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North East & Yorkshire Healthcare Service

Health & Safety

Health & Social Care


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Course Content
 Introduction
 What is Health & Safety
 Management of Health & Safety Regulations 1999
 Understanding the Legal Framework
 Duties of Employers / Employees
 Leadership
 Importance of Enforcement
 Key requirement's of current Legislation

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Course Content Continued:

 Risks & Hazards


 Understanding Risk Assessments
 Manage Key elements of Health & Safety in the workplace
 Safely Manage Systems / Risk Profiling
 Plan, Do, Check, Act
 Staffing
 Assessment

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What is Health & Safety

The Health and Safety at Work Act is legislation introduced by an Act


of Parliament, which is designed to protect the health and safety of
people at work including anyone on the premises who may be
affected by the work activities. It provides the legal framework to
promote, and encourage high standards within the workplace.
The Health and Safety at Work Act is the law and must be adhered
to. Anyone who contravenes the legislation can result in fines or
imprisonment this can be a company, management or and
individuals.
The legislation is then broken down into regulations which give the fine
detail for implementation.

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Legal Framework
 The HSW Act is based on the principle that those who create risks to employees
or others in the course of carrying out work activities are responsible for
controlling those risks.

 The Act and associated legislation also place duties in certain circumstances on
others, including landlords, licensees and those in control of work activities,
equipment or premises.

 Under the main provisions of the Act, employers have legal responsibilities in
respect of the health and safety of their employees and other people who may
be affected by their undertaking and exposed to risks as a result.

 Most duties are expressed as goals or targets which are to be met ‘so far as is
reasonably practicable’, or through exercising ‘adequate control’ or taking
‘appropriate’ (or ‘reasonable’) steps. Qualifications such as these involve making
judgments as to whether existing control measures are sufficient and, if not,
what else should be done to eliminate or reduce the risk.
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 The main duties placed on employers and the self-employed under sections
2 and 3 of the Act, for example, are qualified by the phrase ‘so far as is
reasonably practicable’.

 This means balancing the level of risk against the measures needed to
control the risk in terms of time, money or trouble. Control measures should
be adopted unless they are grossly disproportionate to the risk.

 This judgment is an essential part of the risk assessment process and will be
informed by approved codes of practice, published standards and HSE or
industry guidance where available.

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HSE Inspections

 The main object of inspection is to stimulate compliance with health and


safety legislation and to ensure that a good standard of protection is
maintained.

 Inspectors have, and make use of, important statutory powers.

 They can enter any premises where work is carried out without giving notice,
although they will often visit by prior arrangement.

 They can talk to employees and safety representatives, take photographs and
samples, and impound dangerous equipment and substances.

 If they are not satisfied by the levels of health and safety standards being
achieved, they have several means of obtaining improvements:

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Notices

 Verbal or written information and advice.


 Improvement or prohibition notices:
 ▬ An improvement notice requires a contravention to be remedied within
a specified time.
 ▬ A prohibition notice is issued if there is, or is likely to be, a risk of
serious personal injury, and it requires an activity to be stopped
immediately or after a specified time unless remedial action is taken.
 ▬ There is a right of appeal to an employment tribunal; improvement
notices are suspended pending the hearing of the appeal but a
prohibition notice remains in force unless the tribunal directs
otherwise.

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Orders to Prosecute

 Prosecution in the criminal courts for the most serious failings:


▬ In England and Wales most cases are heard by magistrates who may, for
 certain serious offences, impose a maximum fine of £20 000 and a
custodial sentence of up to 12 months. Some cases are referred to the
Crown Court where custodial sentences of up to two years can be given
and there is no limit on the fine that may be imposed.
 ▬ In Scotland cases are taken in the sheriff courts either on summary
procedure or on solemn procedure before a jury. The same penalties
apply as in England and Wales.
 ▬ A prosecution may also be brought against individuals and
corporate bodies.

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Duties of Employers
 Provide, maintain safe plant and systems of work

 To handle, store and transport safely any chemicals or substances

 Ensure a safe place of work; provide training, supervision, and information.

 Provide a safe environment with the necessary welfare facilities.

 Enable for recognised Trade Unions power to appoint Safety Representatives from the
employees and a Safety Committee

 If a company employs more than 5 employees they must have a Health and Safety policy. This
must be under constant revision.

