1.3 Health and Safety Legislation

Question 1

From the 1974 Health and safety act name one duty of an employer.

Answer 1

One of the following
provide a safe working environment/provide safe equipment/provide health and safety training/
provide a written health and safety policy/
have a health and safety representative.

Question 2

From the 1974 Health and safety act name one duty of an employee.

Answer 2

one of the following
take reasonable care of their own health and safety/take reasonable care of the health and safety of others/report any hazards/co-operate with the employer/
not to misuse or interfere with health and safety equipment.

Question 3

Give two consequences for employees of breaching Health and safety requirements.

Answer 3

Two of the following
verbal warning
written warning
suspension
dismissal
fine
prosecution.

Question 4

Give two consequences for the organisation of breaching Health and safety requirements.

Answer 4

Two of the following
Inspection of premises without warning
Provision of advice
Issuing of improvement notices
Shutting down premises
Imposition of fines or prosecution.

Question 5

Name two Health and safety acts besides 1974 Health and safety act.

Answer 5

Two of the following
Health and Safety (First Aid) Regulations 1981
Workplace (Health, Safety and Welfare) Regulations 1992
Fire Precautions (Workplace) Legislation (1999)
Health and Safety (Display Screen Equipment) Regulations 1992

Question 6

Duties of employees in The Fire (Scotland) Act 2005.

Answer 6

1 Each employee shall while at work take reasonable care for their own safety in respect of harm caused by fire.

2 Take reasonable care for the safety of any other relevant person(s) who may be
affected by acts or omissions of the employee.

3 Co-operate with the employer in as far as is necessary with respect to fire legislation.

Question 7

Duties of Employer in The Fire (Scotland) Act 2005..

Answer 7

1 Employer shall ensure, as far as is reasonably practicable, the safety of the employees in respect of harm caused by fire in the workplace.

2 Employer will carry out an assessment of the workplace for the purpose of identifying any risks to the safety of the employees in respect of harm caused by fire in the workplace.

Question 8

Name some of the areas covered by the The Health and Safety (Display Screen Equipment) Regulations 1992.

Answer 8

• Employers must examine workstations and ensure that they are suitable for the work to be carried out.
• Employers must ensure that workstations meet minimum requirements: the VDU can be adjusted with brightness and contrast, adjustable chairs are provided, footrests are provided if requested, keyboards can be adjusted and are separate from the screen.
• Employers must ensure that employees are given suitable breaks or can change activity away from the VDU.
• Employers must provide eye tests if the employee requests this and provide glasses or contact lenses if special ones are needed for VDU work.
• Employers must provide health and safety training and information to employees to ensure VDUs and workstations are used safely.

Question 9

The main principles of this Data Protection Act 1984 and 1998.

Answer 9

• The data must have been obtained fairly and lawfully.
• The data must be accurate and kept up to date.
• The data must be adequate, relevant and not excessive.
• The data must be held securely.
• The data must not be held for longer than necessary.
• The data cannot be transferred out of the EU.
• The data must be used for registered and lawful purposes.
• The data must be processed in accordance with the individual’s rights.
• Individuals should be allowed access to the data without undue expense.

Question 10

Security measures to minimise the loss of information.

Answer 10

Physical Threats
Threats to Software and Data
Access Rights
Paper-based Files

Question 11

Reason why the Computer Misuse Act 1990 was created.

Answer 11

This legislation was created to prevent unauthorised access to computer systems.

Question 12

What does the Freedom of Information Act 2000 provide?

Answer 12

The Freedom of Information Act provides public access to information held by public authorities.

Question 13

General Consequences of Breaching Legislation?

Answer 13

• Customers lose confidence in the organisation and do not want to deal with them again.
• Customers choose to buy their goods and services from your competitors, leading to a drop in sales and profits.
• The organisation may face legal procedures and fines for non-compliance.
• Negative publicity for the organisation.
• The organisation may develop a bad reputation.

Question 14

Ways of Communicating Legal Requirements to Employees?

Answer 14

Induction Training When a new employee starts they should receive a copy of the health and safety policy and also receive any necessary training on health and safety issues.

Staff Training Staff should be kept up to date on a regular basis on health and safety issues, including the safe use of any new equipment.

Notice boards/posters These can be displayed in certain areas to remind staff about procedures such as fire drills and no smoking.

Company Intranet This can be used to pass on key information to staff as all staff will have access to this and files can be stored in a central area.

Demonstrations This can be used for practical activities such as fire drills or first-aid procedures.

Staff Meetings If information regarding any health and safety policies needs to be given to all staff than a meeting is the quickest way to ensure that this information is passed on.

Health and Safety Representatives These are people who should be available for advice and can provide information to employees.