Higher AdministrationAdministrative ServicesOutcome 1.3

Organisational and Legal Requirements

LegislationYou need to know about the following:

Health and Safety at Work Act (and others) Data Protection Act Computer Misuse Act Freedom of Information Act Copyright, Designs and Patents Act

General Health and Safety The work environment must meet minimum

standards in terms of heat/light/first aid provision.

Employers have a responsibility for carrying out regular risk assessments of activities

Employees must take reasonable care of themselves and others

Employees have a responsibility to take all reasonable care in the use of equipment, reporting hazards, wearing protective clothing, reporting hazards and accidents

Health and Safety Responsibilities Both employers and employees have

responsibilities

The main piece of legislation is the Health and Safety at Work Act (1974) - it covers minimum standards that have to be met – HASAWA

This is an ‘umbrella’ act containing a number of other acts, covering specific areas of H&S

Employee’s Duties Take reasonable care of their own health and safety and

that of others

Cooperating with the employer on health and safety

Correctly using work items provided by the employer, including personal protective equipment, in accordance with training or instructions

Not interfering with or misusing anything provided for health, safety or welfare.

Employer’s Duties Making the workplace safe and without risks to health for everyone

including regular maintenance of equipment

Establish safe methods of working and carry out regular risk assessments

Ensuring ‘articles’ and substances are moved, stored and used safely

Providing adequate welfare facilities eg toilet facilities

Give the information, instruction, training and supervision necessary for employee health and safety. (including induction training)

If there are 5 or more employees - a health and safety policy statement is required

Internet Research Visit the Health and Safety Executive.

This website has lots of very useful information and is an excellent way of keeping up to date with the changes in legislation.

Follow the links to find out what procedures need to be followed to report an incident at work. What does RIDDOR stand for? Also follow the link to find out what your rights and responsibilities as a worker are. Produce a display to communicate your findings

Other HASAWA Legislation Reporting of Injuries, Diseases and Dangerous Occurrences Regu

lations (RIDDOR) 1995

Health and Safety (Display Screen Equipment) Regulations 1992

Control of Substances Hazardous to Health (COSHH) 2002

In addition in 1993 six European Health and Safety directives were enforced in the UK – the six-pack

Research these pieces of legislation and produce a short paragraph on each – covering some of the main points

Informing Employees of their Duties and Responsibilities

A written Health and Safety policy must be provided to all staff ( >5 employees)

HASAWA only provides minimum requirements!

Informing Employees of their Duties and Responsibilities

Induction training Ongoing training eg new equipment installed Company Intranet Noticeboards/Posters eg fire procedures, caution signs

Demonstrations eg first aid, evacuation simulation

Staff Development Training Organisational Handbook Staff Meeting Health and Safety Representative DVDs, Videos, LCD Screens Quizzes on a VLE

Employees must be aware of and comply with all instructions

The Health and Safety Executiveincluding local Environmental Health Departments

Enter and inspect premises – sometimes unannounced.

Issue improvement notices and provide advice.

Question and interview people and give warnings.

Shut down premises.

Fine or prosecute when necessary.

Industrial Tribunals Employees can take an organisation to

an Industrial Tribunal if they believe the organisation has breached the legislation designed to protect them eg

Non-provision of safety equipment Failure to remedy a hazard – injury

occurred

Disciplinary Procedures (Employees)Depending on the seriousness of the breach of Health and Safety Legislation:

A verbal warning A written warning Suspension Fine Dismissal Criminal or civil prosecution

Apart from this, the employee may harm themselves or others

The organisation may be found guilty of failing to support or train staff.

Further Consequences (Employer) Unwanted media attention Company reputation damaged

Loss of new customers/sales/profits Existing customers switch to rival Difficult to attract high quality candidates

in the recruitment process Legal action (costly) -

Fines/sanctions/compensation payments May be forced to close down business

Further Consequences (Employee) Employment terminated Poor job reference

Lack of income – financial hardship Demoted May harm customer indirectly by

misusing information – stress/guilt/demotivation

Fire Precautions (Places of Work) Regulations 1995

If you had written this legislation what would you

include?

Fire Precautions (Places of Work) Regulations 1995Under this legislation employers should: Assess fire risks in the workplace Check fire detection time and warning system Check evacuation routes Provide reasonable fire fighting equipment Check employee knowledge of fire procedures Check and maintain fire safety equipment

Health and Safety (Display Screen Equipment) Regulations 1992

If you had written this legislation what would you

include?

