The Presence of a Risk to the Health and Safety for Employees - Case Study Example

Health and Safety Case Study One Proper monitoring and reporting is the backbone of any health and safety culture that is efficient. Consequently, the company board should be provided by the extant management systems, with routine and specific reports pertaining to the performance of the health and safety policy of the company. It is a disquieting feature of the corporate world that most of the information relating to daily health and safety of the employees tends to be provided to the board, only at the time of a formal review. It is in this environment that emphasis has to be placed upon the presence of a strong monitoring mechanism that can report relevant events to the board, as soon as they take place[The145]. With regard to the health and safety of any individual utilising the premises, it is the duty of the employer and the employees to safeguard such health and safety. Any workplace with five or more workers has to maintain a written statement regarding its health and safety policy. This policy has to incorporate the following. First, a statement of intention to provide a safe workplace. Second, the name of the individual who has been vested with the responsibility for implementing the health and safety policy. Third, the name of other individuals who had been made responsible for specific health and safety hazards[Nol05]. Fourth, a list of the identified health and safety hazards and the procedures to be adopted, in order to deal with these hazards. Fifth, the procedures being followed at the workplace for recording accidents at that place. Sixth, detailed instructions for evacuating the premises, whenever such an incident takes place[Nol05]. In England, it is the ultimate responsibility of the Secretary of State for Health to provide comprehensive health service. In addition, the Secretary of State for Health has to ensure that the health service addresses the priorities of communities and the requirements of the patients. The Department of Health has been made responsible for providing strategic leadership to the health and social care systems. At present, it does not constitute the headquarters of the National Health Services (NHS)[NHS132]. The Stafford Hospital launched the Trust’s Quality & Safety Strategy. The objectives of the strategy are; first, to deliver high quality, safe patient care. Second, to empower, involve and heed patients and carers. Third, to introduce improvements to quality, and thereby achieve greater efficiency. Fourth, to provide staff with greater skill and to empower them to a greater extent, so as to enhance quality and safety on an incessant basis[Mid12]. The Health and Safety at Work etc Act 1974, requires healthcare trusts to conduct its affairs in a manner that safeguards patients from being subjected to risk. Section 3(1) of this Act provides that every employer is under a duty of care to conduct his business in such a manner that to the reasonably practicable extent, none of his employees are exposed to risks to their health and safety, due to the activities at the employer’s workplace. The presence of a risk to safety denotes failure on the part of the employer to ensure the health and safety of his employees[RHS14]. It is incumbent upon care providers to implement the standards that have been established by the government and regulatory institutions. It is the responsibility of care workers to ensure that these norms are implemented in their professional activities, as well as in their place of work. At the same time, care workers have to ensure that they lay sufficient emphasis upon the best interests of the service users[Fis05]. The endeavour of providing quality care requires care workers to have the following traits. First, the care workers have to be aware of the extent to which their care setting satisfies the established norms. Second, they have to be aware of the rights of service users and ensure that these rights are not subjected to infringement[Fis05]. Third, care workers should be well aware of what is expected of them, while enacting their role. In addition, they have to acknowledge the fact that they are under an obligation to empower service users. Fourth, care workers have to be knowledgeable regarding what promotes quality care in care environments and the manner, in which it is applied in practice[Fis05]. Evidently, working environments consist of several potential hazards. With regard to the NHS, some of these hazards would be exposure to bacteria, chemicals, dust, heat, light, and radioactive materials; the working environment of staff members, such as having to stand or sit for prolonged periods, or having to gaze for long periods at a visual display unit[NHS14]. The NHS Trust had established an Executive Lead to control falls problems among the elderly. Falls transpire due to several complex reasons. The older patients, in hospitals, are at a much greater risk of sustaining a fall. In a significant number of cases, vulnerability to falling increases due to medical conditions, such as delirium, cardiac, neurological or musculoskeletal issues, side effects of medication, or due to impaired balance, mobility, or strength[Pat09]. Upon appointing an Executive Lead, a reduction in harm from falls will be noticed. Such entities have to be appointed for each work stream pertaining to patient safety. Moreover, the Executive Lead could be provided with the support of a steering group that submits monthly reports to the corporate assurance system and finally to the Board of Directors of the company. It is essential for this steering group to be possessed of a multi-disciplinary and multi-agency character[Pat09]. However, the inquiry commission into the failure of the Mid Staffordshire NHS Foundation Trust, disclosed that the trust had been notorious for its longstanding ignorance regarding its services. This was especially deemed to be true of its system for cataloguing its surgical and other interventions[Hea091]. Case Study 2 The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995, makes it a legal obligation for accidents and ill health at work, to be reported. In addition, each and every accident at work has to find an entry in a book maintained specifically for this purpose. From the information recorded in this book, the local authority and the Health and Safety Executive derive considerable assistance in identifying the manner and location of occurrence of risks. In addition, it enables these entities to adopt measures that would prevent their recurrence[Fis05]. Health and safety