Legislation

Health and Safety Legislation

Management of Health and Safety at Work Regulations 1992

Regulation 3(1) of the Management of Health and Safety at Work Regulations 1992 requires employers to make a suitable and sufficient assessment of the risks to the health and safety of their employees while at work. Where this assessment indicates the possibility of risks to employees from the manual handling of loads, the requirements of the Manual Handling Operations Regulations 1992 (updated 1998), should be observed.

Section 12 of the Management of Health and Safety at Work Regulations 1992 requires employees to make use of appropriate equipment provided for them in accordance with their training and the instructions their employer has given them. Such equipment will include machinery and other aids provided for the safe handling of loads.

Management of Health and Safety at Work Regulations 1999

Risk Assessment

Every employer shall make a suitable and sufficient assessment of:

The risks to the health and safety of his employees to which they are exposed whilst they are at work; and

The risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking, for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by the relevant statutory provisions’ (r.3).

Self-employed: risk assessment

Every self-employed person must likewise carry out a suitable and sufficient assessment in relation to his or her own health and safety, and also to that of people not in his/her employ, but arising out of the conduct of his/her undertaking (r.3).

Review of risk assessment

There is a duty to review the assessment if there is reason to believe it is no longer valid or there has been a significant change to which it relates – and where changes to the assessment are required, the employer or self-employed person must make them (r.3).

Principles of prevention to be applied

Employers must implement preventive and protective measures on the basis of specific principles, These are:

– Avoiding risks;

– Evaluating risks that cannot be avoided;

– Combating risks at source;

– Adapting work to be individual, especially as regards the design of workplaces, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a core-determined work-rate and to reducing their effect on health;

– Adapting to technical progress;

– Replacing the dangerous by the non-dangerous or the less dangerous;

– Developing a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships, and the influence of factors relating to the work environment;

– Giving collective protective measures priority over individual protective measures; and giving appropriate instructions to employees (r.4 and schedule).

Arrangements

Every employer must ensure that employees are provided with such health surveillance as is appropriate having regard to the risks to their health and safety identified by the assessment (r.6).

Health and Safety Assistance

Duty to appoint one or more competent persons to assist in undertaking the required health and safety measures (r.7).

Serious and imminent danger

Employers must establish, and when necessary give effect to, appropriate procedures to be followed in case of serious and imminent danger. In particular, the procedures must

(a) So far as is practicable, require any persons at work who are exposed to serious and imminent danger to be informed of the nature of the hazard and of the steps taken or to be taken to protect them from it;

(b) Enable the persons concerned…to stop work and immediately proceed to a place of safety in the event of their being exposed to serious, imminent and unavoidable danger; and (c) save in exceptional cases for reasons duly substantiated (which cases and reasons shall be specified in those procedures), require the persons concerned to be prevented from resuming work in any situation where there is still a serious and imminent danger (r.8).

Information

Every employer shall provide his employees with comprehensible and relevant information on:

– The risks to their health and safety identified by the assessment;

– The preventive and protective measures;

– The serious and imminent danger procedures and persons nominated in relation to them;

– Any risks notified to him by other employees (see below) (r.10).

Cooperation and coordination in shared workplace

If two or more employers share a workplace temporarily or permanently then each such employer shall:

– Cooperate with the other employers concerned so far as is necessary to enable them to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions;

– (Taking into account the nature of his activities) take all reasonable steps to coordinate the measures he takes to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions with the measures the other employers concerned are taking to comply with the requirements and prohibition imposed upon them by or under the relevant statutory provisions; and

– Take all reasonable steps to inform the other employers concerned of the risks to their employees health and safety arising out of or in connection with the conduct by him of his undertaking.

The above applies also as between the self-employed and between employers and the self-employed (r.11).

Host Employers

Every employer and self-employed person shall ensure that the employer of any employees from an outside undertaking (or self-employed person) who are working in his undertaking is provided with comprehensible information on:

The risks to those employees health and safety our of or in connection with the conduct by that first mentioned employer or by that self-employed person of his undertaking;

The measures taken……

Every employer shall ensure that any person working in his undertaking who is not his employee and every self-employed person (not being an employer) is provided with appropriate instructions and comprehensible information regarding any risks to that person’s health and safety which arise out of the conduct by that employer or self-employed person of his undertaking (r.12).