 Employers must ensure that the environment or work activities do not put members of the
public or visitors in danger or at risk.

 Employers cannot charge employees for anything they need to provide under the Act, which
provides for the health and safety of all.

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Duty of Employees!

 Under the Act employees have a legal duty to ensure:


 To take care of their own health and safety whilst at work.
 Ensure the safety of others whilst at work.
 They co-operate with their employer as far as necessary to
enable the employer to execute their duties under the Act.
 They do not interfere or tamper with anything, which has been
provided for health and safety purposes. This is an offence
under the Act.

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Duties of Others!

 People who are in charge of the work environment also have


responsibly to ensure as far as is reasonably practicable
premises are kept safe and free from health risks.
 Anyone who manufactures, designs, and supplies a product for
use at work must also give sufficient information on their
products to ensure there is no risk from it.
 People who are self employed must not put others at risk by
their work practice.

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Leadership

 Leadership is a process that involves influence; and

 Leadership occurs in groups and involves common goals and purpose.

 On the basis of the above, leadership may be defined as ‘a process whereby


an individual influences a group of individuals to achieve a common goal’
(Northouse, 2010,). Further, Kelloway & Barling (2010) define leadership as a
process of social influence that is enacted by individuals in formal positions
of power or leadership positions within an organisation, such as managers
and supervisors.

 Although leadership is not confined to individuals in formal leadership


positions, it is argued that these individuals may have a particularly wide
remit of influence within an organisation (Kelloway & Barling, 2010).

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Leadership Exercise:
Restbed Lodge is a 65 bedded unit that has an occupancy of 40%

 Both CQC and Social Services have identified that significant improvements
need to be made. Social Services are no longer referring clients to the
home.

 There has been a distinct lack of leadership thus the staff attitude to
Health & Safety is poor .

 Bill smith A manager for only 2 years in care has been appointed to bring
the home back into focus.

 How would Bill get the home back into Focus??

 Consider: Knowledge, Skills, Values, Leadership Skills, Strengths,


Weaknesses

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Enforcement

 HSE believes in firm but fair enforcement of health and safety


law.
 This should be informed by the principles of proportionality in
applying the law and securing compliance; consistency of
approach; targeting of enforcement action; transparency about
how the regulator operates and what those regulated may
expect; and accountability for the regulator’s actions.
 These principles should apply both to enforcement in
particular cases and to the health and safety enforcing
authorities’ management of enforcement activities as a whole.

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Enforcement Officers / Inspectors

 Inspectors who are employed by the Health and Safety Executive (HSE)
enforce the Health and Safety Act.
 They enforce the act in England Scotland and Wales.
 They are empowered to inspect factories, Hospitals, workshops, and
construction sites
 Within the service industries i.e. shops, offices, catering establishments
the legislation is enforced by the local authorities, Commissioning bodies
& Environmental Departments.
 Their inspectors are called Commissioning Officers or can be
Environmental Officers who have the same power as the HSE inspectors.

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 The Inspectors have a wide range of powers to enable them to


do their job effectively. They are allowed to:

 Gain access to premises without a warrant at any time.


 Conduct investigations and examinations as seen fit.
 Take photographs, measurements and samples.
 Take statements, records and documents
 Give advice as appropriate

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Enforcement Notices

If there has been a contravention of HASAWA a legal notice is or may


be issued.
 The Improvement Notices: May be served which state what must be
improved and what timescale.
 The Prohibition notices: May be served where there is a risk to personal
injury. The effect is immediate and can stop a production or close
premises.
 If the Inspectors consider there has been no attempt made to comply
with their advice an Inspector can implement legal proceedings, which
can result in prosecution, which can result with unlimited fines or
imprisonment or both.

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Duty holders!

 Dutyholder is the generic term for a person or organisation with


responsibilities under health and safety law.
 Dutyholders include:

 employers,

 Employees.

 self-employed people,

 contractors

 Voluntary & Paid Committees

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Purpose of Enforcement

 ensure that dutyholders take action to deal immediately with serious


risks;
 promote and achieve sustained compliance with the law;
 ensure that dutyholders who breach health and safety requirements, and
 directors or managers who fail in their responsibilities, may be held to
account, which may include bringing alleged offenders before the courts in
England and Wales, or recommending prosecution in Scotland, in the
circumstances set out later in this policy.
 Enforcement is distinct from civil claims for compensation and is not
undertaken in all circumstances where civil claims may be pursued, nor to
assist such claims.

