Premier Homecare North Wales Ltd - PHNW · The Workplace (Health, Safety and Welfare) Regulations...

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Premier Homecare North Wales Ltd

Health and Safety


LEGAL FRAMEWORK

As a result of the Robens Report, a new philosophy to Health and Safety

legislation was introduced. Prior to this, any legislation tended to be reactive but all this was to change

with the introduction of the Health and Safety at Work Act 1974.

The act introduced general duties and responsibilities for both Employers and Employees. This is still the primary piece of legislation today.

STRUCTURE OF LEGISLATION THE HEALTH & SAFETY AT WORK ACT 1974 Umbrella Act making general H & S provisions LAW Puts general duties on a range of people REGULATIONS Additional laws made under HSAWA Impose duties regarding specific hazards, LAW Process or group workers Example is Manual Handling Operations Regulations 1992 APPROVED CODES OF PRACTICE (ACOP) Failure to comply These supplement regulations, and have a may be admissible certain legal status. Not all regulations have ACOP in Court of Law or tribunal GUIDANCE NOTES Can supplement regulations, Used to guide Giving guidance to employers & trade unions employers & trade Advisory on the whole and not all regulations unions have them


HEALTH AND SAFETY LEGISLATION

Health and Safety Legislation Relating to Manual Handling

Health and Safety at Work Act (HSWA) 1974

The HSWA is the most important primary legislation in the area of health and safety. It is an enabling act from which regulations codes of practice and

guidance are made.

Duties of the Employer

To ensure, so far as is reasonable practicable, the health, safety and welfare of all their employees and others who might be affected by the way they go

about their work.

· Provision and maintenance of plant and safe systems of work · Safety in the use, storage and transport offloads and substances · Provision of information, instruction, training and supervision of

employees · Maintenance of a safe workplace, including access and egress · Maintenance of a safe and healthy working environment · Provide a health and safety policy statement when employing 5 or more

people

Duties of the Employee

· To take reasonable care of their own health and safety and those who may be affected by their acts and omissions

· To co-operate with their employer to enable him to comply with his health and safety duties.

· Must not interfere or misuse anything provided in the interest of health and safety.


Management of Health and Safety at Work Regulations (MHSWR) 1999

The general duties of the HSWA are developed in the MHSWR and require the

employer to carry out general risk assessments of the overall risks of their operations.

Duties of Employer

· To make a suitable and sufficient assessment of the health and safety risks to employees and others

· To make arrangements for planning, organising, controlling, monitoring and reviewing the precautions required by law

· To provide adequate health surveillance, i.e. back to work interviews, sickness records

· To appoint competent people to help them comply with health and safety law

· To provide employees with adequate training and instruction · To co-operate and co-ordinate with other employers where they share

premises or workplaces

Duties of Employee

· To use equipment provide by their employers as instructed · Notify employers of any health and safety issues, which may present a

serious and imminent danger.


Manual Handling Operations Regulations (MHOR) 1992 (amended 2002)

Where the general risk assessment under the MHSWR indicates the risk of injury from manual handling of loads the MHOR sets out a hierarchy of

measures that should be observed:

· Avoid hazardous manual handling operations as far as is reasonable practicable

· Assess any hazardous manual handling operations that cannot be avoided

· Reduce the risk of injury so far as is reasonable practicable

There is also a duty on the employer to:

· Review assessments · Provide information on the weight and heaviest side of a load

Duties of Employee:

· To make full and proper use of systems provided · Make proper use of the equipment provided

The Workplace (Health, Safety and Welfare) Regulations 1992

As well as providing suitable equipment consideration should be given to the workplace itself, taking into account such issues as sufficient space to work,

workstation arrangements, adequate ventilation and lighting and reasonable temperature.


The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995

RIDDOR requires the reporting of work related accidents, diseases and

dangerous occurrences.

The following must be reported: · Death or major injury · Over three-day injury (also applies to anyone, who following an accident

at work, stays at work on light duties) · Reportable work related disease · Dangerous occurrences

The Provision and Use of Work Equipment Regulations (PUWER) 1998

The employer should provide suitable equipment and ensure that it is in working order and complies with European Standards. They should also

provide adequate information and instruction for employees. This includes wheelchairs.

