Your web browser is outdated and may be insecure

The RCN recommends using an updated browser such as Microsoft Edge or Google Chrome

IHSC statutory compliance

Introduction

As a registered care home manager, you have a responsibility to manage health and safety in the workplace to prevent employees, agency staff, residents and others from injury and ill health.

Premises and building management may form part of your responsibilities.

This is also referred to as ‘statutory compliance’ and it relates to actions that must be undertaken by law to provide a safe environment for residents, employees and visitors. Responsibilities for compliance may fall solely on the owner or occupier of a building or may be divided between them.  If your building is leased, it is crucial that responsibilities are discussed and negotiated during lease negotiations to ensure clarity of what you are responsible for and what your landlord is responsible for.  This also ensure responsibilities are not missed, or it is not assumed they are being undertaken by the other party.

This includes adherence to laws, regulations, and codes of practice related to various aspects of building safety, such as fire safety, electrical safety, gas safety, water safety and asbestos.

Failure to comply with statutory building regulations can result in legal penalties, fines, and even prosecution.

Achieving compliance involves understanding the relevant legislation, implementing appropriate safety measures, conducting regular inspections and maintenance, and ensuring that staff are adequately trained.

You may also need to consider how health and safety legislation interfaces with other building requirements, particularly in older buildings that may be listed and have restrictions on work or alterations to the structure of the building.

This guidance will provide you with an overview of what you need to consider and includes signposts to further information to support you in fulfilling your legal duties.

The guidance is not an exhaustive list and you should seek further information from the Health and Safety Executive website.  The HSE have also developed a guidance document specifically for care homes which contains detailed information on your duties and responsibilities

You can use this checklist as a high level aid to help identify the areas of statutory compliance you have in place and to any gaps or areas where you need to take further action.

You should also use HSE approved codes of practice and guidance to ensure you are meeting legislative requirements. 

Duty to manage health and safety

The Health and Safety at Work Act etc 1974/ The Health and Safety at Work (Northern Ireland) Order 1978

The Health and Safety at Work Act etc 1974/ The Health and Safety at Work (Northern Ireland) Order 1978 sets out the framework for managing workplace health and safety in the UK.

It defines the general duties of everyone from employers and employees to owners, managers and maintainers of work premises for maintaining health and safety within most workplaces.

    Employers must provide: 

  • Adequate training of staff to ensure health and safety procedures are understood and adhered to.
  • Adequate welfare provisions for staff at work.
  • A safe working environment that is properly maintained and where operations within it are conducted safely.
  • Suitable provision of relevant information, instruction and supervision

Management of Health and Safety at Work Regulations 1999/ Management of Health and Safety at Work (Northern Ireland) Regulations 2000

The Management of Health and Safety at Work Regulations require employers to assess risks to health and safety, make arrangements for managing those risks, and ensure employees are trained and informed about hazards and safety procedures.

There are more specific pieces of legislation which outline the requirements for each area of premises statutory compliance.  

Securing competent advice and support

It is likely that you will need to secure competent advice and services to manage statutory compliance in your organisation.

A competent person is someone with sufficient training, qualifications, expertise or knowledge and other qualities who is able to advise, assist and undertake relevant tasks and activities e.g. undertake a risk assessment, carry out an asbestos survey, undertake statutory thorough examinations or inspections of equipment/ systems.

It would also be beneficial for you to undertake further training and qualifications to help you to manage health and safety in your workplace.

Learn more about HSE's information on competence

Managing statutory compliance

The following guidance outlines the key areas of statutory compliance in relation to buildings and premises and provides an overview of responsibilities to achieve compliance.  It also provides links to further information, guidance and resources.

Fire

Introduction

You’re responsible for fire safety in business or other non-domestic premises if you’re:

  • an employer
  • the owner
  • an occupier
  • anyone else with control of the premises, for example a care home manager, day care service manager, nursing home manager etc  

The law

Fire safety has specific legislation which outlines specific requirements to manage fire safety risks in premises and businesses.  

England and Wales - The Regulatory Reform (Fire Safety) Order 2005 

Scotland - Part 3 of the Fire (Scotland) Act, supported by the Fire Safety (Scotland) Regulations 2006

Northern Ireland - The Fire and Rescue Services (Northern Ireland) Order 2006

The responsible person

The duty to manage fire safety, primarily falls on the "responsible person," who is usually the employer or person with control of the premises, and involves identifying risks, implementing precautions, and ensuring everyone knows what to do in an emergency.

