Outline how legislation, policies and procedures relating to health, safety and security influence health and social care settings.

by olasunkanmi21 (student)

TASK 1 (P2) Outline how legislation, policies and procedures relating to health, safety and security influence health and social care settings.

I am going to talk about how health and safety legislation, policies and procedures and how they promote the safety of individuals in a health and social care setting.

Policies are written out from all the laws. Every organisation writes their own policies based on what company they are running. It is a document explaining the standards of what the business is expected to do.

Procedures are the instructions of how to carry out several of policies. For example, if the fire alarm goes in the care home then everyone has to go out of the building.

This influences the health, safety and security in a care setting because by having policies and procedures in place helps everyone, the policies and procedures are there to protect the clients from harm or injuries. For example, fire policy, infection control policy or manual handling, all this helps the client.

Legislation are the laws . These HASAW Act(1974)

HASAW stands for Health and Safety at Work. HASAW is the main piece is legislation and it covers all the occupational for health and safety for the United Kingdom and Since the act as been in place the UK has been one of the lowest countries for accident rates. HASAW Act 1974 care settings have responsibilities for providing a safe and secure working condition to its employees. Training and supervision will be given to employees to ensure their working practices are safe for themselves and others. And also the care setting has to make sure that members of public are not put at risk. It also needs to have risks assessment, policies and procedures on how to promote health and safety. Policies and procedures differ at each care setting as they are personally devised for their setting. All workplace must control the risk of fire and conduct fire drills, as well as risk assessments on the likelihood of fire. They must also provide information, instruction and training to employees. This policy helps the staff and patients to act correctly and promptly if a fire should occur. For exaple hospital should provide and maintain an accident book, provide a first aid kit and assistance to all employees, patients and visitors. All work places have a legal requirement to provide adequate equipment, facilitates and personnel to ensure first aid can be given to an employee if they become ill or injured. First Aiders must be properly trained and carry a First Aid Certificate to prove so, this would count in care setting such as care homes where there are no nurses or doctors present at all time.

states that “It has been suggested that Northumberland, Tyne and Wear NHS Foundation Trust and Newcastle City Council failed to take his rights and best interests into account when planning his care, stating that their actions impacted on Mr J’s quality of life and wellbeing.

The release of details about the inquiry has been welcomed by public law specialists at Irwin Mitchell who represent the families of vulnerable members of society who have suffered an infringement of their rights.

Alex Rook, a public law expert at Irwin Mitchell who specialises in cases related to health and social care, said: “It is sad to see that authorities continue to ignore obligations which are vitally important to the welfare of the most vulnerable members of society.

“Where an adult lacks the mental capacity to make decisions as to where they wish to live, a decision should be taken in their best interests.

“If agreement cannot be reached, proceedings should be issued in the Court of Protection as a matter of urgency, or authorities risk proceedings being brought against them for a breach of the individual’s right to liberty and to a family life in accordance with the European Convention on Human Rights, and damages awards being made as a consequence.

“Lessons must be learned from this inquiry if vulnerable members of society are going to receive the support they need.”

A public law specialist Irwin Mitatell called for local Authorities to ensure they meet social care obligations in the care of the man with downs syndrome ...

This is a preview of the whole essay

“Lessons must be learned from this inquiry if vulnerable members of society are going to receive the support they need.”

A public law specialist Irwin Mitatell called for local Authorities to ensure they meet social care obligations in the care of the man with downs syndrome in the North East. The man Mr J was kept in hospital for longer than necessary, then moved to inappropriate accommodation was locked which restricting his access to the outside world.

In my opinion, local authorities should have thought about the welfare of “Mr J” who could not explain his situation due to his mental situation due to his mental condition and the suffered as a result of their lack of duty of care. Mr J’s health and safety was put at risk by the local authority who were directly responsible. The HSE(health and safety executive) is the government body responsible for enforcing legislation and providing guidance on health and safety in the workplace.