Duties of Employer:

· To provide equipment that is suitable for use, and for the purpose and

condition in which it is used · To maintain equipment in an efficient working order and good repair · To provide adequate training, information and instruction for employees · To ensure the equipment complies with European Standards · Assess the working environment where equipment will be used to

identify risks posed


The Lifting Operations and Lifting Equipment Regulation (LOLER) 1998

These regulations apply to lifting equipment used to lift or lower loads including hoists, standing aids, vehicle tail lifts, and passenger stair lifts.

Duties of Employer:

· Ensure that all lifting equipment is sufficiently strong, stable and

suitable for the purposed use. Also the load and anything attached must be suitable.

· Ensure that all lifting equipment is positioned or installed to prevent the risk of injury.

· Ensure that all lifting equipment is visibly marked with appropriate information to be taken into account for its safe use, e.g. working loads. Accessories, e.g. slings, clamps etc., should be similarly marked.

· Lifting operations are planned, supervised and carried out in a safe manner by people who are competent.

· Where lifting equipment is used for lifting people it is marked accordingly, and it should be safe for such a purpose, e.g. all necessary precautions have been taken to eliminate or reduce the risk.

· Before lifting equipment (including accessories) it must be thoroughly examined. Lifting equipment must be regularly examined in use at periods specified in the regulation (6 monthly). A competent person must carry out all examination work.

· Records of maintenance and inspections must be kept and up to date and any action needed must be carried out. The equipment examined should be labelled with date carried out.

· Defective equipment including accessories must not be used. And labelled ‘Not to be used’


Other legislation that is relevant to moving and handling in health and social care and that you should be aware includes:

· Human Rights Act (HRA) 1998 · Disability Discrimination Act (DDA) 1995 · Disability Rights Commission Act 1999 · Health Act 1999 · Carers and Disabled Children Act 2000 · Care Standards Act 2000 Standard 2, needs assessment, Standard

18, safe working practices, Standard 23, staff training. · Health and Social Care Act 2001 · National Health Services Reform and Health Care Professions Act

2002 · NHS and Community Care Act 1990

Health and Safety Awareness

Roles and Responsibilities

· Your employer has a duty to protect you and keep you informed about Health and Safety

· You have a responsibility to look after yourself and others (colleagues, clients, visitors)

Briefly, your employer’s responsibilities include:

1. Making your workplace safe 2. Making sure your practices and the equipment you use are safe 3. Ensuring hazardous substances are safely used, stored and disposed of 4. Providing adequate welfare facilities 5. Providing information, training and supervision as necessary


Your responsibilities include:

1. To take reasonable care 2. Co-operate with your employer – follow procedures, attend training,

keep up to date, report things 3. Use work items and equipment correctly 4. Do not interfere with or misuse anything

Making Workplaces Safe

Risk Assessments

A risk Assessment involves deciding on what hazards might exist in a

room/place, using a piece of equipment or carrying out an activity, then trying to decide what steps to put in place that will ELIMINATE or REDUCE that risk to

an ACCEPTABLE level.

We all do visual Risk Assessments every day:

· Moving the pan handle sticking out over the cooker · Dropping smoke ash into a metal ashtray · Moving a box teetering on the edge of the shelves · Stepping over a child’s toy.

In these scenarios, a hazard was identified and something was done to stop it being a hazard.

At work, Risk Assessments are taken more formally, and are written down.


There are some basic steps to Risk Assessment:

1. Identify the hazards 2. What are the effects of the hazards – are they dangerous enough to

have to do something? 3. What steps can be put in place to reduce the risk of this hazard from

occurring? 4. What is the risk now? 5. Is it safe to proceed? 6. When should this be reviewed again?

For example a Risk Assessment for mowing the lawn could look like this:

Risk Assessment for Showering

Hazard Effect Risk Steps to minimise

Risk

Slip/fall getting into

shower

Injury High Assist whilst getting into

shower

Low

Slip/fall in the shower

Injury High Use shower chair or shower

seat

Low

Slip/fall getting out

of the shower

Injury

High Assist whilst getting out of

the shower

Low

Safe to proceed: Yes!!