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Key Requirements

 Sensible Risk Management – example risk assessments


 To develop the culture of health and safety at work – providing accessible advice and
guidance and encouraging effective risk management through proportionate risk
assessment
 Example Risk Assessments help small businesses think through some of the hazards
in their business and identify the steps they need to take to control the risks.
_____________________________________________________________________________

 Lifting Operations and Lifting Equipment Regulations


 Producing new guidance to clarify examination of equipment requirements
 Businesses are clearer about when to examine lifting equipment and fork lift trucks.

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Key Requirements
 The written health and safety policy statement

 Electronic risk assessment template

 Producing an electronic template for the statement

 Businesses can now use one electronic form to complete their risk assessment,
health and safety policy and record of health and safety arrangements.

_________________________________________________________________

Control of Substances Hazardous to Health Regulations

Rationalising and improving guidance, making it more accessible and reducing risk
assessment costs

The new COSHH website, guidance and example risk assessments make it easier for
businesses to understand what they have to do to control the risks from chemicals

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Key Requirements

 Good practice guidance on worker involvement

 Clarifying requirements on providing health and safety information to


safety representatives

 Businesses can find out easily what they have to do to improve dialogue
and cooperation between employers and workers without having to pay for
external services

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Core elements managing Health &


Safety
 Common-sense and practical approach. It should be part of the
everyday process of running an organisation and an integral part
of workplace behaviours and attitudes.
 Whatever your industry, or the size or nature of your organisation,
the keys to effectively managing for health and safety are:
 leadership and management (including appropriate business
processes)
 a trained/skilled workforce operating
 an environment where people are trusted and involved

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Managing Business Risk

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Risks & Hazards

You have a legal duty to consider risks in your business


and to do what you reasonably can to deal with the
risks.

 Health and Safety at Work etc. Act 1974


 Management of Health and Safety at Work Regulations 1999

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Why Risk Assess?


The assessment process involves analysing tasks carefully to establish the level
of hazards and risks involved in any particular job.
Risk assessments must be carried out in every workplace. Managers who are
up to date with the legal requirements and have an extensive knowledge of
the job do the Assessment. A risk assessment involves looking at a job and
making a judgement about the risks and hazards involved. Staff will be
included in the process.
 You have to make sure;
staff and the public are properly protected
you focus on reducing real risks – those which arise more often and those with
serious consequences
staff understand that as well as the right to protection, they also have
responsibilities
you are managing work processes as efficiently and safely as possible
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Differences between Risks & Hazards?

 What is a Hazard?
 a hazard is anything that may cause harm.
 Such as chemicals, electricity, working from ladders, an
open drawer etc
 What is Risk?
 The risk is the chance, high or low, that somebody
could be harmed by hazards, together with an
indication of how serious the harm could be

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Understanding Risk Assessment

 A risk assessment is a careful examination of what in your


work could cause harm to people, so that you can decide if you
have taken enough precautions or should do more to prevent
harm.

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Control The Hazard

 For each hazard;


 write down what the hazard is, why it is important and what
controls are in place to manage it,
 compare the controls to the good
 practice guidance on HSE’s, or other industry regulators
websites, or discuss with senior staff or manager
 if they are not good enough write down what else needs to be
done to control the risk.

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Implement your Controls!

 Discuss your and the other findings with staff.


 Pin the risk assessment up in the staff room for everyone to see.
 Plan how and when you will do any necessary work.
 Train staff if necessary.
 Regularly review
 Review and update the risk assessment every year, or straight
away if major changes happen or an accident occurs which
highlights a weakness.

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Sensible Risk Assessment is NOT About

 Creating a totally risk free society


 Generating useless paperwork mountains Scaring people by
exaggerating or publicising trivial risks
 Stopping activities where the important risks are managed

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Who Assesses!

Who should carryout the Risk Assessment?

