Health and safety legislation
Unit 17:
P1
Health and Safety at Work Act 1974
The Health and Safety at Work Act 1974 (also referred to as HSWA, the HSW Act, the 1974 Act or HASAWA) is the primary piece of legislation covering occupational health and safety in Great Britain. The Health and Safety Executive, with local authorities (and other enforcing authorities) is responsible for enforcing the Act and a number of other Acts and Statutory Instruments relevant to the working environment.
‘’http://www.hse.gov.uk/legislation/hswa.htm’’
• It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
• Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
• Arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
• The provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.
http://www.legislation.gov.uk/ukpga/1974/37/section/2
Example : Tesco is British and worldwide biggest supermarket that sells grocery , electrical and etc.. Employers at Tesco are responsible for the health and safety of their employees and any visitors to their premises such as customers, contactors and the general community. Risk assessment must be done by employers to identify possible risks and when the risk is found than employer should place a plan on how to deal with it.
Example : City College Coventry is a educational service provider the college has huge responsibility of ensuring the health and safety of students , staff ,employers and general public they can ensure the safety by dong risks assessments and by putting up a copy of health and safety work act on the walls therefore everyone is aware of this act and take it in a consideration.
Riddor
What is Riddor?
Riddor is the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.
Employers, the self-employed and those in control of premises are required by law to report specified workplace incidents, such as work-related deaths, major injuries, 7-day injuries (those causing more than seven day’s inability to carry out normal duties), work related diseases, and dangerous occurrences (near miss accidents).
What type of incident is reportable?
The following things must be reported under RIDDOR:
• deaths
• major injuries
• over-7-day injuries – where an employee or self-employed person is away from work or unable to perform their normal work duties for more than 7 consecutive days
• injuries to members of the public or people not at work where they are taken from the scene of an accident to hospital
• some work-related diseases
• dangerous occurrences – where something happens that does not result in an injury, but could have done
• Gas Safe registered gas fitters must also report dangerous gas fittings they find, and gas conveyors/suppliers must report some flammable gas incidents.
What information do I need to record?
The records must include the following:
• The date and method of reporting
• The date, time and location of the incident
• Personal details of those involved
• Brief description of the nature of the disease or occurrence
http://hts-training.co.uk/faqs/legal-company-responsibilities/what-is-riddor/
Example: An accident that takes place in a large retail setting as Tesco when the employee gets injured due to slip or trip, trapping hand in machinery during packaging etc… It is important for the self-employed person or someone acting on their behalf to report the injury as soon as possible to the employer or organisation. It is important for the employer to record the exact information as date, timing and site of the occurrence.
Example : City College Coventry the staff must put up hazard signs when needed eg if the floor is wet the staff is in charge to put wet floor sign up in order to avoid further slip, trips and serious injuries. Assembly points for fire evacuation if this sign wasn’t used people may burn, panic and may be injured in a fire. All buildings need to have fire assembly points and fire procedures for staffs and students these should be sign posted. Staff also need training in fire procedures. This is a safety hazard.
COSHH
COSHH stands for the Control of Substances Hazardous to Health Regulations. These Regulations require employers to control exposure to hazardous substances to prevent ill health.
Hazardous substances include:
• Certain chemicals;
• Bacteria and other microorganisms;
• Certain dusts; and
• Any other substance which has comparable health effects
The main points of COSHH (2002)
• Store cleansing materials correctly
• Label hazardous substances correctly
• Handle bodily fluids such as blood and urine appropriately
• Handle flammable liquids and gases appropriately
• Handle toxic or corrosive substances/ liquids appropriately
http://www.n-kesteven.gov.uk/business/health-and-safety/what-does-coshh-mean/106077.article
Example: Tesco as their sell varieties of cleaning products in a form of liquid and powder it is important for the responsible to make sure the lids are sealed and packaged properly. If these are swallowed could be harmful to anyone especially children. All chemicals products should be placed on higher shelves where children cannot reach in the store.
Example: City College Coventry should ensure bleach and cleaning products are locked away in a secure cupboard away from service users also making sure the cleaning fluid is away from the staff kitchen oven it can cause explosion.
Food Safety Act 1990
The Food safety act (1990)
Food hygiene is the action taken to ensure that food is handled, stored, prepared and served in such a way, and under such conditions, as to prevent – as far as possible – the contamination of food. Food hygiene means keeping premises, staff and equipment clean and handling and storing food safely.
Main points of the food safety
Provides safe handling and preparing food
• Basic hygiene principles for handling and preparing food
• Food safety risks
All staff who prepares food for users of services in day centres, residential settings and hospitals must follow the guidelines.
When you work with food, it is vital that hygiene is well controlled because food must be kept safe. This is done by:
Fingernails: Anyone preparing food or serving it must have short and clean nails and no false nails or nail varnish.
