, knowledge or judgment about workplace hazards and safe work practices.
- Develop physically and mentally at different rates. Two children of the same age may have different capacities for work.
- Are unlikely to know if they are being exposed to health and safety risks and may find it hard to speak up, even if they do.
- May be energetic and enthusiastic, but shy about asking questions or making demands of adults.
- May do work they are not prepared for, or capable of doing safely, because they are used to being told what to do by adults.
- Are often keen to please, so they might try to imitate what they see adults doing.
- May play near machinery or chemicals etc. without realising the risks involved.
- Can be inquisitive and adventurous. Their natural curiosity may lead them into dangerous situations in workplaces.
- Do not have the experience and maturity to respond appropriately in unexpected, dangerous or stressful situations. For example, when customers become aggressive or there is the threat of violence.
- May be vulnerable to pranks and teasing by adult workers taking advantage of their inexperience and innocence.
- May be vulnerable to bullying, harassment and racism.
- Are still growing and will be comparatively weaker and have less stamina than adults.
Victoria's child employment laws
These laws set out the type of work children can do.
Managing the health and safety of children in the workplace
Workplaces must be safe for everyone. If you know there will be children in your workplace you need to pay special attention to their health and safety. You must consult with your employees and any health and safety representatives (HSRs) about how to manage the health and safety of children in your workplace.
A safe and healthy workplace requires an organised approach to finding and controlling hazards and risks. This approach is known as the risk management process.
The risk management process is a continuous cycle. It begins with consultation between employers and their employees. The process then follows a series of steps. The steps are:
- Identify hazards.
- Assess the risks those hazards create.
- Control risks. Do this by eliminating the risk. If it's not reasonably practicable to eliminate risks, reduce them so far as is reasonably practicable.
- Review and revise risk control methods.
Identifying hazards involves finding all the hazards to children in the workplace. It also involves understanding the possible harm the hazards may cause.
How to identify hazards
- Consult with your employees, including any child employees, about the specific needs of children in your workplace. In some cases, you may also need to consult with the parents or guardians of child employees.
- Inspect the physical work environment to see if it is appropriate for children. Ask questions like:
- Is the workplace noisy?
- Is the workplace very hot or very cold?
- Are there uncontrolled animals in the workplace?
- Are there chemicals or hazardous substances in the workplace?
- Could children put their hands through gaps in guarding on plant and machinery?
- Would a child employee be able to reach all parts of machines they may need to use?
- Would a child employee be able to hold and use equipment properly?
- Would a child employee be able to lift or move any objects they need to?
- Will child employees need to work at height, for example in the entertainment industry?
- Think about the age and stage of development of children who are likely to be in the workplace.
- Consider who child employees will be working with, including co-workers, clients and customers.
- Consider if the workplace is a mentally healthy one, for both children and adults. Ask questions like:
- Will child employees be given the support they need?
- Are employees exposed to psychosocial hazards like bullying or aggression or violence?
- Consider if child employees have the physical and mental ability to carry out tasks. Think about the physical strength, stamina and concentration needed for each task. Ask questions like will the child be:
- doing any repetitive bending, twisting or lifting?
- required to manually lift leavy items?
- working near hot or dangerous equipment
- near moving vehicles or animals?
Risk assessment is a process for developing knowledge and understanding about hazards and risks.
Risk assessments help work out:
- how harm can occur to children in the workplace
- how severe that harm could be
- the likelihood that harm will occur
When assessing the risks related to children in your workplace, ask the following questions:
- What harm could occur? For example, death, serious injuries, illness or minor injuries requiring first aid?
- What could influence the severity of an injury?
- How often is the task that poses the risk done? For example, multiple times a day, weekly, monthly or rarely.
- How long does the task that poses the risk take? For example, does it involve a child employee being in an awkward position for an extended time?
- What kind of environment are child employees working in. For example, is it very noisy or hot?
- Has harm happened before, either in your workplace or somewhere else? How often?
Risks must be eliminated, so far as is reasonably practicable. If risks cannot be eliminated, they must be reduced, so far as is reasonably practicable.
Controlling risks requires the use of risk control measures. Deciding on appropriate risk controls involves the following:
- Identifying the options for risk controls. A risk control option may be a single control or it may be made up of different controls. Together, the different controls provide protection against a risk.
- Considering risk control options and selecting suitable options. A suitable option is one that most effectively eliminates or reduces risk in the circumstances. Reducing the risk might require multiple risk controls, not just one.
- Implementing the selected risk controls.
Finding the best control
The ways of controlling risks can be ranked from the highest level of protection and reliability to the lowest. This ranking is known as the hierarchy of risk control. Always start at the most effective control – Level 1, eliminate the hazard – and work down the hierarchy.
The hierarchy of risk control
Level 1 – most effective
- Eliminate the hazard and the risk it creates
Level 2
Reduce the risk with one or more of the following controls:
- Substitution
Substitute the risk with something safer. - Isolation
Isolate people from the risks. - Engineering controls
Reduce the risks through engineering changes or changes to systems of work.
