Laws and Legislation Essay

Main principles: The Act sets out the general guidelines that employers have towards employees, and employees have to themselves and to each other . These guidelines are set in the Act by the principle of so far as is reasonably practicable. In other words, an employer does not have to take measures to avoid or reduce the risk if they are technically impossible or if the time, trouble or cost of the measures would be grossly disproportionate to the risk. This also includes and mandatory training that must be completed before commencing in the work place i.e Moving and handling. Influence in my own job role: In my job role I refer to this act daily as I continually risk assess any type of situation and ensure I adhere to this act at all times by ensuring that I do not put myself or others at any risk. With new staff members, I ensure that they are allocated a place on the next Moving and Handling course and ensure that they are not working with any tenant that may include using hoists etc. Control of substances hazardous to health regulation 2002 COSHH is the law that requires employers to control substances that may be hazardous to health. This can be prevented by finding out what the health hazards are by contacting the company of any cleaning product etc and gaining a data sheet for this. deciding how to prevent harm to health by completing a risk assessment for each cleaning product as per the Data Sheet. providing control measures to reduce harm to health. After completing the risk assessment, decide whether to used the product. making sure they are used by including ways to prevent i.e skin contact with a hazardous substance and ways this can be resolved if this does happen. Ensuring that all risk assessments are reviewed regularly. Influence in my own job role: Again I use this in my every day working life as I ensure that all cleaning products have data sheets and no product that has not been risk assessed is used. I also ensure that no bleach products are used in the tenants own homes. I also ensure that the risk assessments are reviewed every 6 months. RIDDOR regulations 1995 Main Principles: This regulation requires employers to report job related injuries that result in 3 or more days off work. Also the employer must report and outbreak of illness or disease in the workplace. This is in accordance with the Health and Safety at work Act 1974. This helps the Health and Safety Executive to investigate and find out ways of preventing workplace injuries. Influence in my job role: I use knowledge of this regulation all the time in my day to day job. As a senior support worker I ensure that any injury sustained in correctly written up and reported to the correct people. Personal Protective Equipment at work regulation 1992 The Personal Protective Equipment at Work Regulations 1992 cover equipment intended to be used by a person at work that requires protection against health and safety risks. This includes protective clothing (e.g. overalls, weatherproof clothing, gloves, safety footwear) as well as equipment such as protective eyewear and safety harnesses. Influence in my job role. I use PPE every day in my job as I am required to carry out personal care on service users. This is to protect myself from any health and safety risks e.g slipping on floors, cutting myself, cross contamination. I also ensure that all support worker use PPE where applicable. The Data Protection act 1998 The purpose of the Act is to protect the rights and privacy of individuals, and to ensure that data about them are not gathered without their knowledge and are gained with their consent wherever possible. The Act covers personal data relating to living people. There are 8 main principles to this act which are: 1. Personal data shall be processed fairly and lawfully 2. Personal data shall be obtained only for a specified and lawful purpose or purposes, and shall not be further processed in any manner incompatible with that purpose or purposes 3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. 4. Personal data shall be accurate and, where necessary, kept up to date. 5. Personal data processed for any purpose shall not be kept for longer than is necessary for that purpose 6. Personal data shall be processed in accordance with the rights of data subjects under the Data Protection Act 7. Appropriate technical and organisational measures shall be taken to prevent the unauthorised or unlawful processing of personal data and the accidental loss, destruction of or damage to personal data. 8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. ( Taken from www.soac.co.uk) Influence in my own job role. I use this in my day to day job as I ensure that myself and all staff uphold confidentiality at all times. I ensure that records beloning to the service user are kept in their own homes and only them and any significant others have access to them. I also ensure that all staff including myself record any data regarding the tenant clearly and factually, and again this is kept in the tenants own home. SSSC Codes of practice. The Code of Practice for Social Service Workers describe the standards of professional conduct and practice required of social service workers as they go about their daily work. They describe that responsibilities if the employer towards the employee and the responsibilities of the employee themselves. Influence in my own job role I continually revise these codes of practice and adhere to them in my day to day life. I ensure that all support workers that I supervise have a good knowledge of these and also encourage them to continually revise them to gain a knowledge of these. My employer ensures that I have all the mandatory training that I need to enable me to carry out my job to the best of my ability and with the knowledge and skills to perform in an acceptable way. National care Standards. These are standards set by the government to ensure that all individuals in care are able to lead a fulfilling life. The 6 standards are: Choice Dignity Privacy Equality and Diversity Realising Potential Influence in my own job role I use these standards to influence the way I support my tenants. As I work in a supported living service, it is very easy to become insitutionalised by ‘doing everything’ for the tenant. By following the 6 main principles I ensure that the tenant can so as much as they can themselves. I support them to set goals for themselves and support them in their day to day life. The Disability Discrimination act 1995 The Disability Discrimination Act 1995 aims to end the discrimination that faces many people with disabilities. It now gives people with disabilities rights in the areas of: employment   education   access to goods, facilities and services, including larger private clubs and transport services buying or renting land or property, including making it easier for people with disabilities to rent property and for tenants to make disability-related adaptations functions of public bodies, for example issuing of licences The legislation requires public bodies to promote equality of opportunity for people with disabilities. It also allows the government to set minimum standards so that people with disabilities can use public transport easily (taken from www.nidirect.gov.uk) Influences in my own Job role: I continually adhere to this act in day to day life. I support tenants to gain employment and explain their own rights to them so that if they encounter any problems e,g gaining access to somewhere, then I will help them to take the steps required to change something and to be able to have easy access anywhere. The Mental Health act 2003 This act covers individuals with mental health problems who may need to be admitted to hospital due to health problems that may not be deemed as important to that individual due to their mental health problems. This can be done against their will if it in the individuals best interests. Influence in my own job role. As I work with a couple of individuals with mental health problems I have knowledge of this act and if that individual is suffering in any way, shape or form, I will ensure that I contact the relevant individuals to ensure the safety of the tenant is in my best interests. Adults with incapacity act 2000 This guide outlines who the Act can help and the arrangements that can be put in place to give others authority to act or make decisions for someone who lacks capacity to do so for him/herself. It explains what is meant by ‘incapacity’ and sets out the principles to be followed by everyone who is authorised to act on behalf of someone with incapacity. Influence in my job role I do not directly use this in my job role but I am aware of this as there are a couple of individuals who are deemed to not have capacity and they have family members who are welfare guardian and also financial appointees. I am aware the person appointed as welfare guardian can make decision about that individuals life, health etc over and above that individual as long as it is in the individuals best interests. Public services reform act 2010 This act ensures that all governed care companies are inspected by the SCSWIS to ensure that all rights of individuals in our care are upheld. Influence in my job role This influences me in my job role on a daily basis as, as a company we strive to better ourselves continually and work on improving our service that we deliver in adherence to the most recent inspection by SCSWIS. When there is an inspection I have involvement with this by either filling in staff questionnaires, supporting tenants to fill in service user questionnaires and also, if on shift, talking with the inspector.