Usually, the ‘steps to minimise’ might include:

· Training · Supervision · Implementing procedures · Providing certain equipment or protective clothing · Putting up warning signs · A mixture of all of these

Safe Practices and Equipment

Care workers use many pieces of equipment – such as hoists lifts etc.

To ensure safety:

· Service regularly · Faults must be reported and repairs undertaken · Use DO NOT USE signs if equipment is faulty (or put out of

commission) · Ensure you are trained on safe use and follow instructions · Do not use if you have not be trained appropriately · Do not mistreat

Emergency Procedures

Whether you work in a care home or a client’s own home, you should make

sure you know where the Emergency Procedures information is kept – and be familiar with them:

· Fire Procedure · Gas leak · Power cut · Water burst/leakage or flood · Lift/chair lift breaks down · Location of torches · Location of stop cocks · Location of the fuse box · Location of the fire extinguishers and fire blankets


· Location of a telephone that will work in case of emergencies and useful telephone numbers|

COSHH

COSHH stands for the Control of Substances Hazardous to Health. The current COSHH Regulations (2002) govern the usage, storage and disposal of hazardous materials. Some substances used in care homes and at a home can be hazardous if used incorrectly. Using hazardous substances can put people’s health at risk.

What are hazardous substances?

A hazardous substance is something that you work with that if not used correctly or properly controlled can harm your health. They are found in

nearly all work places including care homes, working with clients in their own homes, offices, factories and shops. They can include:

· Substances used directly in work activities e.g. bleach, cleaning agents · Substances generated during work activities e.g. fumes · Naturally occurring substances e.g. blood or other bodily fluids, bacteria

For the vast majority of commercial chemicals, the presence (or not) of a

warning label will indicate whether COSHH is relevant. For example, household washing up liquid doesn’t have a warning label but

bleach does – so COSHH applies to bleach but not washing up liquid when used at most work places.

The symbols that warn you of hazardous substances will be displayed in yellow

on the side of a container, and the necessary precautions will be listed on a COSHH sheet, usually held in a COSHH file in the workplace.

The COSHH sheets list information on the substances used in your workplace

and have information on: · Its proper use · Whether protective clothing should be worn · If it is flammable or hazardous · How to store the substances to ensure they are kept safe · What to do in case the substance is taken orally, spilt on the skin or

eyes etc., · How to dispose of any spillages safely

Using this information, a Risk Assessment is normally taken to ensure the safe use, storage and disposal of the substance. Support Workers should be aware


of the outcomes of the Risk Assessment and know what to do in case of any first aid required.

Employers have basic duties concerning the provision and use of personal protective equipment (PPE) at work and this leaflet explains what you need to

do to meet the requirements of the Personal Protective Equipment at Work Regulations 1992 (as amended).

What is PPE?

PPE is defined in the Regulations as ‘all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a

person at work and which protects him against one or more risks to his health or safety’, e.g. safety helmets, gloves, eye protection, high visibility clothing,

safety footwear and safety harnesses.

Hearing protection and respiratory protective equipment provide for most work situations are not covered by these Regulations because other

regulations apply to them. However, these items need to be compatible with any other PPE provided.

Cycle helmets or crash helmets worn by employees on the roads are not covered by Regulations. Motorcycle helmets are legally required for

motorcyclists under road traffic legislation.

The Hazards and Types of PPE

Eyes:

Hazards: chemical or metal splash, dust, projectiles, gas and vapour, radiation. Options: safety spectacles, goggles, face shields, visors.

Head:

Hazards: impact from falling or flying objects, risk of head bumping, hair

entanglement. Options: a range of helmets and bump caps.


Breathing:

Hazards: dust, vapour, gas, oxygen-deficient atmospheres. Options: disposable filtering face piece or respirator, half or full-face

respirators, air-fed helmets, breathing apparatus.

Protecting the body:

Hazards: temperature extremes, adverse weather, chemical or metal splash, spray from pressure leaks or spray guns, impact or penetration, contaminated

dust, excessive wear or entanglement of own clothing. Options: conventional or disposable overalls, boiler suits, specialist protective

clothing, e.g. chain-mail aprons, high-visibility clothing.

Hands and arms:

Hazards: abrasion, temperature extremes, cuts and punctures, impact, chemicals, electric shock, skin infection, disease or contamination.

