Unit 3 Legislation Flashcards
(31 cards)
what is legislation?
is a collection of laws passed down by parliament. is upheld through the courts, which may prosecute individuals or organisations if they break the law.
Health and Safety at work act 1974
is established by the Health and safety Executive as the regulator for health and safety in the workplace. As a regulator it is possible for monitoring health and safety in the workplace by doing spot checks and carrying out investigations if an accident has occurred. The HSE enforces legislation by issuing improvement notices and can fine settings or take them to court. The also provide guidance and advice on how to minimise risks in the workplace.
The Key aspects of Health and Safety at Work Act 1974?
- The Working Environment must not put anyone at risks:
To carry out risks assessments, To provide PPE, To put in place procedures to prevent accidents, To monitor staff practice, To ensure working fore alarm and fire alarms and fire extinguishers and accessible fire doors. - The Equipment provided must be safe and good working order:
fit for its purpose and in good working order, To regularly check equipment, To regularly service/ maintain equipment, To ensure electrical appliances are PAT tested. - Employers must provide adequate health and safety policy should be provided:
Providing H&S training to staff - updated regularly, to train staff to use specialist equipment, To ensure electrical appliance are PAT tested. - Written Health and Safety Policy should be provided :
To produce a H&S policy in line with legal requirements, To ensure staff are aware of and have access to the policy, to display the Health and Safety Law poster. - Protective equipment, if needed, must be available to the employees free of charge:
To ensure staff maintain adequate supply of PPE, make no charge for PPE and staff wear PPE that is provided.
HASWA states that employees have the following responsibilities ….
- Co-operate with their employer by following health and safety regulations in the workplace
- Report any hazards to the employer
- Do not misuse or tamper with equipment provided that meets health and safety regulations e.g. fire extinguishers
- Take care of themselves in the work place.
- Wear any protective clothing that is provided.
- Take part in my health and safety training provided.
Management of health and safety at Work
these regulations place duties on both empolyers and employees and add specific details to the HASAWA about the safe management.
The key aspects of Management of health and safety at Work?
Risk assessments are carried out and any control measures required are implemented.
Individuals are appointed to manage health and safety and security and to deal with any emergency that may occur.
Information, training and supervision are provided so that work activities can be carried out safely.
Food Safety Legislation -> The food safety Act 1990, what are the Key Aspects.
- Covers the safe preparation, storage and serving of food.
- regulations the registration of food businessess - a food business includes canteens, clubs and care homes.
- Environmental Health Offices can: seize food that is unfit for consumption, serve an improvement notice, close premises causing a risk to health.
- The CQC requires that care services ensure the food and drink they provided is handled, stored, prepared and delivered in a way that meets the requirements of the Act.
The food Safety Act 1990 what are the impacts on the care settings?
- Employers must maintain a high standard of personal hygiene.
- Employees who serve and prepare food should have the appropriate training in food safety.
- Food should be stored correctly.
- Meals should be prepared, cooked and served hygienically and safely.
- food provide must be safe to eat.
- Records must be kept of where food is from so that it i traceable.
Food Safely Legislation - The food safely ( General Food Hygiene ) Regulations 1992; what are the Key aspects?
Requires that food safety hazards are identified.
Settings should know which steps in their setting are critical for food safety
Safety controls must be in place, maintained and reviewed
Food handlers must wear suitable clean and appropriate for their job.
The environment where food is prepared and cooked must be kept clean and in good condition.
Requires adequate arrangements for storage and disposal of waste.
The Food Safely Regulations 1992; what is the impacts on care settings?
Use of Hazards Analysis and critical control point (HACCP) to identify food safety hazards.
—- packing Food containers
—— work surfaces
—– food processing equipment
—– cookware
—– personal hygiene
Food safety controls and procedures must be in place and reviewed regularly.
food preparations and serving areas must be well maintained
Employers must provide clean protective clothing – hygiene hats, disposable gloves, aprons.
Manual Handling Operations Regulations 1992
Manual handling is a big issues for care providers as there are many situations where individuals who require care or support, particularly those with limited mobility, need to be assisted safety to move and transfer form one place to another, such as from bed to a chair. Injuries can easily happen if incorrect methods are used. manual handling legislation requires the risks of injury to be reduced as far as possible.
Manual Handling Operations Regulations 1992 ; The Key Aspects
- Avoid the need for manual handling
Assess the risks of injury from any manual handling that is unavoidable.
Take action to reduce the risks of injury as far as possible. .
