Unit 3 health, safety and security in health and social care LO2 Flashcards
What is legislation?
Legislation is law that is set out by parliament, it governs every aspect of society including the work of health, social and child care settings.
What are regulations?
Regulations are a rule or directive made and maintained by an authority for example a government or a regulatory body such as the CQC.
What are the rules of the health and safety executive?
Upholding health and safety legislation- can enter premises to inspect and question staff.
Will give advice to improve practice.
In severe situations will close workplaces.
Undertake research to improve safety.
Update guidance according to changing situations.
What are the functions of the health and safety at work act 1974?
The Health and Safety at Work Act 1974 is the piece of legislation covering health and safety in Great Britain.
It is an act that provides a legal framework for maintain health and safety issues in workplaces.
The act is designed to help prevent workers and service users from injuring themselves.
What other pieces of legislation should I know about under the health and safety at work act 1974?
Control of substances hazardous to health regulations 2003 (COSHH)
Reporting of injuries, diseases and dangerous occurrences regulations 1995 (RIDDOR)
Management of health and safety at work regulations 1992
How does the act promote health and safety and security?
health and safety at work act
An important act that is the basis for other health and safety regulations and guidelines.
Established the health and safety executive (HSE) as the regulator for the health, safety and welfare of people in work settings in the UK.
Established the key duties and responsibilities of all employers and employees in work settings.
What are the employers responsibilities?
health and safety at work act
Ensure the health and safety of employees.
Provide a written health and safety policy (5 or more employees)
Provide adequate information and training.
What are the employees responsibilities?
health and safety at work act
Take care of their own health and safety at work.
Take care if the health and safety of others.
Co-operate with their employer.
How can the health and safety at work act be applied in a health and social care setting?
Making sure there are no risks in place so that an elderly patient doesn’t trip over whilst they are walking.
In a nursery setting the staff should be aware that children can be more vulnerable to issues relating to health and safety.
Assess toys/ equipment to ensure they they are suitable for the age to avoid choking hazards
How to manage hazards and risks under the health and safety at work act 1974
Ensure the health and safety of employees and others on premises.
Provide a safe place of work, including safe access and egress.
Provide a safe system of work.
Ensure the safe use, handling, storage and transporting of articles and substances.
Provide information, instruction, training and supervision.
How do we manage hazards and risks under the management of health and safety at work regulations 1999.
Risk assessment Provision of safe and adequate equipment Safe systems of work Establishment of emergency procedures Appointment of “competent persons” Provision of information and training.
What is the food safety act 1990?
Act of parliament in the United Kingdom.
Statutory responsibility to treat food intended for human consumption in a controlled and managed way.
E.g. don’t add any substances or additional flavouring to the food because it may be against someone’s religion.
What are the main principles of the food safety act 1990?
To ensure you do not add anything to food, take out anything from food or treat food the way which means it would be damaging to the health of people eating it.
Ensure the food you serve or sell is of the nature, substance or quality which customers would expect.
Ensure food is labelled, advertised and presented in a way that is not false or misleading.
How the food safety act 1990 can be applied to a setting?
Safe practice is important to the promotion of dignity in care. There are a number of legislative measures and regulations to support health and safety at work. Intended to protect people at work. The health and safety executive, local authority training standards and the care quality Commission can all bring prosecutions against care providers who go against the health and safety standards.
How does the food safety act 1990 promote health and safety and security?
Employers have their own responsibility for everyone including the premises, employees, visitors, service users and workers from other places.
Inspect food, seize food, condemn it, serve notice of improvement where they feel it is necessary and they can close down temporary or permanent jobs.
The food safety (general food hygiene) regulations 1995 can be linked to the food Safety Act in 1990.
Manual handling operations regulations 1992
Outlines different techniques on how to lift heavy things.
All staff and employees should be taught and trained in manual handling.
Before carrying out a lift a person has to plan it out and should ask for help when doing it alone.
Should never wear tight jeans or a skirt when lifting.
Key aspects of the manual handling operations regulations 1992
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.
