LO2- Legislation

• Health and Safety at work act (1974)


  Sets out key duties and responsibilities of all employers and employees in work settings. Employers have a duty of care to provide a safe working environment.
• Health and Safety at work act 1974

  • equipment provided must be safe and in good working order.
  • Employers must provide adequate health and safety training for staff.
  • The work environment must not put anyone at risk
  • A written health and safety policy should be provided
  • PPE must be available to all employees and free of charge.
• Management of health and safety at work regulations 1999


  Individuals are given the task of managing health at work. That procedures are in place for emergency situations.
• Management of health and safety at work regulations 1999

  • Risk assessments are carried out and any control measures needed are implemented.
  • Competent individuals are appointed to manage health, safety and security- to deal with any emergencies that might happen.
  • Information, training and supervision are provided so work activities can be carried out safely.
• Food safety act 1990


  Personal hygiene is maintained when working with food. Records are kept of where food is from so it can be traced. Unsafe food must b removed and a report completed.
• Food safety act 1990

  • Employers must maintain high standards of personal hygiene.
  • Employees who prepare and serve food should be provided with training in food safety.
  • Food should be stored correctly.
  • Meals should be prepared, cooked and served safely and hygienically.
  • Food provided must be safe to eat.
  • Records must be kept of where food is from so it’s traceable.
• Food safety regulations 1995 


  Food hazards must be identified and safety controls are put in place. Sets out that food must be prepared correctly to prevent cross contamination.
• Food Safety Regulations 1995

  • Food safety controls and procedures must be in place and reviewed regularly.
  • Food preparation/ serving areas must be well maintained.
  • Employers must provide appropriate personal hygiene facilities.
  • Employers must provide clean, PPE, hairnets, hats, disposable gloves and aprons.
• Manual handling operation regulations 1992 


  Training on the correct way to handle and move things should be provided. Risks should be eliminated or reduced.
• Manual handling operations regulations 1992

  • Avoid the need for manual handling as far as possible.
  • Assess the injury risk for any manual handling that is unavoidable.
  • Take action to reduce the risk of injury as far as possible.
  • Employers must provide information, training and supervision about safe manual handling.
• Reporting of injuries, diseases and dangerous occurrences regulations (RIDDOR) 2013 


  Procedures are in place to record incidents that result in injury and diseases. Training should be provided.
• RIDDOR

  • keep written records
  • Report any incidents to the health and safety executive
  • an accident book should be used for any accident even if its not reportable.
• Data Protection Act 


  States how information should be stored securely.

  The principles are:

  • Processed fairly and lawfully
  • Used only for the purpose in which it was intended
  • Adequate and relevant but not excessive
  • Kept no longer than necessary
  • Processed in line with the rights of the individual
  • Data is secured
  • Not transferred outside of the EU
• Control of substances hazardous to health ( COSHH) 


  Risk assessments must be completed to prevent exposure to hazardous substances. Safe working practises should be in place and training provided.
• COSHH

  • Storage, labelling and disposal of hazardous substances
  • Each workplace must have a COSHH file where all the substances are listed.
  • Substances must be stored in a safe and secure place.
  • Files are kept up to date.
  • Containers have appropriate lids.
• What should be in a COSHH file?

  • Hazardous substances identified and named
  • Storage locations of hazardous substances
  • Identify what the labels on hazardous substance containers mean
  • Description of the effects of the hazardous substances
  • Must state the maximum time it is safe to be exposed to the hazardous substance
  • Description of action to be taken to deal with an emergency that involved the hazardous substance.
• Civil contingencies act 2004 


  Requires that risk assessments are completed. That individuals are given the task of managing health at work. That procedures are in place for emergency situations. Requires that training and supervision is provided.
• Civil contingencies act act 2004

  • Risk assessments are undertaken and emergency plans put in place
  • Shows how organisations can work together and share information in order to be able to plan and respond to local and national emergencies.
• Safeguarding

  Protecting individual health, wellbeing and rights, keeping them free from harm and abuse. It’s in place to protect those who are vulnerable and unable to protect themselves.
• A safeguarding policy will promote vulnerable people/children’s safety by ensuring:

  • Vulnerable people/children are protected from harm or abuse
  • safeguarding includes (but is not limited to) child protection
  • Vulnerable people/children are valued, respected, listened to
  • staff have training in how to respond to safeguarding concerns
  • policies and procedures are put in place to ensure Vulnerable people/children’s safety is promoted e.g. lone working, e-safety, anti-bullying
  • posters and information available to ensure children and adults know who to contact for help or support
• A safeguarding policy will promote vulnerable people/children’s safety by ensuring:

  • there is a designated safeguarding officer (DSL) who ensures policies and procedures are in place, investigates concerns, supervises team around the Vulnerable person/child
  • there is a key person responsible for child protection so staff can report concerns
  • all adults working with Vulnerable people/children are DBS checked / not on a barred list
• A safeguarding policy will promote vulnerable people/children’s safety by ensuring:

  • all adults working with Vulnerable people/children who are not DBS checked are accompanied
  • the physical environment is safe for Vulnerable people/children, e.g. risk assessments are carried out, security measures are put in place
  • staff collaborate to share safeguarding information
• Safeguarding procedures will promote children’s safety by ensuring:

  • Risks are assessed and ways to reduce risks are put in place, e.g. aggressive residents/children have adequate supervision
  • DBS checks on all staff and volunteers to ensure they are safe to work with vulnerable individuals/children
  • work practices which reduce risks of abuse, e.g. lone working policy – two carers present when carrying out personal care, leaving doors open, wearing ID badges, having locks on entrances/exits
• Safeguarding procedures will promote children’s safety by ensuring:

  • ways of reporting suspicions or allegations of abuse, incidents, accidents e.g. nominated person responsible for safeguarding (designated safeguarding lead – DSL)
  • evaluating practices e.g. in light of reports of abuse, to review policies
• DBS- Disclosing and barring service

  • It involves the relevant authorities e.g. the police looking into an individual’s past and ensuring that they are safe to work with children and vulnerable adults and do not appear on a list of individuals who are barred from working with these service users
• Three types of DBS check

  • standard - checks for spent and unspent convictions, cautions, reprimands and warnings.
  • enhanced - same as standard but also checks additional information held by local police that is relevant to the role being applied for.
  • enhanced with list checks- same as enhanced check but also checks DBS barred list.
• Staff (staffing numbers, level of education)

  • Care standards (legal requirements) inform the manager about the minimum number of care staff required to provide satisfactory levels of care
  • Managers have to ensure that staff-individual ratios are correct
  • May mean staff have to complete double shifts or come in on days off
  • Another option is to bring in agency staff, but they might need more support- routine, procedures, patients
• Level of education

  • Certain aspects of care work may require specific qualifications and without these individuals will be unable to carry out a particular part of their job. 
  • Managers must ensure they are aware of every care worker’s level of education before allocating them to particular tasks. 
  • Relevant qualifications necessary must be advertised when advertising for staff.
  • Care workers who have English as a second language may find some aspects of their work challenging when communicating with others and this could affect the care an individual receives. 
• Premises (fire exits, accessibility)

  • Legislation, policies and procedures also influence location and type of building considered suitable for use as a care setting.
  • Before it is allowed to open, an inspector from the Care Quality Commission (CQC) will check that the building is safe and suitable for the people who will use the setting.
  • The location may cause a hazard if it on a busy road or very isolated.
  • Legislation is in place to ensure emergency exits, access meet the needs of everyone


  E.g. hearing loops, lower desks, ramps, lifts, braille, wider door ways, door security pads
• Practices (reporting & storage of information)

  • When the manager and senior staff are writing policies and procedures they need to know what the law requires and make sure that as long as they follow procedures, they will not break the law. 
  • The law requires certain incidents are logged and reported- RIDDOR,  H&S@WA
  • E.g. an accident book, staff absence of 3 days or more, notifiable diseases
  • Information must be stored in accordance with the Data Protection Act
• Implementation of policies/ procedures

  • health and safety management systems
  • workplace hazards and risk controls (risk assessment)
  • disposal of hazardous waste (e.g. needles, body waste, expired medication)
  • fire safety
  • asbestos
  • transport hazards
  • electrical safety
  • safeguarding
  • reporting of accidents
  • food safety
  • chemical and biological health hazards
  • lone working
  • storage and dispensing of medicines
  • security of premises, possessions, and individuals
• Policy 


  clear statement of intent of how an organisation intends to conduct it's services.
• Procedure

  details of how an organisation will put into action it's policies. E.g. detailing who is responsible for health and safety.
• Following policies and procedures

  • Policies must be monitored regularly to ensure they are keeping staff, visitors and service users safe.
  • On starting a new job, employees sign a contract. Which will usually include a clause requiring them to follow all procedures.
  • Managers should enforce this.
  • Staff not working to policies and procedures should initially be offered further training, but can then be disciplined for further breaches, even sacked. 
  • Managers have an enormous influence over the quality of care delivered if they are committed to high standards and enforce these
• consequences if policies and procedures are not followed by staff,  

  • Staff may be offered training courses or 
  • Face disciplinary action for not following the correct policies or procedures.
  • Verbal warning
  • Written warning
  • Final warning 
  • Dismissed (sacked / fired / let go)
• Health and safety at work act, how it's implemented in H&SC

  • Ensures adequate PPE
  • Ensures electrical equipment is PAT tested and safe to use
  • Provides induction training, that is annually updated
  • Make sure the building has adequate security systems
  • Ensures employees co-operate with their employer and follow H &S regulations
• Management of health and safety at work regulations, how it's implemented in H&SC

  • Appoints an employee as an health, safety and security lead
  • Risk assessments are carried out
  • All staff are trained and provided with information or supervision for workplace activities
• Data Protection Act, how it's implemented in H&SC

  • Attend staff training
  • keeping accurate records and safe storage of secure data
  • Hold staff meetings to share procedures
  • Ensure signed consent for data sharing
  • Review policies regularly
  • Shred or delete unecessary documents
• Control of substances hazardous to health, how it's implemented in H&SC

  • Wear apropiate PPE
  • Dispose waste using colour coded bags/ bins
  • Attend training and follow risk assessments
  • Follow procedures relating to correct storage, dispensing and disposal of medicines, chemicals and waste
• Manual handling operations regulations, how it's implemented in H&SC

  • staff must follow correct procedures for manual handling at all times
  • attend training
  • risk assessments carried out by employers
  • employers must write policies to explain the correct procedure of manual handling
  • equipment must be serviced regularly
  • use hoists when appropriate