 Trained risk assessor


 Manager
 Line Manager
 Responsible person at that time

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Exercise:
 You are assessing an 45 year old male called Peter has acute Learning
disabilities.
 As part of his care package which is Independent Supported Living
(ISL). Peter wants to maintain his independence as much as possible
and wants minimum intervention applied. As part of his daily
activities. You are to assess Peter in making a cup of Tea.
 Think of the Hazards
 Think of the Risks
 Think of Control Measures
 On completion in your groups discuss how you made decisions and
how this was measured:
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Attitude!
All employers and employees must have a positive attitude to Health
and Safety within the workplace and they have a duty to keep it in a
safe condition.
All staff need to have an induction, which includes fire safety, location
of first aid box.
You must report any hazard or faulty appliance or damaged property
immediately.
Report any accident or injury no matter how serious.
Always be aware of the dangers around you look out for defective
equipment, blocked exits, fumes. Training and Supervision is
paramount and should be up to date. Use the personal protective
equipment as provided and to the recommended specifications.

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5 Steps to Good Assessments


1. Identify the Hazards
 Walk Around your workplace. Look at what could reasonably
cause harm
 Ask Your Employees. Do they notice things that may not be
obvious to you!
 Check Manufacturers Guidance. or data sheets for chemicals
and equipment as they spell out the hazards and putting them
in their true perspective
 Think of Long term Hazards. Things such as regular activities
that are assessed on an annual basis
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Step 2
 2. Decide Who might be harmed and why

 For each hazard you need to be clear about who might be harmed; it
will help you identify the best way of managing the risk. That doesn’t
mean listing everyone by name, but rather identifying groups of
people (eg ‘people working in the Laundry’ or ‘passers-by’).
 some workers may have particular requirements,

eg: new and Young workers, Expecting mothers, Lone Workers or


people with disabilities may be at particular risk.

Extra thought will be needed for some hazards;, visitors, contractors,


maintenance workers etc, who may not be in the workplace all the time

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Step 3
3. Evaluate the risks and decide on precautions
 Having spotted the hazards, you then have to decide what to do
about them. The law requires you to do everything ‘reasonably
practicable’ to protect people from harm. You can work this out for
yourself, but the easiest way is to compare what you are doing with
good practice.
 First, look at what you’re already doing, think about what controls
you have in place and how the work is organised. Then compare this
with the good practice and see if there’s more you should be doing
to bring yourself up to standard. In asking yourself this, consider:
 Can I get rid of the hazard altogether?

 If not, how can I control the risks so that harm is unlikely?


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Step 4
4. Record your findings and implement them
 Putting the results of your risk assessment into practice will make a
difference when looking after people and your business.
 Writing down the results of your risk assessment, and sharing them
with your staff.
 A risk assessment needn't be perfect, but it must be suitable and
sufficient.

However on completing a risk assessments it is not just about about


writing of information. You need to justify your assessment in a way
that demonstrates that all factors have been taken into account:

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4: You must Demonstrate!

 A proper check was made;


 You asked who might be affected;
 You dealt with all the obvious significant hazards, taking into
account the number of people who could be involved;
 The precautions are reasonable, and the remaining risk is low;
and
 You involved your staff or their representatives in the process.

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Step 5 Review Your Assessment


 Few workplaces stay the same. Sooner or later, you will bring in new
equipment, substances and procedures that could lead to new
hazards. It makes sense therefore, to review what you are doing on
an ongoing basis.
 Look at your risk assessment and think about whether there have
been any changes? Are there improvements you still need to make?
Have your workers spotted a problem? Have you learnt anything
from accidents or near misses? Make sure your risk assessment stays
up to date.
 It’s all too easy to forget about reviewing your risk assessment – until
something has gone wrong and it’s too late. During the year, if there
is a significant change, don’t wait: check your risk assessment and
where necessary, amend it.
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Bad Assessments Result In


 Through the lack of or poor assessments, The ratio of fatalities to injuries is higher
for electrical accidents than for most other categories of injury and the chances of a
fatality are 1:30 as opposed to other accidents where there is a 1:800 chance of a
fatality. The consequences of coming into contact with electricity are; -
 Electrical burns which result from the heating effect of the current, which burns the
body tissues or even heart stops.
 Fire, which is caused by overheating of apparatus in contact with fuel.

