L02.1 LEGISLATION Flashcards

1
Q

What is legislation?

A

legislation is law set out by parliament, it governs every aspect of society including the work of health, social and child care settings.

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2
Q

What are Regulations?

A

Regulations are a rule or directive made and maintained by an authority. For example, a government or a regulatory body such as the CQC.

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3
Q

What is the role of the health&safety executive?

A

They are in charge of enforcing health and safety acts.

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4
Q

What are the main roles of the health& safety executive?

A

Uploading health and safety legislation- they can enter premises to inspect and question staff.
- They may issue improvement notices to work place and give advice on how they can improve.

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5
Q

What are additional main roles of the health and safety executive?

A
  • In serve situations the may close work places.
  • They can prosecute employers who are in serious breach of the law.
  • They can undertake research to improve safety.
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6
Q

What is the role of the health and safety at work act 1974?

A

The health and safety at work act 1974 is a piece of legislation covering health and safety in Great Britain.

  • provides legal framework, for maintaining health and safety issues in workplaces.
  • Act designed to prevent workers and service users from injuring themselves
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7
Q

What does the health and safety at work act 1974 provide?

A
  • It is the main legislation that provides the legal framework for maintaining health and safety in workplaces.- UMBRELLA ACT.
  • Covers- COSHH,RIDDOR and the management of health and safety regulations.
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8
Q

How does the health and safety at work act 1974 promote, health and safety& security?

A
  • It is an important act that is the basis for other health and safety regulations.
  • It established the health& safety executive as the regulator for the health, safety and welfare of people in work settings in the UK.
  • It established key duties& responsibilities of all employers and employees in work settings.
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9
Q

What are employers responsibilities?

A
  • Ensure work is carried out as safely as possible- with no risks to other people.
  • Ensure health&safety of the employers.
  • Deal with substances such as chemicals safely.
  • Provide adequate information& training.
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10
Q

What are employees responsibilities?

A
  • Take care of their own health& safety at work.
  • co-operate with their employer.
  • Not misuse of interfere with anything provided for health and safety purposes.
  • Take care of the health and safety of others.
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11
Q

How can the health&safety at work act 1974 be applied in a HSC setting?

A
  • Applied by making sure no risks in place, e.g at a care home so that a elderly person does not trip over whilst they are walking.
  • when people are older- their dexterity can be reduced- meaning they shuffle along, increasing risk of tripping.
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12
Q

How can the health& safety at work act 1974, be applied in a nursery setting?

A
  • Children more vulnerable to issue relating to health& safety.
  • young are more prone to trip- as less stable on their feet.- REMOVE ALL OBJECTS THAT COULD CAUSE A- TRIP HAZARD.
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13
Q

Give another way the health and safety at work act 1974, can be applied to a nursery setting?

A

-children may not have learn about certain risks or hazards- may not understand their consequences. E.g consequences of handling cleaning products.- SO REMOVE ALL HAZARDOUS ITEMS THAT ARE ACCESSIBLE BY CHILDREN.

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14
Q

HOW DO WE MANAGE RISKS AND HAZARDS?

A

FOLLOW THE HEALTH& SAFETY AT WORK ACT 1974

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15
Q

HOW DO WE MANAGE RISKS AND HAZARDS?

A

MANAGEMENT OF HEALTH AND SAFETY REGULATIONS 1999.

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16
Q

What are the requirements of the management of health& safety a work regulations 199?

A
  • Risk assessment
  • provision of safe and adequate equipment
  • safe systems of work
  • establishment of emergency procedures
  • appointment of ‘ competent persons’
  • special considerations for pregnant workers& young people
  • provision of information& training.
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17
Q

What is the food safety act 1990?

A

The food safety act 1990 is an Act of the united kingdom. It is the statutory responsibility to treat food intended for human consumption in a controlled and managed way.

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18
Q

Example of how the food safety act 1990 works?

A

E.g don’t add any substances or additional flavouring to the food because it may be against someone’s religion.

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19
Q

What are the main principles of the food safety act 1990?

A
  • To ensure you do not add/ take away anything from food or treat food the way in which means it would be damaging to the health of the people eating it.
  • To ensure the food you serve or sell is of nature, substance or quality which consumers would expect.
  • To ensure that the food is labelled, advertised and presented in a way that is not false or misleading.
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20
Q

How can the food and safety act 1990 be applied in a care setting?

A

safe practice- important to the promotion of dignity in care.- Number of legislative measures& regulations to support health& safety at work.- those using services& wider public.

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21
Q

Who can bring prosecutions against care providers who go against the health and safety standards?

A

The health and safety executive, local authority trading standards and quality care commission.

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22
Q

Examples of where the food safety act 1990 is applied?

