Higher
Administration
Administrative Services
Outcome 1.3
Organisational and Legal
Requirements
Legislation
You need to know about the following:
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Health and Safety at Work Act (and others)
Data Protection Act
Computer Misuse Act
Freedom of Information Act
Copyright, Designs and Patents Act
General Health and Safety

The work environment must meet minimum standards
in terms of heat/light/first aid provision.

Employers have a responsibility for carrying out
regular risk assessments of activities

Employees must take reasonable care of themselves
and others

Employees have a responsibility to take all
reasonable care in the use of equipment, reporting
hazards, wearing protective clothing, reporting
hazards and accidents
Health and Safety Responsibilities
 Both
employers and employees have
responsibilities
 The
main piece of legislation is the Health
and Safety at Work Act (1974) - it covers
minimum standards that have to be met –
HASAWA

This is an ‘umbrella’ act containing a number of other acts, covering
specific areas of H&S
Employee’s Duties

Take reasonable care of their own health and safety and
that of others

Cooperating with the employer on health and safety

Correctly using work items provided by the employer,
including personal protective equipment, in accordance
with training or instructions

Not interfering with or misusing anything provided for health,
safety or welfare.
Employer’s Duties

Making the workplace safe and without risks to health for everyone
including regular maintenance of equipment

Establish safe methods of working and carry out regular risk assessments

Ensuring ‘articles’ and substances are moved, stored and used safely

Providing adequate welfare facilities eg toilet facilities

Give the information, instruction, training and supervision necessary for
employee health and safety. (including induction training)

If there are 5 or more employees - a health and safety policy statement
is required
Internet Research

Visit the Health and Safety Executive.

This website has lots of very useful information
and is an excellent way of keeping up to
date with the changes in legislation.

Follow the links to find out what procedures
need to be followed to report an incident at
work. What does RIDDOR stand for? Also
follow the link to find out what your rights and
responsibilities as a worker are. Produce a
display to communicate your findings
Other HASAWA Legislation

Reporting of Injuries, Diseases and Dangerous Occurrences
Regulations (RIDDOR) 1995

Health and Safety (Display Screen Equipment) Regulations 1992

Control of Substances Hazardous to Health (COSHH) 2002

In addition in 1993 six European Health and Safety directives
were enforced in the UK – the six-pack
Research these pieces of legislation and produce a short
paragraph on each – covering some of the main points
Informing Employees
of their Duties and Responsibilities
A
written Health and Safety policy must
be provided to all staff ( >5 employees)

HASAWA only provides minimum requirements!
Informing Employees
of their Duties and Responsibilities
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Employees
must be aware of
and comply with
all instructions
Induction training
Ongoing training eg new equipment installed
Company Intranet
Noticeboards/Posters eg fire procedures, caution signs
Demonstrations eg first aid, evacuation simulation
Staff Development Training
Organisational Handbook
Staff Meeting
Health and Safety Representative
DVDs, Videos, LCD Screens
Quizzes on a VLE
The Health and Safety Executive
including local Environmental Health Departments

Enter and inspect premises – sometimes
unannounced.

Issue improvement notices and provide advice.

Question and interview people and give warnings.

Shut down premises.

Fine or prosecute when necessary.
Star Wars prosecuted
over Harrison Ford injury

The production company behind Star Wars: The Force Awakens is
being prosecuted over the incident in which Harrison Ford broke
his leg.

The actor was struck by a hydraulic metal door on the Pinewood
set of the Millennium Falcon in June 2014.

The Health And Safety Executive has brought four criminal charges
against Foodles Production (UK) Ltd - a subsidiary of Disney.

A spokesperson added: "By law, employers must take reasonable
steps to protect workers - this is as true on a film set as a factory
floor.“

BBC News Article
Industrial Tribunals
 Employees
can take an organisation to
an Industrial Tribunal if they believe the
organisation has breached the legislation
designed to protect them eg
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Non-provision of safety equipment
Failure to remedy a hazard – injury
occurred
Disciplinary Procedures (Employees)
Depending on the seriousness of the breach of Health
and Safety Legislation:
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A verbal warning
A written warning
Suspension
Fine
Dismissal
Criminal or civil prosecution
Apart from this, the employee may harm themselves
or others
The organisation may be found guilty of failing to
support or train staff.
Further Consequences (Employer)
 Unwanted
media attention
 Company reputation damaged
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Loss of new customers/sales/profits
Existing customers switch to rival
Difficult to attract high quality candidates in
the recruitment process
 Legal

action (costly) -
Fines/sanctions/compensation payments
 May
be forced to close down business
Further Consequences (Employee)
 Employment
terminated
 Poor job reference

Lack of income – financial hardship
 Demoted
 May
harm customer indirectly by misusing
information – stress/guilt/demotivation
Health and Safety (Display Screen
Equipment) Regulations 1992
If you had written this
legislation what would you
include?
Health & Safety (Display Screen
Equipment) Regulations 1992

Some of the potential risks include:

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Eye strain
Back pain/ache
Repetitive Strain Injury (RSI)
Headaches

Ensure that workstations meet minimum requirements
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Provide users with training to avoid health problems

Organise the daily work of VDU users so that there are regular rest
breaks or changes of activity

