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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