Key Responsibilities of the Responsible Person:

Fire Risk Assessment: 

  • Carry out a fire risk assessment of the premises and review it regularly.
  • Identify fire hazards and people at risk.
  • Evaluate, remove, reduce, and protect from risks.
  • Record the findings of the fire risk assessment.

Fire Safety Measures:

  • Put in place and maintain appropriate fire safety measures.
  • Ensure there is protection if flammable or explosive materials are used or stored.
  • Maintain fire extinguishers and other fire safety equipment.

Emergency Planning:

  • Plan for an emergency, including evacuation procedures.
  • Ensure those on the premises know what to do in the event of a fire or on hearing an alarm.
  • Provide staff with information, instruction, and training.

Competent Persons:

Appoint competent persons to assist in managing fire safety, such as fire wardens or fire marshals.

Record Keeping:

Keep records of fire risk assessments, actions taken to reduce risks, and any tests, maintenance, and safety training.

Review: 

Regularly review the fire risk assessment and make sure it is updated after significant workplace changes.

Managing fire safety

Fire Risk Assessment

If you have control of any part of a building/ premises you are required to carry out a fire risk assessment which must focus on the fire safety of all people who work, live, receive care in or visit the building.

You will need to consider how, who and when the fire risk assessment will be completed and how priorities will be determined in eliminating hazards and reducing risks to people.  The person undertaking or reviewing a fire risk assessment must be competent to do so e.g. have relevant qualifications and experience in fire safety to act on behalf of the employer or a third party company contracted to provide expert advice on behalf of the responsible person.

The risk assessment should pay attention to those at special risk including disabled people, those with specific needs and learning disabilities.  It should also include any hazardous substances.

You must record the details and outcome of the fire risk assessment in writing (even if you employ less than five people).

Fire risk assessments should be reviewed regularly to ensure they remain up-to-date, with an annual review often recommended. There may be specific factors that require the risk assessment to be reviewed including any significant changes to the building including layout, structure or use, changes to the number or type of occupants, any new fire hazards and changes to fire safety legislation.

Any issues or concerns found during the risk assessment should be consolidated into an action plan with clear prioritised actions that must be undertaken.  It is crucial that the actions are reviewed and plans put in place to address actions.  

Fire management plan

You need to develop and regularly review a fire safety management plan.  The plan should outline the arrangements to implement, control, monitor and review fire safety standards and how those standards are maintained. It should describe the arrangements for effectively managing fire safety to prevent fire occurring and what should happen if a fire does start, to prevent the spread of fire and ensure the safety of people and the property.

The plan should specify the fire safety measures and fire safety provisions in the premises in relation to: 

Fire Risk Assessment

The specific arrangements for carrying out a fire risk assessment and the frequency of review.

Roles and Responsibilities

You will need to determine and allocate the specific roles and responsibilities employees have to prevent fires, monitor fire protection and detection measures and during a fire incident.  This information should be included in the fire management plan.

The plan should also include how information will be communicated to employees and detail the provision of suitable information, instruction and training for employees and others.

Controls

The plan should outline the specific controls in place and include:

  • A copy of the fire risk assessment
  • Housekeeping and fire prevention measures
  • Arson prevention
  • Maintenance arrangements including regular testing and inspection of fire protection, detection systems and firefighting equipment
  • Details of fire doors/protected areas
  • An emergency / evacuation plan
  • Details of any personal emergency evacuation plans (PEEP)
  • Details of fire drills and practice sessions 

Emergency evacuation plan

You need to have a detailed emergency plan so that people in your premises know what to do if there is a fire and you can ensure that people can be evacuated safely.

Your emergency plan should be based on the outcome of your fire risk assessment and be available for your employees, their trade union representatives (where appointed) and the enforcing authority.

Small premises may only require a fire action notice, however in premises that are more complex and where occupants may require support to evacuate, your plan will need to be more detailed and compiled after consultation with others including any shared occupants of the building, employees and their trade union representatives.

