3.3 Key Legislation

3.3 Key Legislation

(promoting health, safety and security in care settings)

Legislations and how they promote health, safety and security in health, social care and child care settings

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Health and Safety at Work Act (HASAWA) 1974

  • An important Act that is the basis for other health and safety regulations and guidelines.
  • It established the Health & Safety Executive (HSE) as the regulator for the health, safety and welfare of people in work settings in the UK.
  • It established the key duties and responsibilities of all employers and employees in work settings.
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Management of Health and Safety at Work Regulation

((MHSWR) 1999)

  • This Act places duties on employers to carry out and implement risk assessments of the health, safety and security of their employees and others who live and work in these settings.
  • It requires work settings to have arrangements in place including appointing competent people to manage health, safety and security as well as procedures for emergency situations that may arise.
  • It requires employers to provide information, training and supervision so that work activities can be carried out safely.
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Food Safety Act 1990

  • This Act requires that good personal hygiene is maintained when working with food so that it is safe to eat.
  • It requires that records are kept of where food is from so that it can be traced if needed.
  • It requires that any food that is unsafe is removed and an incident report completed.
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Food Safety (General Food Hygiene) Regulations

(1995 (amended 1999 and 2004))

  • This Act requires that food safety hazards are identified.
  • It requires that food safety controls are in place, maintained and reviewed.
  • It requires that environments where food is prepared or cooked are kept clean and in good condition.
  • Raw meat and ready-to-eat products must be prepared on separate chopping boards to prevent cross-contamination.
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Manual Handling Operations Regulations 1992

  • This Act requires that employers avoid hazardous manual handling tasks where possible and assess those that cannot be avoided.
  • It requires that employers eliminate or reduce the risks associated with manual handling tasks.
  • It requires employers to provide information, training and supervision about safe moving and handling.
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RIDDOR 2013

(Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013)

  • This Act requires employers to report and keep records for three years of work-related accidents that cause death and serious injuries (referred to as reportable injuries), diseases and dangerous occurrences (i.e. incidents with the potential to cause harm).
  • It requires work settings to have procedures in place for safe working with hazardous substances.
  • It requires employers to provide information, training and supervision so that work activities can be carried out safely.
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Data Protection Act 1998

  • The main Act that protects the security of personal information.
  • It requires that information is accurate and up to date.
  • It requires that information is kept secure.
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COSHH 2002

(Control of Substances Hazardous to Health Regulations (COSHH) 2002)

  • This Act requires employers to carry out a risk assessment to prevent or control exposure to hazardous substances.
  • It requires employers to have procedures in place for safe working with hazardous substances.
  • It requires employers to provide information, training and supervision so that work activities can be carried out safely.
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Civil Contingencies Act 2004

  • This Act sets out how organisations must work together to plan and respond to local and national emergencies.
  • It establishes how organisations, such as emergency services, local authorities and health bodies, can work together and share information.
  • It requires that risk assessments are undertaken and emergency plans are put in place.
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The Health and Social Care (Safety and Quality)

(Act 2015)

  • This Act sets out how health and adult social care providers must share information about a person’s care with other health and care professionals so that safe and effective care can be provided.
  • It requires health and adult social care organisations to use a consistent identifier (the NHS number) when sharing information about a person’s care.
  • It reduces risk of harm and abuse by making provision for removing people convicted of certain offences from the registers kept by the regulatory bodies for health and social care professions.
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