have been addressed by a number of guidelines, laws and regulations. Although an individual need not be conversant with the nuances and finer details of these laws, guidelines, and regulations, it is essential to be aware of where one’s responsibilities commence and conclude. The law imposes certain obligations upon employers, as well as employees[Nol05]. It is indispensable for employers to provide a safe workplace, ensure safe access to the workplace, furnish employees and others with sufficient information regarding health and safety, ensure that the employees are provided with health and safety training, and undertake risk assessment with regard to all hazards[Nol05]. Employees have to take reasonable care for their individual safety and the safety of others. In addition, they have to cooperate with the employer, with respect to health and safety concerns. Moreover, employees have to ensure that they do not cause deliberate damage to health and safety equipment, or to the materials provided to them by their employer[Nol05]. As such Risk assessment can assist care planning in Health and Social care services. Certain categories of accidents have to be reported to the enforcing authority, as per the provisions of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. Such reporting has to be expeditious to the extent possible. Subsequently, a written confirmation has to be submitted to the enforcing authority in form F2508A. Such submission has to be completed, within 10 days of the occurrence of the accident[Fis05]. Moreover, Risk management constitutes an endeavour to perform a duty of care, wherein the potential benefits and hazards have been isolated. This activity encompasses a vast array of responses that tend to be frequently associated with care planning. It includes, preventive, responsive and supportive interventions to mitigate the possible adverse outcomes of risk. In addition, it strives to facilitate the latent benefits of resorting to proper risks[Nat101]. In addition, employers have to ensure that care staff working in a residential care home or agency are provided with First Aid training. In fact, employers who are registered with the Care Quality Commission have to provide such training to their care staff, if they are to comply with the national induction standards[Ski14]. It is essential for health care providers to provide patients with constructive care and to reduce to a minimum, the interventions that could prove to be dangerous to patients. In addition, health care providers have to endeavour to promote patient autonomy to the maximum extent possible. This is to be achieved by routinely and universally engaging in the recording of the patient’s history, and by ensuring the active involvement of the patient, in decisions and discussions pertaining to the advantages and disadvantages associated with the proposed or current medical treatment[Dav09]. Health care resources in the rural sector tend to be scarce. Consequently, rural health care providers have to take into account the ethicality of justice, while arriving at their day to day decisions. Furthermore, it is indispensable for rural health care providers to ensure that their emotional and psychosomatic requirements are fulfilled. This will enable health care workers to provide exceptional and ethical health care[Dav09]. A patient-provider relationship is deemed to be ethical, when it is founded upon advocacy for patient interests, confidentiality, honesty, privacy, shared desire for quality care, and trust. In this context, the Ethics Manual of the American College of Physicians declares that physicians have to act responsibly, be competent professionally, and treat patients with respect and compassion[Dav09]. Every individual who works or who utilises the services of the health or social care sector, necessarily constitutes a stakeholder with regard to the health, safety and security of individuals. Therefore, the health and social care sector is based upon the principles of health, safety and security. It has been clearly discerned that the presence of appropriate controls and compliance with the necessary legal obligations, can drastically reduce the risk of injury or harm to these people[OCR14]. The Regulators’ Compliance Code and regulatory standards mandated by the Legislative and Regulatory Reform Act 2006 determine the general principles and practices to be adopted and implemented by the health and safety enforcing authorities, such as the Health and Safety Executive and the local authorities[Hea09]. Employers, self-employed individuals, people who exercise control over the work premises, and other responsible individuals should submit reports under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. An employer is obliged to bring to the notice of the enforcing authority, any incidence of work-related death, some types of injuries to members of the public and self-employed individuals that had transpired on the employer’s premises. Moreover, the employer is required to report any dangerous occurrences that had taken place on his premises[Hea141]. Some of the cardinal objectives of the Health and Safety Executive are to safeguard the health, safety and welfare of people at work. Some of the statutory functions of the Health and Safety Executive are putting up proposals for implementing novel or revised laws and norms, conducting research, furnishing advice and information, and ensuring the presence of sufficient preparations that are aimed at enforcing health and safety legislation, vis-à-vis, to the stipulated activities related to work[Hea09]. Case Study 3 The Management of Health and Safety at Work Regulations 1999 obliges employers to ensure that health and safety hazards are controlled adequately. The least expected of employers is that they adopt measures essential for fulfilling their legal requirements, in this regard. Some of these include; first, a written health and safety policy, where the number of employees is more than four[Man991]. Second, evaluations regarding the hazards to contractors, customers, employees, partners, and any other individuals who could be affected by the activities of the employer. The important findings, of such evaluations have to be maintained as a written record, when the number of employees exceeds four[Man991]. Third, it is essential to have in place adequate arrangements for ensuring effective planning, control, organisation, monitoring and review of the protective and preventative measures adopted by the employer, and which are derived from risk assessment[Man991]. Fourth, the employer should