SECTION II

Article 7Vulnerability of young people — Prohibition of work

1.

Member States shall ensure that young people are protected from any specific risks to their safety, health and development which are a consequence of their lack of experience, of absence of awareness of existing or potential risks or of the fact that young people have not yet fully matured.

2.

Without prejudice to Article 4 (1), Member States shall to this end prohibit the employment of young people for:

(a)

work which is objectively beyond their phyiscal or psychological capacity;

(b)

work involving harmful exposure to agents which are toxic, carcinogenic, cause heritable genetic damage, or harm to the unborn child or which in any other way chronically affect human health;

(c)

work involving harmful exposure to radiation;

(d)

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

(e)

work in which there is a risk to health from extreme cold or heat, or from noise or vibration.

Work which is likely to entail specific risks for young people within the meaning of paragraph 1 includes:

  • work involving harmful exposure to the physical, biological and chemical agents referred to in point I of the Annex, and

  • processes and work referred to in point II of the Annex.

3.

Member States may, by legislative or regulatory provision, authorize derogations from paragraph 2 in the case of adolescents where such derogations are indispensable for their vocational training, provided that protection of their safety and health is ensured by the fact that the work is performed under the supervision of a competent person within the meaning of Article 7 of Directive 89/391/EEC and provided that the protection afforded by that Directive is guaranteed.