A

health and safety executive- when inspecting will look for -

  • clean food preparation surfaces
  • different sinks for washing hands/ washing dishes
  • no cross contamination
  • food stored at the correct temperatures
  • different coloured chopping boards
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23
Q

How does the food safety act 1990 promote health& safety and security?

A
  • The employers have their own responsibility for everyone including the premises, employees, visitors, service users and workers from other places.
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24
Q

What does the health and safety executive do to promote health and safety in the food act 1990?

A
  • They inspect food, seize food, condemn it, serve notice of improvement where they feel is necessary and they close down temporary or permanent if they do not follow these guidelines which have been put in place.
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25
Q

Businesses regarding the food safety act 1990 can also be what?

A
  • They can be prosecuted because of the health inspections, it is up to them to close down any businesses that they think should be.
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26
Q

What is the manual handling operations regulations 1992?

A

This regulation outlines the different techniques on how to lift heavy things. All staff and employees should be taught and trained in manual handling.
- this is before lifting heavy items eg boxes, tables.

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27
Q

What must an individual do before carrying heavy items?

A

The individual has to plan before carrying items and should ask for help when lifting them alone. The clothing they wear much but appropriate- never wear tight jeans/ skirt when lifting.
e.g care takers should receive training on how to lift and carry objects to protect themselves.

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28
Q

What are the aspects of the regulations?

A

Avoid hazardous manual handling operations so far as is reasonably practicable; assess any hazardous manual handling operations that cannot be avoided; reduce the risk of injury so far as is reasonably practicable.

29
Q

What must you do when following the manual handling operations 1992?

A

As an employer you must comply with the risk assessment requirements set out in the management of health and safety regulations 1992 to carry out a risk assessment on manual handling tasks.

30
Q

What should you do if you are an employee?

A

You must make full use of any safe system of manual handling your employer puts in place.

31
Q

What is the hierarchy of measures to reduce the risks of manual handling?

A

Employees have general health and safety duties to;

  • follow appropriate systems of work laid down for their health and safety.
  • make proper use of equipment provided for their safety.
  • co- operate with their employer on health and safety matters.
  • take care to ensure that their activities do not put others at risk.
32
Q

How do manual handling operation regulations 1992 set out to deal with risks?

A

first; avoid hazardous manual handling operations so far as is reasonably practicable,
Second: assess any hazardous manual handling operations that cannot be avoided.
Third; reduce the risk of injury so far as is reasonably practicable.

33
Q

How can the manual handling operation regulations 1992 be applied in real life situations?

A
  • In a care home if there are certain things that can cause hazards- they should be moved out of reach from the elderly/ locked away.
  • carers should ensure that there is no hazardous equipment in the elderly persons room as this could potentially lead them to hurting themselves if they fell over or the item fell on them,
  • only trained people should use equipment/ handle specific hazardous objects.
34
Q

What does RIDDOR stand for?

A

Reporting of injuries, diseases and dangerous occurrences regulations 2013.

35
Q

What is Riddor?

A

Riddor puts duties on employers, the self- employed and people in control of work premises to report certain serious workplace accidents, occupational diseases and specified dangerous occurrences.

36
Q

What is meant my by work related?

A

An accident is work related if any of the following played a significant role:

  • the way the work was carried out
  • any machinery, plant, substances or equipment used for the work.
  • The condition of the site or premises where the accident happened.
37
Q

Riddor only requires you to do what?

A

Only requires you to report accidents if they happen ‘ out of or in connection with work’.

38
Q

The fact there is an accident at work premises does not mean what?

A

That the accident is work- related,

- The activity itself must contribute to the accident.

39
Q

What are reportable RIDDOR injuries?

A
  • specified injuries to workers
  • The death of any person
  • injuries to non- workers which result in them being taken directly to hospital for treatment, or specified injuries to non- workers which occur on hospital premises.
  • injuries to workers which result in their incapacitation for more than 7 days.
40
Q

What are specified RIDDOR injuries?

A
  • fractures other than fingers, thumbs and toes.
  • amputations
  • Any loss of consciousnesses caused by head injury or asphyxia.
  • serious burns which cover more than 10% of the body, causes significant damage to the eyes, respiratory system or other vital organs.
41
Q

What is meant by the term accident?

A

In relation to RIDDOR, an accident is a separate, identifiable, unintended incident, which causes physical injury. This is specifically includes acts of non- consensual violence to people at work.

42
Q

Types of dangerous occurrences?

A
  • plant or equipment coming into contact with other head power lines;
  • The collapse, overturning or failure of load- bearing parts of lifts and lifting equipment;
  • The accidental release of any substance which could cause injury to any person.
43
Q

What is the data protection act 1998?

A
  • An act of parliament of the United kingdom of Great Britain and Northern Ireland.
44
Q

What does the data protection act 1998 do?

