LO2: Legislation and safeguarding Flashcards
What is the Health and Safety at Work Act 1974?
Established the Health and Safety Executiveas regulator for health and safety in the workplace
HSE responsible for monitoring health and safety in workplace by performing spot checks, carrying out investigation if accident has occurred, enforcing legislation by issuing improvement notices, fire settings/ take them to court, guidance on how to minimise risks
What is a risk?
The likelihood that someone or something could be harmed
What is PPE?
Provided by employer, clothing and protective equipment used to ensure personal safety in the workplace
Key aspects of HASAWA
The working environment must not put anyone at risk : carry out risk assessments, provide PPE, ensure working fire alarms and fire extinguishers and accessible fire doors
Equipment provided must be safe and in good working condition: provide equipment that is fit for purpose and in good working order, regularly safety check equipment, PAT test electrical appliances
Protective equipment if needed must be available to employers free of charge: maintain adequate supply of PPE, make no charge to staff, ensure staff wear PPE provided
Employees responsibilites of HASAWA
Report any hazards to employers
Do not misuse or tamper with any equipment provided that meets health and safert regulations eg. fire extinguishers
Wear any protective clothing provided
What is the Managment of Health and Safety at Work Regulations 1999?
Introduced to reinforce HASAWA, regulations place duties on both employers and employees and add sepcific detail to HASAWA about safe management of health and safety
What are risk assessments?
Procss of evaluating the likelihood of a hazard actually causing harm
What are control measures?
Actions that can be take to reduce the risks posed by a hazard or to remove the hazard all together
Kay aspect of Management of Health and Safety at Work Regulations 1999
Adds specific detail to HASAWA about the safe management of health and safety: risk assessments carried out and any control measures required are implemented, competent individuls are appointed to manage health, safety and security and to deal with any emergencies that may occur, information, training and supervision are provided so that work activities can be carried out safely
What is the Food Safet Act 1990?
Clearly sets out the main offences related to food safety and consumer protection so setting or processing food that is harmful to health is criminal
Key apsects of Food and Safet Act 1990?
Covers the safe preparation, storage and serving of food
Requires registration of food businesses - includes canteens, clubs and care homes
Environmental health officers can: seize food that is though to be unfit for consumption, serv an improvement notice, close premises causing a risk to health
The Food Safety Act 1990 impact on care settings
Employers must maintain high standards of personal hygiene
Employers who prepare and serve food should be provided with training in food safety
Records must be kept of where food is from so it is traceable
Key aspects of The Food Safety (General Food Hygiene) Regulations 1992
Requires that food safety hazards are identified
Food handlers must wear suitable clean and or appropriate protective clothing
Environemtn where food is prepared and cooked must be kept clean and in good condition
Food Safety (General Food Hygiene) Regulations 1992 impact on care settings
Employers must provide clean protective clothing- hygiene hats, disposable gloves, aprons
Employers must provide appropriate facilities for personal hygiene- sink and soap to wash hands
Food preparation and serving areas must be well maintained
What is Manual Handling Operations Regulations 1992?
Requires the risk of injury to reduced as far as possible when manual handling is required
Key aspects of Manual Handling Operations Regulations 1992
Avoid the need for manual handling as far as possible
Assess the risk of injury from any manual handling that is unavoidable
Employers must provide information training and supervision about safe manual handling
Manual Handling Operations Regulations 1992 impact on care settings
Training must be provided for anyone who needed to carry out manual handling as part of their job role
Any manual handling activities must be risk assessed
Employers must not operate manual handling equipment that they have not been trained to use
What is the guidance for safe lifting?
Stand with feet apart
Bend knees
Keep the back straight
Lean slightly forward to get a grip of the item
Lift smoothly
What is the manual handling training?
Information about risk factors and how injuries can occur
Techniques for carrying out manual handling safely for the tasks involved in the individuals workplace tasks
How to us mechanical aids eg. a hoist
Practical work to allow the trainer to identify and put right anything the trainee is not doing safely
What does RIDDOR stand for?
Reporting of Injuries, Diseases and Dangerous Occurences Regulations
What is RIDDOR?
The reporting and recording of work related injuries accidents and ill health is required by law, employer has a legal duty to report work related injuries, diseases and dangerous incidents
What incidents do written records need to report?
Work related accidents that cause death
Work related accidents that cause serious injury eg. loss/ reduction of sight, serious burns
Diagnosed cases of certain work related diseases eg. carpal tunnel, exposure to biological agents
Incidents that have the potential to cause harm eg. collapse of equipment, explosions/fires
What records must be kept of?
Any accident/ occupational disease/ dangerous occurence which requires reporting under RIDDOR
Any other occupational accident causing injuries that result in a worker being away from work or incapacitated for more than seven consecutive days
What does and accident book require?
Accident to be recorded where a worker is unable to work for three consecutive days
Should record the date, time and place of event
Details of those involved
A summary of what happened
Details of injury/ illness that resulted
Why is it important for employers to keep a record?