ensure that his employees have access to competent advice regarding health and safety. Fifth, the employees have to be furnished with information relating to the workplace risks and the protection available to them. Sixth, there should be clear and adequate instruction and training to employees that helps them to deal with risks. Seventh, the workplace should be provided with sufficient and pertinent supervision. Eight, employees should be consulted with regard to the risks envisaged by them at the workplace and the extant preventive and protective measures adopted. Evidently, a formal management system makes it possible to manage health and safety hazards[Man991]. Any efficient health and safety culture depends upon proper monitoring and reporting. Therefore, management systems have to permit the company board to receive routine and specific reports relating to the company’s health and safety policy’s performance. A large proportion of the daily health and safety information tends to be reported only during a formal review. However, a strong monitoring system has the capacity to inform relevant events, as they take place, to the board, whilst permitting the routine and formal review to proceed at its planned pace[Man991]. The Management of Health and Safety at Work Regulations 1999 oblige employers to evaluate risk from the commercial activities of their organisation to their employees and other members of the public. The objective of these regulations is to ensure the presence of safety management mechanisms at the workplace[Man991]. A company has to show that the design of its premises and the precautions taken by it are such that they ensure the safety of adults and young persons from injury. However, in several instances, it has been observed that the precautionary measures adopted by companies to prevent injury on their premises have not been that efficient in preventing injury to children [Man991]. The major portion of the injuries to hospitalised patients are on account of falls. The latter have also been identified as the major cause of injuries to long term care residents and recipients of home care. A large number of health care organisations face a significant challenge, in the area of preventing such falls and the injuries resulting from these falls. There are several factors that have posed a major difficulty towards the initiatives aimed at reducing falls[Joi08]. Some of these are; an ageing population, severe shortage of staff, and an ineffective and inept work environment. These elements can make it very difficult to safeguard against falls. The difficulty in providing safe health care increases tremendously for the organisations that are engaged in furnishing such care, when the persons who are at risk of falling fail to inform the staff members of the organisation, about their propensity to be affected by such risk, prior to the occurrence of such an incident[Joi08]. As such appropriate and stringent policies at the work place produce positive health and safety outcomes for patients. With respect to a health and social care setting, it is indispensable to realise that the safety of all the persons involved is of paramount importance. This is all the more true when some of the individuals concerned do not have the capacity to ensure their own safety. Thus, there could be several care users who would have to necessarily be helped by professionals, if they are to assume responsibility for their own security, safety, and health. The Health and Safety at Work etc Act 1974, mandates that employers and individuals connected with premises are responsible towards individuals who are not their employees. This responsibility requires them to ensure that their premises are safe and devoid of risk to health; however, this is only to the extent that is reasonably feasible. As such, I am also responsible for the safety of the work premises, as a stakeholder at that place. The Health and Safety at Work etc Act 1974 protects individuals, other than the people at work, from risks to their health and safety that emerge from the activities of the people at work. Section 3 of this Act imposes several duties, of a general nature, upon employers and the self-employed. These duties are with regard to individuals who are not their employees. This policy has been adopted by the HSE, in view of the very broad nature of this section’s scope[Hea142]. I will follow the policies of the work place and strive hard to enhance the positive culture in that place. References Davis, R. & Roberts, L. W., 2009. Ethics Conflicts in Rural Communities: Patient-Provider Relationships. [online] Available at: [Accessed 19 October 2014]. Diseases and Dangerous Occurrences Regulations , 2013. United Kingdom Parliament. Fisher , A., 2005. OCR National Level 2 Health and Social Care Student Book. Oxford, UK: Heinemann. Health and Safety at Work etc Act , 1974. United Kingdom Parliament. Health and Safety Executive, 2009. Enforcement Policy Statement. [online] Available at: [Accessed 19 October 2014]. Health and Safety Executive, n.d. Who should report?. [online] Available at: [Accessed 19 October 2014]. Healthcare Commission, 2009. Investigation into Mid Staffordshire NHS Foundation Trust. [online] Available at: [Accessed 20 October 2014]. Joint Commission Resources, Incorporated, 2008. Reducing the Risk of Patient Harm Resulting from Falls:. Oakbrook Terrace, Illinois, USA: Joint Commission Resources. Legislative and Regulatory Reform Act , 2006.United Kingdom Parliament. Management of Health and Safety at Work Regulations, 1999.United Kingdom Parliament. Mid Staffordshire NHS Foundation Trust, 2012. Launch of Trust's Quality & Safety Strategy. [online] Available at: [Accessed 20 October 2014]. National Health Service Isle of Wight Council, 2010. Managing Risk Positively. [online] Available at: [Accessed 19 October 2014]. NHS UK, 2013. The NHS in England. [online] Available at: [Accessed 20 October 2014]. NHS, n.d. Health and safety officer. [online] Available at: [Accessed 20 October 2014]. Nolan, Y., Moonie, N. & Lavers, S., 2005. Scottish or National Vocational Qualification level 3. Oxford, UK: Heinemann. OCR, n.d. Health, Safety and Security in Health and Social Care. [online] Available at: [Accessed 19 October 2014]. R (HSE) v Mid Staffordshire NHS Foundation Trust, 2014. [online] Available at: [Accessed 20 October 2014]. Skills For Care, n.d. First aid. [online] Available at: [Accessed 19 October 2014]. The National Archives, n.d. The Management of Health and Safety at Work Regulations 1999. [online] Available at: [Accessed 20 October 2014]. Read More