A

The data protection acts control how your personal information is used by a organisation, businesses or the government.

45
Q

What are the principles of the data protection act 1998?

A
  • used fairly and lawfully
  • kept no longer than is absolutely necessary.
  • kept safe and secure
  • Handled according to peoples data protection rights.
46
Q

How can the data protection act be used in a real- life situation?

A

data being locked away- in school setting; keeping all personal information of the students on a computer with a password- not writing anything down on paper unless it can be locked away in a filing cabinet.

47
Q

Why would they do this in a school setting? regarding to data protection?

A
  • so no other student can find out information about another student or member of staff.- this could lead to student being bullied or member of staff being black mailed.
48
Q

Another way data protection act can be used in a real- life situation?

A

Data being kept up to date- make sure all data on staff and students kept all up to date- stop anyone form becoming really ill.
example- care home- need to keep food plan up to date- as service user may develop an intolerance to food they once ate.

49
Q

What does COSHH stand for?

A

Control of substances hazardous to health (COSHH) 2002.

50
Q

What is coshh?

A

They require employers to control hazardous substances that employees and others may be exposed to during work.

51
Q

Name example of hazardous substances?

A

These are products used in a workplace that could constitute a risk to health if they are not controlled, for example using ventilation.

  • GLUES
  • BACTERIA
  • CLEANING AGENTS
  • FUMES
  • DUST
52
Q

ASSESS THE RISK- IMPLEMENT MEASURES TO CONTROL=

A

GOOD WORKING PRACTICE.

53
Q

What are the common substances covered under COSHH?

A
  • Bleach or bleaching agents
  • poisons
  • acids
  • flammable chemicals
54
Q

What are the first 4 steps to coshh?

A
  1. Assess the risks- work out what hazardous substances are used in your workplace and the possible risks to peoples health.
  2. decide what precautions are needed before starting work with hazardous substances.
  3. Prevent or adequately control exposure.
  4. Ensure that control measures are used and maintained.
55
Q

What are the last 4 steps to coshh?

A
  1. Monitor the exposure
  2. carry out appropriate health surveillance.
  3. Prepare plans and procedures to deal with accidents, incidents and emergencies.
  4. Ensure employees are properly informed, trained and supervised.
56
Q

What is the civil contingencies act 2004?

A

The at was designed as a framework for emergency planning and response ranging from local to national level.
The act was created in response terrorist attacks and instructs us when there is an emergency.

57
Q

Who does the act support?

A

The act supports both service users and the care staff as it is there to ensure that there is appropriate strategies in place in case of an emergency. - eg. terrorist attack.

58
Q

What are the main principles of the civil contingencies act 2004?

A
  • Act sets out how organisations must work together to plan and respond to local and national emergencies.
  • establishes how organisations, such as emergency services, local authorities and heath bodies, can work together and share information.
59
Q

what is the last main principle of the civil contingencies act 2004? what does it require?

A
  • it requires that risk assessments are undertaken and emergency plans are put in place.
60
Q

How can the civil contingencies act be applied in a real life situation?

A
  • where there is a real life emergency- emergency services will know how to work together to protect themselves and the general public.
61
Q

How does the civil contingencies act promote health, safety and security?

A

BECAUSE IT HELPS EMERGENCY SERVICES KNOW WHAT THEY ARE MEANT TO DO IN AN EMERGENCY!

62
Q

How else does the civil contingencies act promote health, safety and security?

A
  • create risk assessments- highlight potential problems- lower risk of injury.
    eg- an airport- not allowed to leave baggage on its own as it could be explosive.
  • if left on its own baggage will be destroyed- raises security in a airport.
63
Q

What constitutes a civil emergency?

A

An emergency that threatens serious damage to human welfare.- The environment or security has occurred, is occurring or about to occur.

64
Q

What is part 1 of the civil contingencies act?

A

It establishes a clear set of roles and responsibilities for local responders.

65
Q

What is part 2 of the act?

A

Additionally establishes a threshold that events or situations would need to meet to constitute as ‘ an emergency’ , and thus to trigger the duties in part 1 of the act.

66
Q

What is a category 1 responder?

A

are those organisations at the core of emergency response.

67
Q

What must category 1 responders do ?

A
  • assess the risk of emergencies and this to inform contingency planning; put in place emergency plans.
  • put in place business continuity management arrangements;
  • share information with other local responders to enhance co-ordination.
68
Q

What are category 2 organisations?

A

These are ‘co-operating bodes’ who are less likely to be involved in the heart of planning work. However, they will be heavily involved in incidents that affect their sector.

69
Q

what do category 2 responders do?

A

They have a lesser set of duties- co- operating and sharing relevant information with other category 1 and 2 responders.