Health and Safety
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Unit 4222-306 Promote and implement health and safety in health and social care
1.1
Health and safety legislation and regulations
Health and Safety at Work Act 1974
The Act covers a wide range of issues relating to workplace health, safety and welfare across different sectors. Statutory instruments have developed to support the implementation of the Act and provide an interface with European regulations. The HSE holds enforcement powers which can result in unlimited fines and prison sentences. Employees have a general obligation under the Act to take care of others and cooperate with employers’ health and safety requirements.
Manual Handling Operations Regulations 1992 (amended 2002)
Manual handling is a major issue for care providers as people with limited mobility need to be assisted safely to move and transfer. It is important this is done in a way that respects the dignity of the individual. While employers are required to ensure that they comply with the regulatory framework, this does not mean that an individual's human rights can be disregarded. What is required is a balanced approach that reduces risks for workers while at the same time maintaining the dignity, privacy and autonomy of those they are caring for. The problem of lifting an overweight person, for example, must be solved not ignored. For example, a county council, concerned for the health of its employees, imposed a blanket ban on manual lifting of people using services. Unfortunately this resulted in certain people not receiving the community care to which they were entitled. The court held that the guidelines on manual lifting did not prohibit manual handling of people, nor operate a cut-off above which they would be too heavy to lift manually. Failure to lift these people could leave them stuck in a bath or on a lavatory, or suffering from bedsores. This created a potential breach of Article 3 of the HRA (the right not to be subject to inhuman or degrading treatment). Care workers'...
1.1
Health and safety legislation and regulations
Health and Safety at Work Act 1974
The Act covers a wide range of issues relating to workplace health, safety and welfare across different sectors. Statutory instruments have developed to support the implementation of the Act and provide an interface with European regulations. The HSE holds enforcement powers which can result in unlimited fines and prison sentences. Employees have a general obligation under the Act to take care of others and cooperate with employers’ health and safety requirements.
Manual Handling Operations Regulations 1992 (amended 2002)
Manual handling is a major issue for care providers as people with limited mobility need to be assisted safely to move and transfer. It is important this is done in a way that respects the dignity of the individual. While employers are required to ensure that they comply with the regulatory framework, this does not mean that an individual's human rights can be disregarded. What is required is a balanced approach that reduces risks for workers while at the same time maintaining the dignity, privacy and autonomy of those they are caring for. The problem of lifting an overweight person, for example, must be solved not ignored. For example, a county council, concerned for the health of its employees, imposed a blanket ban on manual lifting of people using services. Unfortunately this resulted in certain people not receiving the community care to which they were entitled. The court held that the guidelines on manual lifting did not prohibit manual handling of people, nor operate a cut-off above which they would be too heavy to lift manually. Failure to lift these people could leave them stuck in a bath or on a lavatory, or suffering from bedsores. This created a potential breach of Article 3 of the HRA (the right not to be subject to inhuman or degrading treatment). Care workers'...