Arrange and pay for regular eyesight tests for VDU users – the
employer is required to pay for any spectacles or lenses which are
required as a result of VDU use at work. (Note: eye tests are free in
Scotland now)
Fire Precautions (Places of Work)
Regulations 1995
If you had written this
legislation what would you
include?
Fire Precautions (Places of Work)
Regulations 1995
Under this legislation employers should:
 Assess fire risks in the workplace
 Check fire detection time and warning system
 Check evacuation routes
 Provide reasonable fire fighting equipment
 Check employee knowledge of fire
procedures
 Check and maintain fire safety equipment
Health and Safety (First Aid)
Regulations 1981
If you had written this
legislation what would you
include?
Health and Safety (First Aid)
Regulations 1981
Under this legislation employers should:
 Provide a suitably stocked first-aid box
 A first-aider should be appointed

One for every 50-100 employees
 Employees
informed about first aid
arrangements
24
Data Protection Act 1998

obtain and process information fairly and lawfully

register the purposes for which they hold it

not disclose the information in any way that is different from those
purposes

only hold information that is adequate, relevant and not excessive for the
purposes they require

only hold accurate information and keep it up-to-date where necessary

not hold the information for longer than necessary

give individuals copies of the information held about themselves if they
request it – amending/erasing as necessary

keep information safe
Data Protection Act 1998
KEY POINT OF LAW
obtain data fairly and lawfully
IN PRACTICE
 people must be told what use
will be made of the
information they supply about
themselves
data must be adequate, relevant  when designing forms to
and not excessive for its purpose
collect data, make sure only
key questions are asked
data must be accurate and,
 ensure that there are
where necessary, kept up-to-date
procedures in place to check,
up-date or destroy inaccurate
information
data must be held for no longer  data should be destroyed as
than is necessary
soon as its purpose has been
served eg credit card details
Internet Research
 Using
your research skills find some
examples of how the Data Protection Act
has been breached in recent years.
 Ask
to see notes showing examples of
how the Data Protection Act is applied
with a college application form
27
Computer Misuse Act 1990

accessing computer material without permission
e.g. looking at someone else's files

accessing computer material without permission
with intent to commit further criminal offences e.g.
hacking into the bank's computer and increasing
the amount in your account

altering computer material without permission e.g.
writing a virus to destroy someone else's data

writing a virus or deliberately spreading one is
illegal.
Computer Misuse Act 1990
KEY POINT OF LAW
unauthorised access of
computerised material
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unauthorised access with the
intent to commit or help further
offences
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unauthorised changes to
contents of any computer
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IN PRACTICE
do not access material you
have no right to access
do not give your password to
any other person
do not explore areas where
you are not an authorised user
only supply information to
authorised members of staff
do not supply information
held at work to friends or
members of the public
changes to data must be
authorised
data must be real
only enter data you have
been instructed to enter
Internet Research
 Using
your research skills find some
examples of how the Computer Misuse
Act has been breached in recent years.
30
Copyright, Designs and Patents Act 1988

It gives the creators of literary, dramatic, musical and artistic
works the right to control the ways in which their material may be
used.
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The rights cover: broadcast and public performance, copying,
adapting, issuing, renting and lending copies to the public. In
many cases, the creator will also have the right to be identified
as the author and to object to distortions of his work.

Copyright arises when an individual or organisation creates a
work, and applies to a work if it is regarded as original, and
exhibits a degree of labour, skill or judgement.
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If a work is produced as part of employment then normally the
work belongs to the person/company who hired the individual.

Only the owner, or his exclusive licensee can bring proceedings
in the courts against an infringement.
Copyright, Designs and Patents Act 1988
KEY POINT OF LAW
IN PRACTICE
books, songs, films belong to the  if copyright, do not copy text
author/composer/artist
unless you have permission
to do so
 display copyright summaries
at each photocopier
 display copies of licence
agreements
IT – pirating of copyright ensure all software on the
protected software; copying of
premises is licensed
pirated software into the memory  do not allow employees to
of a computer
copy software
if suspicious, owners can apply
 ensure employees only use
to court for the right to search
software bought by the
premises for pirated software
company
 display a summary of the key
points of copyright
legislation
Internet Research
 Using
your research skills look at some
Myths and Misconceptions surrounding
the Copyright, Designs and Patents Act.
 Myths
and Misconceptions
Freedom of Information Act 2002

The Freedom of Information Act
came into force on 1st January 2005.

It gives you the right to ask any
public body for all the information
they have on any subject you
choose.

Unless there’s a good reason, they
have to give it you within a month.
You can also ask for all the personal
information they hold on you.
Internet Research
 Using
your research skills find some
examples of what has been found as a
result of the Freedom of Information Act.
 BBC
News Article – 10 things
Security and “Health and Safety”
Staff entry and movement
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Intercom/security doors
Identification passes worn – swipe entry
Careful handling and issue of keys
Security and “Health and Safety”
Visitors
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Report to reception and sign-in
Reception at front door
Visitor passes issued and worn
Not left unsupervised
All visitors to leave and passes returned
Security and “Personal Data”
Information Technology
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Use of passwords
Read-only files
Virus-screening software
locked rooms, filing cabinets and
computers
Confidential documents - shredded
Security and “Personal Data”
General Security Measures
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Specialist security firms
The use (and monitoring) of CCTV
Register of serial numbers (asset register)
Ultraviolet markers
Extended
Response
Questions
Higher
Administration
Administrative Services
Outcome 1.3