Level 3
- Use administrative actions to reduce exposure to hazards and risks and reduce level of harm.
Level 4
- Use personal protective equipment (PPE) to protect people from harm.
Information about the hierarchy of control
Consider various risk control options. Elimination should be your goal. Choose the risk controls that eliminate the hazard. If it is not reasonably practicable to eliminate the hazard, use risk controls that minimise the risk of harm. You must reduce the risk so far as is reasonably practicable.
Remember, risk control may involve a combination of different controls. The aim is to provide the highest level of reasonably practicable protection.
Review your risk controls regularly to make sure they work as planned. Don't wait until something goes wrong. Regular reviews will also help you identify if your controls become less effective, or if there are other controls you should introduce.
If you find problems, go back through the risk management steps. Review your information and make further decisions about improving risk controls.
Example risk controls for child employees
- Follow the Child Safe Standards when employing children.
- Make sure children are prevented from lifting heavy items.
- Identify any areas of the workplace that child employees should not enter. Make sure all employees know about these areas.
- Make sure any equipment being used by child employees is appropriate for their age, height and strength.
- Make sure any PPE that child employees need to use or wear is appropriate for their age, height and strength.
- Identify any equipment that child employees should not be using. Make sure all employees know about this.
- Make sure employees can enter and leave the workplace safely.
- Have a quiet space where employees can take their breaks.
- Use signage or posters to clearly communicate to clients and customers that any form of aggression or violence towards employees will not be tolerated.
- Develop a policy that explains how child employees will be inducted, trained and supervised. The policy should be developed in consultation with employees and any HSRs. You should provide the policy to child employees as well as their parents or guardians.
- Make sure adult employees know they have a responsibility to take care for everyone's health and safety, including child employees. Provide adult employees with information about the special risk factors for children in the workplace.
- Make sure child employees have a direct supervisor who is at least 18 years old and has appropriate skills, experience and an up-to-date Victorian Working with Children Check.
- Make sure direct supervisors are always visible to child employees so they can assist them when needed.
- When children begin work, you should:
- talk to them about health and safety
- explain that health and safety includes both physical and mental health
- introduce them to their direct supervisor, other employees and any HSRs
- explain what the supervisor and HSR roles are
- give them a full induction on the safety systems including first aid, emergency procedures, and incident reporting
- regularly check to ensure that the children remember this information
- show them how to work safely and regularly check to make sure they are
- regularly check that the children still recognise hazards and risks and use the safe work practices they were shown
- regularly inspect and maintain equipment that children may need to use to ensure it is safe
- ensure that all employees have access to information about health and safety requirements
Example risk controls for children visiting or present at the workplace
- Ensure children are appropriately supervised in the workplace.
- Ensure hazardous areas are secure so children cannot access them.
- Create a safe play area if children regularly attend the workplace.
- Develop a policy on children in the workplace. The policy should cover:
- when it is appropriate for children to be in the workplace
- supervision requirements
- which areas of the workplace children can be in
Children in workplaces case studies
- Sam and Ash's café
Sam and Ash are the new owners of a suburban café. They need to make sure their café is safe for everyone. This includes their employees, customers and suppliers. They know customers will bring their children to the café. They also think they might offer some weekend jobs to young people in their local area. This could include children under 15 years old.
Sam and Ash take a good look at the café to identify any hazards. They pay particular attention to anything that could cause harm to a child. They think about how likely it is that someone could be harmed by these hazards and how severe the harm could be. They also talk to their employees about any hazards they have noticed. Based on this review they make a list of hazards and order which ones need to be dealt with first. As they work through the list, they make changes to the café to control the risks.
Some of the hazards to children who are customers include:
- In the dining area, some of the chairs are wobbly and could be easily pulled over by a child.
- Children running around the café could crash into furniture, customers or employees.
Sam and Ash fix the wobbly chairs to eliminate the risk. They also create a safe play area to reduce the risk of children running around the dining area.
Some of the hazards to children who are working include:
- At the coffee machine, the 3 litre containers of milk could be hard for someone with small hands to pour when they are full.
- In the kitchen, there are heavy pans stored on high shelves.
- In the kitchen, there is sharp or hot cooking equipment.
- In the storeroom, there are cleaning chemicals.
- In the front of house area, there may be upset or aggressive customers.
Sam and Ash talk to their employees and decide to change their milk order to 1 and 2 litre containers to make it easier for everyone to use. They work with their employees to re-arrange the kitchen to make sure heavy items are stored on lower shelves. They make it clear that children cannot lift heavy items. They also provide training on safe ways to move around the kitchen and ensure there are clear labels on cleaning chemicals.
They also do some research and realise there are special requirements for employing people under 15 years old. Sam and Ash make sure they meet these requirements before they advertise for junior employees. They make sure the rosters are set up so child employees are always supervised by someone over 18 who has a valid Working with Children Check. They also ensure all supervisors have been trained in how to supervise child employees.