Gloves : Hands should be washed and dried before any gloves are worn. Once put on a pair of gloves should only be used for one task.
Hair: Long hair should be kept back with a hat, hair net or tied back with a ribbon.
Protective clothing; Employees who handle cooked foods, soft cheeses and prepared salads, should not travel to and from work wearing their protective clothing, instead they should change into their work clothes on site.
Ref: BTEC Level 2 First Health and Social Care Student Book (Level 2 BTEC First Health and Social Care)
Example: Tesco sells range of frozen food to fresh they should make sure it is in date and is fit for human consumption otherwise customers and staff could suffer food poising. Moreover Tesco can lose customers if they don’t take priority of their work.
Example :City College Coventry have one cafe and canteen the food care takers or dinner ladies should wash their hands before preparing or serving food to stop cross – contamination which could lead to stomach upset and ect… also the dinner ladies should clean the table as often to stop the spreading of germs which can lead to viruses and infections.
The Data Protection Act
The Data Protection Act controls how your personal information is used by organisations, businesses or the government.
Everyone responsible for using data has to follow strict rules called ‘data protection principles’. They must make sure the information is:
• used fairly and lawfully
• used for limited, specifically stated purposes
• used in a way that is adequate, relevant and not excessive
• accurate
• kept for no longer than is absolutely necessary
• handled according to people’s data protection rights
• kept safe and secure
• not transferred outside the European Economic Area without adequate protection
There is stronger legal protection for more sensitive information, such as:
• Ethnic background
• Political opinions
• Religious beliefs
• Health
• Sexual health
• Criminal records
https://www.gov.uk/data-protection/the-data-protection-act
Example: Tesco collects information of customers by filling in forms on our Website or by communicating with them by phone, e-mail or other. The information includes the name, address, e-mail address and phone number, personal description and photograph. They promise not to share the customers’ information outside their business.
Example :In City College Coventry the teachers and head of ITC are responsible to keep the students personal information protected by not passing it on to the unauthorised members of public. After the student have left the college the college is responsible for deleting the data and disclosing the personal information which was collected from the student.
Freedom of Information Act 2000
The Freedom of Information Act 2000 provides public access to information held by public authorities.
It does this in two ways:
• Public authorities are obliged to publish certain information about their activities; and
• Members of the public are entitled to request information from public authorities.
The Act covers any recorded information that is held by a public authority in England, Wales and Northern Ireland, and by UK-wide public authorities based in Scotland. Information held by Scottish public authorities is covered by Scotland’s own Freedom of Information (Scotland) Act 2002.
Public authorities include government departments, local authorities, the NHS, state schools and police forces. However, the Act does not necessarily cover every organisation that receives public money. For example, it does not cover some charities that receive grants and certain private sector organisations that perform public functions.
Recorded information includes printed documents, computer files, letters, emails, photographs, and sound or video recordings.
The Act does not give people access to their own personal data (information about themselves) such as their health records or credit reference file. If a member of the public wants to see information that a public authority holds about them, they should make a subject access request under the Data Protection Act 1998.
https://ico.org.uk/for-organisations/guide-to-freedom-of-information/what-is-the-foi-act/
Examples: The freedom of information facilitates the consumer to speak to public bodies to to get hold of lawful information relating to themselves or to matters of concern. This doesn’t allow customer to ask anything, as there are exceptions to the limit of the questions one may put. The Act has to work hand-in-hand with other legislation, such as the Data Protection Act. As far as Tesco are concerned, as they are not public bodies.
Example: City College Coventry absolutely allows students and staff to get in hold with the relating information to them. As it is a service provider the college try their best to provide any possible information or questions that can help the student and the staff.
Copyright, Designs and Patent Act 1988
Copyright gives the creators of some types of media rights to control how they’re used and distributed. Music, books, video and software can all be covered by copyright law.
Copyright law
Limitations imposed by copyright
When you buy software, for example, copyright law forbids you from:
• Giving a copy to a friend
• Making a copy and then selling it
• Using the software on a network (unless the licence allows it)
• Renting the software without the permission of the copyright holder
The law that governs copyright in the UK is called the Copyright, Designs and Patents Act 1988.
Prevention of software piracy
Software companies take many steps to stop software piracy
• An agreement between the company that developed the software and the user must be agreed before the software is installed. This is called the license agreement and covers copyright.
• Certain pieces of software require a unique licence key to be entered before the installation will continue.
http://www.bbc.co.uk/schools/gcsebitesize/ict/legal/2copyrightrev1.shtml
Example: Tesco don’t use copyright, designs and patent 1988 this is because Tesco don’t sell books, music or software.
Example: City College Coventry uses Educational Licence which is cheaper for all students to access relevant information to their courses to understand rather than copying it.