What just employers do in the manual handling operations regulations 1992
Must comply with the risk assessment requirements.
Employees have general health and safety duties to follow:
Follow appropriate systems of work laid down for their 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.
Dealing with risks
Manual handling operations regulations 1992
The MHOR 1992 set out a clear raking of measures for dealing with risks from manual handling, these are:
1) avoid hazardous manual handling operations so far as is reasonably practicable
2) Assess any hazardous manual handling operations that cannot be avoided.
3) reduce the risk of injury so far as is reasonably practicable.
How can it be applied in real life situations?
Manual handling operations regulations 1992
In a care home if their are certain things that can cause training- 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.
What does riddor stand for
Reporting of injuries, diseases and dangerous occurrences regulations 2013
Riddor definition
Puts duties on employers, the self-employed and people in control of work premises (the responsible person) to report certain serious workplace accidents, occupational diseases and specified dangerous occurrences (near misses).
What is meant by work-related?
Riddor
Riddor only requires you to report accidents if the happen ‘out of or in connection with work’
The fact that there is an accident at work premises does not, in itself, mean that the accident is work-related- the work activity itself must contribute to the accident.
The way the work was carried out.
Any machinery, plant, substances or equipment used for the work.
Condition of the site or premises where the accident happened.
What are reportable injuries?
Riddor
Specified injuries to workers
The death of any person
Injuries to nonworkers which resulted 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 seven days
What are specified injuries?
Riddor
Fractures, other than to fingers, thumbs and toes
Amputations
Any injury likely to head to permanent loss of sight or reduction in sight.
Any crush injury to the head or torso causing damage to the brain or internal organs
Any loss of consciousness caused by head injury or asphyxia
Serious burns (including scalding) which:
Covers more than 10% of the body
Causes significant damage to the eyes, respiratory system or other vital organs
What is meant by an accident?
Riddor
In relation to riddor, an accident is a separate, identifiable, unintended incident, which causes physical injury. This specifically includes acts of non-consensual violence to people at work.
Types of occupational diseases
Riddor
Asthma
Hand-arm vibration syndrome
Carpal tunnel syndrome
Examples of dangerous occurrences
Riddor
Plant or equipment coming into contact with overhead 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
The data protection act 1998
Act of parliament of the United Kingdom of Great Britain and northern island.
Control how your personal information is used by a organisation, businesses or the government.
What are the principles of the data protection act 1998?
Used fairly and lawfully
Used for limited, specifically started purposes
Used in away that is adequate, relevant and not excessive
Accurate
Kept for no longer than is necessary
Handled according to to peoples data protection rights
Kept safe and secure
How can the data protection act 1998 be applied in a real life situation?
Data being locked away:
School setting- keeping all personal information of the students on a computer making sure anything written down is locked in a filing cabinet.
They do this so no other student can find out information about another student or member of staff.
Data being kept up to date:
Information on staff and students is up to date and stops anyone from becoming really ill.
In a care home, they need to keep their food plan up to date as the service provider could develop an intolerance to a certain food that they once ate.
What is COSHH?
Control of substances hazardous to health (COSHH) 2002
Hazardous substances
COSHH
Any products in the workplace that could constitutes risk to health if they are not controlled.
For example, using ventilation.
Glues Fumes Dust Cleaning agents Paint Bacteria
Common substances covered under COSHH
Bleach or bleaching agents Oxidising agent e.g. bleach, peroxide, nitric acid Flammable chemicals Poisons Caustic agents (cleaning materials) Acids
8 steps to COSHH
Step 1- assess the risks
Step 2- decide what precautions are needed before starting work with hazardous substances.
Step 3- prevent or adequately control exposure
Step 4- ensure control measures are used and maintained
Step 5- monitor the exposure
Step 6- carry out appropriate health surveillance
Step 7- prepare plans and procedures to deal with accidents, incidents and emergencies
Step 8- ensure employees are properly informed, trained and supervised
What is the civil contingencies act 2004?
Act was designed as a framework for emergency planning and response ranging from local to national level.
