Summary Understanding how duty of care impacts on occupational health and safety policies is a crucial element in workplace policy development. Duty of care is not generally defined in legislation and is evolutionary as it adapts with the change of society. The reader needs to understand this when introduced to duty of care. Employees should understand how and the scope of the duty of care as it applies to them, as demonstrated in the examples included in this report. It is also important to communicate to all staff how, when implemented correctly, duty of care benefits not just the employer, but also the worker alike. In conclusion everyone from the organisation itself right down to the entry-level employees has a duty of care to some …show more content…
In conclusion, the findings will then be summarised and recommendations will be stated. Occupational health and safety and its role in the workplace Occupational Health and safety can also be referred to as Workplace Health and Safety, which is applicable within all Australian jurisdictions. Employers have a duty to ensure, as far as reasonably practicable, both the health and safety of their employees and others within the workplace (Mann and Blunden, 2010). It is mandatory for organisations to manage and reduce workplace hazards and risks to ensure the safety of all workers. Workplace hazards are potentially a source of harm or conflicting health effects on a person (Hsa.ie, 2015). Workplace risks are the probability that a person may possibly be harmed or suffers conflicting health effects if exposed to a hazard (Hsa.ie, 2015). The table below will provide some examples of workplace hazards and risks. HAZARD RISK IMPACT Electricity Shock, Electrocution Injury or Death -Economic & Social Wet Floors Slip, Fall Injury or Death -Economic & Social Chemicals Burn, Inhalation Injury or Death -Economic & Social Sharp Objects Cut, Stab Injury or Death -Economic & Social Occupational Health and Safety (OHS) requires organisations to manage accident risk
6-Risk Assessment SHWW Act Section 19 requires that employers and those who control workplaces to any extent must identify the hazards in the workplaces under their control and assess the risks to safety and health at work. Health and Safety Executive explain five steps of risk assessment that are: a. Identify the hazards b. Decide who might be harmed and how c. Evaluate the risks and decide on precautions d. Record your significant findings e. Review your assessment and update if necessary (HSE, 2016) Risk assessment is carried ot by people who can assess specific work activities, know how work is really done, identify (know) hazards associated with the activities, know likelihood and frequency of activity, and be able to determine actual
The employer has a responsibility to follow the regulation which is known as the ‘Health and Safety at Work Act 1974’. This is An Act to make further provision for securing the health, safety and
It is important to recognise the different responsibilities and approaches of a member of staff, the employer and others in the work setting. For example the employer is responsible to provide PPE and relevant health and safety training free of charge. It is then the responsibility of a staff member to use the PPE and to attend the training. So although the responsibilities are different they are also related and both need to work in order to ensure a high standard of health and safety. The employer provides as safe working environment, however if an accident or incident occurs it requires the efforts of both staff and sometimes others to report this to ensure measures are put into place to reduce any risk associated with the incident or accident. Another example of how health and safety has a linked responsibility can be shown through a member of staff ensuring they provide the relevant fire safety information/instructions to others. It is then the responsibility for others to follow these instructions.
Understand the current legislative framework and organisational health, safety and risk management policies, procedures and practices that are relevant to health, and social care or children and young people’s settings. 1.1 Explain the legislative framework for health, safety and risk management in the work setting. The Health and safety at work act was implemented in 1974 and was amended again in 2008 to ensure that any individual undertaking any type of work within any workplace is protected as much as practically possible. The Health and Safety at Work Act is there to provide institutional structure and a legal framework for health and safety regulation.
Duty of care means that we always need to provide the highest level of care which is reasonable in circumstances. We need to keep individuals safe, free of harm, give them choices and higher their potential by promoting their independence. During work we always have to make sure that all the equipment is working properly and was checked regularly. We must make sure the area of work is free from any dangerous or hazard for example during hoisting and moving. We also always need to wear proper uniform and footwear. We must report anything what seems to be unsafe or
The main features of the health and safety at work act is that it provides a framework for ensuring that all employees are in and a health and safety environment. The employer and staff have duty to ensure the health and safety not only of themselves but also other persons who may frequent the premises, such as children and their parents. Employees are due undertake an approved first aid course and a named person should be appointed to take charge in the event of an accident. As well as this, properly stocked first aid kit should be available – no medication should be kept in the first aid kit. In regards to a healthcare setting, this ensures that children and elderly are looked after as they may not be able to independently.
In my workplace there are policies and procedures to ensure that the rights of the people we look after are protected, and that we are working according to the relevant legislation. Every care staff has the duty of care, which is the legal obligation to make sure the
Section 2 of the HSW Act deals with employersʹ duties, and states: ʺIt shall be the duty of all employers to ensure, so far as is reasonably practicable, the health safety and welfare of all their employees whilst they are at work.ʺ
Work Experience (5N1356) Level 5 – Collection of Work Summary of the basic rights and responsibilities of employees and employers in a particular work, organisational or institutional context Employment Legislation: Employment Legislation is a law or body of laws enacted to protect the rights of the employer and/or the employee. • Health, safety and welfare at work Legislation for the health and safety of people in the workplace are the safety, health and welfare act at work 2005 – 2007. This act refers to all employers, employees both fixed-term and temporary term employees, and self-employed at the workplace. Duties of Employees under this act: Under the Safety, Health and Welfare act 2005 – 2007 employers and employees have rights and responsibilities to each other.
The Health and Safety at Work Act (HSWA) is an essential piece of legislation to have within a work setting. Employers are legally obliged to follow all regulations of the HSWA in order consistently maintain a safe setting, and ensure all employees and service users are protected. The HSWA states that employees must avoid taking risks which could lead to unnecessary harm and injury, wear appropriate protective clothing when required, and follow any training, instructions and policies. A further aspect of the HSWA enforces is the fact careful assessment of
The Health and Safety at Work Act 1974 is the primary piece of legislation covering occupational health and safety. Under this Act, the employer, the workers and the individuals being supported have responsibilities to ensure safety is maintained in the workplace. Your employer should display a copy of this Act on their main premises.
1.1 Having a duty of care in my job role requires me to promote the wellbeing of the people I support so that they are kept safe from harm and abuse and from any injury and to keep the people we support safe by giving the best care and support possible and along with following standards and practices from regulated bodies like CQC and local authorities along with policies and procedures and with health and safety policies and risk assessments within the workplace. 1.2 Duty of care is related to duty of candour as we have a legal responsibility to provide care to a reasonable standard and duty of candour is being transparent when things go wrong and being open and honest about any mistakes and owning up to them in a responsible way. 1.3 By following the duty of care, we are meant to be keeping the people we support safe from harm and abuse; if any form of abuse is seen or suspected or anything that causes concern, we are legally required to act on it by reporting it / whistleblowing.
The duty of care is included into the codes of practice for different job roles and
Health and safety legislations and regulations are implemented in own work settings because there will always be a possibility of accidents happening which may damage someone’s health and all work will expose people to hazards, however the health and safety legislations and regulations are put in place and used so that these risks and hazards are under control and so everyone’s health (staff and children) are safe at all costs.
Health and Safety Regulations aim to improve safety in workplaces, making employers and employees equally responsible for ensuring that they protect themselves and others from accident and injury. The regulations refer to such things as clean kitchens, safety guards on machinery etc., If an employee is injured at work because of breaches of these rules then compensation can be awarded. Most health and safety legislation places place the responsibility of health and safety on the employers. The responsibilities may however be delegated to other competent persons such as fire warders, first aiders and care takers but the employer still