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ACE2159 ICT _ the Law

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ACE2159 ICT _ the Law Powered By Docstoc
					    ACE2159
ICT & the Law
Health & Safety

     Verity Brack
Health & Safety in Computing

Identifying risk & hazards
Employer’s responsibilities
Employee’s responsibilities




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Key legislation

Health & Safety at Work Act 1974
 Workplace (Health, Safety and Welfare)
  Regulations 1992
 Management of Health & Safety at Work
  Regulations 1992
 Health and Safety (Display Screen Equipment)
  Regulations 1992
 Provision and Use of Work Equipment
  Regulations 1992
                                                 3
Key legislation - some examples
 Management of Health and Safety at Work Regulations
  1999
   Modified 1974 act
 Safety Representative and Safety Committee (SSC)
  Regulations 1977
   Legal rights of health and safety rep (trade union)
 Health and Safety (Consultation with Employees)
  Regulations 1996
   Non-trade union reps in workplace
 Control of Substances Hazardous to Health (COSHH)
  Regulations 2002
   Dangerous substances
 Many others – see Health and Safety Executive web site
   http://www.hse.gov.uk/legislation/acts.htm
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Employer’s responsibilities
Duty to protect health, safety & welfare of
 employees
Includes others who might be affected by
 what employer does
Protection from anything that might cause
 harm
Must control risks
Employer must instruct/train/provide
 information for employees
                                               5
Employer’s responsibilities

Must consult employees re health and
 safety issues
May have safety representative
  E.g. University has Safety Services department
May have Code of Practice
  E.g. http://www.shef.ac.uk/safety/codes.html
Trade Union representative can have
 similar role
                                                    6
Employee’s responsibilities

Employees also have legal duties,
 including:
  Taking reasonable care of own health & safety,
   and that of others affected by your actions
  Co-operating with employee on health & safety
  Using work items correctly
  Not interfering or misusing equipment etc
  Employer must ensure you do this, taking
   whatever practicable steps
                                                    7
Health & Safety at Work Act 1974

Basis of British health & safety law
Available from
 http://www.hse.gov.uk/legislation/hswa.pdf
Sets out general duties for both employers
 and employees
Duties qualified by principle of ‘so far as is
 reasonably practicable’

                                                  8
Management of Health & Safety at Work
Regulations 1999
Employees must:
  Carry our risk assessments
  Arrange to implement necessary measures
  Appoint competent people
  Arrange for appropriate information and training




                                                  9
Workplace (Health, Safety & Welfare)
Regulations 1992
 Covers wide range of basic health, safety and
  welfare issues
  Lighting, heating, staff facilities (toilets etc), safe
   passageways, workstation and seating arrangements
   etc.
 Apply to most workplaces (not construction
  sites)
 Implemented EC directives
 Replaced some old and excessively detailed
  legislation
                                                             10
Display Screen Equipment Regulations
1992
Details at:
   http://www.opsi.gov.uk/si/si1992/Uksi_19922792_en_1.htm
For workers who ‘habitually’ use a
 computer screen as significant part of their
 normal work
Employers must:
  Undertake risk assessment of workstation
  Reduce any risks identified
  Ensure DSE user take ‘adequate breaks’

                                                              11
Display Screen Equipment Regulations
1992
Employers must:
  Provide regular eyesight tests
    E.g. http://www.shef.ac.uk/safety/guidance/eyetests2004.pdf
  Provide health and safety information re display
   screen equipment and its use
  Provide adjustable furniture (desk, chair etc)
  Demonstrate that they have adequate
   procedures designed to reduce risks associated
   with DSE, such as RSI (repetitive strain injury)

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Risks

Problems with computer use can be easily
 resolved with right action
Many problems temporary
Most problems completely preventable
Problems usually concerned with
  Vision – eye strain
  Aches and pains – posture, RSI


                                        13
Useful information

HSE leaflet ‘Working with VDUs’
Display screen equipment risk assessment
 checklist
Computer health and safety checklist
London Hazards Centre DSE factsheet




                                        14
Health and Safety Executive

Health and Safety Commission
  Responsible for health and safety regulation in
   Great Britain
  Sponsored by Department of Work and
   Pensions
Health and Safety Executive and local
 government
  enforcing authorities who work in support of the
   Commission
                                                     15
Lessons from H&S Case Law:
Failure to Provide Safety Equipment
 Gerrard -v- Staffordshire Potteries (1995)
    appellant, Gerrard, suffered serious personal injury to her eyes
     and contended that the defendants, her employers, had provided
     her with insufficient protective equipment
 The Law:
    Protection of Eyes Regulations 1974, SI 1974/1681, Sch 1,
     para 27 (Replaced by the Personal Protective Equipment at
     Work Regulations 1992)
    statute requires approved protective eye equipment or shields to
     be used in situations where material is being sprayed by means
     of apparatus to which air is supplied under pressure. The key
     element being that there must be a reasonably foreseeable risk
     of injury to the eyes of any person engaged in the work, from
     particles or fragments thrown off, or from intense light or other
     radiation.
   From: http://www.theiet.org/publicaffairs/health/lawbrief1.cfm

                                                                     16
Lessons from H&S Case Law:
Risk Assessment of Display Screen Equipment
 Alexander and others v Midland Bank plc. (1999)
    group of part-time employees claimed they had suffered Repetitive Strain Injuries
     (RSI) as a result of ergonomically unsound Display Screen Equipment
 The Law:
    Health and Safety (Display Screen Equipment) Regulations
     1992
    Statute was introduced under provisions in the Health and Safety
     at Work Act (1974) to implement European Directive
     90/270/EEC. Regulation 2 provides that it is an employer's duty
     to perform a "suitable and sufficient analysis" of the relevant
     equipment, in the form of a risk assessment. This must be
     carried out by a trained risk-assessor on every new employee,
     and whenever equipment is moved or new equipment
     introduced. It applies to "temps", part-time staff, and home
     workers.
   From: http://www.theiet.org/publicaffairs/health/lawbrief2.cfm


                                                                                    17
Costs of accidents and ill health
 IET Health & Safety Briefing, Nov. 2005
 HSE study of 5 companies
  Cost of accidents can be high
      E.g. 37% of annual profits
  Nearly 10% of recorded accidents potential for serious
   consequences
  Estimated over 30m days lost per year due to workplace
   accidents
  Total cost of work accidents and ill-health £10-15 billion
   p.a. (1.75-2.75% GDP)
 See also HSE website Case Studies section
                                                            18
Employers’ Liability Insurance
 Employers’ Liability (Compulsory Insurance) Act
  1969
 Amended 2004; in force 2005
 Employers required by law to insure against
  liability for injury or accident to employees
  arising from employment
 Employee can seek compensation
 Is compulsory
 Public liability insurance is different
   Covers claims made by members of public not employees
   Is voluntary

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Employers’ Liability Insurance
 HSE enforces regulations
 Employer must:
   Have liability insurance
   Display certificate of insurance or insurance policy
 If no insurance
   Can be fined up to £2500 per day for every day without
    insurance
 If no certificate displayed
   Can be fined up to £1000

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