Electricity at Work Regulations 1989
Electrical equipment includes anything used, intended to be used or installed for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy.
This definition is extremely wide and includes everything from very high voltage overhead supply cables to battery-powered equipment.
System covers all and any electrical equipment which is, or may be, connected to an electrical energy source, and includes that source.
Danger means risk of injury.
Injury covers death or personal injury from electric shock, electric burn, electrical explosion or arcing, or from fire or explosion initiated by electrical energy, where any such death or injury is associated with the generation, provision, transmission, transformation, rectification, conversion, conduction, distribution, control, storage, measurement or use of electrical energy.
http://www.pcs.org.uk/en/resources/health_and_safety/health_and_safety_legal_summaries/electricity_at_work_regulations_1989.cfm
Adverse or Hazardous Environments
Regulation 6 states that electrical equipment that may reasonably be foreseeable to be exposed to the following dangers must be constructed in such a way to protect or prevent so far as is reasonably practicable danger arising from such exposure:
• Mechanical danger
• The effects of weather, natural hazards, temperatures or pressure
• The effects or wet, dirty, dusty or corrosive conditions
• Any flammable or explosive substance including dusts, vapours or gases.
http://www.inbrief.co.uk/employees/electricity-at-work.htm
Example: Tesco use lots of lighting in their store and refrigerator to keep their food cold and fit for human purposes so it doesn’t go off. The staff put right temperature on. Tesco have very high roof of the building for weather effects such as lightening, if there is a tender or lightening outside it will not cause any danger due to tender or lightening not being able to reach the refrigerator to cause electrical explosion.
Example: City College Coventry staff tend to turn off the computer sockets to avoid electrical explosion this is because the wires get hot due to students using it through all day . This can cause severe electrical explosion. To avoid this danger staff and students are accountable to switch the plugs off every time they finish. This will also help to avoid wasting electricity.
Workplace (Health, Safety and Welfare) Regulations 1992
This regulation is concerned with the working environment. They place a duty on employers to make sure that the workplace is safe and suitable for the tasks being carried out there, and that it does not present risks to employees and others.
The regulations cover all aspects of the working environment, including:
• Maintenance of the workplace, equipment, devices and systems
• Ventilation
• Temperature in indoor workplaces
• Lighting
• Cleanliness and waste materials
• Room dimensions and space
• Work stations and seating
• Condition of floors and traffic routes
• Falls or falling objects
• Windows and transparent or translucent doors, gates and walls
• Windows, skylights and ventilators
• Ability to clean windows, etc. safely
• Organisation, etc. of traffic routes
• Doors and gates
• Escalators and moving walkways
• Sanitary conveniences
• Washing facilities
• Drinking water
• Accommodation for clothing
• Facilities for changing clothing
• Facilities for rest and to eat meals.
http://www.healthyworkinglives.com/advice/Legislation-and-policy/Workplace-Health-and-Safety/health-safety-legislation#workplace
Example: Tesco’s responsible to check the workplace is safe and appropriate for the tasks to be carried out without presenting any danger to the employees and others. E:g Drinking water must not contaminate with chemicals.
Example: City College Coventry is accountable for maintenance of the workplace, equipment, devices and systems which are used by students and staff.
Management of Health and Safety at Work Regulations 1999
The Management of Health and Safety at Work Regulations 1999 outline what employers are required to do to manage health and safety under the Health and Safety at Work Act. The regulations apply to every work activity.
Under these regulations, the employer must –
• Assess all significant risks to their employees or to other persons. If there are more than five employees a record of the assessment must be kept. The assessment must also identify preventive or protective measures designed to control the risk
• Take particular account of risks to new and expectant mothers when assessing risks. If they cannot be protected from the risk by other means, they must be given paid leave for as long as necessary to protect the health of their child or themselves
• Assess particular risks for young people, taking into account their inexperience, lack of awareness of potential risks and immaturity. If children under minimum school leaving age are employed, the parents must be given details of the risk assessment and control measures
• Make arrangements for effective planning, organisation, control, maintaining and review of health and safety. Where necessary these arrangements should include health surveillance of workers
• Appoint as many competent persons as are necessary to ensure compliance with health and safety laws. Competent persons must be given sufficient information, training and resources to enable them to do their job
• Devise procedures to deal with situations of serious or imminent danger. They must make sure that access to any dangerous areas is restricted to those workers who have received appropriate training. They must allow workers to stop work and proceed to a place of safety when faced with a serious or imminent danger. Save for exceptional cases, they must prevent workers from returning to work until the danger is over. They must inform workers exposed to serious or imminent danger of the hazards involved and procedures to follow
http://www.hullcc.gov.uk/portal/page?_pageid=221,654246&_dad=portal&_schema=PORTAL
Example: Under the act of management of health and safety Tesco’s employers must assess major risks to the employees or other. The employers must plan how the risk can be prevented and protective methods to control the risks. Making arrangements for successful planning helps to review the risks that could have infected the business. Regular assessing and reviewing of risks helps the employers to know the danger and the ways to control it.
