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Regulatory Requirements and Assessment in Training

Assessors must be up to date with regulatory requirements, this includes Health and Safety at work, The Equality Act, The Data protection Act, Copyright, Designs and patents Act and the Children Act. These regulations affect you as an employee and also the learner in the workplace.

Introduction

Health and Safety at Work Act 1974

Health and Safety

The act requires:

  • That all staff are adequately trained to ensure that the health and safety requirements are adhered to.
  • There is provision for the welfare of staff in the workplace
  • A safe working environment that is properly maintained and where operations within it are conducted safely
  • Suitable provision of relevant information, instruction and supervision

The above applies to temps, casual workers, self employed. clients, visitors and the general public within the workplace. When assessing this act must be observed at all times for learners, as well as the assessor's safety.

The Equality Act 2010

The Equality Act

This act consolidated much of the pre-existing equality and discrimination legislation in England and Wales to protects people from discrimination in the workplace and in wider society.

It is important as an assessor to avoid discrimination. Flexibility, and avoiding assumptions about learner stereotypes is a key factor when planning and delivering a qualification to meet the needs of the wide variety of learners e.g. preventing disadvantage to disabled students

Data protection Act 2018

The Data Protection Act

Everyone responsible for using personal data has to follow strict rules called ‘data protection principles’. They must make sure the information is:

  • used fairly, lawfully and transparently
  • used for specified, explicit purposes
  • used in a way that is adequate, relevant and limited to only what is necessary
  • accurate and, where necessary, kept up to date
  • kept for no longer than is necessary
  • handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage

It is important that students understand that their data can be shared under specific circumstances following an assessment i.e. with an awarding body, this should be covered in a Privacy Policy.

Copyright, Designs and Patent Act 1988

Copyright, Designs and Patents Act

The law was passed to give the creators of literacy, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used.

An assessor should be aware what material they use to help students and should be mindful of students using copyrighted material. The assessor should be alive to plagiarism when assessing work submitted by students and help them understand the importance of attributing material used in their assignments and work.

The Children Act 2004

The Children Act

The law was designed to for the care and support of children and the Children and Young Person Act 2008 was to ensure that children in care in England and Wales receive care that is well supported, of high quality and tailored to their needs.

An assessor should be aware of their organisations Safeguarding policies and procedures in relation to children,young people and vulnerable adults. In doing so they should ensure that their learning is safe and enjoyable. An assessor should be trained in safeguarding and able act to protect them, with referrals to other agencies if necessary. It is important and children and other vulnerable people are listened to and can safely contribute in a learning environment.

Summary

This presentation has covered the main regulations and requirements within my organisation/area of practice. It demonstrates the importance of understanding why and how they are applicable to all trainers/assessors and for them to understand how it may affect their practice and impact upon their students if not adhered to. In some cases organisations and individuals may be at risk from the criminal or civil courts or an investigation by a regulator if these very important regulatory requirements and not complied with.

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