Higher Administration and IT Administrative Practices

Workplace Legislation

HEALTH AND SAFETY LEGISLATION

Legislation governing Health and Safety at Work Health and Safety at Work Act 1974 Health and Safety at Work Act 1974 Health and Safety (First Aid) Regulations 1981 Health and Safety (First Aid) Regulations 1981 Workplace (Health, Safety and Welfare) Regulations 1992 Workplace (Health, Safety and Welfare) Regulations 1992 Fire Precautions (Places of Work) Regulations 1995 Fire Precautions (Places of Work) Regulations 1995 Health and Safety (Display Screen Equipment) Regulations 1992 Health and Safety (Display Screen Equipment) Regulations 1992

Health and Safety at Work Act 1974 – Employers responsibilities Provide and maintain suitable surroundings Provide and maintain suitable surroundings Provide safe equipment and carry out regular maintenance Provide safe equipment and carry out regular maintenance Provide information and training on Health and Safety Provide information and training on Health and Safety Provide information to all employees about safety by displaying H and S info on notice boards Prepare a H and S policy Provide a H and S representative

Health and Safety at Work Act 1974 – Employee responsibilities Co-operate with employer on H and S issues and attend training Do not interfere with or misuse equipment. Take reasonable care for own safety and report any issues immediately Take reasonable care for own safety and report any issues immediately Take care for the health and safety of others being observant and reporting hazards Take care for the health and safety of others being observant and reporting hazards

Health and Safety (First Aid) Regulations 1981 Employers must provide first aid equipment Employers must provide first aid equipment Appoint someone as being in charge of first aid arrangements Appoint someone as being in charge of first aid arrangements Train suitable number of first-aiders Train suitable number of first-aiders Inform staff of first aid procedures. Inform staff of first aid procedures.

Workplace (Health, Safety and Welfare) Regulations 1992 Covers not just factories offices etc, all workplaces, eg schools, hospitals are included Covers not just factories offices etc, all workplaces, eg schools, hospitals are included Covers such issues as space, light, ventilation, facilities, storage etc. Covers such issues as space, light, ventilation, facilities, storage etc.

Fire Precautions (Places of Work) Regulations 1995 Employers must: Assess fire risk Assess fire risk Check fire detection times and warning systems Check fire detection times and warning systems Check evacuation routes Check evacuation routes Provide fire fighting equipment Provide fire fighting equipment Check employee knowledge of fire procedures Check employee knowledge of fire procedures Check and maintain fire safety equipment. Check and maintain fire safety equipment.

Health and Safety (Display Screen Equipment) Regulations 1992 Employers must Assess the environment, identify risks and minimise them Assess the environment, identify risks and minimise them Assess workstation requirements Assess workstation requirements Adjustable control on VDU Adjustable control on VDU Adjustable seating Adjustable seating Suitable workstation Suitable workstation Adjustable keyboard Adjustable keyboard Vary work and allow regular breaks Vary work and allow regular breaks Arrange and pay for eye tests Arrange and pay for eye tests Provide adequate training and information on VDUs and workstations. Provide adequate training and information on VDUs and workstations.

Consequences of Breaches in Health and Safety Legislation to Organisation Legislation is enforced by the Health and Safety Executive and local council Environmental Health Dept Advice given Advice given Improvement notice Improvement notice Prohibition notice Prohibition notice Fines Fines Prison sentences Prison sentences Industrial Tribunal. Industrial Tribunal.

Consequences of Breaches in Health and Safety Legislation to Employee Eg behaving dangerously, smoking, not wearing safety clothing … Verbal warning Verbal warning Written warning Written warning Summary dismissal (usually only if breaches were ongoing and of a serious nature) Summary dismissal (usually only if breaches were ongoing and of a serious nature) Referral to police Referral to police Civil and criminal prosecution. Civil and criminal prosecution.

DATA HANDLING LEGISLATION

Legislation Governing Data Handling Data Protection Acts (1984 and 1998) Data Protection Acts (1984 and 1998) Copyright, Designs and Patents Act (1988) Copyright, Designs and Patents Act (1988) The Computer Misuse Act (1990) The Computer Misuse Act (1990) Freedom of Information Act 2000 Freedom of Information Act 2000 Privacy and Electronic Communications Regulations (2003) Privacy and Electronic Communications Regulations (2003)

Data Protection Acts (1984 and 1998) Personal data Data userData subjectData registrar Use and disclose data only for registered purpose Take measures to prevent unauthorised access or misuse of information Allow individuals access to information if requested Data must be held for no longer than necessary Data must be accurate and up-to-date Data must be adequate, relevant and not excessive Use data only for registered purpose Obtain data fairly and lawfully POINTS OF LAW

Consequences of not complying … Enforcement Enforcement Deregistration notice Deregistration notice Transfer prohibition notice Transfer prohibition notice

Copyright, Designs and Patents Act Premises can be searched Covers copyright software Books, songs, films belong author/composer

Consequences of not complying … Individuals and organisations can be heavily fined Individuals and organisations can be heavily fined

Computer Misuse Act No unauthorised changes to contents of any computer No unauthorised access with intent to commit an offence No unauthorised access to computer material

Consequences of not complying … Suspension of access Suspension of access Formal warning Formal warning Second warning – more serious Second warning – more serious Dismissal if serious Dismissal if serious If reported to police and proven – fine or imprisonment If reported to police and proven – fine or imprisonment

Privacy and Electronic Communications (EC Directive) Regulations (2003) Covers unsolicited direct marketing by phone, fax, etc Sender must not conceal identity Sender must not conceal identity Cannot send marketing s without prior consent Cannot send marketing s without prior consent Individuals must be given the opportunity to opt out of mailing lists Individuals must be given the opportunity to opt out of mailing lists

Consequences of not complying … If an organisation continually breaks the law, an Enforcement Notice is issued If an organisation continually breaks the law, an Enforcement Notice is issued If the organisation ignores the Notice, they would be fined If the organisation ignores the Notice, they would be fined

Communicating Legal Requirements Induction training Induction training On-going training On-going training Health and Safety Policy Statement Health and Safety Policy Statement Demonstrates commitment to achieving good Health and Safety standards Demonstrates commitment to achieving good Health and Safety standards Sets out requirements of employer and employee Sets out requirements of employer and employee Shows how organisation reduces accidents and ill health Shows how organisation reduces accidents and ill health Use of notices Use of notices Demonstrations Demonstrations Organisational handbook Organisational handbook Advice sessions Advice sessions Intranet Intranet Health and Safety Representative. Health and Safety Representative.

To sum up: You should be able to name the main workplace legislation regarding Health and Safety You should be able to name the main workplace legislation regarding Health and Safety Write about the main provisions of each act Write about the main provisions of each act Suggest methods of communication legislation to employees Suggest methods of communication legislation to employees Be aware of the consequences to both employer and employee of breaching legislation. Be aware of the consequences to both employer and employee of breaching legislation.