The Food Safety Act (1990)

The food safety act 1990 This act ensures that all food complies with the food safety act and its definition which includes drinks and chewing gum .The main aims of the Act is to ensure that all food meets consumersexpectations in terms of nature,substance and quality and is not misleadingly presented and Is a law that covers food safety it being with the raw ingredient through to the cooked items. It also provide legal powers and specify offences in relation to public health and consumers‟ interes .It makes sure that food is fit for human consumption the act covers food safety risks, it also covers basic Food Handling Hygiene. In the nursery environment, the staff should always know if children are allergic to any food. Staff should make sure the children wash their hands stared they eat. Food should be stared at the correct temperature and cooked thoroughly staffs who prepare the food for children should wash their hands first. The food preparation area should be kept clean and tidy. The tables the children eat off must be kept clean. These precautions can stop bacteria and avoid illness.

Food Safety (general Food Hygiene) Regulations 1995

This act ensures all food is handled correctly, the area where food is prepared must be clean, hands must be washed, hair should be covered, separate work areas should be used to prevent cross contamination of cooked and raw food. Following this regulation is especially important in health and social care settings as service users may be vulnerable. Foods also have to be cooked thoroughly. Food must be kept at the right temperature and cross contamination is prevented. Health and social care settings need to meet all the requirement of the regulation. They must be separated chopping boards for raw and ready to eat foods. Surfaces must be smooth and easy to keep clean, without cracks where food can get in. Staff cannot use the same sink that food is prepared in. Hands must ne regularly washed especially after preparing raw meat and using the toilet. Environmental health inspectors can inspect and siege food that is unfit for human consumption. Food hygiene standards must be strict. Anyone breaching standards can be served a notice of improvement and in extreme circumstances can be temporarily or permanently closed partiality if they pose a health hazard.

Manual Handling Operation Regulations, 1992 is about transporting or supporting lifting, putting down, carrying or also moving someone around by using force, this is classified as a manual handling task, for example, In the nursery environment, the staff should always check the outdoor play equipment before they let the children play on it, this is classified as a manual handling task. The policy and procedures for manual handling are:

“Avoid hazardous manual handling operations so far as is reasonably practicable, for example by redesigning the task to avoid moving the load or by automating or mechanising the process.

Make a suitable and sufficient assessment of any hazardous manual handling operations that cannot be avoided.

Reduce the risk of injury from those operations so far as is reasonably practicable. Where possible, you should provide mechanical assistance, for example a sack trolley or hoist. Where this is not reasonably practicable, look at ways of changing the task, the load and working environment”. () 29/05/12

According to the first principle it is stated that we must respect the client and be reasonable when lifting them. This is link to the main core of care value base. It is linked to respect, for example, as care professionals you must respect the patient and tell them that you can’t lift them, so you will use the hoist to transfer them. If the patient doesn’t want to use the hoist, then you must respect the client independence and ask them how they want to be transfered, so you will talk to the therapist of how the client want to be transfered, by more people lifting them, or other solution. If you do this the client won’t have to complain to their family about you.

The second principle is saying that any hazards must be assessed when the manual handling cannot be avoided and the other principle says that the care workers should try to change the working environment to make it safer.

Effective communication is also a part of a care value base. Effective communication is important because the client must understand what you are talking about, so that they know what treatment you will give them. Good communication and good listening improves the client health and well-being for example, if the client says to the nurse that she have stomach pain and the nurse gave her a medicine for kidney pain then this will be a big misunderstanding between the staff and the patient. They must be able to talk clearly and they must listen to them carefully without causing a problem.

RIDDOR (1995)

RIDDOR 95 stands for Reporting of Injuries, Disease and Dangerous Occurrences Regulations 1995, which into force on 1 April 1996. RIDDOR 95 requires the reporting of work-related accident, diseases and dangerous occurrences. It applies to all work activities, but not to all incidents. Riddor is important for blam who caused the accident and can’t help to remedy.Riddor also suggest that we must report any injuries, so they can make ensure that it won’t happen again. this regulation says that you have to report to the local council or the health and safety executive ( HSE) the death or main injuries or an accident leading to someone being absent from work for 3 or more days, report any disease and potential dangerous happening that did not lead to injury or disease. Reporting this information makes the local council or the HSE establish why, where and how risks happen and investigate serious accident and near- accident.

Management of health and safety at work regulations (1999)

The main condition of the Management of Health and Safety at Work Regulations is that employers must carry out risk assessments to decrease risks. Employers with five or more employees need to record the significant findings of a risk assessment. It makes very clear what employers have to do under the health and safety at work act. Employers need to provide clear information, supervision and training for employees and make sure that suitably competent people are appointed who are capable of carrying out the tasks entrusted to them and also set up emergency procedures and provide information about them to employees.