Example: City College Coventry has to fellow this legislation to maintain their business and to avoid risks by assessing and reviewing frequently and to keep their staff and students out of danger.
Display Screen Equipment Regulations 1992
The Health & Safety (Display Screen Equipment) Regulations 1992 (DSE Regulations implement the requirements of the European Directive on minimum health and safety requirements for work with display screen equipment. They were updated and amended in 2002.
• Regulation 1 : Display screen equipment’ means any alphanumeric or graphic display screen, regardless of the display process involved.
• Certain other display screen equipment is specifically excluded from the Regulations
• Display screen equipment contained in drivers cabs or control cabs for vehicles or machinery
• Display screen equipment on board a means of transport
• Display screen equipment intended mainly for public operation
• Portable systems not in prolonged use
• Calculators, cash registers or equipment having a small data or measurement display required for the direct use of the equipment
• Window typewriters (displaying only a few lines of text).
Risk Assessment
Regulation 2 requires employers to carry out a ‘suitable and sufficient analysis’ of all workstations provided for use by users or operators – in other words, a risk assessment. The principal risks to be looked at for DSE work are defined as:
physical (musculoskeletal) problems, visual fatigue, mental stress.
The assessment must be reviewed when matters change.
Identified risks must be reduced to the lowest extent reasonably practicable.
Where users are required by the employer to work at home on DSE, whether or not the workstation is provided in whole or in part, an assessment must be carried out.
Shared workstations
Where users share workstations, such as in shift working areas or where ‘hot desking’ is in operation, the guidance requires the workstation to be analysed and assessed for all of those who use it and are users or operators, as defined.
It is particularly important that equipment, such as chairs, provided to meet the particular needs of a specific user are readily available to that user at whichever workstation they are using.
Minimum requirements
Regulation 3 requires that all DSE workstations must meet the Schedule of Minimum Requirements.
This strengthens the original regulations, which only applied the schedule to those workstations to be used by users or operators.
The schedule covers display screens, keyboards, work desks and chairs and environmental factors such as space, lighting, heat, noise and humidity. It also applies rules to the interface between software and users.
Breaks
Regulation 4 requires employers to ensure that users get periodic breaks or changes of activity away from the display screen equipment.
Ideally, this should be achieved through job design, so that changes of activity and posture occur naturally. Where this is not possible, deliberate breaks must be introduced.
The aim of such changes in routine is to avoid risks of postural fatigue.
Breaks should occur before the onset of fatigue and, if formal breaks, should be short and frequent rather that long, traditional ‘tea-break’ style. It is better for users to be able to take breaks as they feel the need, rather than having a set pattern.
The employer should ensure, through management and supervision, that adequate breaks are being taken.
Eyesight tests and corrective appliances
Regulation 5 concerns the provision of eye and eyesight tests and payment for certain types of corrective appliance (or glasses).
All new users and anyone who was a user at 1 January 1993 are entitled to ask for an eye and eyesight test under this regulation.
This must be provided, by the employer, free of charge, making use of a ‘competent person’. In effect, this means a sight test by a suitably qualified medical practitioner or ophthalmic optician.
Although employers can offer such alternatives as vision screening tests or other methods of indicating need for a full eye test, they cannot prevent a user opting for a full eyesight test instead.
At the first such test, the examining optician should be asked to recommend when a re-test is needed. The user is entitled to this also, free of any charge.
Where the test shows the need for a special corrective appliance, the employer must fund the basic cost. Bi and Varifocal lenses are now included in the definition of special corrective appliances.
Training and Information
Regulation 6 requires the employer to provide all users with adequate training on the workstation – this should include how to arrange the workstation safely and suitably and what to do if the user develops any work-related health problems.
Regulation 7 requires employers to provide information to users and operators on risks identified by the assessment, steps taken to reduce the risks, and, where appropriate, the systems for breaks and for eyesight tests.
http://www.pcs.org.uk/en/resources/health_and_safety/health_and_safety_legal_summaries/display_screen_equipment_regulations.cfm
Example: Tesco has not been upright at following this legislation, LFEPA charged Tesco for the following breaches of the Regulatory Reform (Fire Safety) Order 2005:
• Two counts of failing to keep fire doors shut
• One count of failing to keep emergency exit routes clear
• One count of storing flammable material in a protected stairwell
• One count of obstructing emergency exits
Tesco pleaded guilty to all five charges and was fined £95,000 and ordered to pay costs of £24,000.
http://www.desktoplawyer.co.uk/dtl/index.cfm?event=base:cpage&c=bulletin_jun_2010
Example: City College Coventry use this act whenever it is required.