Health and Safety Legislation

Higher AdministrationAdmin Services

Outcome 2

Why we need Legislation 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

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 Act1974 (HASWA)

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 Employers duties:

Must do all they can to provide a safe and secure workplace

The HASWA Act covers factors such as: 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 Act1974 (HASWA)

Employees Duties Must cooperate with health and safety

policies and take all reasonable care of themselves and others

Safe use of equipment Wearing of provided protective clothing Attending training sessions Reporting potential or actual hazards Preventing accidents

Other Legislation The most prominent other pieces of legislation

contained in the HASWA are: Reporting of Injuries, Diseases and Dangerous

Occurrences Regulations (RIDDOR) 1995 This deals with the reporting of injuries and accidents at work

(serious and fatal) Health and Safety (Display Screen Equipment)

Regulations 1992 This covers safe use of VDUs in the workplace

Control of Substances Hazardous to Health (COSHH) 1994

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

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

Employers Duties 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’ In 1993 six European Directives were

enforced in Britain. The 2 main additions were: The requirement for risk assessment and

monitoring by employers: 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

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:

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

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 There are many Acts of Law that cover

the use of ICT, they are The Data Protection Acts (1984 and 1995) The Computer Misuse Act (1990) Copyright, Designs and Patents Act (1998)

The Data Protection Acts 1984, 1998 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 Data users must:

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 This act was created to prevent

unauthorised access to computer systems (computer hacking) and to deter criminals

The main points are: 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) 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 © 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 Breaches by the Organisation:

Inspectors representing the Health and Safety Executive (HSE) or local government’s Environmental Health Dept can visit organisations at any time to:

Provide advice; Issue warnings, including notice to improve Immediately shut down operations without

notice

Breaches of legislation and procedures Breaches by the Organisation:

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 This can result in a fine or even

compensation paid to the employee

Breaches of legislation and procedures Breaches by Employees are

normally dealt with through the organisation's normally disciplinary procedures: A verbal warning A written warning Dismissal Referral to the police Civil and criminal prosecutions