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Transcript of Legislations Prezi
There is a safety guide to handling people that comes in handy for most employees because it helps suggest the right plan of action. These guides consist of things like:
1.Help encourage independent movement if possible.
2.Plan and assess every possible risk before lifting.
3.Use potential equipment that may be of assistance.
4.Do Not lift from floor because you may cause major harm.
5.Try and avoid repeating the lifts because it can damage the person. Manual Handling Operations Regulations 1992: There must be continual risk assessments every couple of days for the protection of clients and employees. Risks will then be seen more often so that you can prepare for them before you have to improvise and have the person in more danger of harm, when people find the risk it is best to report it and then find a way to dispose of it before it has a chance to cause harm.
Also the managers have to assess their employees to see if they are potentially dangerous or incompetent. This is so that they know that the employee can fulfil the job role without any issues that can potentially cause harm to others or the company.
Managers have to be fully trained and have a qualification in Leadership skills and have a management in Care Services or they must be training towards it. This is very important because they need the proper training so that they can work to the right capacity and can take control of tough situations under pressure.
The people that work their either employee or manager need to contact the Care Quality Commission if any issues arise such as anything that has or can potentially endangers the well being or safety of the residents. Care Home Regulations: This was made in 2003 which is technically just an add on to the Care Standards Act 2000, and this Care Minimum Standards 2003 consists of the laws that ensures service providers have appropriate safeguards and quality assurance arrangements. This act is for the protection for the following:
- Children's Homes
- Fostering Services
- Boarding Schools
- Care Homes for Adults
- Domiciliary Care
- Residential Special Schools
- Care Homes for Older People
The Care Quality Commission (CQC) did regular inspections so that the organisations are upholding the laws and when improvements need to be made the CQC will be able to invoke it and make sure it happens.
There are different requirements for certain types of people in different organisations such as care homes for elderly people age (65+), Care homes for adults aged between (18-65), domiciliary care, nurses’ agencies and adult placement schemes. The reason that these types of people have different rules and regulations is because the fit different types of help needed so the same restrictions can’t apply because it won’t mean anything. Care Minimum Standards: The legal aspects of health and social care such as equality, diversity and rights are in the policies and procedures within organisations. Policies are where the rules and guidelines those professionals have to follow. Procedures are how to carry out those policies. Managers have a responsibility to support and guide professionals in their employment to ensure that they observe equality, diversity and rights and let them know what to say and do within the law. The mandatory part of the employer’s job for policies and procedures is that they must enforce and let the workers know about the health and safety procedures. The employer can also include the following so that the workers don’t cause any issues so they give them the knowledge on safeguarding, reporting accidents, disposal of waste, fire evacuation, security of premises, cleaning and food safety. This act is referred to as the (HASWA) this is a main piece of legislation covering all occupational health and health and safety in the UK. The act includes general duties for contractors, employees and employers also people in control of the work premises and people who manage the use of substances at work. It was made by the health and safety commission and they have enforced harsh deterrents so people won’t think about breaking the law, against this act otherwise they can face criminal sanctions and can extend to an unlimited fine and possible imprisonment depending on how serious the case is, and this can be up to two years. The objective of this enforced act is to protect people at work from different risks that occur due to any activity that can potentially cause harm. The health and safety executive (HSE) is responsible for the regulation, enforcement and encouragement in the workplace. They also research into occupational risks in England, Scotland and Wales. The HSE was made by the Health and Safety at Work Act 1974 to help enforce the law in the three countries. The job of the HSE is to:
•Assist and encourage that are concerned with things that are relevant to the HASAWA 1974 act.
•Help progress research and training in the health and safety field of work.
•To uphold and maintain the laws of the HASWA act and make sure everyone else is following this code.
•Purpose helpful regulations and amendments.
This has stopped lots of accidents in the UK because of the HASWA and we are now one of the lowest accidents at work rates in the world. Since 1950 the number of work related accidents was 15,500 and has gone down each year with little fluctuation which occurred in 1970.
Employers have a responsibility to make sure everyone is protected and safe on their premises and these people are: Employees, Visitors, Service users and workers from other organisations. The way the employers make sure these people are safe is by carrying out risk assessment regularly, also provide a health and safety policy and safety equipment. A good idea for employers is to have high quality insurance which is invaluable to big companies because you never know when something may go wrong and then you are covered. Liability insurance is compulsory and public insurance is recommended to insure more protection. Employees need to do the things to help protect themselves and the companies they work for by taking care of their health and safety and other colleagues, and don’t purposely jeopardise their safety.
Additional measures that can be taken for a precaution so that the company has more protection these consist of manual handling operation regulations 1992, RIDDOR 1995, COSHH 2002, Food Safety Act 1990, Food Safety Regulations 1995, Management of Health and Safety at Work Regulations 1999, Data Protection Act 1998 and Fire Precautions Regulations 1997. Management of Health and Safety at Work Regulations 1999: This is the same as the HASAW act but it just shows what the employees have to do with in the law because they are the most at risk. This act consists of five different rules employees have to abide by for their own protection, the rules are as follows:
•Provide professional training to all members of staff so that there is less chance of accidental issues.
•Appoint competent people so that the act seriously on the job and have a good understanding of what tasks need to be done and they are reliable to uphold those tasks.
•Provide clear instructions, and information this is crucial because it is for the safety of others, because it is important and if not heard correctly or they received the wrong communication then people may be harmed or put in potential danger. •Risk assess this is important because if you know the potential dangers then you can try and avoid them happening or prepare yourselves for if they do.
•Precautions identified by the risk assessment and then used properly to try and change or act on the potential dangers so that they can be avoided. Food Safety Act 1990: This act is to make an obligation to treat food intended for human consumption in a controlled clean environment. The main point of the law is that the food must be of the nature, substance and quality demanded.
