Topic 3 - Workplace Regulations. Higher Administration & IT

Transcription

1 Topic 3 - Workplace Regulations Higher Administration & IT 1

2 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 Health and Safety (First Aid) Regulations Fire Precautions (Workplace) Regulations Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) Control of Substances Hazardous to Health (COSHH) The Health and Safety (Display Screen Equipment) Regulations 1992 Data handling legislations: - Data Protection Act 1984 and Computer Misuse Act Copyright, Designs and Patents Act Freedom of Information Act

3 Health and Safety Legislations 3

4 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. 4

5 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. 5

6 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 selfemployed 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. 6

7 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. 7

8 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. 8

9 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 employees) inform staff of first aid procedures keep a record of all accidents/incidents. 9

10 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. 10

11 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. 11

12 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. 12

13 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. 13

14 Health and Safety (Display Screen Equipment) Regulations 1992 (2) 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. 14

15 Fire Precautions (Workplace) Organisations are required to: Regulations 1999 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.). 15

16 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. 16

17 Data Handling Legislations 17

18 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). 18

19 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. 19

20 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. 20

21 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. 21

22 Communicating Legal Requirements Induction training Staff training Notice boards Company intranet Demonstrations Staff meetings Health and safety representative 22