Develop health and safety and risk management policies procedures and practices in health and social care (M1)
1.1 – Explain the legislative framework for health, safety and risk management in the work setting. The Health and safety at Work etc. Act 1974 is the major piece of the health and safety legislation in Great Britain. It provides the legal framework to promote, stimulate and encourage high standards.
The Act, when first introduced, provided an integrated system dealing with workplace health and safety and the protection of the public from work activities. By placing general duties upon employees,employers,the self-employed,manufacturers,designers and importers of work equipment and materials, the protection of the law, rights and responsibilities are available and given to all at work.
Regulations made under the act have the same scope and provide the potential to achieve clear and uniform standards. Examples of such regulations are: The Management of Health& Safety at Work 1999
The Workplace(Health,Safety&Welfare)Regulations 1992
Duties of Employers
An employer has a general duty to, as far as is reasonable, safeguard the health, safety and welfare of employees by ensuring:- Plant and equipment are safe;
Safe handling,storage,maintenance and transport of articles and substances; Provide for employees information, instruction,training and supervision; A safe working environment and adequate welfare facilities;
Safe access and egress;
A safe system of work.
Where there are five or more employees, an employer has an absolute duty to provide a written health and safety policy and to ensure that all employees have seen it. 1.2 – Analyse how policies, procedures and practices in own
setting meet health, safety and risk management requirements The home recognises its health and safety duties under the Health and Safety at work Act 1974 and concomitant protective legislation as an employer. To that end the home has appointed a registered Manager as the person with responsibility for the Health and Safety Policy, its implementation and maintenance at the home. The Manager Will liase with the Health and Safety Executive, and any independent Health and Safety Consultant, where necessary, in order to keep the home updated on any new legislation i.e.EC Directives, Regulations and British Standards, in order to ensure continued compliance. In recognition of its duties under the reporting of injuries, Diseases and DangerousOccurrences Regulations 1985(RIDDOR), instituted a system for reporting accidents, diseases and dangerousoccurrences to the Health and Safety Executive, including injury to any trainee , in addition to its statutory duty to keep an Accident Book available for inspection by the Registering Body. The home proposes always to comply with its duties under section 2 of the Health and Safety at Work Act, towards its employees and, more particularly, so far as is reasonablypracticable, to: a) Provide and maintain a safe place of work, a safe system of work, safeappliances for work and a safe and healthy working environment;
b) Provide such information and instruction as may be necessary to ensure the health and safety at work of its employees and also compliance with the Health and Safety Information for Employees Regulations 1989, and to promote awareness and understanding of health and safety throughout the work-force;
c) Ensure safety and absence of health risks in connection with use, handling, storage and transport of articles and substances;
d) Provide training and ensure safety and minimise health risks in connection with the moving, lifting and handling of service users.
4.3 – Evaluate own practice in promoting a balanced approach to risk management Health and safety responsibilities in care homes derive in the main from the Health and safety at work etc. Act 1974 and associated regulations. Health and safety duties and responsibilities apply to the
employer of the home, staff and employees. In practice I as aman employer I delegate specific health and safety tasks to individuals, but I retain the ultimate responsibility; no matter who carries out the tasks all individuals or agencies directly affected should be involved in the development of a positive risk management plan that agrees the approach of risk, who identifies the risk and how identified risks will be managed. I would therefore maintain records, making clear who is responsible for tasks and confirming that they are being carried out effectively. Each assessment would identify a review date and include the signature of everyone involved in the assessments. The Health and Safety of staff, residents and visitors while on the home’s premises or involved in the home’s organised activities (e.g. church visits) must be protected as far as reasonably practicable. Risk assessments are undertaken for all activities and measures put in place to minimise or control risks. Empowerment and choice are fundamental principles; it is essential that the service user is at the centre (person centred approach) and that they have real choices over how they live their lives, with opportunities to do things in the way that they choose. There is a means of taking account of all views, individuals/family members, staffetcthat alongside of rights goes responsibility.It is based on the belief that shared decision making is the most effective, transparent and safe way to reach a decision that could be made at the time based on information available at that time. 4.4 – Analyse how helping others to understand the balance between risk and rights improves practice I implement human rights and human rights principles at the heart of policy and planning helping others to understand the balance between risks and their rights. Empowering staff and service users with the knowledge, skills and the home’s leadership and commitment to achieve human rights based approaches. Enabling meaningful involvement and participation of all key people. Ensuring clear accountability.
Non-discrimination and attention to vulnerable groups.
