The Management of Health and Safety at Work Act (amended 1999) The Management of Health and Safety at Work Regulations 1999 clarify in more general terms what employers are required to do to manage health and safety. If there is falls or injuries in the workplace it highlights the hazards and protects the employee against discrimination in the workplace. Exposure to hazardous agents such as dust, fumes, noise, vibration, radiation or harmful micro-organisms must be eliminated or adequately controlled.
All work equipment must meet essential safety requirements and safe systems of work must be established. Risks from work with Display Screen Equipment must be assessed and controlled, appropriate personal protective clothing and/or equipment should be provided free of charge. It also An employer’s main duty is to be aware of the risks imposed upon its personnel, visitors and themselves by the working operations by assessing the risks and asking questions like; “what are the risks”, “how bad are they” and “what do we do to reduce them”.
All employers have a duty to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees. They also have a duty to protect non-employees from risks arising out of their work activities. Employers must take and give effect to adequate arrangements for the effective planning, organisation, control, monitoring and review of protective and preventive measures.
Employees must take reasonable care of their own health and safety and that of others who may be affected by what they do or do not do; co-operate with their employer and others (eg. contractors on site) in meeting health and safety requirements; report any shortcomings in health and safety arrangements (consistent with their knowledge and training); and not interfere with or misuse anything provided to assure health, safety or welfare at work. The Control of Substances Hazardous to Health (COSHH) Regulations (2002) COSHH is the law that requires employers to control substances that are hazardous to health. Most businesses use substances, or products that are mixtures of substances. Some processes create substances.
COSHH covers substances that are hazardous to health. Substances can take many forms -Chemicals, products containing chemicals, fumes, dusts, vapours, mists, nanotechnology ,gases and asphyxiating gases and biological agents (germs). If the packaging has any of the hazard symbols then it is classed as a hazardous substance. Sometimes substances are easily recognised as harmful. Common substances such as paint, bleach or dust from natural materials may also be harmful. Employees or service users may breath in the harmful fumes, dust gas or mist.
They may have skin contact which could irritate and break out into a rash or infection. By injection into the skin by a sharp unsantized needle if not kept in a locked trolley and also swallowing. T prevent exposure to harmful chemicals may procedures are carried out e. g. using control equipment, eg total enclosure, partial enclosure, controlling procedures, e. g. ways of working, supervision and training to reduce exposure, maintenance, examination and testing of control measures; worker behaviour, making sure employees follow the control measures.
Employers are responsible for providing, replacing and paying for personal protective equipment. PPE should be used when all other measures are inadequate to control exposure. It protects only the wearer, while being worn, this includes respirators ,Protective gloves ,Protective clothing Protective footwear, Eye protection. Data Protection Act The Data Protection act controls how your personal information is given out my health professionals, organisations and by the government. It is also set to protect your privacy.
There is also a list of Data Principles which they have to follow on how they give out your personal information – used fairly and lawfully, used for limited, specifically stated purposes, used in a way that is adequate, relevant and not excessive, accurate, kept for no longer than is absolutely necessary, handled according to people’s data protection rights, kept safe and secure, not transferred outside the UK without adequate protection. If information is given out carelessly this can result in discrimination or abuse in both a workplace and care home setting.
For example if a care worker was to find out a service user was of a certain ethnic background or religion they may be mistreated. This mistreatment can include not being fed, bathed or talked to in an appropriate manner. Care homes protect the service users personal information by not giving out any personal information in person and also by phone. They are restricted to what information they give out, they are only allowed to give answers such as “they are comfortable”. The Manual Handling Operations Regulations
Aim to reduce the incidence and prevalence of musculoskeletal disorders place duties upon employers in respect of their own employees. Identical duties are placed on the self-employed in respect of their own safety. The Regulations do not impose duties on employers in relation to other persons, eg voluntary workers transporting patients for the health services. The employer’s duty is to avoid Manual Handling as far as reasonably practicable if there is a possibility of injury.
If this cannot be done then they must reduce the risk of injury as far as reasonably practicable. If an employee is complaining of discomfort, any changes to work to avoid or reduce manual handling must be monitored to check they are having a positive effect. However, if they are not working satisfactorily, alternatives must be considered. Incorrect use of manual handling is one of the most common causes of injury at work. There are many risks and hazardous to the service user and care worker associated with MHOR.
Restrictions on posture, bumpy, obstructed or slippery floors, variations in floor levels, hot/cold/humid conditions, gusts of wind or other strong air movements, poor lighting conditions, restrictions on movements from clothes or personal protective equipment (PPE) Before MHOR there should be a general risk assessment to ensure both persons safety. A risk assessment is about identifying and taking sensible and proportionate measures to control the risks in a workplace and nursing home etc. Employees and their representatives know first-hand what the risks in the workplace are.
They can probably offer practical solutions to controlling them. Though employees have duties too. They should follow systems of work in place for their safety, use equipment provided for their safety properly cooperate with their employer on health and safety matters, inform their employer if they identify hazardous handling activities, take care to make sure their activities do not put others at risk. The most common injuries that carers experience are back injuries, which affect more than a million people in the UK.
Hurting their back can limit their movement and how much they can care for someone. Lifting someone incorrectly can also damage fragile skin, cause shoulder and neck injuries, increase existing breathing difficulties, or cause bruising or cuts. Reporting of Injuries,Diseases and Dangerous Occurences Regulations (RIDDOR) 1997 RIDDOR (NI) ’97 requires the reporting of work-related accidents, diseases and dangerous occurrences. It applies to all work activities, but not to all incidents. It places a legal duty on the employers, self-employed and owner of the premises.
There are many reportable dangerous occurrences accidental release of a biological agent likely to cause severe human illness, malfunction of breathing apparatus while in use or during testing immediately before use, acute illness requiring medical treatment, or loss of consciousness arising from absorption of any substance by inhalation, ingestion or through the skin; acute illness requiring medical treatment where there is a reason to believe that this resulted from exposure to a biological agent or toxins or infected material.
The regulations require “responsible persons” to report deaths at work, major injuries caused by accidents at work, injuries to persons not at work that require hospital treatment, injuries arising from accidents in hospitals, and dangerous occurrences. Responsible persons are generally employers but also include various managers and occupiers of premises. Care Home Regulations
An employer should report the death of any service user, including the circumstances of his/her death;the outbreak in the care home of any infectious disease which in the opinion of any registered medical practitioner attending persons in the care home is sufficiently serious to be so notified; any serious injury to a service user; serious illness of a service user at a care home at which nursing is not provided; any event in the care home which adversely affects the well-being or safety of any service user; any theft, burglary or accident in the care home; any allegation of misconduct by the registered person or any person who works at the care home.