Your plan will need to include detailed emergency actions including:

  1. How people will be warned if there is a fire– describe the alarm sound or words that will be used 
  2. Actions to take to determine if the alarm is a false alarm or real incident
  3. What staff should do if they discover a fire including how to contact the emergency services. information to provide to the emergency services, including highlighting particular hazards
  4. How the evacuation of the premises should be carried out, for example, will it be a phased horizontal evacuation for residents/ service users, and should all visitors evacuate to outside the building. This should include specific detailed plans relating to the type of evacuation.
  5. Identification of key escape routes, how people can gain access to them and escape from them to a place of total safety
  6. Arrangements for the safe evacuation of people identified as being especially at risk, such as those with disabilities, lone workers and young persons and anyone with a PEEP
  7. The duties and identity of staff who have specific responsibilities if there is a fire e.g. sweep zones, calling the fire service
  8. Where should people assemble if they need to leave the premises and procedures for checking whether the premises have been evacuated 
  9. Any machines/appliances/processes/power supplies that need to be stopped/isolated if there is a fire
  10. Specific arrangements, if necessary, for high-fire-risk areas e.g. oxygen cylinder storage
  11. Contingency plans for when life safety systems such as evacuation lifts, fire-detection and warning systems, sprinklers or smoke control systems are out of order
  12. How the fire and rescue service and any other necessary services will be called and who will be responsible for doing this
  13. Procedures for meeting the fire and rescue service on their arrival and notifying them of the location of the fire, measures taken and any special risks, e.g. people with PEEPs, where oxygen cylinders are located
  14. Plans to deal with people once they have left the premises
  15. What training employees need and the arrangements for ensuring that this training is provided

As part of your emergency plan it is good practice to prepare post-incident plans for dealing with situations that might arise such as those involving:

  1. Inclement weather and keeping people dry and warm
  2. people with personal belongings (especially valuables) still in the building contacting concerned relatives, dealing with media enquiries, and informing other relevant parties
  3. Getting people away from the building (e.g. to transport)
  4. Arranging temporary accommodation

Your local fire and rescue service may have a template you can use to help structure an emergency plan.

Personal Emergency Evacuation Plan (PEEP)

You will have people in your care who are in need of specialist care due to their age, health conditions or other disabilities including sensory impairments and mobility issues.  This may impact on their ability to leave a building quickly in the event of a fire or make them entirely dependent on others to escape – this may also be the case for some employees.  As a result you may need to consider individual arrangements to assist them to evacuate quickly and safely.  A Personal Emergency Evacuation Plan (PEEP) is a customised plan for individuals who may need assistance evacuating a building during an emergency.  Any PEEP developed for residents may need to be incorporated into the individuals care plan.  Staff should be made familiar with the PEEPs for individuals and they should be kept regularly under review.

Your emergency plan should have a record of where disabled people are located in the building and include a plan of action to assist them in the event of a fire.

Fire Safety Awareness training for staff  

New staff should be provided with fire safety awareness training immediately when starting work as part of their induction.  Fire safety training refreshers should be provided to all staff at a set frequency e.g. annually and when any new fire risks, changes or safety precautions are introduced. You should also consider how you ensure temporary staff e.g. agency staff and student nurses on placement, contractors and other visitors are provided with fire safety information. 

Training should include information on:

  • Basic fire prevention
  • The importance of good housekeeping
  • Risk awareness
  • Your smoking policy
  • Your emergency plan and details included within it, including:
    • what to do on discovering a fire

    • how to raise the alarm

    • what to do upon hearing an alarm

    • arrangements for calling the fire and rescue service

    • identification and use of protected areas for horizontal evacuation

    • procedures for alerting other staff, residents and visitors and directing them to exits

    • evacuation procedures for everyone to reach an assembly point at a total place of safety

    • location and where appropriate use of fire fighting equipment

    • location of all escape routes

    • how to open all emergency exit doors

    • where appropriate how to stop machines, appliances and processes and isolate power supplies

    • the reason for not using lifts (except those specifically installed./ nominated following a suitable fire risk assessment for the evacuation of people with a disability)

    • safe use and risks of storing or working with highly flammable explosive substances or bottled/ piped oxygen)

    • the important and a physical walkthrough of evacuation routes, refuges and exits and the assembly point

  • The importance of fire doors and why it's important to close all doors

  • How to report incidents including 'near miss' events and false alarms. 

Training should take place during working hours.

In simple premises training may be showing new staff the fire exits, assembly points, and giving basic training on what to do if there is an alarm and fire. In larger premises, with a high staff turnover and many shift patterns, the organisation of fire safety training will need to be planned.

