1.1 List the aspects of employment covered by law. The aspects of employment covered by law are as follows: • Health and Safety at work Act 1974 - This act is to ensure that the employer has things in place to protect their employees from any risk or dangers which may occur in the work place. The employee on the other hand has to ensure they that they avoid taking any unnecessary risks by using protective clothing or equipment provided for the job and also follow instructions and guidelines as well as any training given • The Equality Act 2010: This act provides a legal/legislative framework to protect the rights of an individual. It replaces previous anti-discrimination laws by a single act. • The Disability Discrimination Act: This Act is to protect people with a disability and ensure that they aren’t discriminated against because of their disability.
Health and social care Health and safety – HSC 37- unit 4222-306 Outcome 1 Understandings own responsibilities, and the responsibilities of others, relating to health and safety. 1. Some legislations that relate to health and safety include: Manual handling regulations 1992- In summary, the Manual Handling Operations Regulations 1992, (as amended 2002) require employers to- Avoid the need for hazardous manual handling, so far as is reasonably practicable; Assess the risk of injury from any hazardous manual handling that cannot be avoided; and Reduce the risk of injury from hazardous manual handling, so far as is reasonably practicable. Control of substances Hazardous to Health 2002 (COSHH): COSHH is the law that requires employers to control substances that are hazardous to health. You can prevent or reduce workers exposure to hazardous substances by: finding out what the health hazards are; deciding how to prevent harm to health (risk assessment); providing control measures to reduce harm to health; making sure they are used ; keeping all control measures in good working order; providing information, instruction and training for employees and others; providing monitoring and health surveillance in appropriate cases; planning for emergencies.
Understanding Employment Rights & Responsibilities in Health, Social Care or Children's & Young People's Settings 1.1Aspects of employment covered by law are: Anti-discrimination against age/gender/race/religion/disability Working hours and holiday entitlements Sick leave and sick pay Data protection Health and Safety Criminal records bureau (CRB) checks, combined with the Independent Safeguarding Authority (ISA) now known as the Vetting & Barring Scheme. 1.2Main features of current employment legislation are: Employment rights Equalities and discrimination Health and safety 1.3Legislation for employment exists to protect the rights of both the employer and employee at work, and explains the responsibilities for both. 1.4Sources of information and advice available in relation to employment responsibilities & rights can be obtained from: HR DEPTARTMENTS within the company concerning my contract & responsibilities CITIZEN ADVICE BUREAU for employers/employees will provide advice and information on work related issues COMMUNITY LEGAL ADVICE for if a dispute occurs and becomes a legal issue – i.e. employment tribunal TRADE UNIONS & other representative bodies will support me with a work related issue concerning my employer and will help me to protect my rights as an employee 2.1Terms & conditions of my contract of employment states details for when wages are paid, rate of pay I am on and how my wages are paid. It tells me my hours of work expected each week, what days off I am entitled to and holiday entitlements.
There is an increasing responsibility for employers to protect the health & safety of their employees. The financial benefits to employers of compliance are significant. Regulations are immediately assessed and amended in line with changes in the workplace and how work conditions affect individuals. Key Legislation The Health and Safety at Work etc Act 1974 is the basis for health and safety law, it sets out general duties which employers have towards employees and members of the public, and employees have to themselves and to each other. This also includes taking action to protect the health and well-being of employees after they return to work, if they become more vulnerable to risk because of illness, injury or disability.
Unit HSC 027 Outcome 1: Understand own responsibilities and the responsibilities of others, relating to health and safety in the work place 1.1: Identify legislation relating to general health and safety in a health or social care work setting The Health and Safety at Work Act 1974 is the primary piece of legislation in regards to general health and safety in a work setting. Under this Act, the employer, the workers and the individuals being supported have responsibilities to ensure safety is maintained in the workplace. The employer should have an accessible copy of this Act kept on the premises. The Management of Health and Safety at Work Regulations 1992 emphasizes what employers are required to achieve under the Health and Safety at Work Act. Other key pieces of legislation that sit alongside and support the Health and Safety at Work Act are; • The Control of Substances Hazardous to Health Regulations (known as COSHH) requires employers to control and provide data on all substances that can cause harm or illness to health.
We also have the Disability Act, Manual Handling Operations and Regulations, Data Protection Act, The Medicine Act, General Social Care Council code 2001, RIDDOR 1995 and more 1.2 List the main features of current employment legislation. Equal Pay and the Equality Act 2010 - The ‘equality of terms’ provisions in the Equality Act 2010 (the Act) entitle a woman doing equal work with a man in the same employment to equality in pay and other terms and conditions. Health & Safety at Work Act 1974 - An Act to make further provision for securing the health, safety and welfare of persons at work, for protecting others against risks to health or safety in connection with the activities of persons at work. Sex Discrimination Act 1975 -Under this act an employer must not treat men and women who they employ differently if they cannot show a good reason for doing so and if either the men or women suffer because of being treated differently. Race Relations Act (RRA) 1976, Amendments (2000) and Regulations(2003)-These laws and regulations makes it unlawful to treat a person less favourably than another on racial grounds.
These should cover any risk within the work place and must record all conclusions. Besides the main Health and Safety Act, there are several other Health and Safety legislations that are also important within the workplace. These include; Management of Health and Safety at Work Regulations (1999), Workplace (Health, Safety and Welfare) Regulations (1992), Personal Protective Equipment at Work Regulations (1992), RIDDOR (1995) and Manual Handling Operations (1992). The Equality Act (2010) brought together existing legislations against forms of discrimination and helped to extend them within employment. This law is set out to protect and employee against being disadvantaged or mistreated within the workplace.
Code of Practice and charters as well as, the organisational policies and procedures. These initiatives are very important to society and towards health and social care sector as it ensures that each individual is treated equally and that there is no inequality created between individuals no matter what race, colour, gender, age, culture, disabilities, social class, cognitive ability or health status they may be. Since the 1st October 2006, in any workplace such as a health and social care setting like hospitals, care homes or hospices (there are many more), it has been against the law for employers and others to discriminate against someone just because of their age. Direct discrimination meaning treating someone not as well because of their age such as a company don’t employ someone because they are over 55. Indirect discrimination meaning there is a policy/ practice that puts people of a assured age
Recruitment and selection within health and social care Recruiting a new employee to our home is a very complex process. From conducting the interviews and collecting the references of candidates to the final selection, the process is covered by many laws. These laws are implemented to ensure that: The recruitment process will be equal and fair and applicants are not discriminated against on the grounds of age, sex or ethnicity, and applicants who reply have the right to work in the UK Firstly we place an ad with the local jobcentre plus, we then make sure that we do not discriminate against anyone in the process on the grounds of age, sex or race. This can be positively or negatively, for example - "We want a keen young trainee"
C.O.S.H – The Control of Substances Hazardous to health regulations This is to ensure that employers are able to control substances that can harm workers health in all areas of health and social care settings, including cleaning them up and dealing with spillages efficiently, and assuring there is risk assessments in place to prevent such incidents The manual handling regulations 1992 Certain health and social care settings will have this piece of legislation to ensure safe manual handling and moving and handling of people. R.I.D.D.O.R – The reporting of injuries, diseases and dangerous occurrences regulations 1985. This piece of legislation is set out to guide and direct the appropriate reporting procedures and what should be reported. 1.2 Explain how health and safety policies and procedures protect those in social care settings. People who are ill , injured, disabled, economically challenged, marginalised or otherwise disadvantaged , are people who would live and use social care settings , within a wide spread of