Act was created in response terrorist attacks and instructs us when there is an emergency.
Who does the civil contingencies act support?
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. For example, if there was a terrorist attack.
The main principles of the civil contingencies act are:
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 health bodies, can work together and share information.
Requires that risk assessments are undertaken and emergency plans are put in place.
How can the civil contingencies act be applied in a real life situation?
Can be applied in real life when there is a real emergency, emergency services will know how to work together to protect themselves and the general public.
How does the civil contingencies promote health, safety and security?
Promotes health and safety because it helps emergency service know what they are meant to do in an emergency.
Create risk assessments to highlight potential problems which can then lower the risk of injury. For example, in an airport you are not allowed to leave baggage on its own as it could be an explosive. If it is left on its own the baggage will be destroyed and security will be raised in an airport.
What constitutes a civil emergency?
Civil contingencies act 2004
Emergency that threatens serious damage to human welfare or the environment.
Make urgent provision in order to resolve the emergency as existing powers are insufficient and it is not possible to bring forward a bill in the usual way because of the need to act urgently.
Emergency regulations cannot prohibit or enable the prohibition of participation in, or any activity in connection with, a strike or other industrial action.
Purposes of the civil contingencies act 2004
Part 1- establishes a clear set of roles and responsibilities for local responders.
Part 2- 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 one of the act.
Category 1
The civil contingencies act 2004
Assess the risk of emergencies occurring and use this to inform contingency planning; put in place emergency plans.
In place of business continuity management arrangements.
Put in place arrangements to make information available to the public about civil protection matters and maintain arrangements to warn, inform and advise the public in the event of an emergency.
Share information with other local responders to enhance coordination.
Category 2
Civil contingencies act 2004
These are ‘cooperating bodies’ 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.
Have a lesser set of duties-cooperating and sharing relevant information with other category 1 and 2 responders (e.g. health and safety executive, transport and utility companies).
COSHH Evaluation points
Finding out what the health hazards are
Deciding how to prevent harm to health (risk assessment)
Providing control measures to reduce harm to health
Making sure they are used
Keeping all control measures in good working order
Providing information, instruction and training for employees and others
Planning for emergencies
Riddor Evaluation points
Employers, the self employed and those in control of premises are required by law to report specified workplace incidents, such as work related deaths, major injuries, seven day injuries, work related diseases, and dangerous occurrences.
Gather the information about how and why risks arise and to investigate serious incidents.
Keeping suitable and accurate records helps you to identify patterns and accidents and injuries and will help you when undertaking your risk assessments.
Data Protection Act Evaluation points
Used fairly and lawfully
Used for limited, specifically stated purposes
Used in a way that is adequate, relevant and not excessive
Accurate
Kept for no longer than is absolutely necessary
Safe and secure
Handled according to peoples data protection rights
Not transferred outside the European economic area without adequate protection
Safeguarding
Protecting individuals health, well-being and rights, keeping them free from harm and abuse
In place to protect those who are vulnerable and unable to protect themselves and to support the best outcomes for service users
Safeguarding: Official definition
Protecting children from maltreatment, preventing impairment of children’s health and development, ensuring that children grow up in circumstances consistent with the provision of safe and effective care and taking action to enable all children to have the best outcomes.
Safeguarding responsibility
Safeguarding adults and children from harm and abuse is everyone’s responsibility.
The actions taken by professionals can help to ensure safe and effective care; this includes acting on any concerns they may have as quickly as possible.
What is the need for safeguarding?
Safeguarding adults is needed to ensure that individuals rights to live free from abuse and neglect are protected and that working in partnership to prevent the risk of abuse or neglect takes place.
Safeguarding is also needed for children.
Protecting children from maltreatment
Preventing impairment of children’s health and development
Ensuring that children grow up in circumstances consistent with the provision of safe and effective care
Taking action to enable all children to have the best outcomes
Individuals most at risk from abuse include those who…
Have a learning disability Have dementia Lack mental capacity Are looked after children Have physical disabilities Have a sensory impairment
Having a learning disability
May not know or understand their rights or may want to please others
Have dementia
May not recognise that abuse is happening, may have difficulty remembering and communicating their experiences to others and behaviours may be mistaken.