All training should be recorded, including the date of the training, names of staff trained, an overview of what was covered during the training session and when their refresher training is due.

Fire drills 

You should carry out at least one fire drill per year and record the results. This may be a simulated drill if it is not feasible to carry out a physical evacuation, but the simulation should take staff through the relevant protocol and actions that would be required in a real incident. You must keep the results as part of your fire safety and evacuation plan.  All staff should have the opportunity to practice a fire drill and you should consider carrying out more than one drill to take into account shift patterns.  You should consider appointing a competent persons(s) to act as a fire warden both during drills and if there is a real fire. 

You should also log any fire alarm activations whether real or false alarms and the cause of activations.

Maintenance and regular checks 

You must keep fire safety measures and equipment in the workplace in effective working order.  Fire protection and detection systems will require servicing, maintenance, regular testing and checks.  Maintenance, servicing and testing may require the services of a competent person e.g. annual testing of emergency lighting, six monthly inspections of the fire alarm system.  There will be a need to carry out more regular testing or visual checks which may be carried out in-house e.g. weekly test of the fire alarm system, visual checks of escape routes.

  • fire detection (e.g. smoke/ heat detectors, sprinklers) and fire alarm systems
  • emergency lighting
  • fire fighting equipment
  • fire protection measures e.g. condition checks of fire doors
  • escape routes to ensure they are clear and the floor is in good condition
  • fire exits to ensure they can be opened easily
  • automatic fire doors e.g. that they close correctly
  • fire safety signage e.g. is it in the right place

You should record any faults in systems and equipment and ensure action is taken to rectify it.

Checks may also consist of more regular visual checks, in-house tests e.g. weekly test of the fire alarm system, visual checks of escape routes and fire exits.  You should keep a record of checks and maintenance undertaken.  

Monitoring

You will need to monitor the implementation of the plan and assess it for effectiveness.  This may include review after an investigation of any incidents (real or false alarms), checking on preventative measures, monitoring whether maintenance and inspection of protective measures is undertaken and maintaining logs to record compliance.

Your fire management plan will include regular inspections as well as appropriate measures to ensure consistency. If any incidents occur, these must be investigated and if necessary, the plan should be altered.

Review

The final part of your fire safety management plan is to plan a regular review process. This will ensure the plan remains current and up to date.  It may include updates to roles and responsibilities due to staff changes, other changes within the organisation and issues that have been highlighted as a result of drills or incidents.

The HM Government, Fire Safety Assessment in Residential Care  guidance provides more detailed guidance on fire risk assessment and includes useful appendices including a fire safety maintenance checklist and guidance on fire safety in historic buildings. 

Asbestos

Introduction

Asbestos is a fibrous mineral which is resistant to heat, fire, chemical and biological breakdown.  It was used extensively in many industries and in the construction of buildings until it was banned in 1999.  Buildings constructed before 2000 are very likely to contain asbestos.

Asbestos is not a problem of the past.  When materials that contain asbestos are disturbed or damaged fibres are released into the air.  Asbestos is a carcinogen.  The fibres can be inhaled and can cause serious asbestos related illness including mesothelioma, asbestosis and asbestos related lung cancer.

People who work in older buildings could still be exposed to asbestos fibres today if asbestos is not managed effectively, and is damaged or disturbed

Asbestos can be found in many areas both internally and externally.

  • Asbestos insulating board – used for partition walls, around boilers, in fire doors and ceiling tiles
  • Insulation and lagging on pipes and boilers
  • Decorative textured coatings e.g. artex
  • Vinyl floor tiles e.g. marley tiles
  • Asbestos cement roof, panels, soffits, gutters and downpipes 

The Law

The Control of Asbestos Regulation 2012 and The Control of Asbestos Regulations (Northern Ireland) 2012 require asbestos to be managed in non-domestic premises.  They outline the requirement on dutyholders to identify the location and condition of asbestos in non-domestic premises and manage the risk to workers and building occupants.

