Higher Higher Administration Administration

and ITand IT

Administrative PracticesAdministrative Practices

Workplace LegislationWorkplace Legislation

HEALTH AND SAFETY

LEGISLATION

Legislation governing Health Legislation governing Health and Safety at Workand Safety at Work

Health and Safety at Work Act 1974Health and Safety at Work Act 1974

Health and Safety (First Aid) Regulations 1981Health and Safety (First Aid) Regulations 1981

Workplace (Health, Safety and Welfare) Workplace (Health, Safety and Welfare) Regulations 1992Regulations 1992

Fire Precautions (Places of Work) Regulations Fire Precautions (Places of Work) Regulations 19951995

Health and Safety (Display Screen Health and Safety (Display Screen Equipment) Regulations 1992Equipment) Regulations 1992

Health and Safety at Work Health and Safety at Work Act 1974 – Act 1974 – EmployersEmployers

responsibilitiesresponsibilities Provide and Provide and

maintain suitable maintain suitable surroundingssurroundings

Provide safe Provide safe equipment and equipment and carry out regular carry out regular maintenancemaintenance

Provide information Provide information and training on and training on Health and SafetyHealth and Safety

Provide information Provide information to all employees to all employees about safety by about safety by displaying H and S displaying H and S info on notice info on notice boardsboards

Prepare a H and S Prepare a H and S policypolicy

Provide a H and S Provide a H and S representativerepresentative

Health and Safety at Work Health and Safety at Work Act 1974 – Act 1974 – EmployeeEmployee

responsibilitiesresponsibilities Co-operate with Co-operate with

employer on H and employer on H and S issues and attend S issues and attend trainingtraining

Do not interfere Do not interfere with or misuse with or misuse equipment.equipment.

Take reasonable Take reasonable care for own safety care for own safety and report any and report any issues immediatelyissues immediately

Take care for the Take care for the health and safety health and safety of others being of others being observant and observant and reporting hazardsreporting hazards

Health and Safety (First Health and Safety (First Aid) Regulations 1981Aid) Regulations 1981

Employers must provide first aid Employers must provide first aid equipmentequipment

Appoint someone as being in charge Appoint someone as being in charge of first aid arrangementsof first aid arrangements

Train suitable number of first-aidersTrain suitable number of first-aiders Inform staff of first aid procedures.Inform staff of first aid procedures.

Workplace (Health, Safety and Workplace (Health, Safety and Welfare) Regulations 1992Welfare) Regulations 1992

Covers not just factories offices etc, Covers not just factories offices etc, all workplaces, eg schools, hospitals all workplaces, eg schools, hospitals are includedare included

Covers such issues as space, light, Covers such issues as space, light, ventilation, facilities, storage etc.ventilation, facilities, storage etc.

Fire Precautions (Places Fire Precautions (Places of Work) Regulations of Work) Regulations

19951995Employers must:Employers must: Assess fire riskAssess fire risk Check fire detection times and warning Check fire detection times and warning

systemssystems Check evacuation routesCheck evacuation routes Provide fire fighting equipmentProvide fire fighting equipment Check employee knowledge of fire Check employee knowledge of fire

proceduresprocedures Check and maintain fire safety equipment.Check and maintain fire safety equipment.

Health and Safety (Display Screen Health and Safety (Display Screen Equipment) Regulations 1992Equipment) Regulations 1992

Employers mustEmployers must Assess the environment, identify risks and Assess the environment, identify risks and

minimise themminimise them Assess workstation requirementsAssess workstation requirements

Adjustable control on VDUAdjustable control on VDU Adjustable seatingAdjustable seating Suitable workstationSuitable workstation Adjustable keyboardAdjustable keyboard

Vary work and allow regular breaksVary work and allow regular breaks Arrange and pay for eye testsArrange and pay for eye tests Provide adequate training and information on Provide adequate training and information on

VDUs and workstations.VDUs and workstations.

Consequences of Breaches in Consequences of Breaches in Health and Safety Legislation Health and Safety Legislation

to to OrganisationOrganisationLegislation is enforced by the Health and Legislation is enforced by the Health and

Safety Executive and local council Safety Executive and local council Environmental Health DeptEnvironmental Health Dept

Advice givenAdvice given Improvement noticeImprovement notice Prohibition noticeProhibition notice FinesFines Prison sentencesPrison sentences Industrial Tribunal.Industrial Tribunal.