Lack of mental capacity
They may not be able to tell us what is happening and they may have to depend on others to make decisions on their behalf.
Looked after children
May have had a private life experience, may have moved in and out of different settings and may be unlikely to have formed trusting relationships with adults or children and therefore are less likely to report abuse.
Have a physical disability
May have to depend on others and therefore may feel powerless to prevent abuse from happening.
Have a sensory impairment
May have limited experience of personal relationships and may depend on others to meet their intimate care needs and are therefore less likely to report abuse.
Hearing loss
Deafblindness
Blindness/partial sight
DBS
Replaced CRB check
Involves the relevant authorities e.g. the police looking into an individual’s past and ensuring that they are safe to work with children and vulnerable adults and do not appear on a list of individuals who are barred from working with police service users
Hopes employees make safe a recruitment decisions
Also an OFSTED requirement
By law any person working with children or vulnerable people need to have a DBS check
Types of criminal records check
DBS
Three types of check
DBS applicants must be over 16
The time it takes to process a DBS check depends on:
The level of check
If the details given for the check are correct
What police forces need to be involved in the check
Who does DBS work closely with?
Works closely with the police and helps to safeguard both adults and children from harm and abuse by preventing unsuitable people from working with vulnerable adults and children by:
Processing the request for criminal records checks by searching police records and barred list information
Deciding whether it is appropriate for a person to be placed on or are moved from a barred list
Placing people on the DBS children’s barred list and adults barred list for England, Wales and Northern Ireland
Three types of DBS checks
1- standard- This checks for spent and unspent convictions, cautions, reprimands and final warnings.
2- Enhanced-this includes the same as the standard check as well as any additional information held by local police that’s considered relevant to the role being applied for.
3- Enhanced with list checks- This includes the same as the enhanced check as well as a check of the DBS barred lists.
How does a DBS check work?
Step 1- Employer gets an application form
Step 2-Employer gives the application form to the applicant to fill-in
Step 3- Employer gives completed application form to DBS or the registered organisation
Step 4- DBS send a certificate to the applicant
Step 5- Employee I can check the status of the DBS certificate online
Influences of legislation
Ensures setting has the number of staff that they need, correct supervision and training of staff and ensures the environment is safe.
It is essential for individuals to be safe and secure. Legislation impacts on:
Staff
Premises
Working practices
Staff
Legislation promotes Safe staffing levels which seems to have effective supervision, instruction and staff training.
Having the right amount of staff with the relevant level of qualifications can lead to better care and lowers the risk of harm.
Give staff a role in implementing and making changes to health, safety and security arrangements in work settings.
E.g. children aged 0 to 2 have one member of staff to 3 children
On premises
Ensures that health, social care and childcare settings are well maintained
Clean
In good condition
The following must be provided: Suitable and sufficient ventilation Suitable and sufficient lighting Hand washing facilities Changing facilities if required Escape route or exit Signs showing escape routes and location of fire alarms, extinguishers
On Practices
Good personal hygiene is promoted through policies and procedures:
Effective hand washing
Wearing clean clothes
Using protective equipment (e.g. aprons, gloves)
Safe storage, removal and disposal of waste
Good working practices are also promoted through policies and procedures for:
Recording and storing information
Recording of completion of procedures by practitioners
Development of processes for reporting of accidents, illnesses and incidents
Legislation and work premises
Duties are qualified with the phrase, “so far as is reasonably practicable“. This means that employees can argue that the cost of a particular safety measures are not justified by the reduction in risk that the measure would produce.
Does not mean that they can avoid their responsibilities.
It is your managers duty to tell you…
A safe system of work
A safe place of work
Safe equipment and machinery
Safe and competent people working alongside you
Carrying out risk assessments as set out in regulations
Informing workers fully about a potential hazards associated with any work process
Appointing a “competent person “responsible for health and safety
What is the difference between policies and procedures?
