Topic 3 - Workplace Regulations

Higher Administration & IT

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Learning Intentions / Success Criteria

Learning

Intentions

Workplace

Regulations

Success Criteria

By end of this topic you will be able to explain employee and employer

responsibilities under current workplace legislation in the areas of :

• Health and safety legislations:

- Workplace (Health, Safety and Welfare) Regulations 1992

- Health and Safety (First Aid) Regulations 1981

- Fire Precautions (Workplace) Regulations 1999

- Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

(RIDDOR) 1995

- Control of Substances Hazardous to Health (COSHH) 1994

- The Health and Safety (Display Screen Equipment) Regulations 1992

• Data handling legislations:

- Data Protection Act 1984 and 1998

- Computer Misuse Act 1990

- Copyright, Designs and Patents Act 1988

- Freedom of Information Act 2000.

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Health and Safety Legislations

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Health and Safety at Work Act

1974 (1) • The HASWA is an

‘umbrella act’; that is , it

contains a number of other

acts, each covering specific

aspects of health and safety.

• It is also known as an

‘enabling act’, meaning that

it allows for any new acts

or amendments to be added.

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Health and Safety at Work Act

1974 (2) Duties of the employer:

• provide a safe working

environment

• ensure that entrances and exits

are clearly marked

• provide safe equipment and

machinery and ensure that it is

regularly checked and

maintained

• provide health and safety

training

• provide a written health and

safety policy

• have a health and safety

representative.

Duties of the employee:

• take reasonable care of their own

health and safety

• take reasonable care of the health

and safety of others

• report any faults with machinery and

equipment

• co-operate with the employer

• always follow guidelines when

operating machinery and equipment

and never operate machinery or

equipment they are not authorised or

trained to use

• be observant and report any hazards

in the workplace.

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Reporting of Injuries, Diseases and Dangerous

Occurrences Regulations (RIDDOR) 1995

This deals specifically with the reporting of injuries and accidents at

work (serious and fatal).

• Accidents must be reported when they result in an employee or self-

employed person being away from work or unable to perform their

normal work duties for more than seven consecutive days as the

result of their injury.

• Accidents must be recorded, but not reported, when they result in a

worker being incapacitated for more than three consecutive days.

• Accidents to members of the public or others who are not at work

must be reported if they result in an injury and the person is taken

directly from the scene of the accident to hospital for treatment for

that injury.

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Control of Substances Hazardous to

Health (COSHH) 1994 This deals specifically with the storage and control of hazardous substances and

items such as protective equipment and clothing.

COSHH requires employers to control substances that are hazardous to health.

Employers can prevent or reduce workers’ exposure to hazardous substances by:

• finding out what the health hazards are

• deciding how to prevent harm to health (risk assessment)

• providing control measures to reduce harm to he

• making sure they are used

• keeping all control measures in good working order

• providing information, instruction and training for employees and others

• providing monitoring and health surveillance in appropriate cases

• planning for emergencies.

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Health and Safety (First Aid)

Regulations 1981 (1)

• These require employers to

provide adequate and

appropriate equipment, facilities

and personnel to ensure their

employees receive immediate

attention if they are injured or

taken ill at work.

• These regulations apply to all

workplaces, including those

with fewer than five employees,

and to the self-employed.

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Health and Safety (First Aid)

Regulations 1981 (2)

Organisations are required to:

• provide a well-stocked first aid box

• appoint a first aider (it is recommended that

there should be one for every 50-100

employees)

• inform staff of first aid procedures

• keep a record of all accidents/incidents.

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Workplace (Health, Safety and

Welfare) Regulations 1992 (1) These cover the four main areas of the workplace

– the working environment, safety, facilities (for

example, toilets) and maintenance of equipment

and premises.

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Workplace (Health, Safety and

Welfare) Regulations 1992 (2) Employees

responsibility:

• maintain all escape

routes, fire and

emergency exits

• maintain a clean and

tidy work environment

• report any faults or

unsuitable equipment

or machinery to his/her

employer.