Electrical failures are most commonly caused by: -


 Damaged insulation Inadequate systems of work
 Inadequate earthing Carelessness and complacency
 Poor maintenance and testing inadequate overcurrent protection e.g. fuses, circuit
breakers
 Loose and unprotected connectors.

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Risk Profiling

 The risk profile of an organisation informs all aspects of the approach to


leading and managing its health and safety risks.

 Every organisation will have its own risk profile. This is the starting point for
determining the greatest health and safety issues for the organisation. In
some businesses the risks will be tangible and immediate safety hazards,
whereas in other organisations the risks may be health-related and it may be
a long time before the illness becomes apparent.

 The outcome of risk profiling will be that the right risks have been identified
and prioritised for action, and minor risks will not have been given too much
priority. It also informs decisions about what risk controls measures are
needed.

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A risk profile examines:

 The nature and level of the threats faced by an organisation


 The likelihood of adverse effects occurring
 The level of disruption and costs associated with each type of
risk
 The effectiveness of controls in place to manage those risks

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Plan – Do – Check - Act

 HSE encourages a common-sense and practical approach to


managing health and safety. It should be part of the everyday
process of running an organisation and an integral part of
workplace behaviours and attitudes.
 Whatever your industry, or the size or nature of your
organisation, the core elements to effectively managing for
health and safety are:
 leadership and management;
 a trained/skilled workforce;
 an environment where people are trusted and involved.
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Questions to ask ???????


 What are the strengths and weaknesses of your organisation’s health and
safety performance, and are there any barriers to change?

 How reliable and sustainable for the future are the measures currently in
place?

 If your organisation is getting risk control right, why is that? For example,
does performance depend on one person’s dedication and enthusiasm or is
it a key

 value across the organisation?

 If there are problems, what are the underlying reasons, eg competence,

 resources, accountability, or lack of engagement with the workforce?

 Have you learned from situations where things have gone wrong?
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Plan

 Think about where you are now and where you need to be.

 Say what you want to achieve, who will be responsible for what, how you
will achieve your aims, and how you will measure your success. You may
need to write down this policy and your plan to deliver it.
 Decide how you will measure performance. Think about ways to do this
that go beyond looking at accident figures; look for active indicators as well
as reactive indicators.
 Consider fire and other emergencies. Co-operate with anyone who shares
your workplace and co-ordinate plans with them.
 Remember to plan for changes and identify any specific legal requirements
that apply to you.

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Do
 Identify your risk profile

 Assess the risks, identify what could cause harm in the workplace, who it could harm and how, and what
you will do to manage the risk.

 Decide what the priorities are and identify the biggest risks.

 Organise your activities to deliver your plan In particular, aim to:


 Involve workers and communicate, so that everyone is clear on what is needed and can discuss issues –
develop positive attitudes and behaviours.

 Provide adequate resources, including competent advice where needed.

 Implement your plan


 Decide on the preventive and protective measures needed and put them in place.

 Provide the right tools and equipment to do the job and keep them maintained.

 Train and instruct, to ensure everyone is competent to carry out their work.

 Supervise to make sure that arrangements are followed.

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Check

 Measure your performance

 Make sure that your plan has been implemented – ‘paperwork’ on its own is not
a good performance measure.

 Assess how well the risks are being controlled and if you are achieving your aims.

 In some circumstances formal audits may be useful.

 Investigate the causes of accidents, incidents or near misses

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Act
 Review your performance

 Learn from accidents and incidents, ill-health data, errors and relevant
experience, including from other organisations.
 Revisit plans, policy documents and risk assessments to see if they need
updating. Take action on lessons learned, including from audit and
inspection reports
 You may need to go round the cycle more than once, particularly when:

 starting out;

 developing a new process, product or service; or implementing any


change.

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Staff

 All workers are entitled to work in environments where risks to


their health and safety are properly controlled. Under health
and safety law, the primary responsibility for this is down to
employers.
 Worker s have a duty to take care of their own health and
safety and that of others who may be affected by your actions
at work. Workers must co-operate with employers and co-
workers to help everyone meet their legal requirements .
 Employers have a duty to consult with their employees, or
their representatives, on health and safety matters.

