LEGISLATIVE
2.1 The Group acknowledges that Health and Safety Legislation and employment law are reserved matters under the Scotland Act 1998 and for the Westminster Parliament to consider. It is the responsibility of the Westminster Parliament to ensure that European Community legislation is enacted within the UK. The Group considered the current legislation available within the UK, a resume of which is set out at Appendix 2, and believes that there are sufficient powers with existing health and safety legislation to promote the introduction of safer devices based on risk assessment of tasks and activities. Promotion, development and the introduction of safer devices should therefore be able to be accomplished within the existing legislation.
SCOTTISH EXECUTIVE
2.2 The Scottish Executive is responsible for NHSScotland and the terms and conditions of staff. "Our National Health; A plan for action, a plan for change" makes clear that protecting the health and well being of NHSScotland staff is a priority for the Scottish Executive and is committed to providing a safe working environment for staff. £0.5 million per year for the next three years has been committed to the implementation of the Occupational Health and Safety Strategy set out in "Towards a Safer Healthier Workplace".
EMPLOYERS
2.3 Under existing legislation, employers have a duty to provide a safe working environment. They also have a responsibility to ensure the tasks and activities carried out in the workplace are properly risk assessed and action taken to minimise risk to the health and safety of staff and others using the premises. In the health service this includes patients, visitors and contractors and their staff working on health service premises. The ultimate legal responsibility rests with the Chief Executive of the NHSScotland organisation. While that legal responsibility cannot be delegated, Chief Executives will wish, as a priority, to ensure that they have a structure in place which promotes and develops health and safety with staff and their representatives. That structure should include appropriate audit and monitoring arrangements to make sure that current health and safety practices and procedures are working along with a system of regular reports direct to the Chief Executive. Management Boards should receive copies of the reports and to demonstrate commitment from the top the non-executive member with specific responsibility for clinical governance should ensure the needlestick policy is implemented and is working.
MANAGERS
2.4 All managers have a legal responsibility to ensure a safe working environment for their staff. To help accomplish that they must work with their staff to risk assess the tasks and activities and to address and minimise risk. It is managers' responsibility to promote, encourage and ensure that all staff receive health and safety training and to ensure good practice is put into effect and works; and to take action when it does not.
STAFF AND THEIR REPRESENTATIVES
2.5 All staff have a right to a safe working environment and a responsibility to ensure that it is maintained. To achieve that, staff and their representatives should work with management to promote and develop safe working practices and procedures for their own benefit and that of patients and visitors. It is in the interest of all staff that they actively seek to attend health and safety training, to put the training into effect and inform managers when improper or unsafe procedures are used by other staff and which could put staff, patients or visitors health or safety at risk.
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Recommendation 1 |
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Recommendation 2 |
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Recommendation 3 |
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Recommendation 4 |
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Recommendation 5 |