Unit 3: P2 M1
Legislation, policies and procedures for health, safety and security
P2
Legislation and guidelines:
Care Homes Regulations
Every care home is required to employ a manager, qualified in leadership and management in
care services, or studying one during the time of employment. The individual must ensure that
all areas of the care home accessible by the public are free from hazards and any possible risks
are identified and removed. If the individual believes that an employee could cause harm, by
incompetence or intentionally, they must be suspended pending an investigation. The manager
must also inform the Care Quality Commission (CQC) during any event in which they believe the
safety and well-being of an individual is at risk.
Data Protection Act 1998
This act refers to any personal information stored in paper or electronic format. Any information
held must be relevant and not excessive. These stores of information should only be collected
under lawful situations and should be up to date and accurate. This information should never be
kept longer than is necessary and information should be protected against accidental
destruction and access that is unauthorised. Health and social care providers store large
quantities of sensitive information regarding their service users. It is highly important that such
information is used only for legitimate reasons. The accidental destruction of people’s data can
be potentially fatal, for example, if they have information regarding allergies. Individuals working
in care settings should never disclose information regarding a patients personal files and should
be wary of sharing sensitive information over the telephone. Callers should never be allowed to
pressurise you into sharing sensitive information with them. After death, the personal data of an
individual cannot be destroyed, this is due to the department of health requiring all personal
records to be detained for a period of at least 8 years after death. Records disclosing information
about children and maternal records must remain until the child is 25 years of age, unless the
child is deceased and they will be discarded 8 years after death. This allows time for personal
information to be accessed in the event of complications regarding given treatment.
Civil Contingencies Act 2004
The civil contingencies act refers to the response of public service during major emergencies.
The act offers guidance regarding anticipation, assessment, prevention, preparation, response
and recovery before, during and after a major threat to the well-being of the public. This act
would be used if and when a situation escalated to the point public services were unable to
perform their duties without the aid of the law behind them. The law requires the emergency
services to cooperate. To make this possible plans have been produced with a framework to
consult during an emergency, designating each service a particular role. Emergencies involved
with this could be; a terrorist attack, environmental pollution incidents, extreme weather
conditions, a pandemic or severe flooding.
Management of Health and Safety at Work Regulations 1999
This regulation clarifies the requirements of employers to manage The Health and Safety at
Work Act 1974. This applies to all working activities. Individuals employing 5 or more employees
are required to complete a full risk assessment. Employers must:
Ensure all health and safety precautions discovered through the risk assessment are
completed.
Ensure that competent individuals are delegated the tasks of enforcing these safety
precautions.
Provide employees with clear information and training.
Manual Handling Operations Regulations 1992
Under The Manual Handling Operations Regulations Act 1992 all employees should:
Legislation, policies and procedures for health, safety and security
P2
Legislation and guidelines:
Care Homes Regulations
Every care home is required to employ a manager, qualified in leadership and management in
care services, or studying one during the time of employment. The individual must ensure that
all areas of the care home accessible by the public are free from hazards and any possible risks
are identified and removed. If the individual believes that an employee could cause harm, by
incompetence or intentionally, they must be suspended pending an investigation. The manager
must also inform the Care Quality Commission (CQC) during any event in which they believe the
safety and well-being of an individual is at risk.
Data Protection Act 1998
This act refers to any personal information stored in paper or electronic format. Any information
held must be relevant and not excessive. These stores of information should only be collected
under lawful situations and should be up to date and accurate. This information should never be
kept longer than is necessary and information should be protected against accidental
destruction and access that is unauthorised. Health and social care providers store large
quantities of sensitive information regarding their service users. It is highly important that such
information is used only for legitimate reasons. The accidental destruction of people’s data can
be potentially fatal, for example, if they have information regarding allergies. Individuals working
in care settings should never disclose information regarding a patients personal files and should
be wary of sharing sensitive information over the telephone. Callers should never be allowed to
pressurise you into sharing sensitive information with them. After death, the personal data of an
individual cannot be destroyed, this is due to the department of health requiring all personal
records to be detained for a period of at least 8 years after death. Records disclosing information
about children and maternal records must remain until the child is 25 years of age, unless the
child is deceased and they will be discarded 8 years after death. This allows time for personal
information to be accessed in the event of complications regarding given treatment.
Civil Contingencies Act 2004
The civil contingencies act refers to the response of public service during major emergencies.
The act offers guidance regarding anticipation, assessment, prevention, preparation, response
and recovery before, during and after a major threat to the well-being of the public. This act
would be used if and when a situation escalated to the point public services were unable to
perform their duties without the aid of the law behind them. The law requires the emergency
services to cooperate. To make this possible plans have been produced with a framework to
consult during an emergency, designating each service a particular role. Emergencies involved
with this could be; a terrorist attack, environmental pollution incidents, extreme weather
conditions, a pandemic or severe flooding.
Management of Health and Safety at Work Regulations 1999
This regulation clarifies the requirements of employers to manage The Health and Safety at
Work Act 1974. This applies to all working activities. Individuals employing 5 or more employees
are required to complete a full risk assessment. Employers must:
Ensure all health and safety precautions discovered through the risk assessment are
completed.
Ensure that competent individuals are delegated the tasks of enforcing these safety
precautions.
Provide employees with clear information and training.
Manual Handling Operations Regulations 1992
Under The Manual Handling Operations Regulations Act 1992 all employees should:
