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  • 1. ID POS0510222835 JIVASIO POSVO Health and Social Care Studies BTech- WOLVCOLL-Extended TO BSC (RBI) The Dissertation is about Rules Regulations and Legislation passed by the House of Parliament and Through the House of Lords as Bill of Cabinet. The regulations are passed in order to make a complete frame work Principles of which the Board will be governed to follow the Directives so as to systematise things on daily routines or procedures. Since we are talking of the work places ,community ,population ,organisations ,therefore all the thinking and planning of the author should come in a hypothesis way in order to make a record in a verbatim ,written ,electronically recorded informs of DVD CDS etc which will be stored in the Archives for future use as literature review and for the generators. The regulations will be referred to as policies and referenced according to date’s year they were formulated, gazetted passed in parliament and when they were reviewed and amended. . The Author is going to discuss much of conceptualization idea of reasons why regulations and Policies are gazetted and Passed by parliament to Organizations the emphasis is going to be put much in the Context of Health and Social Care Settings ;a) Author is a Cadre of Specialist area of Health and Social Sciences Including LAW b) Qualified In Nursing Sciences c) Qualified in Medicine and Surgery including Pharmaceutical Profession and Biological WMD War fare Sciences d) Specialist Military and Cyber security Strategies and AEROSPACE Aviation Studies Medicine. Through US- Defence Universities of Bits and Pieces and IOU Coast Guard (FEMA GOV.)DHS EMI;DisasterManagement.Public Health Studies. (A/PHRF)Member of-Association of Public Research Fellowship Centre-Washington DC). 1
  • 2. E); USAID –Coordinator/ Campaigner Leadership and Management -Peer Educators, Influential Leadership Contientisisation. The cadre is still on Project and declares this work as his own theory on citation of this Theory. The vulnerable adults in health and social care concept (Rodgers 1997 Pritchard2001) described the term as the fact that has variety of different meanings such as that a person is in dangerrisk,under threat ,susceptible to problems ,helpless and in need of protection and support (Rodgers 1997 sloboda1999 Spiers 2000 Mawby 2004 ;Grundy2006 Simpson2006), Its meaning also varies according to the context as being vulnerable when he /she is unable to take care of him or herself (DOH,2000,Section2,3), In contrast within youth justice the concept has more of a gate keeping purpose and refers to those who have an enhanced risk of suicide, self harm or harming others (Smith2007).The overlap between the concept vulnerable and other categories such as victim troubled troublesome is problematic (Godson 2002) In actual Fact there are different types of vulnerability, innate/person vulnerability is unique to the person concerned .Terms such as structural/contextual/environmental vulnerability are used to indicate when the particular circumstances in which a person is situated render them vulnerable (Rodgers 1997;Goldson 2002 )Distinction has also been made between emic and etic vulnerability ,the former refers to the identification of demographic factors that lead to some groups being at a higher risk of health and social problems (Spiers, 2000). SO the author find it difficult to come out with a complete definition of Vulnerable it is complicated by the way vulnerability can be shaped by many interacting influences such as individual perceptions and situations ,social historical political and cultural factors (Rodgers,1997;Spiers 2000; Pritchard2001; Goldson;2002;Dixon-Woods teal ,2005. Spiers 2000 2
  • 3. continued describing the vulnerable groups in health care as elderly children ,the poor ,people with chronic illnesses and people form minority cultures, foetuses and members of captive populations such as prisoners and refugees this implies my current situation since I left war zone in Central Africa Zaire with Southern African Contingent Special Mission (AWOL to Unite Kingdom 1999) to UCL for Further Studies without Authority so I am among the Vulnerable People since I am not allowed to work in This Country.).And at times arrested as suspect Terrorist or as Social Harassment if I propose Love to Local Citizens. In Africa I am on Recorded as on AWOL/Deserter. Or M IA) Missing in Action. We are going to include the vulnerable groups concept As a consequences the term is similarly contestable, therefore is a little explicit definition of vulnerable groups in the literature and when this does occur the groups vary; According to theorists like Rodgers (1997) defines them as of ill health, very young, very old, women, racial minorities like refuges /Asylum Seekers, unemployed and Low social income support. And DIXON-WOOD etal’s (2005.)work on access to healthcare by vulnerable groups ,this study focused on socio-economically disadvantaged (less wealthy ) people ,people from a black and minority ethnic background children and older people ,Similarly Santana (2002) in her study of social inequalities in access to healthcare in Portugal adopts a less specific approach; she argues that the most vulnerable groups in Portuguese society are those affected by poverty, deprivation and social exclusion ,homelessness, drug users, female sex workers , and gypsies and travellers , are considered as vulnerable groups. Considering myself as a Victim and Vulnerable Individual (Dr JIVASIO POSVO of Zimbabwe Defence Medical Corps; Force No; 0784480B) Father of Six Children (Widower). Although I got indefinite Leave to Remain from UK Bolder Agency Ref;P1036647/2 I am still failing to be 3
  • 4. assimilated in NHS GOV Nursing ,and Medical Fraternity either Anaesthetics. Since on my initial assessment 2000 I was assimilated in Public Service as Staff Nurse Grade F. and Phlebotomist The vulnerability sees lies within the line as of the third element of social citizenship. This ranges from the right to economic security and welfare to the right to be able to participate in civilised society according to the standards prevailing in society (Marshall,1992;8) of which I was restrained from this and the obligation that I was to offer as a good citizen in return to the state.e.g For these rights the individuals have certain obligations and duties in that they are to behave in certain ways that promote good citizenship,eg the duties to obey the law ,ensure that your children are educated ,pay taxes, and undertake jury service when required (Lister 1997,1998, Deacon 2002 Lewis 2004).As indicated above the whole issue of citizenship is controversial and even though it has political currency once more,critisms still bound. However taking note of the Conservatism 1980s 1990 adopted certain aspect of citizenship in their policies and develop some themes such as self reliant citizenship This policy was to rule out obligations of which it was considered under the Citizen Charter (1991) This is the pathway I have taken in order to obtain my Indefinite Leave to Remain in Legal per suit According to Lister(1998) Argues that the Conservatives conception of rights was both market orientated and consumerist, reflecting the depoliticised and individualistic nature of the relationship between the state and the individual at that time .this sort of conservatism view was echoed in many academic and political circles with concerns about duties rights being expressed. Father Reading on New Labour concepts and advocacy see Vulnerable Adults Health and social care p6 para2 3 and 4 Deacon 2002; Lister 1998; 2003 Parker, 1998 Lewis 2004. and some .According to Shelter (2007a) for the purpose of the Safeguarding Vulnerable Groups Bill (2006) the criteria used to define a vulnerable adult as those in receipt 4
  • 5. of health and social care living in sheltered housing ,requiring assistance in the conduct of their affairs ,in Prison or in contact with the probation service detained under Immigration ACT powers and involved in certain activities targeted at vulnerable adults such as some forms of education and training (House of Commons 2006). Other groups are those of Patriarchy in theoretical perspectives of feminism and in Marxist theory would include low paid jobs and death of capitalist employment practises and some of those who lacks identification in homogeneity. According to New labour (2006) they produced a raft of policies that specially use the words vulnerable groups and are aimed at groups who are deemed to be vulnerable in contemporary United KINGDOM Society such marginalised people with social exclusion, Asylum seekers, Mental illness, ethnic minority, those with physical, sexual ,psychological and financial hardships ,prejudice, and discrimination, lone parents, with disabilities ,older people, refugees ,asylum seekers social exclusion 2002. It is true that all the groups stated above are vulnerable according to the literature review made and sighted in the reference books for t he markers and those who are researching using my piece of work I refer you to page 8, 9, page 10 for complete overview of the analytical idea of definitions of the list of Vulnerable GROUPS Such as ;  1)Lone Parents  People with disabilities  Older people  Children  Ethnic minority groups  The mentally ill  The homeless  Asylum seekers and refugees  Concluding Comments ;the future for vulnerable groups in health and social care 5
  • 6. E.g. Annabelle’s Story Page; 14 of the same book. • Poverty • Poorer diets • Social isolation • Health • Stigma • Education attainment • Children of Lone parents • Housing People with Disabilities as a socially constructed concept ;This is a broad spectrum topic with its own Statistical concepts and Can be described on 2 topics such as Physical and Mental Disability under the National Statistics ;(2002) Disability Rights Commission ( 2006)Further reading ; Political Initiatives and Disability read page 40 . And Welfare to work strategies; see table 2; 1 of page 41 In conclusion future of the Vulnerable groups in Health and Social Care and Vulnerable Groups in Health and Social Care Today, Read pages 162 onwards; referencing from Department of Communities and Local Government (2007a) Statutory homelessness 3rd quarter 2007 .London ;HMSO.(Targeting (hard –to-reach groups of the homeless,).Reducing Stigma, who are Asylum Seekers and Refugees. ;Finally Life in the United Kingdom page147.Disability Discrimination Act 1995 and discrimination Act 2005.,Human rights Act 1998 Read Health and Social Care (Elizabeth Rushed ,Alison Hetherington and JO IRVINE (BTECH) Page 169, 169. Health and Social Care Health and Safety Regulation ACT; (1974) This is the main piece of the Legislation law than covers work place health and safety in the United Kingdom .The act makes clear the responsibilities of both employers and employees for safety and security as well as any members of the public on the work premises (see on page 92), The health 6
  • 7. and safety at work Act (1974)covers working conditions for example under the Act employers have responsibilities for ensuring the workplace adequate ventilation so that the circulation of fresh air without causing draughts ,duty to maintain appropriate temperature , usually between 13 and 16 degrees Celsius unless there special circumstances e.g. the work is very physical or the conditions are exceptional such as working with frozen goods –in such circumstances the employer has to provide protective clothing and extra breaks). The facilities for workers to take regular breaks every four hours and the facility must have safe level of lighting and emergency lighting and power where a sudden loss would be dangerous (e/g in hospital where equipment is used to maintain life e.g. in Intensive Care and Operating Theatres when patients will be on ventilators-IPPV- and ECG.monitors. It is the Role of the Health and Safety Executive and the competent persons is to ensure compliance with the law in relation to safety at workplace i.e. the 1974 HASAW Act The HSE website states that; Our job is to prevent death injury and ill health to those at work and those affected by work activities; In order to under take these duties the HSE is able to carry out inspections of work premises investigate complaints about health and safety rules being broken and take action to enforce the rules .This can involve a range of actions such as serving notice on duty holders and for example an empowerment notice tells the duty holder such as the employer what they must do to observe the rules and comely with the HASAW and laws and gives them a date by which they must have completed any action such as replacing faulty equipment or parts. There is something called prohibition order which entails the employer to stop any operations in workplace that is if any suspicious that something or accident or serious danger can happen in site and cause serious danger to workers or others e.g. where there has been loss of life and continuous breeches of the law in spite of notice being served the HSE can prosecute 7
  • 8. organisations or individuals who are responsibilities and they can be heavily fined. Websites; www; hse, Read pages; Page 92 Unit 4 Safety and Security also page 93 where it says Everyone in health and Social care settings contributes to health and social care to health and safety including service users and all have different responsibilities .Employers responsibilities include all those listed in page 93 to page 94.Health and Social Care by Elizabeth Rasheed, Alison Hetherington and JO. Irvine. BTEC Level 2. This page includes the employees and Shared Responsibilities (Duty Care). Amongst those responsibilities the employer or HSE executives have the responsibility to see than they have the certificate of incorporation m current practising certificate company insurance (Valid) and The RIDDOR book). Plus company or organization Procedure manual and information concerning organizational structure Hierrhachy. Reporting of Injuries Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 This regulation is regarded the same as a policy for safe working environment meaning protecting to the employees and those nearby the environ against possible harm or any mishappening that may cause serious harm or injury even death. The regulatory authorities identify where and how risks might arise .Consequently there is a legal requirement for employers to record and report certain occurrences that occur at work environment such accidents and diseases exposure to hazardous environment due certain exposure such as cancer due to certain Ionisation, X-ray lung diseases due to dust environment like mining of asbestos , coal and other minerals .Also biological hazards from live or dead humans or animals can cause disease such as Anthrax and TB or Leptospirosis. Reporting of Outbreaks of pandemic diseases such as E; Coli, Influenza ,bird flue Measles and Salmonella eve some of the incidents like “near miss” and critical incidence are recorded 8
