Explain main points of legislation that relate to moving & handling

5.1 Identify legislation that relates to moving and handling

Moving and handling in health and social care refers to the safe movement of people, equipment, or objects. It is done to prevent injuries, respect people, and adhere to legal regulations. The UK laws require employers to conduct risk checks, provide training, and use appropriate equipment. The employees have to obey the regulations. This primarily falls under health and safety legislation, including the Health and Safety at Work Act 1974 (HSWA). According to HSWA, employers should safeguard workers and service users to the extent possible.

Health and Safety at Work Act 1974 (HSWA)

The primary safety legislation in all UK workplaces, including care homes, is HSWA. Employers need to develop safe methods of working, provide adequate training and supervision, and verify risks of moving and handling. They should also store equipment in a secure location. The employees should take care of their safety, adhere to the procedures, use equipment properly, and report any danger as soon as possible.

Manual Handling Operations Regulations 1992 (MHOR, amended 2002)

MHOR considers risks associated with manual handling, which is the movement or holding of loads using hands or body power. This occurs frequently in care and may result in numerous back and shoulder injuries. Employers are not supposed to engage in risky operations. When a task is unavoidable, they should perform a thorough risk check, which examines the task, the load, the place, and the person performing it, and minimise the risk to the minimum possible using tools. Employees are required to attend training, adhere to the procedures, perform only what they have been trained to perform and report issues.

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

These regulations are based on HSWA, and they make safety work systematic. They need frequent risk assessments of moving and handling. Employers are required to provide safety information and training and appoint competent individuals to oversee such checks. They should also establish accepted methods of working, such as safety policies during transfers. This assists in identifying and managing risks at an early stage of care.

Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)

LOLER particularly addresses lifting equipment such as hoists, slings, and patient transfer equipment in social care. The equipment should be robust, stable, fit the job and have the right weight marks on the equipment. It should be thoroughly checked and checked periodically (typically after every six months), and the records maintained. Lifting can only be done by trained and competent staff. This prevents the breaking of equipment during the movement of a person.

Provision and Use of Work Equipment Regulations 1998 (PUWER)

PUWER ensures that all work equipment, including wheelchairs or slide sheets, is fit, safe and in good condition. Employers should verify the tools on a regular basis, provide training on their use, and install safety precautions such as emergency stops. When something is broken, it should be removed immediately. PUWER collaborates with LOLER but deals with non-lifting aids, ensuring that the instructions of the manufacturer are adhered to.

Additional Supporting Legislation

According to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, in Regulation 12, care should be safe and entail risk-assessed handling. Regulation 18 states that there should be a competent staff, and Regulation 13 states that there should be protection to ensure that people are not mistreated during moves. According to the Equality Act 2010, employers are required to make reasonable adjustments for disabled service users, but handling should be fair and respectful. According to the Human Rights Act 1998, individuals are entitled to dignity and consent when they are placed.

Practically, these laws are combined as employers conduct risk checks (such as the TILE: Task, Individual, Load, Environment framework) and develop individual handling plans that suit each service user. These plans are revisited periodically. These rules are applied by care workers in their daily practice when selecting mechanical aids, performing team lifts when necessary, and reporting any faults. This reduces the number of injuries, which constitute approximately half of all work-related ill health cases. Adherence to the rules is not only compliant with HSE advice but also demonstrates good ethics, and non-compliance may result in enforcement measures or even legal proceedings.

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