legislation from ppt

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Kimberley:)

Cards (36)

Legislation for Health & Safety 
Health and Safety at Work Act 1974
Management of Health and Safety at Work Regulations 1999
Food Safety Act 1990
Food Safety (General Food Hygiene) Regulations 1995
Manual Handling Operations Regulations 1992
Reporting of Injuries, Diseases and Dangerous Regulations (RIDDOR) 2013
Data Protection Act 1998
General Data Protection Regulation GDPR
Control of Substances Hazardous to Health (COSHH) 2002
Civil Contingences Act 2004
Health and Safety at Work Act 1974 
This Act established the Health and Safety Executive (HSE) as the regulatory for health and safety in the workplace
Health and Safety at Work Act 1974 
The HSE is responsible for monitoring the health and safety in the workplace by carrying out spot checks and investigating if an accident has occurred
It enforces the legislation by issuing improvement notices and can fine settings or take them to court
The HSE also gives guidance on how to minimise risks
The HASAWA established the key duties and responsibilities of all employers and employees in work settings
Some key aspects of HASAWA 1974
The working environment must not put anyone at risk
The equipment provided must be safe and in good working order
Employers must provide adequate health and safety training for staff
A written health and safety policy should be provided
Protective equipment, if needed, must be available to employees free of charge
Employer's Responsibilities 
Carry out risk assessments
Ensure that electrical appliances are PAT tested
To provide adequate first aid
To ensure all staff wear PPE provided
To monitor staff practice
To provide PPE
To regular service/maintain equipment
Provide H&S training for staff
To train staff to use specialist equipment
To ensure working fire alarms, fire extinguishers and accessible fire doors
To produce a H&S policy in line with legal requirements
To have regular fire evaluation practices
To display the 'Health and Safety Law' poster
To not charge staff for PPE
To put in place procedures to prevent accidents
To make sure staff are aware and have access to the H&S policy
To maintain an adequate supply of PPE
To provide equipment that is fit for purpose and in good working order
Employee's Responsibilitieshasaw
Cooperate with their employer by following the health and safety regulations
Report any hazards to their employer
Do not misuse or tamper with equipment that meets health and safety regulations, e.g. fire extinguishers
Take care of themselves and others in the workplace
Wear any protective clothing that is provided
Take part in any health and safety training provided
Management of Health and Safety at work Regulations 1999
Reinforces the HASAWA but with an emphasis on duties that employers have
Employers must carry out risk assessments
Employers must provide information, training and supervision so that work activities are carried out correctly
Competent individuals are appointed to manage health and safety and security and to deal with any emergencies that may occur
Food Safety Act 1990
Focuses on the preparation, storage and service of food
The main responsibilities for all food businesses under the Act are to ensure that businesses do not include anything in food, remove anything from food or treat food in any way which means it would be damaging to the health of people eating it, the food businesses serve or sell is of the nature, substance or quality which consumers would expect, and the food is labelled, advertised and presented in a way that is not false or misleading
Food Safety (General Food Hygiene) Regulations 1995 
As the proprietor of a food business, you must make sure food is supplied or sold in a hygienic way, identify food safety hazards, know which steps in your activities are critical for food safety, and ensure safety controls are in place, maintained and reviewed
Manual Handling Operations Regulations 1992
Avoid the need for manual handling as far as possible
Training must be provided for anyone who needs to carry out manual handling as part of their job role
Assess the risk of injury from any manual handling that is unavoidable
Any manual handling activities must be risk assessed
Take actions to reduce the risk of injury as far as possible
Employees must not operate manual handling equipment that they have not been trained to use
Employers must provide information, training and supervision about safe manual handling
Dealing with risks (MHOR 1992)
1. First: avoid hazardous manual handling operations so far as is reasonably practicable
2. Second: assess any hazardous manual handling operations that cannot be avoided
3. Third: reduce the risk of injury so far as is reasonably practicable
More than a third of all reportable injuries of over three days involve manual handling, and around 10% of major injuries are linked to manual handling. It has a major impact on all workplaces, and costs the economy hundreds of millions of pounds every year
In the UK, 1.1m people reported that they suffered from musculoskeletal disorders (MSDs) caused, or made worse, by work. It is estimated 12.3m working days are lost annually due to work-related MSDs
Anyone involved in the moving and handling of goods and people could be at risk. Injuries and suffering can be linked to any work involving handling of loads. There are risks in handling even light loads if a repetitive task is being carried out in poor conditions. Poor ergonomics and workplace layout are a factor in many hazardous manual handling tasks
How can it be applied in a workplace
In a care home if there are certain things that can cause hazards then they should be moved out of reach from the elderly and also out of the way of the carers as this could cause harm to them