The above applies as between self-employed people, and between self-employed people and employers.

Capabilities of individual: risk to self and others

Every employer shall, in entrusting tasks to his employees, take into account their capabilities as regards health and safety (r.13).

Training

Every employer shall ensure that his employees are provided with adequate health and safety training

On (a) being recruited into the employer’s undertaking; and (b) on their being exposed to new or increased risk because of

– Their being transferred or given a change of responsibilities within the employer’s undertaking,

– The introduction of new work equipment into or a change respecting work equipment already within the employer’s undertaking,

– The introduction of new technology into the employer’s undertaking, or

– The introduction of a new system of work into or a change respecting a system of work already in use within the employer’s undertaking.

The training shall:

– Be repeated periodically where appropriate;

– Be adapted to take account of any new or changed risks to the health and safety of the employees concerned; and

– Take place during working hours (r.13).

Employees’ duties

Every employee shall use any machinery, equipment, dangerous substance, transport equipment, means of production or safety device provided to him by his employer in accordance both with any training in the use of the equipment concerned which has been received by him and the instructions respecting that use which has been provided to him by the said employer in compliance with the requirements and prohibitions imposed upon that employer by or under the relevant statutory provisions (r.14).

Informing employer about danger to health and safety

Every employee shall inform his employer or any other employee of that employer with specific responsibility for the health and safety of his fellow employees:

– Of any work situation, which a person with the first-mentioned employee’s training and instruction would reasonably consider, represented a serious and immediate danger to health and safety;

– Of any matter which a person with the first-mentioned employee’s training and instruction would reasonably consider represented a shortcoming in the employer’s protection arrangements for health and safety,

Insofar as that situation or matter either affects the health and safety of that first-mentioned employee or arises out of or in connection with his own activities at work, and has not previously been reported to his employer or to any other employer in accordance with this paragraph (r.14).

Manual Handling Operations Regulations 1992 (updated 1998)

Regulation 4(1) of the Manual Handling Operations Regulations establishes a hierarchy of control measures:

(1) Each employer shall:

(a) As far as is reasonably practicable, avoid the need for his employees to undertake any manual handling operations at work which involves a risk to them being injured. Such duties are satisfied if the employer can show that the cost of any further preventative steps would be grossly disproportionate to the further benefits from their introduction.

Avoid hazardous manual handling operations so far as is reasonably practicable, for example by redesigning the task to avoid moving the load or by automating or mechanising the process.

(b) Make a suitable and sufficient assessment of all such manual handling operations to be undertaken by them. Schedule 1 to the regulations states that the assessment should take account of the task, load, the working environment and individual capability.

Make a suitable and sufficient assessment of any hazardous manual handling operations that cannot be avoided.

(c) Take appropriate steps to reduce the risk of injury to those employees arising out of their undertaking such manual handling operations to the lowest level reasonably practicable.

Reduce the risk of injury from those operations so far as is reasonably practicable. Where possible, mechanical assistance might be provided, for example a sack trolley or hoist. Where this is not reasonably practicable look at ways of changing the task, the load and working environment.

The use of an ergonomic approach is encouraged. Ergonomics is sometimes described as ‘fitting the job to the person, rather than the person to the job’. The ergonomic approach looks at manual handling as a whole. It takes into account a range of relevant factors, including the nature of the task, the load, the working environment and individual capability and requires worker participation.

When a more detailed risk assessment is necessary it should follow the broad structure set out in Schedule 1 to the Regulations. The Schedule lists a number of questions in five categories:

1. the task;

2. the load;

3. the working environment;

4. individual capability and

5. other factors, for example use of protective clothing.

Each of these categories may influence the others and none of them can be considered on their own. However, to carry out an assessment in a structured way it is often helpful to begin by breaking the operations down into separate, more manageable items.

The employer shall also take appropriate steps to provide any of those employees who are undertaking manual handling operations with general indications and (where it is reasonably practicable) precise information on the weight of the load and the location of the centre of gravity of the load.