Policies are clear statement of intent of how an organisation intends to conduct its services.
Procedures include the details of how an organisation will put into action its policies.
Implementation of policies and procedures
Individual organisations will look at the legislation and create policies is and what applies to the setting.
Will write policies and procedures so that their staff can apply them in their settings.
Examples of policies and procedures in health and social care settings
Health and safety management systems Fire safety Asbestos Workplace hazards and risk controls (risk assessment) Transport hazards Safeguarding Electrical safety Reporting of accidents Food safety Chemical and biological health hazards Disposal of hazardous waste Lone working Storage and dispensing of medicines Security of premises, possessions and individuals
Implementing a fire safety policy
Fire evacuation will be different in the hospital compare to that of a residential home or infant school.
When creating a fire evacuation policy there are a number of different things to think about:
A clear passageway to all escape routes
Clearly marked escape routes that are as short and direct as possible
Enough exit and route for all people to escape
Emergency doors that open easily
Emergency lighting where needed
A safe meeting point for staff
Training for all employees
How to cater for people with mobility needs?
You must have a fire detection and warning system.
May need different types of detectors, depending on the type of building and the work carried out in it.
The type of equipment you need depend on your business premises.
You will need to have any equipment properly installed, tested and maintained and train your staff to use them if necessary.
Maintenance and testing
All fire alarm systems are working
The emergency light is working
You record any faults and systems and equipment
All escape routes are clear and the floor is in good condition
All fire escapes can be opened easily
Automatic fire doors close correctly
Fire exit signs are in the right place
Not following procedures that are implemented at school
Staff maybe offered training courses or face disciplinary action for not following the correct policies or procedures.
The employer could be fined or go to prison if they don’t follow fire safety regulations.
Implementing a lone working policy
Creating a healthy and safe working environment for lone workers can be different from organising the health and safety of other employees. They should not be put at more risk than other people working for you.
It will often be safe to work alone. However: the law requires employers to think about and deal with any health and safety risks before people are allowed to do so.
Lone working
Assessing areas of risk including violence, manual handling, the medical suitability of the individual to work alone.
Requirements for training, levels of experience and how best to monitor and supervise them.
Making sure you know what’s happening, including having systems in place to keep in touch with them.
Workplace hazards and risk controls (risk assessment)
Anything in the workplace that may cause potential risk must be:
Assessed to ensure that all precautions have been taken.
Identified so that further measures are put into place.
Why must employers risk assess?
They are legally required to risk assess.
To enable employees to make decisions about what might need to be done to prevent people being harmed.
Who has to risk assess?
Employers are responsible for ensuring that risks are assessed properly.
However they can appoint someone else to actually complete the risk assessment.
The five stages of risk assessing
stage one-look for hazards stage two- Assess who may be harmed stage three- Consider risk stage four- document findings stage five- review and revise
Stage one-look for hazards
The person carrying out the risk assessment will walk around the premises and identify potential hazards: Equipment Physical environment Peoples behaviour Tasks which are potential hazards
Accident book and ill health records could help identify hazards.
Stage two-assess who may be harmed
All employees must be taken into account.
Service users and visitors must also be considered
Stage three-consider the risks and decide whether more should be done
The aim is to minimise risks.
Priority should be given to any task that is high risk or affects most people.
If a hazard cannot be removed, the risk needs to be controlled by taking extra precautions.
Stage four-document the findings
Significant findings must be recorded. Staff must be warned about the hazards.
Why is documenting important?
Staff can refer back to the documents
Provide evidence of what has already been done
Give staff confidence that risk has been minimised
stage 5-review the assessment and revise if necessary
Risk assessments must be reviewed and updated regularly to ensure they include current hazards.
When do policies need to be updated?
Legislation changes and updates. Technology and ways of working change. We learn better ways of doing things. As a result of incidences. The aims of the company or organisation can change
To reflect this policy should be:
Dated
Reviewed regularly
Updated as required