legislation-profile

Protection of Young People Directive

Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work

Scope

This Directive applies to any person under the age of 18 who has an employment contract or employment relationship as defined by the law of a Member State. It covers the legal age of young people who may engage in work, working hours and time, and the assessment of hazards that must be carried out by an employer before a young person begins working.

Exemptions

There are no explicit exemptions, instead there are minor derogations. Art. 2 - If legislative or regulatory provision is made for occasional work or short-term work involving domestic service in a private household, or work regarded as not being harmful, damaging or dangerous to young people in a family undertaking. Art. 5 - Prior authorisation by the Competent Authority is no needed in the case of children of at least 13 years of age, Member States may authorise, by legislative or regulatory provision, the employment of children for the purposes of performance in cultural, artistic, sports or advertising activities. Art. 7 - Member States may, by legislative or regulatory provisions, authorise adolescents to carry out work a) Which is objectively beyond their physical or psychological capacity; work involving harmful exposure to agents which are toxic, carcinogenic, cause heritable genetic damage, or harm the unborn child or which in any other way chronically affect human health; b) Work involving harmful exposure to radiation; c) Work involving the risk of accidents which it may be assumed cannot be recognized or avoided by young persons owing to their insufficient attention to safety or lack of experience or training; or d) Work in which there is a risk to health from extreme cold or heat, or from noise or vibration; Where it is indispensable for their vocational training, provided that protection for their safety and health is ensured by ensuring work is conducted under the supervision of a competent person. Art. 8 - Allows for derogation from working time requirements by way of exception or where there are objective grounds for so doing. Art. 10 - allows for derogations from the required rest period in respect of adolescents where there are objective grounds for doing so and they are granted compensatory rest time, and that the objectives set out in Article 1 are not called into question. This applies to: a) Work performed in the shipping or fisheries sectors; b) Work performed in the context of the armed forces or the police; c) Work performed in hospitals or similar establishments; d) Work performed in agriculture; e) Work performed in the tourism industry or in the hotel, restaurant and cafe sector. f) Activities involving periods of work split up over the day.

Regulatory activities

Risk assessment followed by implementation of measures deemed most suitable and in line with the requirements of this legislation.

Relevant product types

Not applicable

Reference documents

Annex makes reference to: Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous substances (amended and replaced by Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures) [DSD] Directive 88/379/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations revised, repealed and replaced by 98/24/EC)Directive 88/379/EEC (recast by Directive 1999/45/EC and subsequently amended and replaced by Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures) [DPD] In relation to classifications of concern Directive 90/679/EEC on the protection of workers from risks related to exposure to biological agents at work In relation to biological agents of concern Art. 6 makes reference to: Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers In relation to the free assessment and monitoring of health without prejudice to Directive 89/391/EEC Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers In relation to the employer involving the protective and preventative services referred to Art. 7 of Directive 89/391/EEC Art. 7 makes reference to: Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers Council Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens (repealed and replaced by Directive 2004/37/EC) In relation to the meaning of ''competent person'' Art. 13 makes reference to: Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers In relation to circumstances where adolescents may work where that work is temporary or must be performed immediately

Obligations based on CLP hazard class

Classification provisions under DPD and DSD form the basis for definition of hazardous chemical agent, these have been repealed and replaced by CLP.

Obligations based on properties of concerns

CMR, toxic, corrosive, explosive, irreversible effects, sensitisation, flammable, STOT SE, STOT RE

EU-level occupational exposure limits

Not applicable

EU-level emission limit values

No provision

Substance-centric data source(s) at the EU level

Not applicable

Industry submission system in place

Not applicable

Format for industry submission

Owner

DG EMPL

Update process

Not applicable

Amendments

Directive 2007/30/EC of the European Parliament and of the Council Text with EEA relevance of 20 June 2007 Directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014 Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019