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Risks to staff

 Unpredictable client behaviour: most people who have a mental illness are
not violent but a small number sometimes display violence as a symptom of
their mental illness.

 Verbal abuse and harassment, including racial and personal abuse.

 Physical assaults.

 Threats of physical violence, including the use of weapons. Staff have also
seen weapons or drug-related items in the homes of some clients. This can
cause great concern.

 Intimidating behaviour.

 Staff being shut in a room and not allowed to leave.

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Control Measures example!

 You, as an individual, matter. Your safety is important.

 You can influence the outcome of a situation. There are three factors in a
violent situation that interact: the aggressor, the victim and the context.

 Protect your own space.

 Be aware of the impact of your own behaviour on the client and the rest of
the team.

 The emphasis is on recognition, prevention, and psychological responses


and interventions.

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Lone Workers

 The Health and Safety at Work etc Act 1974: Section 2 sets out a duty of
care on employers to ensure the health, safety and welfare of their
employees whilst they are at work.

 The Management of Health and Safety at work Regulations 1999:


Regulation 3 states that every employer shall make a suitable and sufficient
assessment of –

 The risks to the health and safety of his employees to which they are
exposed whilst they are at work; and

 The risks to the health and safety of persons not in his employment arising
out of or in connection with the conduct by him of his undertaking

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Lone working
 Although there is no general legal prohibition on working alone, the
broad duties of the HSW Act and MHSW Regulations still apply.
These require identifying hazards of the work, assessing the risks
involved, and putting measures in place to avoid or control the risks.
 Control measures may include instruction, training, supervision,
protective equipment etc. Employers should take steps to check that
control measures are used and review the risk assessment from time
to time to ensure it is still adequate.
 Lone workers should not be at more risk than other employees. This
may require extra risk-control measures. Precautions should take
account of normal work and foreseeable emergencies, e.g. fire,
equipment failure, illness and accidents.

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Considerations to Manage

 Does the workplace present a special risk to the lone worker?

 Is there a safe way in and a way out for one person? Can any temporary access
equipment which is necessary, such as portable ladders or trestles, be safely
handled by one person?

 Is there a risk of violence?

 Are women especially at risk if they work alone?

 Are young workers especially at risk if they work alone?

 Is the person medically fit and suitable to work alone?

 What happens if the person becomes ill, has an accident or there is an


emergency?

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New & Expectant Mothers

 the Management of Health and Safety at Work Regulations 1999 (MHSW)


which require employers to protect the health and safety of new and
expectant mothers;

 the Workplace (Health, Safety and Welfare) Regulations 1992 which require
employers to provide suitable rest facilities;

 the Equality Act 2010 which provides protection to pregnant women and
those on maternity leave against discrimination. Depending on the
circumstances, this can include failing to carry out a risk assessment under
MHSW regarding a pregnant worker.

 These regulations cover female employees of childbearing age and expectant


or new mothers, including those who are breastfeeding.

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Known Risks to Assess


 You may be at risk from processes, working conditions or physical, biological
and chemical agents and these risks will vary depending on your health, and at
different stages of your pregnancy. Some of the more common risks might be:
 lifting/carrying heavy loads

 standing or sitting still for long lengths of time

 exposure to infectious diseases

 exposure to toxic chemicals;

 work-related stress

 threat of violence in the workplace

 long working hours

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Action

 When the employer has been informed in writing that you are
pregnant, they may want to revisit their original, general risk
assessment. If the risk cannot be removed, your employer must:
 Action 1: temporarily adjust your working conditions and/or
hours of work – if that is not possible;
 Action 2: you should be offered suitable alternative work (at the
same rate of pay) if available – if that is not feasible;
 Action 3: you should be suspended from work on paid leave for as
long as necessary, to protect your health and safety, and that of
your baby.

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Conclusion

 Health & Safety is the responsibility of not just the Employer but all staff to
include management but each and every individual concerned in the
workplace.

 This is wether it be staff, Management, Contractors or even Visitors who have


a responsibility for both themselves as well as others.

 This focuses on the welfare of not just people, but also any equipment and
the premises and not forgetting the environment.

 Always remember Health & Safety is in place for a reason.


 What is this reason?

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 Please complete Feedback questionnaire

 Thank you

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