Proposals to amend the Employers’ Liability (Compulsory Insurance) (Jersey) Law, 1973 and the Health and Safety at Work (Jersey) Law, 1989 to provide for students undertaking work experience to have the status of employees.

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A decision made (28/04/2006) regarding Proposals to amend the Employers’ Liability (Compulsory Insurance) (Jersey) Law, 1973 and the Health and Safety at Work (Jersey) Law, 1989 to provide for students undertaking work experience to have the status of employees.

Subject:	Proposals to amend the Employers’ Liability (Compulsory Insurance) (Jersey) Law, 1973 and the Health and Safety at Work (Jersey) Law, 1989 to provide for students undertaking work experience to have the status of employees.
Decision Reference:	MD-S-2006-0037		Exempt clause(s):	n/a
Type of Report: (oral or written)	written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	3/-, 4/9
Written report – Title	To receive a progress report on proposals to amend the Employers’ Liability (Compulsory Insurance)(Jersey) Law, 1973 and the Health and Safety at Work (Jersey) Law ,1989 to provide for students undertaking work experience to have the status of employees.
Written report – Author (name and job title)	Colin Myers Director of Health and Safety
Decision(s): The Minister to agree the wording of the drafts and accompanying reports of the Employers’ Liability (Compulsory Insurance) (Amendment No 3) (Jersey) Law, 200- and the Health and Safety (Work Experience) (Jersey) Regulations 200-, and sign the statement of compatibility with European Convention on Human Rights in respect of the amendment to the Law and instructed that they be lodged “au Greffe”.
Reason(s) for decision: To provide for the draft legislation to be progressed for debate by the States.
Action required: The Director of Health and Safety to arrange with the Law Drafting Department and States Greffe for the draft legislation to be lodged “au Greffe” for debate by the States.
Signature: (Minister/ Assistant Minister)		Date of Decision: 28 April 2006

Proposals to amend the Employers’ Liability (Compulsory Insurance) (Jersey) Law, 1973 and the Health and Safety at Work (Jersey) Law, 1989 to provide for students undertaking work experience to have the status of employees.

To receive a progress report on proposals to amend the Employers’ Liability (Compulsory Insurance) ( Jersey ) Law, 1973 and the Health and Safety at Work ( Jersey ) Law, 1989 to provide for students undertaking work experience to have the status of employees

1. Introduction

On the 17th November 2005, the Employment and Social Security Committee, under Item B 9, agreed to proposals to seek amendments to the Employers’ Liability (Compulsory Insurance) (Jersey) Law, 1973, and the Health and Safety at Work (Jersey) Law, 1989, with the intention of ensuring that students undertaking work experience have the same protection under the legislation as an employee.

These proposals have necessitated the drafting of an amendment to the Employers’ Liability Law, the Employers’ Liability (Compulsory Insurance) (Amendment No. 3) (Jersey) Law 200-, and new Regulations under the Health and Safety at Work Law, the Health and Safety (Work Experience) (Jersey) Regulations 200- , by the Law Drafting Department.

The Minister is asked to consider the draft amendment to the Law, the draft of the Regulations and accompanying reports, sign the statement of compatibility with European Convention on Human Rights in respect of the amendment to the Law, and agree that they be presented to the States.

2. Proposed changes to health and safety legislation

2.1 Proposed amendment to the Employers’ Liability (Compulsory Insurance) ( Jersey ) Law, 1973.

The Employers’ Liability (Compulsory Insurance) (Amendment No. 3) (Jersey) Law 200-, provides for students undertaking work experience to have the status of employees for the purposes of the Employers’ Liability Law, which requires employers to insure against their liability for personal injuries to their employees.

The amendment would only apply to persons undertaking work experience as part of their formal training and would not extend to persons receiving training at a school or college.

2.2 Proposed amendment to the Health and Safety at Work ( Jersey ) Law,1989

The Health and Safety (Work Experience) (Jersey) Regulations 200- provides for students undertaking work experience to have the status of employees for the purposes of the Health and Safety at Work (Jersey) Law,1989, which results in such students having equivalent safeguards and responsibilities to that provided to employees under health and safety at work legislation.

The Regulations would only apply to persons undertaking work experience as part of their formal training and would not extend to persons receiving training at a school or college.

2.3 Department of Education, Sport and Culture

The preparation of both these proposals has involved the participation of the Department of Education, Sport and Culture who have agreed the wording of the draft proposed legislation.

3. Recommendations

The Minister is requested to:-

 agree to the draft amendment to the Law and draft Regulations,

 agree the reports accompanying the draft amendment to the Law and draft Regulations,

 sign the statement of compatibility with the European Convention on Human Rights in respect of the amendment to the Law, and

 instruct that the States Greffe arrange for the Employers’ Liability (Compulsory Insurance) (Amendment No. 3) (Jersey) Law 200- and the Health and Safety (Work Experience) (Jersey) Regulations 200-, to be lodged “au Greffe” for debate by the States.

Colin Myers

Director of Health and Safety