Workplace legislation Flashcards
The Health and Safety at Work Act 1974
HASAWA was updated by the Workplace (Health and Safety and Welfare) Regulations 1992. Both pieces of legislation set out minimum standards of health and safety that employers and organisations must adhere to and cover a wide range of basic health, safety and welfare issues. These regulations apply to all employees, including those with disabilities, and reasonable adjustments must be made to workplaces to ensure that safety and access to safety and other facilities is possible for workers with a disability.
Responsibilities of Employers - HASAWA
Prepare and keep up to date a Health and Safety Policy (by law, any organisation employing more than 5 staff must produce a written policy)
Provide all employees with information and training on Health and Safety
Provide protective clothing when necessary
Make sure that all materials are handled, stored and used safely
Provide adequate first aid facilities
Provide all employees with information and training on Health and Safety
Responsibilities of Employees - HASAWA
Take responsibility for their own Health and Safety
Make sure their actions do not put others at risk
Report any faults or hazards immediately
Cooperate with their employer on Health and Safety training
Know the organisation’s Health and Safety policy
Never misuse or interfere with anything provided for Health and Safety, eg fire alarms or fire extinguishers
First-Aid Regulations 1981
A first-aid box must be provided at each workplace location.
A first-aid appointed person should be available at all times when people are at work.
The ‘appointed person’ must be someone who takes charge when someone is injured or falls ill (including calling an ambulance if required) and who looks after the first-aid equipment.
Staff must be made aware of the location of the first-aid box and the name(s) of first aiders. This also forms part of the induction training for new staff.
All accidents/injuries at work must be recorded in an accident book.
Workplace Regulations 1992
Lighting, ventilation and temperature of workspaces
Cleanliness and disposal of waste materials
Workspace dimensions
Design of workstations and seating
Conditions of floors and traffic routes
Operation of windows and skylights
in 1993 six European Health and Safety directives were enforced in Britain. These became known as the ‘Six-Pack’
It is the duty of employers to carry out a written assessment of all risks in the workplace, identify hazards involved and outline actions to eliminate or minimise the risks
There should be increased worker participation in assessing risks
Display Screen Equipment Regulations 1992
This is the law which protects workers who use display screens from eyestrain, backache, headaches and RSI. The regulations apply to workers who use display screen equipment daily, for an hour or more at a time. It covers PCs, laptops, tablets and smartphones as well as other methods of displaying data, such as CCTV screens.
The 1992 DSE regulations require employers to:
Assess the computer environment, identify potential risks and provide:
adjustable controls on VDUs
adjustable and stable seating
suitable workstation surface and design
adjustable, separate keyboards
Provide eyesight tests and pay the costs of corrective eyewear if required.
Provide adequate training and information to users and operators, explaining the risks of DSE use and how to arrange the workstation safely.
Provide safety equipment if required, eg wrist rests, anti-glare screens.
Allow operators to have periodic short breaks or changes of activity away from the DSE.
Fire Safety Act 2005 and the Fire Safety (Scotland) Regulations 2006
Employers must carry out a Fire Risk Assessment which identifies ignition sources (for example naked lights) and fuel (combustible materials such as paper, wood and flammable liquids).
The organisation must have a Fire Prevention policy for every workplace.
Fire detection equipment must be present and regularly maintained.
Escape routes must be planned and clearly displayed within the workplace.
Firefighting equipment should be present and properly maintained.
Employees must be given appropriate instruction about what to do in the event of a fire and regular fire drills should be carried out.
The Data Protection Act (1998)
The Data Protection Act governs how personal information is collected, used, stored and destroyed. This Act was updated in 1998 to cover GDPR (General Data Protection Regulation). The main principles of data protection are as follows.
The Data Subject is the individual to whom the personal data refers. The Data User is the person or organisation that controls the way in which the data is used. Where data users record personal information, they are required by law to register the following details with the Data Registrar:
The nature of data held.
Why it is held.
How it was collected.
To whom it will be disclosed.
Compliance with Data Protection Legislation
Data must be collected and processed fairly and lawfully.
Data must be obtained only for a specified purpose, and not be further processed.
Data must be adequate, relevant and not excessive in relation to the purpose for which it is processed.
Data must be accurate and, where necessary, kept up to date.
Data must not be processed for any purpose nor be kept for longer than is necessary.
Data must be protected by proper security methods.
In order to comply with the data legislation an organisation could employ the following strategies:
To ensure information remains confidential, organisations should have access rights which ensure that only certain people are authorised to access certain information. This can be achieved through log-in procedures.
Employees should have usernames and passwords in order to keep information secure, and passwords should be changed on a regular basis.
Staff should use a password-protected screen saver or ‘lock’ the screen when they leave their desks.
Sensitive information should not be stored on external devices such as USBs or pen drives.
Information should be disposed of in a responsible manner, for example paper-based materials should be shredded.
Anti-virus software should be installed and regularly updated so systems are safe.
General Data Protection Regulation (GDPR) 1998
Data must be collected and processed fairly and lawfully.
Data must be obtained only for a specified purpose, and not be further processed.
Data must be adequate, relevant and not excessive in relation to the purpose for which it is processed.
Data must be accurate and, where necessary, kept up to date.
Data must not be processed for any other purpose than for which it is intended, nor be kept for longer than is necessary.
Data must be protected by proper security methods.
The Computer Misuse Act (1990)
Access certain types of computer material without permission, eg, looking at someone else’s personal information.
Access computer material with intent to commit criminal offences.
Alter or delete computer data without permission.
Freedom of Information Act 2000
The Freedom of Information Act gives individuals the right to request access to information held by public authorities such as councils and government departments.
Under FOI, individuals can request to see information held by public bodies, although some information is excluded from this requirement.
The Act also requires public authorities to publish certain information about their activities.