Any risk assessment must be reviewed by the employer, who made it, if:

· there is any reason to suspect that the assessment is no longer valid or

· there has been a significant change in the manual handling operations at work to which the assessment relates

Where, as a result of a review, changes to the assessment are required; the relevant employer must make them i.e. the risk assessment needs to be reviewed

Regulation 5 of the MHORegs states that employees must:

“Make full and proper use of any system of work provided for his use by his employer”.

i.e. follow the guidance detailed in the risk assessment / care plan.

Health and Safety at Work Act 1974

The Health and Safety at Work Act 1974 is the primary legislation relating to general health and safety at work.

Employer’s duties under Section 2(1) and 2(2) of the Health and Safety at Work Act (HSAWA) 1974 are:

“….to ensure as far as is reasonably practicable the health, safety at work of all employees”

“…to provide such information, instruction, training and supervision as is necessary to ensure as far as is reasonably practicable the health and safety at work of his employees”.

i.e. employers are expected to look after their employee’s health and safety and provide them with safe systems of work, the necessary training, instruction and supervision to reduce the risk of them being injured.

Employee’s duties under section 7 of the HSAWA Act 1974 are:

“….to take reasonable care for their own health and safety and that of others who may be affected by their activities”

“…..co-operate with their employers to enable them to comply with their health and safety duties”

i.e. employees are required to look after themselves and the people with whom they are working alongside and should inform their employers if they feel that they are placed at risk of injury.

Additional responsibilities of the employers under other health and safety related regulations are:

The Management of Health and Safety at Work regulations 1999 (MHSW)

These regulations require all employers to plan, control, organise, monitor and review their work procedures including:

· Assessing the risks arising from their work to the health and safety of their employees (including new and expectant mothers and young people) and of anyone else who might be affected.

· Recording any significant findings in firms with five or more employees.

· Implementing preventive and protective measures and ensuring they are properly managed.

· Providing employees with adequate information on health and safety arrangements and the training they need to help them deal with risks

· Co-operating in health and safety matters where others share the workplace.

Self employed people are also required to assess risks, take preventative or protective measure and co-operate with health and safety measure.

Workplace (Health, Safety & Welfare) Regulations 1992

Regulation 5 deals specifically with the maintenance of workplace and of equipment, devices and systems, placing responsibility on the employer to ensure that such are in efficient working order and in good repair.

Workplace (Health, Safety & Welfare) Regulations 1992

Regulations 6, 7, 8 and 9 deal with the provision of adequate and appropriate ventilation, temperature, lighting and cleanliness.

Regulation 10 states that “every room where persons work shall have sufficient floor area, height and unoccupied space for the purposes of health, safety and welfare”.

It gives specific minimum space requirements for an environment in which people are required to work.

Workplace (Health, Safety & Welfare) Regulations 1992

Regulation 5 of the Workplace (Health, Safety & Welfare) Regulations 1992 deals specifically with the maintenance of workplace, and of equipment, devices and systems, placing responsibility on the employer to ensure that such are in efficient working order and in good repair.

Regulations 6,7,8 and 9 of the Workplace (Health, Safety & Welfare) Regulations 1992 deal with the provision of adequate and appropriate ventilation, temperature, lighting and cleanliness.

Regulation 10 states that “every room where persons work shall have sufficient floor area, height and unoccupied space for the purposes of health, safety and welfare”. It gives specific minimum space requirements for an environment in which people are required to work.

Risk Assessment Process

The Approved Code of Practice which accompanies the Manual Handling Regulations states that a risk assessment should involve identifying the hazards present in any undertaking and then evaluate the risks involved.

A suitable and sufficient assessment of risk should:

– Identify the significant risks arising out of the work

– Enable the employer to identify and prioritise the measures that need to be taken to comply with the relevant statutory provisions

– Be appropriate to the nature of the work.

In particular, a risk assessment should:

– Ensure all relevant hazards are addressed;

– Address what actually happens in the work place or during the work activity

– Identify who might be at risk

– Take account of preventative or precautionary measures.

It is essential to identify the hazards and risks with regard to the;

– Tasks which are carried out within the work environment

– Individuals which are carrying out the task

– Loads which are being carried

– Environment in which the loads are being carried

Manual Handling Operation Regulations 1992(updated 1998)

Factors to which the employer must have regard and questions he must consider when making an assessment of manual handling operations:

Regulations 4(1)(b)(i) 

Factors Questions
1 The tasks  Do they involve:

– holding or manipulating loads at a distance from the trunk?