Fire regulation 1997

Fire Regulations 1997 states building must be checked by fire officers when the premises are registered; they will advise on how to make the workplace as safe as possible. All adults should know the procedures for safe evacuation and these should be practised regularly. Employers have to flow the fire regulation in health and social care. This mean they have to carry fire risk assessment. It is important to gave the right number of fire exit in health and social care settings. You will also need to make sure there is the right alarm system. Health and safety should be promoted according to the client needs. Social care workers can promote the clients need, by helping them when they are having problems. For example, an old person living on her own and she is very forgetful, she always forgets what she is doing. For her health and safety the social worker gets involved, as their family doctor and neighbours are scared of the risks. As she always switch the gas on and forget to turn it off. She might burn the house if she is not getting some support. To promote health and safety the social worker will make sure the client has a fire alarm system in the house, a carer to live with her and make her feel safe, they could also deliver the client food without her cooking or even involve family in her care, refer the client to a district nurse to visit her and they should also encourage her to join a social club.

The protection of venerable adults (POVA)

POVA is about protection vulnerable adults from abuse. This is relevant to elderly people and people with difficulties. If a care worker was harmed a vulnerable adult, they will be banned from working with vulnerable adults. It developed, promoted and controlled by the health Department for the reason of acting because a workers ban on those people who have been proven to have harmed vulnerable people in their care. Employers who are required to carry out criminal records checks on proposed new employees are also required to check that the person is not listed on the barred persons list. Employers may not keep an employee until a positive (i.e. the person is not on the barred register) result has been received by the employer.

Care minimum standards

This legislation controls and promotes good practise inside care services registered in the act. If the health workers care service is registered in the Care Standards Act, then the healthcare worker will be expected the reach the National Minimum Standards so they can meet the need of the person in their care. The NMS care also relates to older, younger adults and domiciliary care. It is important that health care workers know the NMS to the services that they provide, so they can help them meet the needs of individuals who they look after.

Control Of Substances 2002 Hazardous to health regulation (COSHH) 2002. This legislation was introduced in 2002 and covers the use and storage of chemicals. All health and social care services have to make sure that their working environment is safe and can not harm the service users or cares. For example at a nursery cleaning products like bleach being left in the reach of children.

Data Protection Act 1998

The laws are very important for example Data Protection Act 1998 states that the clients’ privacy should be kept confidential and not to speak about it with anyone as it may put the clients’ life in danger. The first Act was made in the law in 1984 but was replaced by new act in1998. The information that is understood should be relevant and not excessive. This act is to protect person rights and freedom in particular to their right to privacy with respect. This act gives you the right to access information believed about you by organisations. In this county it is illegal that carers can not expect personal detail, for example your age, address, your family details and religious believes to be freely available to everyone. This Act protects people and their information from others.

Care home regulations

A qualification in leadership and management in care services must be held my managers in care home. The managers make certain that all area of the home are free of hazards. He must make sure that all risks are identified and eliminated. If an employer poses a risk to anyone else, the manager must suspend the employee.

First aid regulations

First Aid Regulations 1981 state that there should be enough and right equipment, services and employees to allow first aid to be given to an employee if they are injured or become ill at work. The regulations outline the minimum provisions. If the company deals with chemicals or machinery that present any specific danger, suitable precautions for these must be available. An employer must provide a suitably stocked first aid box and appoint a person to take charge of first-aid arrangements. The first aid box should not contain medicine. The appointed first aid officer should be responsible for taking charge when an accident occurs, calling an ambulance if necessary, and ensuring that the first aid box is restocked. This person should only administer first aid if they are a qualified first-aider.

Independent Safeguarding Authority

The ISA's role is to make fair, consistent and thorough barring decisions on people who are unsuitable to work with children and vulnerable adults because of the harm they have caused or the risk of harm they pose. If the ISA decides that it is appropraite to slab someone because of the future harm they pose, they are placed on the ISA's children barred or Adults barred list or both. This means it is a criminal offence to work (or volunteer) or apply to work with the vulnerable group or groups from which they are barred.For example, If a person is on an ISA list, they will definitely know, as it is a criminal offence for anyone who is ISA banned to apply for or attempt to work in contact with the relevant group (children/vulnerable adults).