Options: gloves, gauntlets, mitts, wrist cuffs, armlets.

Feet and legs:

Hazards: wet, electrostatic build-up, slipping, cuts and punctures, falling objects, metal and chemical splash, abrasion.

Options: safety boots and shoes with protective toe caps and penetration-resistant mid-sole, gaiters, leggings, spats.

Hand Washing

Food Preparation

Washing your hands before and during food preparation is one of the best

ways to prevent the spread of food poisoning bacteria.


A survey by the Food and Drink Federation, published during National Food Safety Week 2001, found that:

· 26% of men and 17% of women said they do not always wash their

hands before preparing food · 31% of men and 17% of women said they do not regularly wash their

hands after using the toilet

If you don’t wash your hands before food preparation, your hands could be covered in dirt and bacteria from the toilet, the bin or from many other

sources inside and outside the home. These could then be transferred onto food and cause food poisoning.

It’s also very important to wash your hands after handling raw foods because you could spread bacteria from them to other foods (cross-contamination). Make sure you wash hands thoroughly, using warm water and a liquid soap. Work up a good lather and make sure you wash your wrists, hands, fingers,

thumbs, fingernails and in between the fingers. Rinse the soap off your hands with clean water.

It’s also important to dry your hands thoroughly because bacteria spread more easily if your hands are damp. Dry your hands on a clean hand towel, not on a

tea towel or your apron.

And remember:

· Don’t handle food when you are ill with stomach problems, such as diarrhoea or vomiting.

· Don’t touch food if you have sores or cuts, unless they are covered with a waterproof dressing.

Health & Safety is a legal requirement in all places of work, this is to prevent and reduce the risk of any harm coming to the employees or customers etc. No matter where you go hospitals, shopping centers, factories, pet shops etc.… there are always Health & Safety signs warning you of possible dangers.


Legal Requirements

Clearly defined in the Health & Safety at Work Act 1974 is that everybody at work has a ‘duty of care’; below are the relevant sections of the act:

Section 2: Employers duties to his Employees whilst at work.

Section 3: Employers duties to non-employees, e.g. visitors, contractors, members of the public, even uninvited persons.

Section 7: Employees duties to take care of himself and others affected by his work and to co-operate with his employer.

The Health & Safety at Work Act 1974 outlines the basic requirements in law. These are supported by Regulations which detail the specific requirements for particular activities


For Example:

· Use of work equipment, · PPE, Personal Protective Equipment · Display Screen Equipment, · Working at Heights · Wet floors, slips, trips and falls · Lifting and carrying · Control Of Substances Hazardous to Health (COSHH) · Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

(RIDDOR) Failure to comply with the Health & Safety at Work Act or any of its regulations

will result in prosecution by the HSE Inspectors.


Stress

Stress is believed to be one of the major causes of time off work and staff turnover, in the UK there are 10.8 million working days lost every year due to stress related illness and statistics show this is more prevalent in health and social care staff than any other industry. Stress at work can be caused by; poor working relationships, the type of work, especially social care, the hours spent at work, especially shift workers, lack of career progression or fear of redundancy or retirement.

Stress is not a medical diagnosis, but severe stress that continues for a long time may lead to a diagnosis of depression or anxiety, or even more severe mental health problems.

You can reduce the effects of stress by being more conscious of the things that cause it and learning to handle them better by;

Talking things over with a friend or your supervisor

(Chatting about a problem often helps)

Physical activity such as going for a walk or gardening

(Physical activity uses up extra energy bodies produce when stressed)

Doing something to take your mind off the problem

(Go to the cinema, read a book/magazine, pamper yourself)

using relaxation techniques


Some signs of stress

Headaches Constant Tiredness Sleeping Problems

Pins & Needles Indigestion or Heartburn

Feeling Sick or Dizzy Lack of Appetite Craving for Food

Chest Pains Restlessness

Cramps or Muscle Pains Constipation or Diarrhoea

Fainting Grinding your Teeth at Night

How You May Feel Irritable

Aggressive Depressed

Fearing Failure Dreading the Future

Loss of Interest in Others Taking no interest in life

Feeling Neglected Loss of Sense of Humour

Feeling Bad or Ugly Fearful that you are seriously ill

Feel there is no one to confide in


How You May Behave

Unable to make decisions

Find it difficult to concentrate

Deny there is a problem

Avoid difficult situations

Frequently crying

Biting your nails

Unable to show your feelings

Being very snappy or aggressive

Finding it difficult to talk to others If you have any of the above or feel under stress, please contact your manager and talk it over.