Collect information to help them properly manage health and safety risks in their workplace
Use the information as an aid to risk assessment
Develop solutions to potential risks
Help prevent injuries and ill health
Help control costs from accidental loss or fines
What is the Data Protection Act 1998?
There are eight principles which aim to ensure data is only ujsed as it should be, is shared only with authorised individuals who need to know and is kept safe and secure
What are principles of the Data Proctection Act?
Procsessed fairly and lawfully: information should be collected only with and individuals permission, should only be shared on a need to know basis
Adequate and relevant but not excessive: care workers should collect and use only information that is needed
Accurate and kept up to date: innaccurate data should be destroyed/ corrected, care workers have a responsibility to ensure information is correct and systems should be in place for checking accuracy eg. checking with patients
What is the Civil Contingencies Act 2004?
Establishes a clear set of roles and responsibilities for those involved in emergency prepartion and response at the local level it requires organisations in the health systems to prepare for adverse events and incidents
Types of events/ incidnets covered by the Civil Contingencies Act
Explosions/ suspect package
Pandemic
Major transport accident
NHS role in Civil Contingencies Act
NHS organistions and providers of NHS funded care, fire and police services and local authorities to show they can deal with such incidents
Have to provide plans for their response to the posibility of a major incident situation
Requirs organisation to carry out risk assessments and then to work together to plan their response to local and national emergencies
Examples of contingency plans
Major incidnt plans
Shelter and evacuation plans
Lockdown/ controlled access plans
What does COSHH stand for?
Control of Substances Hazardous to Health
What is COSHH 2002?
There are many hazardous substances found in care environment these range from bodily fluids (blood) to disinfectants, cleaning materials and medictions
What does COSHH require of employers?
To either prevent or rfeduce their workers exposure to substances that are hazardous to their health, must proctect staff and service users from harm by ensuring that potentially dangerous substances are safely stored or disposed of and staff who use hazardous substances are properly trained to do so
Aspects of COSHH
Covers the storage, labelling and disposal of hazardous substances
Must be a COSHH file listing all of the hazardous substances in the workplace
COSHH file must be kept up to date
Chemicals and medication must be kept in their original containers
Containers must have appropriate safety cup or lid
What should a COSHH file have?
Identify and name the hazardous substnaces
State where the hazardous substance is kept
Identify wht the hazardous labels on the containers mean
Describe the effects of the substances
State the maximum amount of time it is safe to be exposed to them
Describe how to deal with an emergency involving the hazardous substances
What is Safegaurding?
Means the measures taken to protect peoples health, wellbeing and rights enabling thm to be kept safe from harm, abuse and neglect
Who are the individuals who are more at risk?
Have a learning disability
Have a physical disability
Have sensory impairment
Lack mental capacity
Are looked after children
How to safeguard children
Protecting children from maltreatment
Prevent impairment of children’s health and development
Ensure children grow up in a stable home with the provision of safe and effective care
Taking action to enable all children to have best outcome
Safeguarding issues in adult care
Maladministrtion of medication: incorrect, late or innappropriate medication eg. sedatives
Rough treatment: being rushed, shouted at and ignored
Poor nutritional care: appropriate food not provided for those with chewing and swallowing problems, religious or dietary needs
Wht are DBS checks?
Requirement for anyone over the age of 16 for roles that involve working or volunteering with children or vulnerable adults, ensures individuals are safe to work or volunteer with vulnerable adults and children
What are the three types of DBS checks?
Standard: checks for criminal convictions, cautions, reprimands and final warnings
Enhanced: additional check for any information held by police that is relevant to the role being applied for
Enhanced with lists checks: additionally checks the barred list
Influences of legislation on staff (safeguarding)
The Care Act 2014 established a new statuatory framework which includes adult safeguarding
The Children Act 2004 which includes paramouncy principle and encourges partnership working to protect children
Working togeter to safeguard children 2015 provided statuatory guidance on inter-agnecy working to safeguard and promote the welfare of children
Influences of legislation on staff (Health and safety)
Follow systems of work in place for their safety
Co-operate with their employer on health and safety manners
Inform their employers if they identify any hazards
Influences of legislation on staff (Training)
Employees required to take part in training relevant to their job role, so they have the relevant skills and knowledge to perform their duties to required standards such as training in health and safety, data protection, safeguarding ect.
Influences of legislation on premises
Care settings providing food must comply with food safety regulations, sttings checked on regular basis by environmental health inspectors
Risk assessments for activities and equipment must be carried out to ensure the sfety of all who work in or use the care setting
Health and safety law requires fire exits to be kept clear and well signposted, fire extinguishers should be availazble by exits and fire blankets in kitchen
Influences of legislation on practices
Activities and equipment should be risk assessed
Staff not trained in manual handling should not attempt to more or lift individuals/ equipment
COSHH file will be kept nd updated regularly