Employers responsibilities:

• maintain all escape routes,

fire and emergency exits

• maintain a clean and tidy

work environment

• perform regular maintenance

and rectify any faults as soon

as is practicable

• provide, regularly inspect and

maintain safety equipment.

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Further Requirements - Workplace (Health,

Safety and Welfare) Regulations 1992 (3)

• Suitable an sufficient lighting, ventilation and temperature.

• Furniture, fittings, floors, walls and ceilings must be kept clean.

• Necessary safety devices must be fitted to doors and gates.

• Escalators and moving walkways must operate safely.

• Traffic and pedestrian routes must be safety organised and clearly

marked.

• Suitable and sufficient sanitary conveniences and washing facilities

must be available.

• A ready accessible supply of drinking water must be available.

• Accommodation for clothing worn only at work must be available.

• Suitable and sufficient First Aid equipment must be available and

adequately marked.

• Areas for rest and consumption of food must be provided.

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Health and Safety (Display Screen

Equipment) Regulations 1992 (1)

These regulations provide protection for employees working at

workstations with VDUs and PCs. The give guidance on the

length of time to work at a VDU and advice on the provision of

special equipment such as screen and wrist guards to avoid

fatigue or strains.

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Health and Safety (Display Screen

Equipment) Regulations 1992 (2)

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Responsibilities of an

employee

Avoid potential health

hazards by:

• making use of

adjustment facilities

for the VDU.

• adjusting chair for

maximum comfort.

• arranging desk and

screen to avoid glare.

Responsibilities of an

organisation

• Assess workstation requirements.

• Provide adjustable seating.

• Provide adjustable and tilting

screens.

• Provide health and safety

training for employees.

• Organise daily work of VDU

users so that there are regular

rest breaks or changes in activity.

Fire Precautions (Workplace)

Regulations 1999 Organisations are required to:

• assess fire risks in the organisation

• provide appropriate fire-fighting equipment such as fire

extinguishers

• check and maintain fire-fighting equipment

• provide warning systems (and check them regularly)

• train employees in fire procedures

• regularly check evacuation procedures (regular fire drills would help

check that routes are appropriate, timings are acceptable, etc.).

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Breaching Health and Safety

Consequences of breaching legislation for the employee:

• verbal warning

• written warning

• suspension

• dismissal

• fine

• prosecution.

Consequences of

breaching legislation for

the organisation:

• inspect premises

without warning

• provide advice

• issue improvement

notices

• shut down premises

• fine or prosecute.

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Data Handling Legislations

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Computer Misuse Act 1990

This law was created when computers were being

introduced to more businesses. It prohibits unlawful

access to computer systems. The Act makes it illegal to:

• access computers/computer systems without

permission (hacking)

• access computers with the intention of committing a

criminal offence (for example, introducing a virus)

• access computers to change or alter details in the

system without permission (copying

details/software).

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Copyright, Designs and Patents Act

(Plagiarism) 1988

• This helps to protect copyright owners from finding their work that is copied by others without payment being made towards their effort and creativity.

• It is illegal to copy software without the authors or the software companies permission. This applies to all digital work- music, photography, graphics video, articles, research and inventions.

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Data Protection Act 1994 and 1998

If someone holds data electronically

about an individual, then that

individual has the following rights:

• To view a copy of the data being held on them.

• To have any inaccurate data corrected.

• Receive compensation for distress caused if the Act has been broken.

The data controller/data user who is

in charge of managing the data that is

held must:

1. Ensure that the data is accurate, up-to-date and relevant.

2. Allow access to the data if requested by a data subject.

3. Change information that is incorrect.

4. Store data securely.

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Freedom of Information Act 2000

The Freedom of Information Act 2000 provides

public access to information held by public

authorities. It does this in two ways:

• public authorities are obliged to publish certain

information about their activities; and

• members of the public are entitled to request

information from public authorities.

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Communicating Legal

Requirements • Induction training

• Staff training

• Notice boards

• Company intranet

• Demonstrations

• Staff meetings

• Health and safety representative

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