Health and Safety at home. Section 51 guidance.
Guidance available on website – If care being provided in private domestic household and the care being provided is general personal care which is not ‘beyond the ordinary’ then HSWA unlikely to apply.
However, if specialist training is required, e.g. for people handling or dealing with challenging behavior then HSWA more likely to apply.
NB – This is advice only – it still has to be tested by courts – each case would have to be considered on merit. There are still civil duties of care.
Recent case – lifting equipment demonstrates how important it is to have clear responsibilities and roles for both provider and cared for.
Newport tracking hoist incident – community provided equipment (for self use) – hoist designed for assisted lifts, no method to summon assistance, hand set was found to be easily detached, some directional buttons didn’t operate in direction indicated, emergency pull cord failed due to battery terminal corroded. User found upside down in sling and had asphyxiated. Section 3 HSWA still applies to equipment provided in the community
Future role of HSE. He sited the Government Reviews. Common Sense, Common Safety, Some low risk industry checklists developed – main change being ‘over 3 day’ to ‘over 7 day’ recommendation being implemented – earliest date April 2012.
SR10 – reduction in budget – review of how we operate. Lofstedt review of H&S legislation – reporting back by December. Good H&S, Good for everyone.
H&SC identified as sector where ‘proactive inspection less likely to be effective’ HSE has stopped proactive inspections in this sector.
Proactive interventions or initiatives will still be undertaken but only where serious issues and evidence of poor standards are identified.
Reactively – will continue as normal but may look wider than initial cause of concern if necessary.
HSE intervention strategy is currently being worked on.
Cost recovery- Awaiting outcome of consultation – if we have to inspect and find evidence of non-compliance there is a proposal for charging for time to deal with issue, the details CD235 on website. A dry run is underway looking at process and arrangements within HSE.