Transcript Responsibilities of an Organisation in Relation to Current Legislation

Health and Safety Legislation
Higher Administration
Admin Services
Outcome 2
Why we need Legislation
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In a working environment there is a wide
range of possible hazards
It is the responsibility of all Employers and
Employees to ensure that any hazards are
reported and acted upon in order to minimise
risks of accidents
Employees should play an active role in
promoting and maintaining a high level of
safety
Why we need Legislation
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In addition to a commonsense approach to
Health and Safety, employers and employees also
have many legal obligations to comply with
Health and Safety legislation is enforced by the
Health and Safety Executive (HSE) and local
government eg Environmental Health
If a business fails to comply with legislation then
the owner can be fined or imprisoned
Health and Safety at Work Act
1974 (HASWA)
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This the main Health and Safety law, known as
an ‘umbrella’ act which means it contains a
number of other acts, each covering specific
aspects of Health and Safety
It is also known as an ‘enabling’ act which
means that it allows for any new acts or
amendments to acts to be added
This act places responsibility on employers and
employees to maintain a safe working
environment
Workplace Legislation
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Employers duties:
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Must do all they can to provide a safe and secure
workplace
The HASWA Act covers factors such as:
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Minimum space requirements
Heating and lighting
Provision of facilities (toilets etc)
First-aid provision
Accidents
Provision of health and safety information and training
Health and Safety at Work Act
1974 (HASWA)
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Employees Duties
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Must cooperate with health and safety policies
and take all reasonable care of themselves and
others
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Safe use of equipment
Wearing of provided protective clothing
Attending training sessions
Reporting potential or actual hazards
Preventing accidents
Other Legislation
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The most prominent other pieces of legislation
contained in the HASWA are:
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Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations (RIDDOR) 1995
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Health and Safety (Display Screen Equipment)
Regulations 1992
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This deals with the reporting of injuries and accidents at work
(serious and fatal)
This covers safe use of VDUs in the workplace
Control of Substances Hazardous to Health (COSHH)
1994
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This deals with the storage and control of hazardous substances
and items such as protective equipment and clothing
Health and Safety (Display Screen
Equipment) Regulations 1992
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This Act applies to all workplaces where
employees use Visual Display Units
(VDUs) as part of their normal work
Other employees who only use VDUs
occasionally are not covered by these
regulations
Health and Safety (Display Screen
Equipment) Regulations 1992
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Employers Duties
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Analyse and Assess employee workstations
for risks
Make sure workstations meet minimum
requirements
Plan work so that there are breaks or
change of activity
Arrange eye tests and provide spectacles if
needed
‘Six-Pack’
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In 1993 six European Directives were
enforced in Britain. The 2 main additions
were:
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The requirement for risk assessment and
monitoring by employers:
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Employers must carry out a risk assessment of all
risks in the workplace, identify hazards involved and
outline actions to eliminate or minimise risks
Increased worker participation
Communicating Health and
Safety Regulations
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Employers have a responsibility to provide
information on health and safety to its
employees
By law, if an organisation employs 5 or more
staff, a written health and safety policy must
be issued to staff
Most organisations will produce their own
company policies and procedures for health
and safety which must meet the minimum
requirements laid down by the HASWA
There are a number of ways organisations
ensure information is communicated:
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Induction training – new employees receive a
copy of the Health & Safety policy
On-going training – might include the safe use of
equipment, safe lifting and handling techniques
etc
Use of notices – posting fire drill procedures,
caution signs, no-smoking signs
Demonstrations – first-aid, fire drills etc
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Organisational handbook – distributed to staff
or made available to them
Advice sessions – from health and safety
officer or outside agencies
Intranet – for accessing health and safety
information
Introducing a health and safety
representative – who should be available for
advice and provide information on all aspects
of health and safety
ICT Laws
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There are many Acts of Law that cover
the use of ICT, they are
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The Data Protection Acts (1984 and 1995)
The Computer Misuse Act (1990)
Copyright, Designs and Patents Act (1998)
The Data Protection Acts
1984, 1998
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The 1984 act establishes rights for
people to have access to their own
personal data held on computer files
This Act contains the principles that
data users need to follow when
processing data about individuals
The 1998 Act sets a standard for data
protection throughout Europe
Security of Information
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Data users must:
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Obtain data fairly and lawfully
Use data for registered purposes only
Disclose data only for the registered purpose
Data must be relevant and not excessive
Data must be accurate and up-to-date
Data must not be held for longer than necessary
Individuals must be allowed access to data about
themselves
Data users must take appropriate security
measures
Computer Misuse Act 1990
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This act was created to prevent unauthorised
access to computer systems (computer
hacking) and to deter criminals
The main points are:
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No unauthorised access to computer materials
No unauthorised access with the intent to
commit offences
No unauthorised change of contents to any
computer
Copyright, Design and Patents
Act (1988)
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This Act is designed to ensure that the
copyright is maintained
That no unauthorised copying of
materials takes place
Copyright = Exclusive ownership
Materials = books, films, music etc
Copyright
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©
Anyone wishing to copy works that are
protected by copyright must get
permission from the owner and possibly
pay a fee
A fee can be paid to the Copyright
Licensing Agency to copy extracts without
having to seek owners permission
Breaches of legislation and
procedures
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Breaches by the Organisation:
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Inspectors representing the Health and
Safety Executive (HSE) or local
government’s Environmental Health Dept
can visit organisations at any time to:
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Provide advice;
Issue warnings, including notice to improve
Immediately shut down operations without
notice
Breaches of legislation and
procedures
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Breaches by the Organisation:
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Penalties for breaches can include fines or
even imprisonment
Employees who believe the organisation
has breached H & S can take their case
to an Industrial Tribunal
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This can result in a fine or even
compensation paid to the employee
Breaches of legislation and
procedures
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Breaches by Employees are normally
dealt with through the organisation's
normally disciplinary procedures:
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A verbal warning
A written warning
Dismissal
Referral to the police
Civil and criminal prosecutions