– unsatisfactory bodily movement or posture especially:

– twisting the trunk?

– stooping?

– reaching upwards?

– excessive movement of loads, especially:

– excessive lifting or lowering distances?

– excessive pushing or pulling of loads?

– risk of sudden movement of loads?

– frequent or prolonged physical effort?

– insufficient rest or recovery periods?

– a rate of work imposed by a process?

2 The loads  Are they:

– heavy?

– bulky or unwieldy?

– difficult to grasp?

– unstable, or with contents likely to shift?

– sharp, hot or otherwise potentially damaging?

3 The working environment Are there:

– space constraints preventing good posture?

– uneven, slippery or unstable floors?

– variations in level of floors or work surfaces?

– extremes of temperature of humidity?

– conditions causing ventilation problems of gusts of wind?

– poor lighting conditions? 

4 Individual Capability  Does the job:

– require unusual strength, height etc.?

– create a hazard to those who might reasonably considered to be pregnant or to have a health problem?

– require special information or training for it’s safe performance? 

5 Other Factors  Is movement or posture hindered by personal protective equipment or by clothing?

Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)

The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) came into force on 5 December 1998 .

The Regulations aim to reduce risks to people’s health and safety from lifting equipment provided for use at work.

In addition to the requirements of LOLER, lifting equipment is also subject to the requirements of the Provision and Use of Work Equipment Regulations 1998 (PUWER)

Generally, the Regulations require that lifting equipment provided for use at work is:
used safely, i.e. the work is planned, organised and performed by competent people; and
is subject to ongoing thorough examination and, where appropriate, inspection by competent people;
sufficiently strong, stable and suitable for the proposed use. Similarly, the load and anything attached (e.g. timber pallets, lifting points) must be suitable; strong and stable enough for the particular use and marked to indicate safe working loads;
positioned or installed to prevent the risk of injury, e.g. from the equipment or the load falling or striking people;
visibly marked with any appropriate information to be taken into account for its safe use, e.g. safe working loads. Accessories, e.g. slings, clamps etc, should be similarly marked.

Additionally the employer must ensure that:
where appropriate, before lifting equipment (including accessories) is used for the first time, it is thoroughly examined.
Lifting equipment may need to be thoroughly examined in use at periods specified in the Regulations (i.e. at least six-monthly for accessories and equipment used for lifting people and, at a minimum, annually for all other equipment) or at intervals laid down in an examination scheme drawn up by a competent person.
All examination work should be performed by a competent person; and following a thorough examination or inspection of any lifting equipment, a report is submitted by the competent person to the employer to take the appropriate action.

What equipment is covered by the Regulations?

Lifting equipment includes any equipment used at work for lifting or lowering loads, including attachments used for anchoring, fixing or supporting it. The Regulations cover a wide range of equipment including, cranes, fork-lift trucks, lifts, hoists, mobile elevating work platforms and vehicle inspection platform hoists. The definition also includes lifting accessories such as chains, slings, eyebolts etc.

Employees do not have duties under LOLER but they do have general duties under the Health and Safety at Work Act HASWA Act 1974 and the Management of Health and Safety at Work Regulations 1999 (MHSWR), for example to take reasonable care of themselves and others who may be affected by their actions and to co-operate with others.

How are the Regulations enforced?

Health and safety inspectors enforce the Regulations.

Provision and Use of Work Equipment Regulations 1998

The Provision and Use of Work Equipment Regulations 1998 (PUWER) came into force on 5 December 1998 . PUWER replaces the Provision and Use of Work Equipment Regulations 1992. The Regulations require risks to people’s health and safety, from equipment that they use at work, to be prevented or controlled.

In general terms, the Regulations require that equipment provided for use at work is:
suitable for the intended use;
safe for use, maintained in a safe condition and, in certain circumstances, inspected to ensure this remains the case;
used only by people who have received adequate information, instruction and training; and
accompanied by suitable safety measures, e.g. protective devices, markings, warnings.