Consequences of Breaches in Consequences of Breaches in Health and Safety Legislation Health and Safety Legislation

to to EmployeeEmployeeEg behaving dangerously, smoking, not Eg behaving dangerously, smoking, not

wearing safety clothing …wearing safety clothing … Verbal warningVerbal warning Written warningWritten warning Summary dismissal (usually only if Summary dismissal (usually only if

breaches were ongoing and of a serious breaches were ongoing and of a serious nature)nature)

Referral to policeReferral to police Civil and criminal prosecution.Civil and criminal prosecution.

DATA HANDLING

LEGISLATION

Legislation Governing Legislation Governing Data HandlingData Handling

Data Protection Acts (1984 and 1998)Data Protection Acts (1984 and 1998)

Copyright, Designs and Patents Act (1988)Copyright, Designs and Patents Act (1988)

The Computer Misuse Act (1990)The Computer Misuse Act (1990)

Freedom of Information Act 2000Freedom of Information Act 2000

Privacy and Electronic Communications Privacy and Electronic Communications Regulations (2003)Regulations (2003)

Data Protection Acts (1984 Data Protection Acts (1984 and 1998)and 1998)

Personal dataPersonal data Data user Data user Data subjectData subject Data registrarData registrar

• Use and disclose data only for registered purpose

• Take measures to prevent unauthorised access or misuse of information

• Allow individuals access to information if requested

• Data must be held for no longer than necessary

• Data must be accurate and up-to-date

• Data must be adequate, relevant and not excessive

• Use data only for registered purpose

Obtain data fairly and lawfully

POINTS OF LAW

Consequences of not Consequences of not complying …complying …

EnforcementEnforcement Deregistration noticeDeregistration notice Transfer prohibition noticeTransfer prohibition notice

Copyright, Designs and Copyright, Designs and Patents ActPatents Act

Premises can be searched

Covers copyright software

Books, songs, films belong author/composer

Consequences of not Consequences of not complying …complying …

Individuals and organisations can be Individuals and organisations can be heavily finedheavily fined

Computer Computer Misuse ActMisuse Act

No unauthorised changes to contents of any computer

No unauthorised access with intent to commit an offence

No unauthorised access to computer material

Consequences of not Consequences of not complying …complying …

Suspension of accessSuspension of access Formal warningFormal warning Second warning – more seriousSecond warning – more serious Dismissal if seriousDismissal if serious If reported to police and proven – fine If reported to police and proven – fine

or imprisonmentor imprisonment

Privacy and Electronic Privacy and Electronic Communications (EC Directive) Communications (EC Directive)

Regulations (2003)Regulations (2003)Covers unsolicited direct marketing by Covers unsolicited direct marketing by

phone, fax, e-mail etcphone, fax, e-mail etc Sender must not conceal identitySender must not conceal identity Cannot send marketing e-mails Cannot send marketing e-mails

without prior consentwithout prior consent Individuals must be given the Individuals must be given the

opportunity to opt out of mailing listsopportunity to opt out of mailing lists

Consequences of not Consequences of not complying …complying …

If an organisation continually breaks If an organisation continually breaks the law, an Enforcement Notice is the law, an Enforcement Notice is issuedissued

If the organisation ignores the If the organisation ignores the Notice, they would be finedNotice, they would be fined

Communicating Legal Communicating Legal RequirementsRequirements

Induction trainingInduction training On-going trainingOn-going training Health and Safety Policy StatementHealth and Safety Policy Statement

Demonstrates commitment to achieving good Health Demonstrates commitment to achieving good Health and Safety standardsand Safety standards

Sets out requirements of employer and employeeSets out requirements of employer and employee Shows how organisation reduces accidents and ill healthShows how organisation reduces accidents and ill health

Use of noticesUse of notices DemonstrationsDemonstrations Organisational handbookOrganisational handbook Advice sessionsAdvice sessions IntranetIntranet Health and Safety Representative.Health and Safety Representative.

To sum up:To sum up:

You should be able to name the main You should be able to name the main workplace legislation regarding Health workplace legislation regarding Health and Safetyand Safety

Write about the main provisions of each Write about the main provisions of each actact

Suggest methods of communication Suggest methods of communication legislation to employeeslegislation to employees

Be aware of the consequences to both Be aware of the consequences to both employeremployer and and employeeemployee of breaching of breaching legislation.legislation.