The action you need to take depends on your job role.  If you are a building owner or landlord or have responsibility for the building’s maintenance or repair you have a legal duty to manage asbestos in the building – ‘the dutyholder’

If you have a responsibility to ensure the building is maintained and repaired you have a duty under Regulation 4 of the Control of Asbestos Regulations 2012 and the Control of Asbestos Regulations (Northern Ireland) 2012  to:

  • Find out if there are asbestos containing materials (ACMs) in your building(s), the amount, where the materials are located and what condition they are in
  • Presume materials contain asbestos unless there is strong evidence they don’t. This work is normally completed as a ‘management survey’ outlined below
  • Maintain records of the location and condition of the ACMs, or materials which are presumed to contain asbestos.
  • Assess the risk of anyone being exposed to fibres from the materials identified
  • Prepare and put into action a specific plan that details how the risks from identified locations containing asbestos will be managed
  • Periodically review and monitor the plan and the arrangements and ensure they remain up-to-date
  • Provide relevant information on the location and condition of the materials to anyone who is liable to work on or disturb them e.g. maintenance workers, and people working in areas where asbestos is known to be present

If you don’t have a responsibility to manage repairs and maintenance e.g. if the landlord undertakes this duty, you should still be provided with clear information on the risks of asbestos in the building.  If any intrusive work is planned on the building, your landlord should involve you in discussing the controls being put in place to prevent the exposure to asbestos of anyone in the building.  

Training for duty to manage

The person responsible for managing ACMs in premises should be competent to do the work.  This means they should have the resources, skills, training and authority to ensure the ACMs are managed effectively.   

Identifying asbestos containing materials

A management survey will identify whether asbestos is present in a building and/or equipment (manufactured before 2000) and determine its type and condition. The survey focuses on the management of ACMs during the normal occupation and use of premises. It is very likely that you will need to employ a specialist surveyor to conduct the survey, unless in leased buildings the owner/landlord of the building has done this and can share the survey information. The information gathered on the presence, location, and condition of asbestos in the building should be used to produce an asbestos register.

The survey locates any ACM that could be damaged or disturbed during normal activities or by installing new equipment. As part of the survey, a materials assessment is undertaken which outlines the ability of ACM, if disturbed, to release fibres into the air. The survey report will provide information on any remedial work required to minimise the risk of fibres being released.

Asbestos labels should be placed on anything that contains or might contain asbestos if it is located where people are likely to disturb or damage it.

Should more intrusive work on a building be required, including upgrading, refurbishment or demolition a refurbishments/ demolition (R&D) survey is required. A specialist surveyor is likely to be required to carry out this survey.

the UKAS inspection logo

There is no legal requirement for asbestos surveyors to be accredited. HSE strongly recommends using surveyors accredited to standard BS EN ISO/IEC 17020.

In GB the only accreditation recognised by the HSE is that provided by the United Kingdom Accreditation Service (UKAS). Organisations accredited by UKAS for asbestos surveying will display the following logo. 

Developing and monitoring an asbestos management plan 

An asbestos management plan sets out the procedures and arrangements to manage the risk from asbestos-containing materials (ACMs) in your premises.

The plan should be site-specific and state who is responsible for each element of the plan. It can be written or electronic.

Work to remove ACMs and work which may disturb or damage ACMs

An asbestos management plan outlines who is responsible for managing asbestos, and includes the asbestos register, plans for working on asbestos materials and a schedule for monitoring the asbestos containing material’s condition.

Work should be assessed by a competent person to determine if the work is non-licensable or whether a licensed contractor is required to complete the work. Non-licensed work on or around ACMs still requires appropriate controls to be put in place. Further information on licensable work can be obtained from the Health and Safety Executive (HSE) GB website and/or the Health and Safety Executive Northern Ireland (HSENI) website.

You must provide detailed information on ACMs to anyone carrying out work on or near ACMs e.g. contractors. This should inform risk assessments and safe systems of work, prior to any work being carried out.  

Risk Assessment

A risk assessment must be carried out (by a competent person) before any work that is likely to disturb asbestos commences, allowing sufficient time to put appropriate controls in place. The assessment should take into account who may be affected, be job specific and consider all aspects of the work to be carried out.  It should include how long the work is expected to take, how asbestos waste is handled and emergency procedures. If the risk of exposure cannot be avoided, appropriate controls must be identified to reduce the risk to as low as possible, ensuring the control limit is not exceeded. The findings of the risk assessment should be communicated to all staff and others who may be affected and a copy made available.

Licensable work

Prior to licensed work with asbestos commencing, information from the asbestos register, floor plans and asbestos management plan must be made available to licensed contractors, to inform pre-construction phase plans and risk assessments.  

Information, instruction and training

Employees

You should make staff working in buildings which contain/potentially contain asbestos, aware of the findings from the asbestos management survey and/or the refurbishment and demolition (R & D) survey.

