Minor interns
Dr. Petra Kauch
Youth Employment Protection Act: Can student interns and other underage interns still be employed in the laboratory?
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With the possibility of early school enrollment and the Abitur after 8 years, interns and student interns in laboratories are also underage, i.e. minors, and increasingly younger. Whether they can be employed in laboratories like those over 18 is more than questionable. According to Section 22 of the JArbSchG (German Employment Protection Act), young people may not be employed in work that brings them into contact with hazardous substances. According to Section 22, Paragraph 2, No. 1 of the JArbSchG, an exception is permitted for apprenticeships that involve hazardous work, provided that the hazardous work is unavoidable for the training. In all other areas, according to Section 22, Paragraph 2 of the JArbSchG, the employment of young people in hazardous work is only permitted if a qualified supervisor can guarantee the protection of the young person, even if they are carrying out hazardous work. Independent work by young people in the laboratory is therefore ruled out. In this respect, the work of young people must be carried out under qualified supervision. Supervised employment is also excluded if targeted and non-targeted activities are carried out with biological agents in risk groups 3 and 4 as defined by the Biological Agents Ordinance (Section 22, Paragraph 2, Sentence 2 of the JArbSchG). Furthermore, young people, as well as adult employees, must be instructed in the handling of hazardous substances. They must be informed about accident and health hazards and the correct use of personal protective equipment must be explained to them. The training must be repeated after six months if necessary. As long as qualified supervisors are available for the work of young people, they can continue to be familiarized with genetic engineering work in laboratories. This is certainly the case when work is carried out at the lower safety levels.