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

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

There are a number of pieces of legislation that relate to health and safety in a care setting. One of the most important is the Health and Safety at Work Act 1974, which sets out the general duties of employers and employees to protect people from harm at work. Other key pieces of legislation include the Management of Health and Safety at Work Regulations 1999 and the Provision and Use of Work Equipment Regulations 1998.

Each piece of legislation has its own specific requirements, but in general, they all aim to ensure that people are safe when they are working. Healthcare workers have a duty to comply with these regulations, and employers have a duty to ensure that their workers are properly trained and know how to safely carry out their duties so that they will not pose a risk to patients.

Some specific legislation relating to health and safety in a care setting includes:

Children and Young Persons Act 1933 – this legislation made it an offense for children under the age of eight years to be employed but allows them to take part in performances, displays or entertainments provided certain conditions are met.

The Data Protection Act 1998 – this legislation aims to protect personal information about people who are working or seeking work. It prevents discrimination by restricting the circumstances in which employers can obtain, use and disclose personal data about their employees, including health records.

The Management of Health and Safety at Work Regulations 1999 – these provide duty of care statements for employers or self-employed people which they should follow. The statements set out the steps that need to be followed in order to identify and control risks at work, including risks to health and safety.

The National Minimum Wage Act 1998 – this legislation was designed to fix minimum rates of pay per hour for most workers over school leaving age, including those in work such as health support workers.

The Pensions Act 1995 – this legislation sets out when people under the age of 75 who do not normally live in England and Wales need to be automatically enrolled into a pension scheme and what type of pension they must receive. It also requires employers with at least five employees to arrange automatic enrolment into a workplace pension scheme and to make contributions for employees.

The Provision and Use of Work Equipment Regulations 1998 – these state that employers must ensure that any equipment, machines or vehicles provided to their workers meet safety standards while allowing workers to carry out job functions properly and efficiently.

The Registered Designs Act 1949 – this legislation sets out the rules for protecting registered designs, which are given legal protection to ensure that the reputation of products is not damaged. It also allows designers to check that new products do not infringe existing patents or registered designs.

The Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013 – these require employers to report all workplace accidents, occupational diseases, dangerous occurrences, and specified work-related diseases to their enforcing authority.

The Working Time Regulations 1998 – these regulate the hour’s people are allowed to work each week, as well as minimum daily and weekly rest periods. They also include rules about night working and ensuring that young people do not work more than eight hours a day or 40 hours a week.

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