ACOUSTIC NEUROMA AND LINKS TO NOISE EXPOSURE
Recent released research findings now suggest a link between exposure to noise over long periods, and the development of acoustic neuroma - a particular form of tumour within the ear. The research suggests exposure to levels as low as 80 dB(A) may trigger tumour development in some people. This is a fairly rare form of tumour with a number of known causal factors, exposure to noise being a recently discovered one.
Further information is available about acoustic neuroma from the CANCERBACUP website at http://www.cancerbacup.org.uk/Cancertype/Brain/Typesofbraintumour/AcousticNeuroma
NEW HSE ANOUNCEMENT SERVICE FOR REGULATION IMPLEMENTATION
The HSE has announced that in future domestic changes to health and safety law will be implemented on just two days of the year - 6 April and 1 October, making it easier to chart and plan for businesses to make necessary changes. The only exceptions are likely to be regulations emanating from Europe which give no leeway for them to fit into the new 'Common Commencement Dates'. This announcement is in line with the DTI's policy on employment law changes which are also implemented on those two dates.
MOBILE TELEPHONES AND CARS
On 27th October 2003 the new Regulations which make it an offence to use certain types of equipment in a moving vehicle were laid before Parliament. The Road Vehicles (Construction and Use) (Amendment) (No4) Regulations 2003 (SI 2003 No2695) come into full effect 1st December 2003. The following explanation of the Regulations is intended to help present understanding. It does not represent any legal interpretation, which can only be provided by the Courts, nor does it represent any official guidance which may be published to support the Regulations. The Otter Consultancy cannot be held responsible for any offence, costs or losses suffered by any individual or business as a result of incorrect interpretation.
To download or print a copy of the new Regulations - click here Please also refer to notes on the HMSO website regarding copyright and use of downloaded Statutory Instruments.The Department for Transport have now produced additional guidance relating to use of hand-held phones in cars. This can be found at: http://www.dft.gov.uk/ or they have been copied onto one of our pages, click here
A further link for DFT information is the Think Road Safety campaign at: http://www.thinkroadsafety.gov.uk/mobile/index.htm
From the 1st December 2003 it will be an offence for a driver of a vehicle (including goods and passenger service vehicles) to use a hand-held telephone or other specified device whilst a vehicle is being driven. The vehicle does not have to be moving at the time. A hand-held telephone means one which has to be held at some point during the course of making or receiving a call or performing any other interactive communication function (eg Texting). Other devices means any which performs an interactive communication function by transmitting and receiving data. This latter definition is interesting as the device has to transmit AND receive which means that use of a hand-held GPS navigation system would not be included as it does not transmit. The use of a two-way radio is specifically excluded from the Regulations but only if it operates on the appropriate frequencies as set out in the Regulations.
It is also an offence for any person supervising a driver of a vehicle who only holds a provisional licence to use a hand held phone or device. This means that when accompanying a 'learner' driver the qualified driver cannot use a hand-held phone or device.
It is permitted to use a hand-held telephone or device to call the emergency services IF he is acting in response to a genuine emergency AND it is unsafe to stop to make the call. So a famous footballer being chased by a potential kidnapper would be ok to use the phone! Otherwise you must stop before making the call.
FOR EMPLOYERS - There is an offence which is to cause or permit a person driving a vehicle to use a hand-held telephone etc. The implication is that should an employee receive a call whilst driving, and it is business related, and no provision has been made to do so hands-free, then the employer can be prosecuted, as well as the driver. Similarly, if an employer requires employees to conduct telephone calls whilst driving due to time constraints, pressure of work etc. then the employer may be subject to prosecution under the Regulations.
After a long wait to discover the possible meaning of hands-free, the definition of 'hand-held' has been given. This does suggest that a corded headset is acceptable provided the phone does not need to be held - therefore fitted into a cradle to allow single finger on/off. Bluetooth headsets, full car kits etc would fit into the required descrip[tion of 'hands-free'.
Penalties are to be set as a Fixed Penalty Notice at the discretion of the Police Officer or a summary hearing in the Magistrates Court. The former attracts a penalty of £30, the latter a fine of up to £1000(maximum of £2,500 for drivers of goods vehicles or buses/coaches).
There is a plan to increase the penalty for the new offence by making it subject to 3 penalty points and a £60 fixed penalty. Primary legislation will be needed for this when a suitable opportunity arises to amend Schedule 2 of the Road Traffic Offenders Act 1988. There is no timetable for that yet. Remember, in some circumstances, for example if there has been an accident, a prosecution for careless or dangerous driving may be justified if a phone was in use at the time of the crash. The penalties on conviction for such offences include heavy fines, endorsement, disqualification and, in serious cases, imprisonment.
HIGHWAY CODE - view the current version on-line at www.highwaycode.gov.uk/
A CAUTIONARY NOTE - It is important to remember that the police have the ability to prosecute an offence of driving without due care, or dangerous driving, if they believe that use of any type of telephone or other item has so affected the driving of the user. Use of a hands-free telephone is not a guarantee of absence of prosecution and all current advice is that no telephone calls should be made or received whilst the vehicle is moving. Calls should, whenever possible, be made parked in a safe position, even when hands-free or full car kits are installed.
DTI GUIDANCE ON TELEWORKING
The DTI have recently published the most comprehensive guidance to date regarding teleworking - employees working part or full-time at their own home or premises, rather than at the employers premises.
The guidance includes sections on:
- scope
- voluntary character
- employment conditions
- data protection
- privacy
- equipment
- health and safety
- organisation of work
- training
- taxation
- collective rights issues
- further information
Teleworking is a fast growing part of our work life in the UK and has little direct regulation, there is no legal definition of teleworking for example. This guidance is useful for employers and employees alike and provides a basic framework for satisfactory organisation of such work. It can be found at the DTI website. A direct link does not work but at the page in the link, go to HOT TOPICS and a PDF file on telework can be found: www.dti.gov.uk/er/
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