What equipment is covered by the Regulations?

Generally, any equipment which is used by an employee at work is covered, for example hammers, knives, ladders, drilling machines, power presses, circular saws, photocopiers, lifting equipment (including lifts), dumper trucks and motor vehicles.

Whilst employees do not have duties under PUWER, they do have general duties under the Health and Safety at Work Act (HASWA) and the Management of Health and Safety at Work Regulations 1999 (MHSWR), for example to take reasonable care of themselves and others who may be affected by their actions and to co-operate with others.

How are the Regulations enforced?

Health and safety inspectors enforce the Regulations.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (R.I.D.D.O.R) 1995.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 came into force on 1 April 1996.

RIDDOR ’95 requires the reporting of work-related accidents, diseases and dangerous occurrences. It applies to all work activities but not to all incidents.
Reporting accidents and ill health at work is a legal requirement. The information enables the enforcing authorities to identify where and how risks arise and to investigate serious accidents.

Employers, those who are self-employed or in control of work premises have duties under the regulations. They are required to report the following:

· Death or major injury – If there is an accident connected with work and:

· an employee, or a self-employed person working on work premises, is killed or suffers a major injury (including as a result of physical violence); or a member of the public is killed or taken to hospital;

The employer must notify the enforcing authority without delay (eg. by telephone). Within ten days the employer must follow this up with a completed accident report form.

Over-three-day injury – If there is an accident connected with work (including an act of physical violence) and an employee, or a self-employed person working on the work premises suffers an over-three-day injury, a completed accident report form has to be sent to the enforcing authority within ten days. An over-three-day injury is one which is not major but results in the injured person being away from work or unable to do their normal work for more than three days (including non-working days).

Disease – If a doctor notifies an employer that an employee suffers from a reportable work-related disease then a completed disease report form has to be sent to the enforcing authority.

Dangerous occurrence – If something happens which does not result in a reportable injury, but which clearly could have done, then it may be a dangerous occurrence which must be reported immediately (eg. by telephone). Within ten days this must be followed with a completed accident report form.

The Reporting of Injuries, Diseases and Dangerous Occurrence (RIDDOR) Regulations 1995 require the reporting of certain incidents to the enforcing authority. These incidents must be reported via the Incident Contact Centre based at Caerphilly (telephone number 0845 300 9923).
Keeping records

A record must be kept of any reportable injury, disease or dangerous occurrence. This must include the date and method of reporting; the date, time and place of the event; personal details of those involved; and a brief description of the nature of the event or disease. The records can be kept in any form:
keeping copies of report forms in a file;
recording the details on a computer; or
maintaining a written log.
Definitions of major injuries and dangerous occurrences as they relate to lifting and handling are:

Reportable major injuries are:
fracture other than to fingers, thumbs or toes;
amputation;
dislocation of the shoulder, hip, knee or spine;

Reportable dangerous occurrences are:
collapse, overturning or failure of load-bearing parts of lifts and lifting equipment;

Reportable diseases include:
certain musculoskeletal disorders;

Human Rights – Impact of the Human Rights Act 1998 (Implemented 2000) on Manual Handling.

Guidance is taken from the Health and Safety Executive (HSE) which states that:

“HSE recognises the problems with the manual lifting and handling of people and that a balance has to be struck between ensuring the safety of the employee performing a (manual) handling task and meeting the needs of the service user, whilst respecting the human rights of both the carer (handler) and the service user”.

The High Court has recently given judgment in a case involving the personal care arrangements for two young women with severe learning and physical disabilities (A, B, X and Y v East Sussex County Council).

The judgement draws on the European Convention, the UK ’s Human Rights Act, the Charter of Fundamental Rights of the European Union and the guidance HSG 225 from the Health and Safety Executive entitled Handling Homecare: achieving safe efficient and positive outcomes for care workers and clients’ (2001).

Its most fundamental message is that manual handling requirements do not extend so far as to guarantee safety for employees; instead they are designed to ensure that risk is minimised, not removed altogether, that would either be impracticable or would overlook the legal rights and needs of the persons being lifted.

There were 3 key Human Rights articles particularly highlighted in the case:

Article 2 – Right to Life

Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

Article 3 – Prohibition of Torture

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 3 of the Human Rights Act safeguards against inhuman and degrading treatment.

