ACE2159 ICT the Law

1. ACE2159 ICT & the Law Health & Safety Verity Brack

2. 2 Health & Safety in Computing Identifying risk & hazards Employer’s responsibilities Employee’s responsibilities

3. 3 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

4. 4 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

5. 5 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

6. 6 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

7. 7 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

8. 8 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’

9. 9 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

10. 10 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

11. 11 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’

12. 12 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)

13. 13 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

14. 14 Useful information HSE leaflet ‘Working with VDUs’ Display screen equipment risk assessment checklist Computer health and safety checklist London Hazards Centre DSE factsheet

15. 15 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

16. 16 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

17. 17 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

18. 18 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

19. 19 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

20. 20 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