10 stress-busting suggestions

1. Be active

If you have a stress-related problem, physical activity can put people in the right state of mind to be able to identify the causes of the stress and find a solution. Exercise won’t make stress disappear, but it will reduce some of the emotional intensity, clearing thoughts and enabling people to deal with problems more calmly.

2. Take control

The act of taking control is in itself empowering, and it's a crucial part of finding a solution that satisfies you and not someone else.


3. Connect with people

A problem shared is a problem halved. A good support network of colleagues, friends and family can ease work troubles and help you see things in a different way.

4. Have some ‘me time’

The UK workforce works the longest hours in Europe. The extra hours in the workplace mean that people aren’t spending enough time doing things that they really enjoy.

5. Challenge yourself

Setting yourself goals and challenges, whether at work or outside helps to build confidence. That in turn will help you deal with stress.

6. Avoid unhealthy habits

Don't rely on alcohol, smoking and caffeine as your ways of coping.

7. Help other people

Evidence shows that people who help others, through activities such as volunteering or community work, become more resilient.

8. Work smarter, not harder

Good time management means quality work rather than quantity. Our long-hours culture is a well-known cause of workplace illness.

9. Be positive

Look for the positives in life, and things for which you're grateful. Write down three things at the end of every day which went well or for which you're grateful.

10. Accept the things you can't change

Changing a difficult situation isn't always possible. If this proves to be the case, recognise and accept things as they are and concentrate on everything that you do have control over.


Dermatitis in health and social care Contact dermatitis is the most common form of work-related skin disease suffered by nurses and other health and social care professionals.

Dermatitis is an inflammatory condition of the skin caused by contact with outside agents which can result in irritation, redness, cracking and blistering.

Frequent exposure to soaps and cleaners, and ‘wet work’ (work involving wet hands or hand washing) account for over a quarter of all cases of work-related contact dermatitis. Other hazardous agents include rubber chemicals which may be present in both natural rubber latex and synthetic rubber materials, bleach and sterilisers, preservatives and fragrances.

Reducing the risks of work-related dermatitis · · Where practicable, use machinery and tools provided rather

than hands (e.g. equipment cleaning machines). · During hand washing, thoroughly rinse off residual soap/hand

cleanser. · Ensure your hands are thoroughly dry before continuing work. · Use emollient creams regularly, especially after finishing work.

Ensure all parts of the hand are covered. · Check your skin for early signs and report concerns to your

‘responsible person’. Early detection can help prevent more serious dermatitis from developing.

Scalding and burning The health and social care sector often provides care and services for individuals who may be vulnerable to risks from hot water or surfaces. Those at risk include children, older people, people with reduced mental capacity, reduced mobility, a sensory impairment, or people who cannot react appropriately, or quickly enough, to prevent injury.


High water temperatures (particularly temperatures over 44°C) can create a scalding risk to vulnerable people who use care services.

Many accidents involving scalding have been fatal and have mainly occurred during bathing or showering. Where vulnerable people are at risk from scalding during whole body immersion, water temperatures must not exceed 44°C

Serious injuries and fatalities have also been caused by contact with hot pipes or radiators. Where there is a risk of a vulnerable person sustaining a burn from a hot surface, then the surface should not exceed 43°C when the system is running at the maximum design output. Precautions may include insulation or providing suitable covers. Slips and trips in health and social care Slips, trips and falls can have a serious impact on the lives of employees and those being cared for. They account for around half of all reported major injuries to employees. Some users of health or care services can be particularly vulnerable to falls injuries, and falls on the same level account for a significant number of injuries to service users - many of which are preventable.

Many factors can cause slips, trips and falls. These include: methods of cleaning, flooring type, footwear, levels of lighting, contrast between floors, walls and doors, and obstructions or other trip hazards. The practical measures you can take will vary in different situations; some measures will reduce the risk to both workers and non-employees, whereas others may be more targeted. What you need to do Identify the risks

You must control the risks in your workplace, this includes the risks of a slip, trip or fall and do everything reasonably practicable to protect people from harm. Your assessment should consider who has access, the physical and environmental factors that may give rise to a slip, trip or fall and how these can be minimised and controlled.

