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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
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.
Working together to achieve more…. www.neyhs.org.uk
North East & Yorkshire Healthcare Service
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.
HSE Inspections
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:
Notices
Orders to Prosecute
Duties of Employers
Provide, maintain safe plant and systems of work
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.
Duty of Employees!
Duties of Others!
Leadership
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.
Enforcement
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.
Enforcement Notices
Duty holders!
employers,
Employees.
self-employed people,
contractors
Purpose of Enforcement
Key Requirements
Key Requirements
The written health and safety policy statement
Businesses can now use one electronic form to complete their risk assessment,
health and safety policy and record of health and safety arrangements.
_________________________________________________________________
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
Key Requirements
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
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
Who Assesses!
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:
Working together to achieve more…. www.neyhs.org.uk
North East & Yorkshire Healthcare Service
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.
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,
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?
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.
Risk Profiling
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.
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
Have you learned from situations where things have gone wrong?
Working together to achieve more…. www.neyhs.org.uk
North East & Yorkshire Healthcare Service
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.
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.
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.
Check
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.
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;
Staff
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.
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.
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.
Be aware of the impact of your own behaviour on the client and the rest of
the team.
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 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
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.
Considerations to Manage
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?
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.
work-related stress
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.
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 focuses on the welfare of not just people, but also any equipment and
the premises and not forgetting the environment.
Thank you