legislation from ppt

• 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