In employing a HRBA approach promotes service user involvement (DH 2008A; 2008B; 2009B) personal responsibility and upholds respects for the rights of others; whilst accounting for issues of equality and diversity. Risk assessments should not be a process which is done to a person. Rather, we as
a caring professionals strive to ensure that the process adopts a collaborative approach; collaborative in the sense that staff work, wherever possible, in collaboration with the service user with whom the assessment is concerned where possible, risk assessments are framed within a person – centred home incorporating the underlying human rights principles of fairness,respect,equality, dignity and autonomy ((FREDA). 5.1 – Obtain feedback on health, safety and risk management policies, procedures and practices from individuals and othersI will liase with the health and safety executive, and any independent health and safety consultants where necessary in order to keep the home updated on any new legislation i.e. directives, regulations and British standards, in order to ensure continued compliance. In terms of feedback on health and safety and risk management there are many forms of feedback. In supervision sessions I ask staff questions on our health and safety policy gaining feedback and improving staff knowledge; they also give me feedback on any incidents or accidents that haveoccurredand also any hazards they may have identified. This would also be reported to me instantly during the day it happened there may also be feedback from staff brought up in staff meetings then in turn I would do a risk assessment whenever a hazard or potential risk has been reported to me. There are also incident and accident forms for each individual service user which is accessible in their care plan to staff to fill out when an accident or incident has occurred. We also have an incident and accident report book for staff, visitors and service users.We complete monthly auditsin order to identify health and safety concerns so they can be dealt with swiftly. 5.2 – Evaluate the health, safety and risk management policies, procedures and practices within the work setting. It is recognised by myself as the manager of the home that I have a responsibility to ensure that all reasonable precautions are taken to provide and maintain safe and healthy working conditions which are compliant with all statutory requirements. As far as is reasonably practical I amcommitted to maintaining the health, safety and welfare of our staff and any other person who may be affected by the running of the home, including service users and visitors. I fully recognise responsibilities under the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999(MHSWR1999). Aim:Risk assessments are a legal requirement under Reg. 3
of the MHSWR1999 and I acknowledge that risk assessments should identify hazards and resulting risks to employees and any other person who may be affected by work activities.Accordingly, our aim is that risks assessments will be carried out wherever a hazard and potential risk is identified. Procedure: I will:
Undertake an assessment of risks to employees and any other who may be affected by work activities. Identify the measures needed to protect employees, service users and others. Review the assessments on a regular basis and make any necessary changes. Nominate a person or persons to risk assessments on a regular basis and encourage all staff to contribute to the reporting process. Implement any changes considered appropriate arising from the risk assessment and members of the staff team will be responsible for monitoring the implementation of the recommended controls. Provide information on hazards identified to all relevant personnel. Periodically review and monitor the validity of assessment undertaken. I will include the following as particular areas of potential hazard: Hazardous substances as identified within the COSH Regulations. Moving and handling of service users.
Equipment and machinery.
Working hazards (e.g. lighting, heating, trip hazards, access, sanitary arrangements). Emergencies
Violence or threats and abuse.
HEALTH AND SAFETY POLICY STATEMENT
I recognise health and safety duties under the Health and Safety at Work Act 1974 and contaminant protective legislation as an employer. To that end the home has appointed the registered Manager as the person with responsibility for the Health and safety policy, its implementation and maintenance at the home.
I as the manager will liaise with the health and safety executive, and any independent health and safety consultant, wherenecessary, in order to keep the home updated on any new legislation i.e. EC Directives, Regulations and
Britishstandards, in order to ensure continued compliance.
In recognition of its duties under the reporting of injuries, Diseases and Dangerous Occurrences Regulations 1985 (RIDDOR),the home has instituted a system for reporting accidents, diseases and dangerous occurrences to the health and safety Executive, including injury to any trainee, in addition to its statutory duty to keep an accident book available for inspection by the Registering body. The home proposes always to comply with all its duties under section 2 of the Health and Safety at Work Act, towards its employees and more particularly service users, so far as is reasonably practicable. 5.3 – Identify areas of policies, procedures and practices that need improvement to ensure safety and protection in the work setting. Policy and procedures that need improvement to ensure safety and protection in the home, a more robust outlook on auditing and a review of performance needs to be taken and we will take action more quickly when there is an identified risk so that the overall safety and health performance improves constantly. The home can learn from relevant experience and apply the lessons. There should be a symptomatic review of performance based on monitoring and from audits of the whole safety and health management systems, ensuring that staff are more aware of health and safety policies and procedures and record them accurately. 5.4 – Recommend changes to policies, procedures and practices that ensure safety and protection in the work setting I will recommend that risks assessments are carried out on a regular basis and as risks change the necessary improvements are made to keep the safety and health management systems up to date and that staff need to be more aware of policies and procedures and practices in the work place. I will also recommend monitoring the impact of safety and health training and the impact it has on staff and their understanding, to be assessed in the form of a questionnaire.I will also recommend that names of responsibilities of named persons need to be clearly outlined in Risk Assessments and Management procedures to ensure staff report appropriately to assigned persons.