Factors to consider include: • Slippery or wet surfaces caused by water and / or other fluids (e.g.

residue left from cleaning, or body fluids) • Slippery surfaces caused by dry or dusty floor contamination (e.g.

dust, lint or talcum powder)


• Slippery flooring in areas prone to regular contamination (e.g. kitchens, bathrooms, main entrances, etc.) where slip resistant flooring would be expected.

Factors to consider

• Obstructions, both temporary and permanent (e.g. trolleys, cables, items not stored away)

• Trip hazards, uneven surfaces and changes of level (e.g. unmarked ramps or steps)

• Lack of handrails (e.g. along corridors, in stairwells or at doorways) • Poor levels of lighting • Poor contrast between adjacent objects, particularly between

furniture and flooring (e.g. dark furniture on dark floors) • Whether footwear is suitable for the type of tasks being carried out

on your premises. Reducing the risk of falls on stairs HSE is aware of numerous incidents where patients or residents have fallen on stairs, which have resulted in serious injury or death. There are a number of factors that are particularly relevant to patients and residents and should be considered in the individual’s care plan.

Stairs should be in safe condition and be of suitable design and dimensions for their use.

• You should consider whether they: • are well lit; • have handrails at an appropriate height that contrasts with the

surroundings; • have good slip resistance properties, particularly at the leading

edge; • have clearly marked edges; • are free from trip hazards or obstacles.


Safe use of bed rails Bed rails, also known as side rails or cot sides, are widely used to reduce the risk of falls. Although not suitable for everyone, they can be very effective when used with the right bed, in the right way, for the right person.

However, accident data shows that bed rails sometimes don’t prevent falls and can introduce other risks.

Poorly fitting bed rails have caused deaths where a person’s neck, chest or limbs become trapped in gaps between the bed rails or between the bed rail and the bed, headboard, or mattress.

• Other risks are: • rolling over the top of the rail • climbing over the rail • climbing over the footboard • violently shaking and dislodging rails • violent contact with bedrail parts

What you need to do When bed rails are used during the course of a work activity the employer providing them must ensure that they are safe Risks identified during inspection include:

• trapping between poorly fitting mattresses and bedrails • rolling over the top of the bedrails when overlay mattresses reduce

their effective height • trapping between the bedrail and mattress, headboard or other

parts because of poor bedrail positioning. • Bed rails need careful management. Users should ensure: • they are only provided when they are the right solution to prevent

falls • a risk assessment is carried out by a competent person taking into

account the bed occupant, the bed, mattresses, bed rails and all associated equipment

• the rail is suitable for the bed and mattress • the mattress fits snugly between the rails • the rail is correctly fitted, secure, regularly inspected and

maintained


• gaps that could cause entrapment of neck, head and chest are eliminated

• staff are trained in the risks and safe use of bed rails Violence in health and social care What is work related violence?

HSE defines work-related violence as ‘Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work.’

Health and social care employees should not accept incidents of violent or aggressive behaviour as a normal part of the job. They have a right to expect a safe and secure workplace.

Violent and aggressive incidents are the third biggest cause of injuries reported under RIDDOR from the health and social care sector. Employers and employees should work together to establish systems to prevent or reduce aggressive behaviour.

Examples of violent and aggressive behaviour include:

A carer bitten by a person with learning disabilities in the course of the normal care of that person

An irate visitor who considers that his relative has not been properly treated verbally abuses a carer.

A carer verbally abused and threatened by a patient who is unwilling to take prescribed medication.

A carer providing refreshments is hit by a confused elderly patient.

What is the risk?

The main risk is the verbal abuse or physical assault of an employee or other person. There is a high level of under-reporting of incidents of violence and aggression within the health and social care sector, as many accept it as part of the job.

Premier Homecare North Wales Ltd - PHNW · The Workplace (Health, Safety and Welfare) Regulations...

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Transcript of Premier Homecare North Wales Ltd - PHNW · The Workplace (Health, Safety and Welfare) Regulations...