FSO - Article 7

[BB]

Article 7. Relates to Disapplication of certain premises.

Am I correct in my interperation of 7(1) which states...........that if the young person is in a family undertaking etc, etc the R.Person does not have to make or review the risk assessment.

1.Does this imply that the family undertaking is husband and wife who may employ their  son, daughter, nephew or niece on a short term basis.

And not........... as been pointed out to me

2. That Sainsburys is also a family business and therefore would also apply to Article 7.


your views please.

[jokar]

My interpretation is that an FRA has to be undertaken at all times.  However, where a young person is employed to do occasional or short term work, young being currently under 18 years of age, there are specific parts that apply to the young person or child, under 16 years of age.  If this young person or child is in a family undertaking then these specific parts do not apply as they are under the control of the family in the specific premises and they are only occasional workers.

[CivvyFSO]

I agree with Jokar. Most of the stuff relating to young persons leads to giving information to their parents regarding the risks identified so their parents can make a judgement. Despite Sainsburys being a family business of sorts, the young people employed will not be Sainsburys family. (It is the disapplication of provisions, not premises.)

[SmokeyDokey]

Work regulated as not being harmful to  etc. to young persons in a family undertaking is regulated by the Health and Safety at Work etc. Act 1974. and I believe CLG (ODPM) meant the phrase in the FSO to have the same meaning as in health and safety regs - as the two implement many of the same EU Directives.

HSE define family undertaking as


Family firm - A firm owned by, and employing members of, the same family, ie husbands, wives, fathers, mothers, grandfathers, grandmothers, stepfathers, stepmothers, sons, daughters, grandsons, granddaughters, stepsons, stepdaughters, brothers, sisters, half-brothers and half-sisters.