  • 9. as something that could have been resulted into a severe accident, the report is send to the Local Authority and the form is send to the Health and Safety Executive Department, www; she .(see appendix B (RIDDOR). Manual Handling Operations 1992 to (amended 2002) Aim if this regulations is to reduce injuries from lifting and handling objects and people .The term handling refers to actions such as pushing pulling carrying ,raising and lowering as well as actual lifting .The regulations provide information for employers and employees in relation to work workplace procedures such as safe weights ;however the basis of the regulations is that manual and handling should be avoided if at all possible and equipment used in preference .AS a routine to all health and safety work risk assessment and identification must be done prior to execution of task. And legal requirement or obligations must be fulfilled by the employer and even by service user it is a shared responsibility in order to reduce risks and RIDDOR Act 1995.factors from aggravating the situation. See appendix www; and handling/htm Control of Substances Hazardous to Health (COSHH)/1994(amended 2002). On this regulation the employer must have the valid operating or trading license ,good storage facilities ,good light environment knowledge of the chemicals or substances those which potentially hazardous to health and wellbeing ;Some of the substances concerned are to be checked with the corresponding Council or controlling Board of certain substances like Glue solvents acids together with local 9
  • 10. cleaning agents and products containing such substances .Both people employer ,employee and service users have duty to play to avoid accident from happening; So key person has a duty to play to avoid accident. By doing risk assessment and appointing competent person in this department by ensuring that all the employees are well training in all ways and Department and have got proper instructions in the use of dangerous substances ,including what action to take in case of spillages . www; See Appendix COSHH In all the regulations the foremost important task of employers and employees are to practice duty care and to train and be able to follow instructions and always wear Protective Clothing or equipment according to company rules and Policy for the procedure manual. First and Foremost is to carry out Risk assessment pre –establishing the organisation weighing all pros and cons of environment ,Human resources qualities of people or employees,customers, visitors and general outlook of facilities and equipment to be used in business. Also ruling out whistleblowing ,stereotypes etc. 10
  • 11. Appendix A Vulnerable GROUP 11
  • 12. Appendix B Health and Safety AT work place (1973) (1999)amended 2003) This is the main Law covering health and safety in the workplace.Both employers and employees have responsibility forcomplying with law e.g all activities in the workplace ,including activities with service users. Management of the Health and Safety at ork regulations (1999 (amended 2003). Ensures that employers train staff in aspects of health and safety in the workplace this applies to all activities. Everyone in the and social care settings contributes to health and safety including seervice users ,and all have different responsilities include the following: • Ensuring the health safety and welfare of employees at workplace as far as is reasonably possible.This includes making sure the law relating to health and safety is upheld and regulations followed for example by having agreed policies and procedures inplace and monitoring compliance • Consulting employees or their safety representatives on aspects of health and safety at work ,making sure thatemployees have appropriate health and safety training for example about what to do in case of fire and how to move and handle thepeople being care.for and how to use equipment safely. 12
