Procedures and Practices in Health and Social Care or Children and Young People’s Settings
Bumuo ng kalusugan,kaligtasan at patakaran sa pamamahala sa peligro, Pamamaraan at kasanayan sa kalusugan at panlipunang pag-aalaga, o sa mga bata at mga kabataan
The legislative framework for health and safety:
Difference between two types of legislation. The ACT and REGULATION.
An act is passed by Parliament, which is the highest form of law in the land. An act of parliament is the primary legislation of the UK. A law is considered to be an act when it has already been duly passed by a legislative body. It is for this reason that certain acts vary from one state to another.
A regulation, on the other hand, is one that is approved by a group of individuals based on an act that has already been passed. These regulations are based on the act that has been approved and served as a means to make the act a lot easier to follow and adhere to. Delegated or secondary legislation allows the Government to make changes to the law using powers confered by an Act of Parliament.
Health and Safety at Work Act 1974
The Health and Safety at Work Act 1974 , also referred to as HSWA, HSW Act or HASAWA, is the primary piece of legislation covering occupational health and safety in Great Britain. The Health and Safety Executive with local authorities (and other enforcing authorities) is responsible for enforcing the Act and a number of other Acts and Statutory Instruments relevant to the working environment.
General duties of the act:
• To maintain or improve standards of health and safety at work, to protect other people against risks arising from work activities, to control the storage and use of dangerous substances and to control certain emissions into the air.
• Contains the duties placed upon employers with regard to their employees.
• Places duties on employers and the self-employed to ensure their activities do not endanger anybody (with the self-employed that includes themselves), and to provide information, in certain circumstances, to the public about any potential hazards.
• Places a duty on those in control of premises, which are non-domestic and used as a place of work, to ensure they do not endanger those who work within them.
• Places duties on manufacturers, suppliers, designers, importers etc. in relation to articles and substances used at work.
• Places duties upon employees.
• Places a duty on everyone not to intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety and welfare.
• Provides that an employer may not charge his employees for anything done, or equipment provided for health and safety purposes under a relevant statutory provision.
It also establishes the Health & Safety Commission (HSC) and Executive (HSE), lays out the systems for enforcing the act, including the penalties for breaches of law and is the source of Crown immunity.
The Health and Safety Commission (HSC) is responsible for health and safety regulation in Great Britain. The Health and Safety Executive (HSE) (and local authorities) are the enforcing authorities who work in support of the HSC. Both are statutory bodies, established under the Health and Safety at Work etc Act 1974 (the HSW Act).
HSC’s statutory functions include conducting and sponsoring research; promoting training; providing an information and advisory service; and submitting proposals to Ministers for new or revised regulations and approved codes of practice. HSE advises and assists HSC and has specific statutory responsibilities of its own, notably for enforcing health and safety law.
Management of Health and Safety at Work Regulations 1999 (amended 2003)
These Regulations require an employer to implement preventive and protective measures on the basis of general principles of...