Legislation

Question 1

What is the Health and Safety at Work Act (1974)

Answer 1

• Provides a comprehensive legal framework to ensure health and safety of these at work
• Health and Safety Executive
• Sets the general duties which:
  ○ Employers have towards employees and
  members of the public
  ○ Employees have to themselves and each other
  ○ Certain self-employed have towards themselves
  and others
• Employers should look at possible harms and ways to prevent these
  ○ Training
  ○ H & S posters or pocket cards
  ○ Proper equipment (chef whites, ppe etc)
• Provide adequate first aid facilities

Question 2

What is COSHH?

Answer 2

• Control of Substances Hazardous to Health Regulations 2002
• Places a duty on all employers to reduce employee exposure to hazardous substances with acceptable limits
• Includes hand sanitiser, dishwashing fluids, oven cleaning liquid etc

Question 3

What is the Fire Precautions Act 1971?

Answer 3

• Passed to improve fire safety standards in premises that has frequent public visitors
• Some premises require a fire certificate which specify
  ○ Details of storage of flammable liquids
  ○ Warning notices / staff training
  ○ Plan of escape routes
  ○ Location of assembly points
  ○ Number and location of fire doors

Question 4

What is the Employers Liability Act 1969?

Answer 4

• A compulsory insurance
• Requires employers to insure against liability for bodily injuries or disease sustained by employees
• Insurance company needs to issue a certificate of insurance (which the employer must display)

Question 5

What are the Health and Safety (First-Aid Regulations) 1981?

Answer 5

• States that an employer must provide first aid equipment and that they are adequate and accessible.
• Should be able to be used immediately if an employee becomes injured or ill
• Should have a suitable area where anyone ill can stay until they feel better

Question 6

What is RIDDOR?

Answer 6

• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995
• Requirement to report and notify accidents and dangerous occurrences
• Serious injuries
  ○ Fractures, other than to the fingers or toes
  ○ Crush injuries that may cause damage to brain
  or internal organs
  ○ Amputations (small part of finger)

Question 7

What is HACCP?

Answer 7

• Hazardous Analysis Critical Control Points
• Points in the control process where if critical errors occurs it can prove dangerous or fatal to the customer
• See Food Safety and Hygiene HACCP notes for further details

Question 8

What is the Disability Discrimination Act 1995?

Answer 8

• Committed if a less-abled person is treated less fairly than others due to their disability and can not be justified
• Came into force in 1996 and all new build hospitality establishments must provide facilities for people who are less-abled
• First stage requires service providers to take reasonable steps to change practices, policies or procedures which make it difficult for less-abled people to use a service

Question 9

What is the Food Safety Act 1990?

Answer 9

• Creates new offences and strengthens the powers of the enforcement agencies
• Food business must register with local authorities
• Be able to show due diligence about following HACCP and the food safety act
• FSA Section 7 – Rendering food injurious to health
• FSA Section 8 – Selling food which does not meet food safety requirements for human consumption
• FSA Section 14 – Selling food not of the nature, substance or quality demanded by the purchaser (the customer not person ordering ingredients)
• FSA Section 15 – Falsely advertising or presenting food
• FSA sections 7,8,14 & 15 are important for exam

Question 10

How can food and beverage outlets defend prosecution?

Answer 10

• Due diligence is a key defence to prosecution
  ○ Up to the person charged to prove that they
  took all reasonable precautions and exercised
  due diligence to avoid the offence occurring
  ○ Stock taking, records of staff training and
  temperature records are all examples of due
  diligence

Question 11

What are the Food Safety Regulations 1995?

Answer 11

• Set out the basic hygiene principles that food businesses must follow in relation to staff, premises and food handling
• Temperature Control

Question 12

What is the Licensing Act 2003?

Answer 12

• Legal requirement for all retail sales of alcohol to be made or authorised by a personal license holder who has an approved qualification (the BII licensing course)
• All premises that are licensed must have a designated license holder
• 4 main principles
  ○ Prevention of crime and disorder
  ○ Public safety
  ○ Prevention of public nuisance
  ○ Protection of children from harm
• To apply for a personal license you must
  ○ Be 18 years old or older
  ○ Have a recognised license qualification

Question 13

What is the Weights and Measurements Act (intoxicating liquor) Order 1988?

Answer 13

• Draught Beer and Cider must be sold in measures of 1/3 pint, 1/2 pint or multiples of 1/2 pint (minimum 95% liquid)
• Gin, rum, vodka, whisky - these spirits must be served in measures of 25ml or multiples of 25ml, or 35ml or multiples of 35ml. A mix of the two is not permitted
• Wine must be sold in measures of 125ml, 175ml or multiples of 175ml. Both measures can be used in the same premises