Article 8 – Right to Respect for Private and Family Life

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

The interests covered by article 8 are the ‘dignity’ interests of service users and their rights to participate in the community and to have access to an appropriate range of recreational and cultural activities.

The Manual Handling Operations Regulations 1992 require the identification of hazardous lifts and thereafter their avoidance where reasonably practicable. Where not possible, the regulations require of employers the reduction of the risk to the lowest reasonably practicable level.

The cost benefit analysis as to what is reasonably practicable has to take into account the rights of the disabled person under the Human Rights Convention and Charter – i.e. to dignity and involvement in the community. These rights mean that it will not always be reasonably practicable to avoid or minimise the risks involved.

When assessing the impact of measures to reduce risk on the disabled person, the following must be considered, though none are determinative, in a user focused way, the physical and mental characteristics of the person, the nature and degree of the disability, the wishes and feelings of the person and the negative reactions to proposals.

Care planning must be individuated, with the interests of the service user weighing particularly heavily in the balance, given their greater than average need for amelioration to their lives caused by their disabilities.

Carers / handlers may not be given instructions, but only advice in relation to determining the wishes and feelings of the client.

All manoeuvres and techniques necessary for the maintenance of the dignity, comfort and quality of life of the service user must be achieved.

Definition of Abuse

Physical Abuse

Physical abuse is any physical contact which harms clients or is likely to cause them unnecessary and avoidable pain and distress. Examples include handling the client in a rough manner, giving medication inappropriately and poor application of manual handling techniques or unreasonable physical restraint. Physical abuse may cause psychological harm

Psychological Abuse

Psychological abuse is any verbal or non-verbal behaviour which demonstrates disrespect for the client and which could be emotionally or psychologically damaging. Examples include mocking, ignoring, coercing, threatening to cause physical harm or denying privacy.

Verbal Abuse

Verbal abuse is any remark made to, or about a client which may reasonable perceived to be demeaning, disrespectful, humiliating, racial, sexist, homophobic, ageist or blasphemous. Examples include making sarcastic remarks using a condescending tone of voice or using excessive and unwanted familiarity.

Sexual Abuse

Sexual abuse is touching, inducing or attempting to induce the client to engage in any form of sexual activity. This encompasses both physical behaviour and remarks of a sexual nature made towards the client. Examples include touching a client inappropriately or engaging in sexual discussions which have no relevance to the client’s care.

Financial/material Abuse

Financial/material abuse involves not only illegal acts such as stealing a client’s money or property but also the inappropriate use of a client’s funds, property or resources. Examples include borrowing property or money from a client or a client’s family member, inappropriate withholding of a client’s money or possessions and the inappropriate handling of, or accounting for, a client’s money or possessions

Neglect

Neglect is the refusal or failure on the part of the registered nurse, midwife or health visitor to meet the essential care needs of a client. Examples include failure to attend to the personal hygiene of a client, failure to communicate adequately with the client and the inappropriate withholding of food, fluids, clothing, medication, medical aids, assistance or equipment.

Registered nurses, midwives and health visitors have a responsibility to protect clients from all forms of abuse.

Zero Tolerance in Practice

If, in the course of their practice, social care workers, health care workers, registered nurses, midwives and health visitors suspect or believe that a service user is or has been abused, they must report this as soon as practical to a person of appropriate authority.

All incidents of alleged or suspected abuse require a through and careful investigation which must take full account of the circumstances and the context of the abuse.

The Nursing and Midwifery Council (NMC), the regulatory body for UK nurses and midwives, recognises the prerogative of employers and managers to take appropriate local remedial or disciplinary action. However, this does not absolve the employer or manager of the responsibility to report to the NMC allegations of professional misconduct made against named registered nurses, midwives or health visitors which, if proven, would call into question their fitness to practice. In reporting alleged professional misconduct to the NMC, an employer or manager should identify those incidents which are serious enough to consider removing the practitioner’s name from the professional register in the interests of public safety. Detailed information and advice is published in the NMC’s Reporting misconduct – information for employers and managers, which is available free of charge.

Now go to Unit 3 workbook and complete the exercises on Legislation