health and social care UNIT 3 consequences of not meeting reponsibilities

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  • Consequences of not meeting responsibilities
    • Disciplinary action
      • Employers can bring about formal disciplinary procedures, which may include a first written warning, a final written warning and dismissal
      • Before entering into any disciplinary action, the employer will carry out an investigation to establish all the relevant information and facts
      • During this period the employer may include may decide to suspend the employee who is being accused of misconduct
      • After the investigation, the employer decides that there has been no misconduct, the employees will be asked to return to work and will resume their day-to-day duties and responsibilities
    • Criminal prosecution
      • Under the health and safety act 2008, the conviction of a director or other employee of failing to take responsible care for the health and safety of themselves and others can result in either imprisonment for up to 2 years periods or an unlimited fine
      • The health and safety at work act 1974 states that if a director or senior manager personally commits an offence and their actions are deemed grossly negligent and can cause a persons death, then a charge of gross negligence manslaughter could be brought
      • The corporate manslaughter and corporate homicide act 2007 states a corporate manslaughter offence can be committed by an organisation.
      • The offences is committed if the way in which an organisations activities are managed by senior management causes a persons death
      • Fines imposed on individuals and organisations have ranged from hundreds of thousands to millions of pounds depending on whether there have been single or multiple fatalities
    • Being removed from professional registers
      • Regulators of professions such as medicine and teaching hold registers of professionals because they have a duty to safeguard the pubic and ensure professionals provide high standards of care
      • Professionals, such as nurses and midwives, must be registered to be bale to practice without being registered
      • If a professional is not deemed fit to practice, due to poor health and safety, record-keeping or a failure to asses risks effectively
      • The professional can be removed from the register or be suspended from the register for up to a period of two years or be subject to a conditions of practice order which restricts their duties and responsibilities
    • Causing injury or harm
      • Employers, employees and individuals who require care and support may cause injury or harm not only to themselves bit to others too if they fail to carry out their reponsibilities
      • Not having a clear procedure in place to clear procedure out risk assessments could mean that your employer cannot identify health and safety hazards
      • Employees also have a responsibility to only carry out tasks that they are competent to do
      • Not informing the employer could lead to injury or harm to themselves, their colleagues or the individuals they provide care and support to
      • Not informing the employer could lead to injury or harm to themselves, their colleagues or the individuals they provide care and support to
    • Being injured or harmed
      • A failure to meet health and safety responsibilities can lead to a range of injuries or harm, some minor, others more serious and some that could even result in fatalities
      • Statistics available from the NHS safety thermometer, a measurement tool that records harms suffered by individuals across a range of health care settings

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