Piece of Legislation
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1.1 Summarise key aspects of legislation, regulatory requirement and codes of practice relating to your own role and responsibly.
I work within the leisure Industry for a large UK health care provider; I am employed as a General Manager and responsible for the management of sixty five staff members which includes their on-going training provision. The site I manage offers a variety of sporting and social activities to local business and residents in the west end of London. My staff compliment is made up of Lifeguards, Receptionists, Fitness instructors, Back office staff, Sales team, Cleaners, Therapists and senior management team. Part of my responsibility is to organise and deliver training on a variety of subjects. All training I am expected to deliver is based on core competencies and is classroom based and no lasting more than four hours. I also provide initial induction training for all new starters and up-skilling for senior manager from other sites and divisions.
Under the Health and Safety (Enforcing Authority) Regulations 1998, the local authority is generally the enforcing authority for leisure activities. However, where the local authority owns, occupies or controls activities or equipment – such as local authority swimming pools or leisure centres – the enforcing authority is HSE.
One aspect of my role is to ensure that staff is adequately trained in the provision and management of chemicals within the swimming pool. Chemicals used in swimming pools come under the Control of Substances Hazardous to Health Regulations 2002 (as amended) (COSHH). As a pool operator, I am expected to carry out COSHH training and risk assessments to protect staff members, contractors, visitors and bathers against health risks from any hazardous substances used on the premises.
After staff members have been trained, assessed and certified, I then decide what precautions are necessary to prevent or control exposure in line with company procedure. I am as a matter of law and procedure required to maintain detailed records, monitor and retain records to ensure the correct management of any chemical used within the facility, it is also my responsibility to ensure that employees are properly informed of any procedural change that may occur, retrained personal training records on COSHH and supervise any new employees through their probationary period.
Another piece of legislation I must adhere to is that of Health and Safety at Work Act of 1974. This piece of legislation also referred to as HASAW or HSW, is the primary piece of legislation that covers occupational health and safety within the United Kingdom. The Health and Safety Executive is primarily responsible for enforcing the Act and a number of other Acts and Statutory Instruments relevant to the working environment. The act basically states that the employer has an overriding responsibility to ensure that reasonable steps are taken to ensure the safety of its users, visitors and employees, with this in mind I must ensure that all staff members are well versed in the act and trained appropriately so that everyone it kept safe. Again I am expected to organise (often delivering the training) appropriate workshops, maintaining training recording and implementing procedures that support the Health and Safety at Work Act to ensure we are compliant.
The Disability Discrimination Act 1995, is one that is prominent as we provide extensive facilities and activities to the disabled. This Act prohibits any form of discrimination against disabled people in a range of circumstances; it covers employment and occupation, education, transport, and the provision of goods, facilities, services, premises and the exercise of public functions. It only applies to those people who are defined as disabled in accordance with section 1of the Act, and the associated schedules and Regulations made there under, will be entitled to the protection that the Act provides. It is my responsibility to ensure that all employees are trained and have an appreciation for this sector of society.
Data Protection Act since 1984
Because we are like many other businesses that keep personal details for both employees and members we are bound by the The Data Protection Act of 1984. The purpose of the Data Protection Acts is to protect people from having information about themselves abused. In other words, in spite of its name it is intended to protect individuals rather than data. It does this by imposing restrictions on what those holding personal information may do with it and to whom they may pass it on to.
The 1998 Act which becomes law from 1st March 2000 extends the 1984 Act to bring it into line with the European Directives on the subject and thus to harmonise the Data Protection environment in the European Union. This like all other Acts is one we take seriously as this can have a devastation impact on peoples lives if not vigilantly managed.
1.2 Analyse your own responsibilities for promoting equality and diversity
The first step in promote equality and diversity in my current role was to appraise myself of the companys equality and diversity policy which was made available to me as part of my induction when I joined the company. I am then expected to cascade this information down to my staff members in the form of workshops, training sessions and continual monitoring.
Another way I ensure equality and diversity is by carrying out pay review to see if there are any imbalances to assure the organisation is not discriminating.
As a General Manager I would be held responsible for any discriminatory action by my employees if I cannot show that I have taken responsible steps to try and prevent such action occurring. One of the principle ways I the ensure equality and diversity policy is being adhered by the entire team to is by holding training that set out the companys commitment to promote equality and diversity in areas such as recruitment, training and pay. This helps employees to understand what is expected of them, for example how to appropriately treat fellow colleagues and clients with dignity and respect.
Recruitment
On rare occasions monitoring reveals an imbalances in staff representation for example race or sex the option of imposing positive action to encourage members of under-represented groups are