Please enable JavaScript.
Coggle requires JavaScript to display documents.
LO3 -Understanding the roles and responsibilities - Coggle Diagram
LO3 -Understanding the roles and responsibilities
Employers - role to ensure compliance with health and safety legislation. Employers must provide a safe place to work, any necessary training and safe work equipment.
NHS – provide care to people’s homes (direct care), services such as occupational therapy, provide staff with sufficient supervising, information and training to work safely. Provide environments that are secure and healthy to work in and visit.
Local Authority – 2 roles in promoting and enforcing health and safety. Promoting – provide guidance and raise awareness of health and safety by providing information about roles and responsibilities. Enforce – carry out inspections and make recommendations for improvements send advisory letters, re inspect and prosecute premises if don’t maintain adequate standards. Care manager – develop, review and update policies and procedures, ensure effective systems for recording, reporting and investigating accidents under RIDDOR.
Head teacher – ensure school employ staff that follow health and safety policies, make sure staff know responsibilities and how to access support to manage risk appropriately. Up to date with policies. Oversight to ensure safeguarding and to protect the welfare of staff, students and visitors so the school site and activities are healthy, safe and secure.
Third sector – Charity. Safeguard and promote the health, safety and welfare of its employees and all those who work on behalf of the charity. Work closely with local authority and other agencies to promote and safeguard the welfare of individuals who require care and support. Eg. Age UK, National autistic society, Mencap, Childline, MIND
Employees – role is to use safe working practices to maintain their own and others safety, attend health and safety training, use PPE, report hazards in the workplace. Individuals who require support - follow all health and safety instructions provided verbally by staff. Report any hazards they become aware of.
employers’ role in promoting, maintaining and enforcing health and safety policies and procedures
(e.g. overall responsibility for following organisational policies and procedures, but can delegate tasks)
employees’ role in using any equipment or substance in accordance with training, report serious or imminent danger, report shortcomings in employers’ health and safety arrangements
individuals who require care and support, their role in understanding the health and safety policies and practices in the environment in which they are being supported
(e.g. adhering to the care settings’ procedures)
Responsibilities include
Promoting, maintaining and enforcing health and safety policies and procedures
Employees need to use equipment correctly as per their training and report any gaps in health and safety that could endanger lives
Service users need to understand health and safety policies and the practices that operate within the setting they use, ensuring they follow instructions
Need to know
direct costs (e.g. claims on employers and public liability insurance, sick pay, fines)
• indirect costs (e.g. recruitment costs, overtime payments, low staff morale)
• disciplinary action (e.g. first written warning, final written warning, dismissal)
• civil (common law) and criminal prosecution (statute law)
• being removed from professional registers (e.g. medical, teaching)
• causing injury or harm
• being injured or harmed
Disciplinitary action
Employers can bring about disciplinary action e.g. written warning, final written warning, dismissal
Firstly they will carry out an investigation to establish all the relevant facts; during this period an employer may be suspended
If no misconduct is found the employee may be asked to return to work and resume their responsibilities
If there is a case to answer, the employee should be informed in writing of the alleged misconduct as well as the time/venue of any disciplinary meeting
Evidence such as witness statements should be made available to the employee
Criminal prosecution
Under the Health and Safety (Offences) Act 2008, the conviction of a director or other employee of failing to take reasonable care for the H&S of themselves or others can result in imprisonment for up to a 2 year period or an unlimited fine
The
H&S@WA
(1974) states that if a director/senior manager personally commits an offence and their actions are deemed grossly negligent and can cause a person’s death- then a charge of gross manslaughter can be brought
The Corporate Manslaughter and Corporate Homicide Act 2007 states that corporate manslaughter can be committed by an organisation
The offence is committed if the way an organisation’s activities are managed by senior management lead to a person’s death
Fines imposed on individuals/organisations have ranged from £100s to £1000s to £millions
Causing injury and harm
Employers, employees, individuals who require care and support may harm/injure themselves and to others if they fail to carry out their responsibilities
Not having a clear procedure in place for carrying out risk assessments could mean your employer cannot identify H&S hazards
Employees have a responsibility to only carry out tasks that they are competent to do
If they are unsure about a task or have not received sufficient training they must inform their employer; not doing so could lead to injury or harm to themselves, colleagues or the individuals they provide care/support for
Individuals are responsible for working with employers and employees in promoting their own and others’ health, safety and welfare; not doing so may lead to putting themselves and others working and visiting the setting in danger and could result in injuries or harm