Does a lifeguard need a young person's risk assessment?

GUIDANCE

What is a young person?

A young person is anyone under 18 years of age (MHSWR 1999, reg 2(2)). Where a lifeguard is a young person, you need to complete or review an existing young person's risk assessment.  

 

What is a child? 

A child is anyone who has not yet reached the minimum school leaving age (i.e. the last Friday in June of the school year in which they turn 16 years old) (see MHSWR 1999, regulation 2(2)). 

The minimum school leaving age is different to the statutory school leaving age. 

 

When can you employ a young person? 

In the leisure centre environment, it is unlikely that any of the restrictions on the employment of young people would prevent you from employing a young person.

You should be fine to employ a young person to work in the leisure centre environment. The restrictions are set out in MHSWR 1999, regulations 3(4) and 19(2). 

 

Do you need a young person's risk assessment? 

Regulation 3(4) states: 

An employer shall not employ a young person unless he has, in relation to risks to the health and safety of young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).

Where there are significant findings or persons, especially at risk arising from your risk assessment, you can include these in an existing risk assessment. You do not have to have a risk assessment entitled "young persons' risk assessment" to comply with the relevant duties. 

 

What do you need to protect a young person from? 

Essentially the same risks you need to protect every employee and member of the public from plus under regulation 19(1): 

Any risks to their health and safety which are a consequence of their lack of experience, absence of awareness of existing or potential risks or the fact that young persons have not yet fully matured. 

 

What should you consider in a young person's risk assessment? 

You should take particular account when making or reviewing your risk assessment of those matters listed under MHSWR 1999, regulation 3(5): 

In respect of the young person themselves: 

(a) the inexperience, lack of awareness of risks and immaturity of young persons

[...]

(f) the extent of the health and safety training provided or to be provided to young persons; and

In respect of the workplace and the work: 

(b) the fitting-out and layout of the workplace and the workstation;

(c) the nature, degree and duration of exposure to physical, biological and chemical agents;

(d) the form, range, and use of work equipment and the way in which it is handled;

(e) the organisation of processes and activities;

[...]

(g) risks from agents, processes and work listed in the Annex to Council Directive 94/33/EC(1) on the protection of young people at work.

 

Do you have to record your young persons' risk assessment? 

Where you employ five or more employees, you need to record any significant findings and any group, especially at risk (MHSWR 1999, reg 3(6)). 

 

Do you need to risk assess the effect a young person's mistakes may have on others? 

Only to the degree that they arise out of or in connection to the conduct of your business (as you do for all employees under MHSWR 1999, reg 3). 

For example, you would not need to consider whether a young person is more likely to detect a drowning incident than a more experienced lifeguard, as this does not put the young person at any additional risk. You would have to consider whether your choice of lifeguards of all ages placed pool users at any additional risk, as this is a risk connected with your operation. 

 

Citation: Jacklin, D. 2021. Does a lifeguard need a young person's risk assessment? Water Incident Research Hub, 28 December.