Health & Safety (Display Screen Equipment) Regulations 1992 Some of the potential risks include:

Eye strain Back pain/ache Repetitive Strain Injury (RSI) Headaches

Ensure that workstations meet minimum requirements Provide users with training to avoid health problems Organise the daily work of VDU users so that there are regular

rest breaks or changes of activity Arrange and pay for regular eyesight tests for VDU users – the

employer is required to pay for any spectacles or lenses which are required as a result of VDU use at work. (Note: eye tests are free in Scotland now)

Health and Safety (First Aid) Regulations 1981

If you had written this legislation what would you

include?

Health and Safety (First Aid) Regulations 1981Under this legislation employers should: Provide a suitably stocked first-aid box A first-aider should be appointed

One for every 50-100 employees Employees informed about first aid

arrangements

23

Data Protection Act 1998 obtain and process information fairly and lawfully

register the purposes for which they hold it not disclose the information in any way that is different from those

purposes only hold information that is adequate, relevant and not excessive

for the purposes they require only hold accurate information and keep it up-to-date where

necessary not hold the information for longer than necessary

give individuals copies of the information held about themselves if they request it – amending/erasing as necessary

keep information safe

Data Protection Act 1998KEY POINT OF LAW IN PRACTICE

obtain data fairly and lawfully people must be told what use will be made of the information they supply about themselves

data must be adequate, relevant and not excessive for its purpose

when designing forms to collect data, make sure only key questions are asked

data must be accurate and, where necessary, kept up-to-date

ensure that there are procedures in place to check, up-date or destroy inaccurate information

data must be held for no longer than is necessary

data should be destroyed as soon as its purpose has been served eg credit card details

Internet Research Using your research skills find some

examples of how the Data Protection Act has been breached in recent years.

Ask to see notes showing examples of how the Data Protection Act is applied with a college application form

26

Computer Misuse Act 1990 accessing computer material without

permission e.g. looking at someone else's files accessing computer material without

permission with intent to commit further criminal offences e.g. hacking into the bank's computer and increasing the amount in your account

altering computer material without permission e.g. writing a virus to destroy someone else's data

writing a virus or deliberately spreading one is illegal.  

KEY POINT OF LAW IN PRACTICE unauthorised access of computerised material

do not access material you have no right to access

do not give your password to any other person

do not explore areas where you are not an authorised user

unauthorised access with the intent to commit or help further offences

only supply information to authorised members of staff

do not supply information held at work to friends or members of the public

unauthorised changes to contents of any computer

changes to data must be authorised

data must be real only enter data you have

been instructed to enter

Computer Misuse Act 1990

Internet Research Using your research skills find some

examples of how the Computer Misuse Act has been breached in recent years.

29

Copyright, Designs and Patents Act 1988 It gives the creators of literary, dramatic, musical and

artistic works the right to control the ways in which their material may be used.

The rights cover: broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work.

Copyright arises when an individual or organisation creates a work, and applies to a work if it is regarded as original, and exhibits a degree of labour, skill or judgement.

If a work is produced as part of employment then normally the work belongs to the person/company who hired the individual.

Only the owner, or his exclusive licensee can bring proceedings in the courts against an infringement.

Copyright, Designs and Patents Act 1988KEY POINT OF LAW IN PRACTICE

books, songs, films belong to the author/ composer/ artist

if copyright, do not copy text unless you have permission to do so

display copyright summaries at each photocopier

display copies of licence agreements

IT – pirating of copyright-protected software; copying of pirated software into the memory of a computer

ensure all software on the premises is licensed

do not allow employees to copy software

if suspicious, owners can apply to court for the right to search premises for pirated software

ensure employees only use software bought by the company

display a summary of the key points of copyright legislation

Internet Research Using your research skills look at some

Myths and Misconceptions surrounding the Copyright, Designs and Patents Act.

Myths and Misconceptions

Freedom of Information Act 2002 The Freedom of Information Act

came into force on 1st January 2005.

It gives you the right to ask any public body for all the information they have on any subject you choose. 

Unless there’s a good reason, they have to give it you within a month. You can also ask for all the personal information they hold on you.

Internet Research Using your research skills find some

examples of what has been found as a result of the Freedom of Information Act.

BBC News Article – 10 things

Security and “Health and Safety”Staff entry and movement

Intercom/security doors Identification passes worn – swipe entry Careful handling and issue of keys

Security and “Health and Safety”Visitors

Report to reception and sign-in Reception at front door Visitor passes issued and worn Not left unsupervised All visitors to leave and passes returned

Security and “Personal Data”Information Technology

Use of passwords Read-only files Virus-screening software locked rooms, filing cabinets and

computers Confidential documents - shredded

Security and “Personal Data”General Security Measures

Specialist security firms The use (and monitoring) of CCTV Register of serial numbers (asset register) Ultraviolet markers

Extended Response Questions

Higher AdministrationAdministrative ServicesOutcome 1.3