This act also empowers health inspectors so that they can make sure that we are eating food that is clean and good for us, the powers that the health inspectors have are to inspect food and potentially take the food off sale because it may be a health risk. They also have the power to tell the owners to make amends and recommend types of improvement and if they are a really bad hazard they can shut them down temporally until they get the technicalities right or they can shut them down permanently if the issue is really bad. The health inspectors also have the ability to prosecute the business so that’s why companies have very strict food laws because the health inspectors cause a major threat. Food Safety Regulations 1995:
These regulations that are made by the Food Safety Act 1990 are there to help prevent food poisoning or cross contamination, which is also very dangerous especially to celiac’s because they can become dangerously ill from eating food with the slightest bit of cross contamination. Ways in which this can be prevented is to have a good personal hygiene, and keep the food areas separate for each type of cooking like raw meats and vegetables. Also keep it very clean so no germs are left lingering. Also a thing to help stop the risk of food poisoning that is also in the rules is to keep the foods stored at the right temperature and also make sure it is cooked through thoroughly. Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995: This act can be referred to as (RIDDOR) and came into action on the 1st April 1996 it is a major law to the Health and Safety Executives concern is that all of the following things must be reported to your local council or HSE:
•Incidents leading to three days off work
RIDDOR needs responsible people that are generally employers but can also include various managers and occupiers of premises. This needs to be reported because the HSE or local council has to be informed so that they can keep records of the issues; they need to know where because they can see if they can avoid the recurrence of the problem from happening. They also need to know why so that they can get an understanding and can decide the next plan of action, and they need to know how so that in the future they may possible give themselves equipment so there is less chance of it happening. When the HSE or local council has this required information they will be then able to assess the situation and know the best form of action to be carried out, and this may be getting specialized equipment for precautionary measures. Control of Substances Hazardous to Health 2002: This law is there to help protect people from the harmful health effects of substances used in the work area. And it also requests that all employers do risk assessments and take precautionary measures to deal with issues so that their employees are safe.
Control of Substances Hazardous to Health 2002 or (COSHH) has eight rules to follow for everyone’s safety these rules are:
•Design and operate all processes and activities to minimise emission releases and the spread of substances hazardous to health.
•Take into account all relevant routes of exposure including: - inhalation, skin absorption and ingestion when developing control measures.
•Control exposures by measures proportionate to the health risk.
•Choose the most effective and reliable control options which minimise the escape and spread of substances hazardous to health.
•Where adequate control of exposure cannot be achieved by other means, provide, in combination with other control measures, suitable personal protective equipment.
•Check and review regularly all elements of control measures for their continuing effectiveness.
•Inform and train all employees on the hazards and risks from the substances with which they work and the use of control measures developed to minimise the risks.
•Ensure that the introduction of control measures does not increase the overall risk to health and safety. Civil Contingencies Act 2004: This act is very strict and it establishes a rational plan for emergency planning and response ranging from a local to national level. The act has three parts which are:
1.Local Arrangements for Civil Protection – This defines the obligations that certain types of organisations have to prepare for certain emergencies.
2.Emergency Powers – This gives added powers to the government to use in an event of a large scale emergency.
3.Detailed law – This provides supplementary legislation in support for the first two parts of the act.
Part one is to assess the risk of the plan and exercise for emergencies to see and assess what can go wrong when we need to react quickly and in a state of panic. There is also a duty that people called Responders have to do which is to warn the general public about the situation, also this part of the act says that there has to be all people work together so the power companies will have to help us and things like that.
The second part of this act is that it provides a temporary emergence regulations, this is limited to twenty one days unless the government votes to change this time.
Every emergency company has an emergency planning officer which is there to see if the organisation is doing what the law says and sharing the information with the other organisations. The emergency planning officers often check to see if the business is complying with these rules by having regular exercises and practice drills. Safeguarding: This is protecting people’s health, human rights and their welfare, which should help enable them to live happy and free of harm or danger.
The Independent Safeguarding Authority (ISA) was made in 2007 by the labour party. The ISA made a vetting and barring scheme that is a Criminal records bureau check (CRB) which is needed for employment in some company’s like the NHS so that they can see if you are or have been convicted of anything illegal and could cause a potential danger to the organisation.
They amended the Protection of Vulnerable Adults Act 2009 and the definition of a valuable adult is, someone over the age of eighteen with either a mental or physical disability that cannot look after themselves or unable to protect themselves from harm or exploitation. The aim of this law is to provide vulnerable adults with suitable safety and protection. Also allowing all staff and volunteers to make informed and confident decisions to specific issues on the protection of vulnerable adults. Data Protection Act 1998: This act covers the way information about living recognizable people are used and protected. Every organisation must uphold and apply this act if they hold personal data; this is a major priority in the health care sector and its important they don’t abuse it because if they treat other people differently because of what they find out it is discrimination and professionals are taught not to judge. The information must only be kept if it is relevant and current at the present time, and mustn’t be stored longer than needed. The children’s records must be kept for up to twenty five years of age, and when people die the records are kept for eight years. This is an important law because it holds peoples valuable personal information so it must be completely protected against any unauthorised access or destruction. Codes of Practice: These codes of practice are to support professionals on their roles, rights and responsibilities also providing guidance through life experience. It also sets out the conditions a registered provider will be evaluated by the Care Quality Commission. It also offers guidance on how the worker can meet the registration requirement linking to healthcare associated infections set out in the regulations. They also help people using the services that health and social care provide to understand what to expect, in the way of behaviour and support from staff. Lots of organisations have charters that inform staff and those using the service about what they can expect. The Care Quality Commission will use the relevant charters as a starting point when they review an organisation.