LO2: 2.1 - Legislation

Question 1

What is legislation?

Answer 1

A law or set of laws that have been passed by parliament

Question 2

What does legislation do?

Answer 2

ensures that everyone (staff and service users) are safe

Question 3

What is a policy?

Answer 3

A clear statement of intent of how an organisation intends to conduct its services.

Question 4

What does a policy do?

Answer 4

Ensures that staff understand settings intentions and their roles and responsibilities.

Question 5

What is a procedure?

Answer 5

The way the service or organisation expects its employees to put policies into action.

Question 6

What does a procedure do?

Answer 6

Ensures that staff understand how to act in different situations.

Question 7

What is the connection between policies and procedures?

Answer 7

They are both underpinned by legislation.

Question 8

What is an employee?

Answer 8

An individual who works for an employer in return for compensation.

Question 9

What is an employer?

Answer 9

A person or company that hires an employee to perform tasks.

Question 10

What are the 9 pieces of legislation you need to know?

Answer 10

• Health & Safety At Work Act (1974)
• Management of Health & Safety At Work Regulations (1999)
• Food Safety Act (1990)
• Food Safety (General Food Hygiene) Regulations (1995)
• Control of Substances Hazardous to Health (COSHH) (2002)
• Data Protection Act (1998)
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) (2013)
• Manual Handling Operations Regulations (1992)
• Civil Contingencies Act (2004)

Question 11

What does the Health & Safety At Work Act (HASAWA) (1974) do?

Answer 11

• Lays down wide-ranging duties on employers and employees.
• Health and Safety Executive (HSE) established as the regulator for the health, safety and welfare of people in work settings in the UK.

Question 12

What must employers do according to HASAWA?

Answer 12

Employers must protect the ‘health, safety and welfare’ at work of all their employees, as well as others on their premises, including temps, casual workers, the self-employed, clients, visitors and the general public.

Question 13

What are some things employers must follow under HASAWA?

Answer 13

• Ensure that all staff are trained
• Provide information when requested
• Supervise staff to observe working practices
• Make sure all staff understand their responsibility with regards to health and safety
• ensure that safe working practices are in place to avoid damage, accidents, injuries and wastage
• provide protective clothing and equipment free of charge
• Provide first aid facilities
• Ensure that visitors are aware of the settings workplace health and safety regulations
• Provide a safe entrance and exit
• To control dust, noise and fume levels

Question 14

What must employees follow under HASAWA?

Answer 14

• Follow guidance provided
• Monitor workplace activities
• Report and record any concerns or injuries
• Modify activities to ensure service users are safe as this will minimise risk
• Attend training if/when needed

Question 15

What does the Management of Health & Safety At Work Regulations (1999) do?

Answer 15

Introduced to reinforce HASAWA

Question 16

What does the Management of Health & Safety At Work Regulations (1999) require from the employer to do?

Answer 16

• Undertake an assessment of the risks to health and safety of their employees and other who may be affected by their work activity.
• To make appropriate arrangements for managing health & safety.
• Ensure employees are given adequate health & safety training and are not given tasks beyond their competence or physical capabilities.

Question 17

What does the Food Safety Act (1990) require for food safety?

Answer 17

That any food that is unsafe is removed and an incident report is completed.

Question 18

What does the Food Safety Act (1990) require for food inspection?

Answer 18

Food retailers will be inspected to ensure that they comply with food safety laws.

Question 19

What does Food Safety Regulations (1995) do?

Answer 19

They set out basic hygiene requirements for all aspects of a business

Question 20

What does the Food Safety Regulations (1995) require?

Answer 20

• Food safety hazards are identified
• Food safety controls are in place, maintained and reviewed
• Environments where food is prepared or cooked are kept clean and in good condition
• Raw meat and ready to eat products must be prepares on separate chopping boards to prevent cross-contamination

Question 21

What does COSHH require?

Answer 21

Requires employers to control substances that are hazardous to health.

Question 22

What does COSHH include?

Answer 22

• Finding out what health hazards are and deciding how to prevent harm to health.
• Providing control measures to reduce harm to health.
• Making sure they are used properly, such as providing instructions and training employees.
• Keeping all control measures in good working order
• Providing and monitoring health surveillance in appropriate cases
• Planning for emergencies

Question 23

What is the Data Protection Act (1998)?

Answer 23

Legislation designed to protect people’s personal data. It has a set of principles which help staff to understand how this can be achieved.

Question 24

What are the key principles of the Data Protection Act (1998)?

Answer 24

• All data must be fairly and lawfully processed
• Only used for the purpose intended
• Is adequate, relevant and not excessive
• Is accurate and is kept up to date
• Is not kept for longer than necessary
• Is processed in accordance with rights
• Is not transferred outside of the EU

Question 25

How can the Data Protection Act (1998) be achieved?

Answer 25

- Staff training - Hold meetings to discuss and follow procedures - Ensure service users have signed consent - Putting policies and procedures in place so that the key principles are adhered to - Investigating breaches of confidentiality - Shredding documents / deleting files that are not needed

Question 26

What does RIDDOR do?

Answer 26

RIDDOR puts duties on employers or the responsible person to report and record certain serious workplace accidents, occupational diseases and specified dangerous occurrences (near misses). Reporting and recording are legal requirements.

Question 27

What is needed to report and record incidents?

Answer 27

An accident book, essential document for employees and employers, who are required by law to record and report details of specified work-related injuries and incidents.

Question 28

What should you follow under the Manual Handling Operations Regulations (1992)?

Answer 28

- You should avoid hazardous manual handling operations so far as is reasonably practicable - To assess any hazardous manual handling operations that cannot be avoided - Reduce the risks of injury so far as is reasonably practicable

Question 29

What must employers do under the Manual Handling Operations Regulations (1992)?

Answer 29

Provide information, training and supervision for manual handling methods, techniques and procedures

Question 30

What does the Civil Contingencies Act (2004) deliver?

Answer 30

A single framework for civil protection in the UK

Question 31

What does the Civil Contingencies Act (2004) do?

Answer 31

- Sets out how organisations must work together to plan and respond to local and national emergencies. It establishes a clear set of roles and responsibilities for those involved in emergency preparation - 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

Question 32

What does the Civil Contingencies Act (2004) allow settings to do?

Answer 32

- Assess the risk of emergencies occurring and use this to inform contingency planning - Put in place emergency plans - Make information available to the public