2. Legislation for board 277KB Sep 15 2014 01:47:10 PM

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2. Legislation for board 277KB Sep 15 2014 01:47:10 PM
Administrative
Services Outcome 2
Describe the impact of changing
working practices on the modern
working environment
LEARNING INTENTION
WORKPLACE LEGISLATION
Every week an average of 5
employees are killed at work
Numerous others are physically
damaged by the way they carry
out their work
Hazards exist everywhere in the
office and legislation is in place
to minimise risk to employees
Computer workstations - Hazards Magazine
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Work Legislation
All businesses must be aware of and follow workplace legislation.
The main health & safety legislation that currently exist is
The Health & Safety at Work Act (HASAW) 1974.
Other acts you should be aware of are:
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Health & Safety (Display Screen Equipment) Regulations 1992.
Health & Safety (First Aid) Regulations 1981
Control of Substances Hazardous to Health (COSHH) 1994.
Workplace (Health, Safety & Welfare) Regulations 1982
Reporting of Injuries, Diseases and Dangerous Occurrences
Regulations (RIDDOR) 1995.
Fire Precautions (Workplace) (Amendment) Regulations 1999
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HASAW Act 1974
This Act ensures a healthy and safe environment for all employees.
However it must be noted that both the EMPLOYER and the
EMPLOYEE have responsibilities of ensuring that this Act is adhered to
at all times.
EMPLOYER’S RESPONSIBILITIES
EMPLOYEE’S RESPONSIBILITIES
• Must provide a safe working environment.
• That they look after their own health
• Look after employee’s welfare eg offer
free eye tests.
• Provide protective clothing where
necessary and provide H&S training.
• Provide First Aid facilities (must have First
Aiders at work and updated First Aid kits).
and safety.
• That they take care of their colleagues’
health & safety.
• That they cooperate at all times with
their employer to make sure that the
workplace is a healthy and safe
environment at all times.
• Keep records of any accidents or
incidents which occur.
• Prepare a Health & Safety policy
• Heat, light and provision of facilities e.g.
toilets
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Health & Safety (First Aid) Regulations ’81
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Requirements involving need for qualified first aider
Requirement for suitable equipment to administer first aid
Dependant on number of employees
Workplace (Health, Safety & Welfare) Regulations ’92
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Covers 4 main areas of workplace
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Health & Safety (Display Screen Equip) Regulations ’92
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States there should be a means of fire detections (alarm bells)
Ways to escape
Suitable equipment to fight fires
Staff trained in fire safety issues
RIDDOR ’95
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Provide protection for employees working with VDUs and PCs
Guidance on length of time to work at a VDU
Advice on provision of special equipment e.g. screen & wrist guards
Fire Precautions (Workplace) (Amendment) ’99
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Working environment
Safety
Facilities
Maintenance of equipment & premises
How to report serious injuries & fatal accidents
COSHH ’94
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Storage & control of hazardous substances
Provision of protective clothing
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Six-Pack European H&S
Directives
The six-pack regulations were introduced in
1992 to implement the European Union Health &
Safety Directives. They included the points below
however in the UK the directives were already in place
under HASAW 1974.
 Risk Assessment and Monitoring – carry out a
written assessment of all risks in the workplace,
identify hazards and outline how to minimise the risk
 Increased worker participation
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Health & Safety Policy
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An organisations Health & Safety Policy is a plan
that clearly sets out how they are going to manage
health & safety of employees in the workplace
The policy should contain
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The organisations statement of intent – organisation
commitment to maintain H&S
Section stating who is responsible for what – info relating to
risk assessment, workplace inspections
Arrangements section detailing what the organisation are
going to do to achieve aims set out in the statement of
intent – training, signs, minimising waste, provision of
safety equipment
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Communicating H&S regulations
and changes to H&S regulations
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Law states if more than 5 employees in organisation, a written H&S policy
must be issued to all staff
Induction training e.g. fire-drill, reporting of accidents, evacuation routes,
overview of legislation, first-aid
On-going training e.g. refresher training, risk assessment, lifting and handling
Use of notices e.g. caution signs. Must be updated.
Emails, newsletters or memos
Demonstrations and videos e.g. first aid procedure
Organisation handbook distributed to all staff
Advice sessions in house or by H&S external trainer
Intranet to access H&S folder & policies when required
Appoint H&S representative
Drills & simulations to allow staff to practice procedures e.g. fire drill
Staff meetings – allows expansion & detailed explanation to staff; also allows
for questions & discussions
Use of posters in public areas
Team discussions
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Visits from key personnel to advise & instruct employees
Organisations responsible for
enforcing Health & Safety Policies
The Health and Safety Executive (HSE) & the local government
Environmental Health departments are responsible for ensuring
that organisations are implementing & adhering to their Health &
Safety policies.
At any time an inspector can turn up & inspect the working
practices that are taking place. They are in a position to not only
offer advice but to take action when necessary e.g. issue a warning
if there is an insufficient fire drill procedure. Depending on the
severity of the situation, this will determine whether or not the
business is shut down immediately.
Businesses are accountable for any breaches of policy and they will
be expected to pay a penalty or even face imprisonment!
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Consequences of breaches in
H&S legislation and procedures
By organisation
 Health and Safety Executive (HSE) or Environmental
Health dept visits to inspect (unannounced)
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Provide advice
Take photographs and samples.
Issue warnings and notice to improve (deadline)
Immediately shut down operations and prosecute
Question & interview people and give warnings
Shut down premises
Failure to comply with above – fine or imprisonment
Employee can take employer to an Industrial Tribunal
– fine or compensation to employee
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Consequences of breaches in
H&S legislation and procedures
By employee
e.g. acting in a dangerous manner, refusal to wear safety
equipment
Will be dealt with according to company’s disciplinary procedures
 Verbal warning
 Written warning
 Suspension (with or without pay)
 Fine
 Summary dismissal
 Referral to the police
 Civil and criminal prosecution
Action taken by organisation depends on severity & frequency
of the breach of procedure
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