1.1. Identify legislation relating to health & safety in care setting

1.1. Identify legislation relating to health and safety in a care setting

Course – Level 3 diploma in care (RQF)

Unit 8 – Promote Health, Safety, and Well-being in Care Settings

L.O. 1 – Understand your own responsibilities and the responsibilities of others relating to health and safety

In care settings in the UK, several primary laws (Acts) and supporting laws (regulations) outline legal obligations to ensure as much as possible that both staff and service users are protected from all potential hazards.

1. Health and Safety at Work Act 1974 (HSWA) 

The basic law that protects workers is the HSWA. It states that an employer must, "so far as is reasonably practicable", ensure the health, safety and welfare at work of their employees and of other persons who may be affected by their work. This includes ensuring safe systems of work, adequate training, adequate supervision, and maintaining a safe working environment.

2. The Management of Health and Safety at Work Regulations 1999 

This regulation supports the HSWA, as it states an employer must complete risk assessments, introduce measures to control risk, introduce emergency plans, and ensure adequate training and information are provided.

3. Manual Handling Operations Regulations 1992 (MHOR) 

This regulation relates to the safe handling of loads, which is often a concern with care provision. The rules require the risk assessment of (manual handling) tasks and the use of equipment/techniques that should be adopted to reduce the risk of injury.

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

COSHH applies to the ability to control and use hazardous substances (e.g., cleaning agents, medication, and bodily fluids) safely. Under COSHH, most employers must carry out a risk assessment about exposure, identify and implement control measures, and prepare for incidents relating to hazardous substances.

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

RIDDOR requires the reporting of serious incidents, including major injuries, occupational diseases, or 'near misses' to the HSE, enabling action to be taken to ensure accountability and to help prevent the incident from reoccurring.

6. Personal Protective Equipment at Work Regulations 1992 (PPE)

These regulations require employers to provide personal protective equipment when the risk cannot be controlled in other ways, e.g., gloves or aprons for infection control or cleaning.

7. Workplace (Health, Safety and Welfare) Regulations 1992

These regulations apply to the physical environment and set out minimum standards for workplace conditions such as lighting, ventilation, cleanliness, facilities, and space, which are all important for being able to provide safe and dignified care.

8. Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

This act is regulated by the Care Quality Commission (CQC). It requires care providers to register and demonstrate compliance with fundamental standards for safety and quality, which are particularly important in regulated care environments.

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