L02 - legislation

Question 1

What are the 10 pieces of legislation?

Answer 1

Health and Safety at Work Act 1974
Management of Health and Safety at Work Regulations 1999
Food Safety Act 1990
Food Safety Regulations 1995
Manual Handling Operations Regulations 1992
RIDDOR 2013
Data Protection Act 2018 (update 2020)
COSHH 2002
Civil Contingences Act 2004
The Health and Social Care Act 2015

Question 2

Health and Safety at Work Act 1974

Answer 2

The basis for other health and safety regulations and guidelines.
Established the HSE.
Established key duties for employees and employers.

Question 3

Management of Health and Saftey at Work Regulations 1999

Answer 3

Employers must carry out and implement the findings of risk assessments of their employees.
Employers must appoint someone who is reponsible for looking after staff wellbeing and procedures must be created for emergency situations.
Employers must train their staff.

Question 4

Food Safety Act 1990

Answer 4

Good personal hygiene must be maintained when working with food.
Records must be kept about where the food has come from.
Unsafe food must be removed and an incident report completed.
Food must be kept safely, handled, stored prepared and delivered in a way that meets the needs of the act.

Question 5

Food Safety Regulations 1995

Answer 5

Food safety hadards must be identified.
Food safety controls must be put in place - including training staff.
Food prep areas must be kept clean and in good condition.
Raw meat and ready to eat products must be prepared on separate chopping boards to prevent cross contamination.

Question 6

Manual Handling Operations Regulations 1992

Answer 6

Employers must actively avoid hazardous manual handling tasks wherever possible.
Employers must reduce or eliminate the risks associated with manual handling.
Employers must provide training, information and supervision for manual handling.
Staff must be trained to use any equipment needed in their job e.g. a hoist.
The training must include a practical element so that the trainer can correct any issues.

Question 7

RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurances Regulations) 2013

Answer 7

Employers must track and keep records of incidents and near misses for at least 3 years, e.g. causes of serious injuries or exposure to asbestos.
Workplaces should have an accident book (including date, time, location, details of person, the injury and a summary).
Work places must have procedures in place for the reporting of issues.
Staff must be trained on how to report injuries, diseases and incidents.

Question 8

Data Protection Act 2018 (2020 update to GDPR)

Answer 8

GDPR - General Data Protection Regulation
Most personal data is subject to UK GDPR.
Protects the security of personal information.
Information must be kept accurate and up-to-date.
Information must be kept securely (locked filing cabinet/password protected computer).
People have the right to access their own data.

Question 9

COSHH (Control of Substances Hazadous to Health) 2002

Answer 9

Employers must risk assess to prevent or restrict access to dangerous chemicals.
Dangerous substances must be clearly labelled and stored in a safe way.
A COSHH file must be kept listing all the substances, where they are kept, what label is on the container, effects of the substance, how long you can be exposed to them, what to do in an emergency.
Employers must have procedures in place in case things go wrong.
Staff must be trained.

Question 10

Civil Contingences Act 2004

Answer 10

Providers must work together to plan and respond to local and national emergencies e.g. a fire, flood or explosion. This includes care services and the NHS.
It outlines how different services like the fire service should respond.
Risk assessments must be run and emergency plans put in place.

Question 11

The Health and Social Care Act 2015

Answer 11

Sets out how employees must provide information about a patient to make sure care is safe and effective.
Providers outside of hospitals must use the same numbers as hospitals so that everyone can recieve joined up care.
This decreases the chances of harm and abuse.

Question 12

What is a statutory framework?

Answer 12

The description of the minimum expectations.

Question 13

What is safeguarding?

Answer 13

Safeguarding is a procedure that is put in place to prevent abuse and neglect. It’s needed for both adults and children and is everyone’s responsibility.

Question 14

What are the guidelines of safeguarding?

Answer 14

Protection from maltreatment.
Prevent impairment of children’s health and development.
Ensure that all children grow up in circumstances, consistent with safe and effective care.
Take action when needed to ensure all children have the best outcomes.

Question 15

What is the DBS (Disclosure and Barring Service)?

Answer 15

DBS is a way of safeguarding in care settings by checking the job applicants history and any criminal records. They works with the police to ensure that all job applicants are suitable to work with adults and children in a care capacity.

Question 16

What are the steps for a DBS check?

Answer 16

The employer gets an application form from the DBS.
The employer asks all applicants to fill in the DBS form and return it before they start work.
The employer gives the DBS form to the DBS.
The DBS checks the applicants details and will send them a certificate to show they are suitable.
The applicant gives the certificate to the employer so that they can copy it for their records.

Question 17

What are the 3 types of DBS checks?

Answer 17

Standard - spent and unspent convictions, cautions, reprimands and final warnings.
Enhanced - all of the standard as well as information held by the local police that is conserved relevant to the role the applicant has applied for.
Enhanced with list checks - all of the enhanced as well as checking the DBS barred lists.

Question 18

What are the influences of legislation?

Answer 18

Staff (e.g. staffing numbers, level of education).
Premises (e.g. fire exits, accessibility).
Practices (e.g. reporting, storage of information).

Question 19

How does legislation affect staff?

Answer 19

The levels of staffing considered safe are set.
Staff-to-client ratios are set.
Expected training levels and experience.
Staff are identified as being responsible for identifying issues and reporting concerns.
Staff must take care not to put others at risk.

Question 20

How does legislation affect the premises?

Answer 20

The cleanliness of sites is legislated.
Food safety is regulated.
Risk assessments must be conducted.
Lighting, security and ventilation are all regulated.
Handwashing facilities, changing rooms, toilets etc.
Escape routes and exits are regulated.
Fire doors must not be wedged open.
Adaptations to buildings must be made as per the Equality Act 2010 e.g. ramps for wheelchair users.

Question 21

How does legislation affect practices?

Answer 21

Good personal hygiene.
Washing hands to prevent the spread of diseases.
Wearing protective equipment.
Recording and storing information correctly.
Following company policy on reporting issues.
A COSHH file is kept.
Manual handling should be reisk assessed.
Managers must create site policies.

Question 22

What policies and procedures should be implemented?

Answer 22

Health and safety management systems, workplace hazards and risk controls (risk assessment), fire safety, asbestos, transport hazards, electrical safety, safeguarding, reporting of accidents, food safety, chemical and biological health hazards, disposal of hazardous wastes, lone working, storage and dispensing of medicines and security of premises, possessions and individuals.

Question 23

What is the role of the HSE (Health and Safety Executive)?

Answer 23

They outline the steps needed to effectively manage health and safety.
Leadership and management set the standards.
Employees are trained.
A trusting and supportive environment is created.
Understanding the risks of specific environments.

Question 24

What are risk assessments?

Answer 24

A legal requirement of the Health and Safety at Work Act.
Check the premises to identify potential risks and hazards.
Help to prevent accidents, illness, and danger.
Staff and service users feel happier and safer knowing that risk assessments are carried out.
They check that equipment and the building are safe, identify possible dangers, check tasks for risks, decide how much supervision is needed.

Question 25

What is the process of a risk assessment?

Answer 25

Look for hazards linked to an activity.
Identify who might be harmed.
Identify the level of risk.
Make a written record of the findings.
Review the risk regularly.

Question 26

Examples of policies

Answer 26

Asbestos policy - has a review of asbestos on the site been conducted within the last 12 months? Have all areas containing asbestos been identified? Has testing been conducted for areas of concern?
Security - Are frequent checks made to ensure that the site is secure?
Electrical safety, RIDDOR, storage of medicines.