The carers should ensure that there is no hazardous equipment in residents rooms as this could potentially lead them to hurting themselves if they fell over or an item fell on them
Care workers in a residential care home are not following the Manual Handling Operations Regulations 1992
Consequences for care workers
disciplinary action, e.g. warning, suspension, dismissal
required to undertake further training
closure of the home leading to job loss
injury, e.g. back pain, musculoskeletal injury
loss of income, e.g. due to time off work
prosecution – criminal or civil, e.g. if a resident is injured
financial loss, e.g. legal costs, compensation claims
difficulty finding a job elsewhere
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013 
RIDDOR is the law that requires employers, and other people in charge of work premises, to report and keep records of work-related accidents which cause deaths, work-related accidents which cause certain serious injuries (reportable injuries), diagnosed cases of certain industrial diseases, and certain 'dangerous occurrences' (incidents with the potential to cause harm)
Employers have to report and keep records for three years of work-related accidents that cause death and serious injuries ('reportable injuries'), diseases and dangerous occurrences (incidents with the potential to cause harm)
Work settings have to have procedures in place for reporting injuries, diseases and incidents
Employers also have to provide information and training on how to report
All accidents, whether reportable or not, where a worker is unable to work for 3 consecutive days should be recorded by the employer 
Date, time and place of the event
Details of those involved
Summary of what happened
Details of the injury/illness that resulted
Reasons for recording all accidents
Collect information so they can properly manage health and safety risks in the workplace
Use the information to aid risk assessment
Develop solutions to risks
Prevent further injuries and ill-health
Control costs from accidental loss or fines
Data Protection Act 1998 
The Data Protection Act 1998 is an Act of parliament of the United Kingdom of Great Britain and Northern Ireland
The Data Protection Acts control how your personal information is used by a organisation, businesses or the government
The Eight Principles of Data Protection
Fair and lawful
Specific for its purpose
Be adequate and only for what is needed
Accurate and up to date
Not kept longer than needed
Take into account people's rights
Kept safe and secure
Not be transferred outside the EEA
General Data Protection Regulation (GDPR) 
The General Data Protection Regulation (GDPR) is a new EU law that came into effect on 25 May 2018, replacing the existing Data Protection Act 1998
The changes have remained in place even after Brexit (when the UK left the EU in 2019)
The new GDPR gives individuals greater control over their own personal data
Accountability (GDPR) 
Means that your organisation must follow your systems and processes to ensure compliance is achieved
Control of Substances Hazardous to Health (COSHH) 2002
Employers must carry out risk assessments to prevent or control exposure to hazardous substances
Employers should provide information, training and supervision so that work activities can be carried out safely
There must be a COSHH file
Control of Substances Hazardous to Health (COSHH) 2002
Employers must carry out risk assessments to prevent or control exposure to hazardous substances
Employers should provide information, training and supervision so that work activities can be carried out safely
There must be a COSHH file listing all the substances in the workplace
Chemicals and medication must be in their original containers with an appropriate safety cap or lid
COSHH File
Identify and name the hazardous substance
State where it is kept
Identify what the labels on the container means
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 substance
Civil Contingencies Act 2004 
Sets out how organisations must work together to plan and respond to local and national emergencies, e.g. emergencies services, local authorities and health bodies can share information
It also requires risk assessments and that emergency plans are put in place
Types of events covered by the Civil Contingencies Act 2004
Explosion or suspect package
Extreme weather conditions
Fire or flood
Hazardous material release, e.g. chemical, biological, radiation or nuclear
Major transport accident
Outbreak of infectious disease
Pandemic influenza
Power failure
Terrorist event
Contingency plans under the Civil Contingencies Act 2004
Major incident plans
Plans for management of mass casualties
Shelter and evacuation plans
Fire, police or health service response plans
Lockdown or controlled access plans
Impact of Legislation on Practices
PPE must be made available where needed e.g. contact with bodily fluids
Routine practices must be established for the storage of information e.g. encouraging staff to lock computer screens
Rest brakes should be encouraged and facilities provided for that to happen including toilet facilities
Assessment of work stations should be carried out and recommendations implemented
Accident books must available and used for the reporting of incidents
Negative impacts of legislation on organisations
Can be expensive. Financial impact can be large on publically funded organisations
Time and cost
Lack of co-operation of employees
Some activities may no loner be viable – school trips?
Use of volunteers
Positive impacts of legislation on organisations
More committed staff because their wellbeing is taken seriously
People are less likely to leave because its dangerous