Once the new junior employees are onboard, Sam and Ash make sure they:
- Give them a full induction and instructions about how to work safely and in accordance with child employment laws.
- Provide information about the induction to their parents or guardians.
- Introduce them to the other employees and explain who their supervisors are.
- Regularly check that everyone is working safely and know how to raise safety concerns.
They also make sure the junior employees:
- are aware of the equipment they can and cannot use
- can confidently use any equipment they need
- feel comfortable asking for help
- know what to do if a customer becomes aggressive or makes them feel uncomfortable
- know how to report safety hazards and risks
- know how to make a complaint to the manager if they need to
They also ensure that the other employees know how to keep junior team members safe. Sam and Ash ask the other employees to make sure the junior team members:
- are not left alone with customers
- can easily attract the attention of another employee if they feel unsafe or need help
- take their breaks
- leave the café safely at the end of their shift
- Taylor's photo shoot
Taylor works for a production company that is preparing for a new photo shoot. Some of the models will be children under 15 years old. This production company has never worked with children before.
Taylor knows there are requirements for employing people under 15 years old in the entertainment industry. Before progressing any further, they research these requirements and note the application requires a list of hazards, risks and risk controls. They set up a workshop with the team to work through the risk management process for this project.
First, they identify the health and safety hazards for the project. The team considers the ages of the children they need to cast when doing this.
The hazards they identify include:
- For outdoor shoots, there could be uneven surfaces, weather hazards or animals.
- For indoor shoots, there could be tripping hazards such as wires and cabling.
- The set could include moving parts or elements.
- The children may have medical requirements or food allergies which require an action plan.
- The children could be exposed to inappropriate behaviour.
- The children could be in the company of adults who do not have Working with Children Checks.
Next they assess the risks. They start by listing the risks and then using a risk matrix to assess them.
Finally, they consider how to eliminate or reduce the risks, so far as is reasonably practicable. The risk controls they identify include:
- Covering any loose wires with fluorescent tape and clearly marking hazards on the floor.
- Ensuring all children are directly supervised by a person with a Working with Children Check, including during any casting processes.
- Allowing children access to private change room and toilet facilities.
- Ensuring information about any medical requirements and food allergies is provided during onboarding.
- Having individually packaged food on set for children.
- Making sure everyone else on set is aware that there are children present and that inappropriate behaviour will not be tolerated.
Health and safety responsibilities
Employers
If you are an employer, you have a responsibility to keep employees and others safe and healthy at work.
This means, as an employer you must:
- provide a working environment that is safe and without risks to health
- keep the working environment safe and without risks to health
- do both of these things so far as is reasonably practicable
Health includes both physical and mental health.
A safe working environment requires you to, so far as is reasonably practicable:
- provide and maintain safe systems of work, provide safe equipment and keep it in safe condition
- make sure equipment and substances are used, handled, stored and transported safely
- keep workplaces in a safe condition and free of risks to people's health
- provide adequate facilities for the welfare of employees
You must also provide employees with the necessary information, instruction, training and supervision they need to work safely.
As an employer you also have a duty to other people your work affects. You must make sure your work does not put people's health and safety at risk. You have to do everything reasonably practicable to ensure this does not happen.
People who may be affected by work activities include:
- visitors to your workplace
- clients or customers
- members of the public
Self-employed people
If you are self-employed you must ensure your business or work does not expose people to risks to their health or safety. You, as a self-employed person, must do this so far as is reasonably practicable.
For example, if it is likely children may be able to enter your workplace during or after working hours, you should ensure, so far as is reasonably practicable, that your workplace is made secure.
People who manage or control workplaces
If you are a person with any management or control over a workplace, you must ensure:
- the workplace is safe and without risks to health, this includes both physical and mental health
- the means of entering and leaving the workplace are safe and without risks to health
You must do this so far as reasonably practicable.
Your responsibilities as a person with management or control of a workplace include:
- the building, for example, structural soundness and protection of occupants from the weather
- its services, for example, lighting and ventilation, and fittings such as doors, windows and shelves
These duties apply only in relation to matters you manage or control.
Employees
Employees must take reasonable care for their own health and safety. They must also take reasonable care for the health and safety of people their work may affect. Health includes both physical and mental health.
Employees should not:
- engage in behaviour that could harm people
- take short-cuts that could reduce the level of safety
Employees must cooperate with their employer’s efforts to comply with the Occupational Health and Safety Act 2004 and Occupational Health and Safety Regulations 2017. They can do this by:
- following the workplace safety policies and procedures
- attending health and safety training and following the instructions and advice provided
- safely using equipment supplied by the employer
Employees must not intentionally or recklessly interfere with or misuse anything the employer has provided at work in the interests of workplace health, safety or welfare.
Employees can help prevent risks to workplace health and safety by notifying the employer of any hazards.