  • 13. • Carrying out risk assessments of the workplace and implementing measure that will minimise risk.In a health and care setting ,this miht mean that making sure there are enough staff on duty for example . • Reorting injuries accidents and infectious diseases as required by law. • Employee responsibilities include the following ; • Being responsible for following policies and taking reasonable care for own safety and well being and that of the people in their care • Cooperating with their employer –for example by reporting any health and safety issues or concerns making sure they take up training opportunities and keep up to date with current plicies. • Using the correct equipment ,including personal and protective clothing and anything provided for their health safety and welfare • Using work iterms correctly and asking when unsure of right way to do things • Responsibilities of service users include the following ; • Cooperating with activities and procedures intended to keep them or those caring for them safe for example being prepared to be lifted using equipment . • Not being aggressive towards staff or other people and letting staff know 13
  • 14. where they are going and when they will be returning. • Reporting anything dangerous or hazardous that has not been attended to. • Visitors book-signing in and out to know who is in the premises and why and when ;, • Risk assessment all the time taking not of iterms which are not properly placed and taking pictures of potential hazards especially in Industry,Colleges ,Creches,Schools, hospitals and even own homes and residential care homes then use pictures as starting point for Risks and Hazards as well as health and safety Chart. • JIVASIO POSVO POS015228935. 14
  • 15. Appendix ©. Reporting of Injuries ,Diseases and Dangerous Occurences Regulations( RIDDOR ) 1995 Consequently there is a legal requirement for employers to record and report certain work-related accdents ,diseases and dangerous occurrences .Accident and dangerous occurrences are usually recorded in an accident or incident book.Similarly some work – related disease for must be reported as they caused by exposure to environmental hazard for example some cancers especially of bone or blood can be caused by exposure to radiation such from X-rays and lung diseases can caused by dust particles from coal or other minerals mould or spores , biological hazards from from live or dead humans or animals can cause diseases such as anthrax ,TB or Leptospirosis. Risk assessment must be practised all the time. Recorded and swiftly corrected.where need is necessary. 15
  • 16. Manual handling Operations Regulations 1992 (amended 2002) Relates to any activities that involve moving objects or people ; moving a person from bed to chair from room to room or bathing Proper training or of all staffs and use of appropriate technology is to be enforced e.g us hoist when changing positions of service user or vulnerably adult. Asking for help from second person of same purpose e.g service provider and accurate intelligent observation of load prior to attempting to lift it. Thus risk assessment to calculate weight, assess shape, environment, for health and safety. Jivasio ; Posvo. Pos 0150228935. 16
  • 17. (COSHH 1994 Amended 2002). Control of Substances Hazardous toHealth (COSHH) 1994 (Amended 2002). This regulation covers the usage of chemicals substances which potentially hazardous to health ;Sustances are Risk assessed of Storage,compostion in % or Ph of acidity level. List can be retrieved from website www; The employers has the duty to train their employees and they are required to employ competent personnel who can be able to conserverse fully with the compositions of Chemiclas or substances so as minimise hazards this is a contninous process for training competent staff in order to maintain good staff turn over , efficiency , and good record keeping. Risk assessment always done on spot, during work, after work before starting work and periodically for records and quality assurance. To ensure safety . Jivasio Posv ID POS051228935. 17
  • 18. Risk assement Process related to health or Social Care It is an investigations intowhatcan harm people in a particular situation or circumstances ,The purpose of risk assessment is to help employers and staff decide whether there are sufficient precautions in place to prevent accidents or incidents taking anyadditional action necessary to prevent or minimise the risk of harm from hazards that heve been indentified. There five steps in planning a risk assessment; • Recording -identified Hazards • I dentify who might be harmed and how • Estimating the risk and how to minimise it • Recording ;your findings and taking precautions • Review the effectiveness of your actions and make any amendments needed, Jivasio Posvo Pos015228935. References; Rasheed E ,Hetherington,A. and Irvine J, First edition 2010 Brith library Catalogue Publishers; Health and Social Care. 18
  • 19. Walsh,M .e tal ;NVQ 2 Published by NelsonThames (2005) ;Health and Social Care. Music; First edition (2005 ) Washington Dc/ Byonce I was There 19