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Good Practice for Talking Newspapers

Introduction
1. Management
2. Infrastructure
3. Editorial
4. Presentation
5. Reading
6. Recording
7. Copying
8. Packing and Posting
9. Returns
10. Reactions
11. Repairs
12. Health, Safety and Electricity
13. Public Relations
14. Finance
15. Development

12. Health, Safety and Electricity

The Health and Safety at Work Act and the Electricity at Work Regulations do not apply to Talking Newspapers (or any registered charity) run by volunteer groups. However, organisations are bound by a duty of care under Common Law.

The questions....
1. How does the Health and Safety at Work Act affect:-
a. TNs which record in volunteers' houses?
b. TNs which operate from their own premises?
c. TNs which operate from rented premises?

2. As the Electricity at Work Regulations come under the Health and Safety at Work Act, how do the regulations affect the situations given in question 1 above?

3. TNs may be worried that they are responsible for the safe condition (electrically) of cassette machines loaned to listeners such that the machines should be tested at regular intervals. For example, the situation could arise that a TN issues a machine which has been checked as being electrically safe, and a few weeks later the listener drops it and exposes live parts:

a. Would a TN be responsible under the Health and Safety at Work Act and subsequently the Electricity at Work regulations?
b. If not, how is a TN responsible, if at all?

The answers.....
The following is the opinion received (in 1995) from a Health and Safety Inspector for a London Borough:-

Unpaid volunteers are not "employees" under the terms of the Health and Safety at Work Act 1974. An "employee" is someone who works under a contract of employment. A contract of employment can be verbal or in writing, but applies only if someone is doing work, and to do work under the provisions of the Health and Safety Act you have to be an employee, or a self employed person.

The Electricity at Work Regulations 1989 apply to employers, self employed and employees. Again, if the TNs do not fall into any of these categories, the Regulations do not apply.

If there is an employer somewhere along the line, then he/she will have the usual health and safety responsibilities. For example, if an employer makes available equipment which is unsafe, then he/she would be liable even though the equipment had never been used. An example would be the supply of an electrically unsafe cassette machine straight out of the packaging.

The best way of dealing with this matter is to forget the "criminal law" aspects which are complicated and not at all easy to answer. Each case would have to be debated and considered at length, and much more information would have to be given before a judgement could be given. Instead, it should be stressed that everyone involved with talking newspapers has a duty of care, both civilly and morally. Accordingly, volunteers should use common sense at all times, and (in respect of question 3), should be given some degree of training in order to spot defective equipment before it is supplied to listeners.

Summing up 1
Question 1 - If there is no-one at work, then the Health and Safety at Work Act does not apply.

Question 2 - The Electricity at Work Regulations apply only to employers, self-employed and employees.

Question 3 - TNs need not worry about criminal law health and safety responsibilities if they are definitely NOT employers, but there is a moral and civil duty of care. The feeling is that a TN would never be prosecuted by a health and safety enforcing Authority UNLESS they were employers, in which case they could be taken to court for failing to take reasonable care for the health and safety of themselves, or of other persons who may be affected by their acts or omissions at work.

Summing up 2
1. There is no responsibility under criminal law so long as TNs do not employ people.

2. Civil liability should be protected by Public Liability Insurance. (Although £2 million pounds has been suggested, the opinion of TNAUK's insurance advisers in 1995, is that this would only be in extreme cases and that the £1 million cover through TNAUK's blanket insurance policy for TNs is adequate under normal circumstances). Volunteers should be indemnified against their liability arising out of any TN activities.

3. If a TN wishes to go further by undertaking checks of machines loaned to listeners on a regular basis, then that is up to the TN. There is no legal requirement.

Plugs, leads and portable equipment
Some regular testing of wiring and equipment should be considered by TNs. For example, if your TN uses equipment which is moved from place to place, then a check of mains leads, particularly any extension leads, say, every three months, would be advisable.

It is surprising how plugs get knocked and cracked and cables get pulled where they go into plugs. In this respect, it pays to buy good quality plugs. The MK range have very good cord clamps and are made from hard durable plastic. Rubber plugs stand up to a great deal of wear and tear, but the cable clamps are not always that good. You can buy made up leads which have moulded plugs - in which case there is no problem. If your TN has a permanent studio, then it is worth checking mains and extension leads, (say) every year.

Fuse ratings
It is also worth while to look at fuse ratings at the same time. A 3 amp fuse will protect the average cassette machine while 5 amp fuses would cover most reel to reel machines. Fuse ratings for copiers vary depending on how they are powered (i.e. each unit powered separately or daisy-chained from the previous unit). A look in the manual or at the technical information plate (if there is one) on the equipment should give the correct fuse rating.

Wear and tear
Recording and copying equipment which gets moved around should be examined from time to time to ensure that there are no fractures to the outside casing which could cause live wiring to be accessible.

With permanent studios, the risk is very small in this area. Unless a piece of equipment has been taken apart for some reason, there should be no problems.

Probably the machines which get the most wear and tear in any TN are the high-speed copiers, although in this case the wear and tear is not caused by the copiers being moved around. On the other hand, copiers are the only units which are (usually) regularly maintained. Most suppliers who also service copiers carry out an electrical test on copiers sent to them for overhaul.

Machines issued to listeners
The issuing of cassette machines to listeners should be undertaken very carefully. It is worth checking ALL machines, whether new and straight out of the packing, and particularly any which have been returned from listeners and put back into stock.

The wiring of the plug should be checked carefully and, particularly, that the cable is held firmly in the cable clamp. If the leads have moulded plugs then there is no problem.

TNAUK Registered charity number: 293656