Understand own responsibilities, and responsibilities of others, relting to health and safety in the work setting.
1. Identify legislation relating to general health and safety in a health or social care work setting.
The European Parliament issues Directives on all legislation, including Health & Safety. 1989 saw six Health & Safety Directives issued. They had to be applied as law by each of the Member countries. By authority given to the Secretary of Sate these Directives became Regulations enforceable from January 1st 1993. The Health & Safety at Work etc Act is the ʺparentʺ of all UK Health & Safety legislation.
THE HEALTH & SAFETY AT WORK ACT (HSWA) 1974
This Act covers all people at work, including those working in Registered Care Homes. The only exception being domestic workers in private employment. The Act extends to the prevention of risks to the health and safety of the general public. The HSWA includes the following general objectives:
• To secure the health, safety and welfare of all persons at work; • To protect others from the risks arising from workplace activities; Some duties are qualified by so far as is reasonably practicable which, at its simplest is striking a reasonable balance between an existing risk and the cost involved with reducing it to an acceptable level.
THE MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999.
These Regulations have no civil liability. They impose only criminal liability. A breach of these Regulations may lead to prosecution in the Magistrateʹs Court or the Crown Court. Their main purpose is to provide a broad framework within which the remaining Regulations are set by creating General Duties on employers, employees and the self‐employed.
Outline the main health and safety responsibilities of:
All employees have a duty under Section 7 to look after the health and safety of themselves and others.
• the employer or manager
There is a general duty under Sections 2 and 3 to ensure the health, safety and welfare of all employees at work. Specific duties include: • The provision and maintenance of plant and systems of work that are safe and without risks to health. • Making arrangements for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances. • The provision of information, instruction, training and supervision to ensure health and safety. • The maintenance of a safe workplace, with safe access to and egress from it. • The provision and maintenance of a safe working environment and adequate arrangements for welfare at work. Employers have a duty to prepare and revise as necessary a Statement of Health and Safety Policy and to consult with safety representatives. They have a duty not to charge employees in respect of anything done or provided to ensure legal compliance. Duties of employers towards people other than their own employees include the following: • Non‐employees not to be exposed to risks so far as is reasonably practicable; • Non‐employees to be provided with prescribed information which might affect their health and safety. In a Registered Care Home it should be especially noted that particular care must be exercised because so many aspects of the work involve the Health & Safety, not only of the employees, but also of the residents and the visiting public as well.
• others in the work setting
Section 8 states that no person (i.e. not just employees) shall knowingly, intentionally or recklessly misuse, abuse or interfere with anything provided in the interests of health and safety. Machine safeguards clearly fall under this section. It therefore follows that, should any member of staff be found to be interfering with these devices, and they have been provided with the necessary information, training and adequate supervision to use the machine correctly, disciplinary action should follow.
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