Employers must provide information, training and supervision about the safe manual handling
Manual Handling Operations Regulations 1992; Impacts on Care Settings
Training must be provided for anyone who needs to carry out manual handling as part of their job role
Any manual handling activities must be risks assessed.
Employees must not operate manual handling equipment that they have not trained to use.
Reduce risks injuries
Reduced need for staff to undertake manual handling unless it is essential.
Lifts should be planned and practised before doing it for real
Guidance For Safe lifting:
stand with feet apart
bend the knee
keep the back straight
lean slightly forward to get a grip of the item
lift smoothly
what should manual handling include?
information about risk factors and how injuries can occur , techniques for current out manual handling safely for the task involved in the individuals work task how to use mechanical aids for example I hoist, practical works allowed the trainer to identify an put rights anything the trainee is not doing safely.
What is the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 ?
The reporting and recording of work related injuries, accidents and ill health is required by law. The employer has a legal duty to report work related injuries, diseases and dangerous incidents.
this piece of legislation is often referred to as RIDDOR, and it requires employees to keep writing records of and to put the following incidents to the health and safety Executive:
work related accident that caused death
work related accidents that caused serious indeed eg. loss or reduction off sight, serious burns etc..
diagnose cases of certain work related diseases example carpal tunnel syndrome, tendonitis, exposure to biological agents.
Incidents that have the potential to cause harm example collapse of equipment, explosion or fires, chemical spills and leaks, gas leaks, overflowing drains.
the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 must be kept of …
any accidents, occasional disease or dangerous occurrence that requires reports under RIDDOR
any other occasional accidents causing injuries that result in the worker being away from old or incapacity for more than seven conservative days.
the reporting of injuries, Diseases and Dangerous Occurrences Regulations; Keeping records of incidents enables employees to:
- collect information to help them properly manage health and safety risks In their workplace.
- use the information as an aid to risk assessment
— develop solution to potential risks
help prevent injuries and illness health
help control costs from accidental loss or fins.
Public Health England aims to detect possible outbreaks of disease and epidemics as rapidly as possible for stop notification of infectious disease is the term used to refer to the security duty to report metal native able diseases under the Health Protection regulation 2010 diseases in this stuff should be reported are:
Anthrax, food poisoning, Hepatitis, Legionella, Malaria etc..
The Data Protection Act 1998
the care environment’s handle data all the time - patient records, test results, care plans, Steve staff employment records common emails and phone calls are just a few examples. The eight principles of the Data Protection Act aims to ensure that data is used only as it is should be, it’s said only with authorities involved who needs to know, and it is kept safe and secure.
The Data Protection Act 1998; The 8 Key Aspects of this Act includes:
Processed fairly unlawfully
used only for the purpose for which it is intended to
adequate and relevant but not exclusive
Accurate and kept up to date
kept for no longer than necessary
processed in line with the rights of the individual
Secured
not transferred to other countries outside the EU.
The Civil Contingencies Act 2004
establishes a clear set of roles and responsibilities for those involved in emergency preparations and response at the local level. it requires organisations in the health system to prepare for adverse, events and incidents.
the CCA well quite any chance organisations and providers of NHS funded care, fire and police services and local authorities to show that they can deal with such incidents. They have to provide plants for the sponsor to the possibility of a major incident situation. The act requires organisations to carry out risk assessments then to work together to plan plan their response to local and national emergencies.
examples of contingency plans include:
Major incidents plans
Plans for management of mass causalities
Shelter and evacuation planning
Fire, police or health services response plans
Lock down or controlled-access plans.
The Civil Contingencies Act 2004; The types of Events or incidents can include:
an explosion or suspect package
extreme weather conditions
a fire
Flooding
A hazardous materials release, such as chemical, biological radiation or nuclear
A major transport accident
an outbreak of an infection disease
pandemic influenza
a power another utility failure
terrorist event
what is Safeguarding?
safeguarding means the measure taken to protect people’s health, well being and rights, enabling them to kept safe from harm, abuse and neglect. Practitioners in HSC environments must all be aware of the need for the safeguarding.
what is the need for Safeguarding?
Some individuals may be more at risk of abuse, maltreatment saw then others. Examples include individuals who:
have learning disabilities
have a physical disability
have sensory impairments
Lack mental capacity
are looked after children ( kids in care)
For a variety of reasons these individuals may not want to do or be able to report poor Clare or abuse. There are dependent - on carers and don’t want to upset them as their treatment might not get any better they may not know to or understand there are rats answer me not realise they are able being a beast. They may not be able to see or hear who is abusing them. Individuals in the residents can may not have anyone they can trust all to talk to. Stop have a duty of care to report concerns.