It is good practice to provide all staff with suitable and sufficient asbestos awareness training. The training should provide details on:

  • what asbestos is
  • the potential risks from exposure,
  • where it is located
  • the types and condition of asbestos within the building
  • details of the asbestos management plan
  • highlight specific requirements for arranging maintenance and installation work
  • raise awareness of the procedures to follow should they believe asbestos has been damaged or disturbed

Safety Representatives

If you plan work that has identified a risk of disturbing/ damaging asbestos, including planned asbestos removal works, you should consult safety representatives on the risk controls and measures that will be put in place to ensure staff and others who may be affected by the work, are not put at risk of exposure to asbestos from the work.

You should also consult safety representatives on:

  • asbestos management plans to manage the risks of asbestos in the workplace
  • information, instruction and training they intend to provide to nursing staff about asbestos.
  • emergency procedures and protocols developed for nursing staff to follow should they believe that asbestos has been disturbed/ damaged.

You should also provide access to relevant information and permit the inspection of documentation which could include asbestos surveys (management or refurbishment and development), the asbestos register, asbestos management plans, risk assessments and any incident reports which indicate staff have been exposed to asbestos.  

 

Legionella

Introduction

Legionella is a type of bacteria which can grow in water.  It can cause a severe type of pneumonia (Legionnaires' disease) and mild flu-like illness (Pontiac fever).

Legionella can grow in any water system, if there are the right environmental conditions.  There is risk of legionella if your water system:

  • has a water temperature between 20–45°C
  • creates and/or spreads breathable droplets, for example aerosols created by water outlets e.g. taps, shower heads, spa baths
  • stores and/or recirculates water e.g. cold water storage or hot water storage tanks
  • is likely to contain a source of nutrients for the organism to grow, such as rust, sludge, scale, organic matter and biofilms

Legionnaires’ disease is normally contracted by inhaling small droplets of water (aerosols), suspended in the air, containing the bacteria.

Some people are more at risk from legionnaires disease.  The risk increases with age, but some people are at higher risk e.g. people over 45, smokers and heavy drinkers, people suffering from chronic respiratory or kidney disease, diabetes, lung and heart disease or anyone with an impaired immune system

The law

The Health and Safety at Work Act 1974 / The Health and Safety at Work (Northern Ireland) Order 1978 and the Management of Health and Safety at Work Regulations 1999 /  Management of Health and Safety at Work Regulations (Northern Ireland) 2000 provide overarching duties and framework for controlling health and safety at work.

The Control of Substances Hazardous to Health Regulations 2002 (COSHH) and The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003  (COSHH) are specifically relevant and provide a framework of actions designed to assess, prevent or control the risk from bacteria like legionella and take suitable precautions.

The Approved Code of Practice Legionnaires' disease: the control of legionella bacteria in water systems (L8) contains practical guidance on how to manage and control the risks in your system. 

The dutyholder is responsible for carrying out a risk assessment to assess the risk of exposure to legionella bacteria from work activities and water systems, and to identify any precautionary measures required. 

A dutyholder may be, the employer, where the risks from the work activities are a risk to employees and others.  It may also be the person in control of premises/ landlord where there is a risk from systems in the buildings e.g. the building is let to tenants, but the landlord keeps responsibility for its maintenance.

The risk assessment should identify and evaluate potential sources of risk and: (a) the particular means of preventing exposure to legionella bacteria; or (b) if prevention is not reasonably practicable, the particular means of controlling the risk from exposure to legionella bacteria.

If the assessment shows that there is a reasonably foreseeable risk and it is reasonably practicable to prevent exposure or control the risk from exposure, you should appoint a competent person(s) to help undertake tasks and duties needed to comply with the requirements in COSHH. They must be properly trained to carry out tasks safely and accurately and receive regular refresher training. It is important that you keep training records.   

Preventing or controlling the risk from exposure to legionella bacteria

You will need to develop and implement a written scheme for controlling the risk of legionella exposure

The written scheme should include:

  • an up-to-date schematic plan showing the layout of the plant or water system, including parts temporarily out of use
  • a description of the correct and safe operation of the system
  • the precautions to take
  • checks to carry out to ensure the written scheme is effective
  • the remedial action to take if the written scheme is shown to be not effective

You will need to put in place measures to prevent the growth of legionella bacteria in the system and which reduce exposure to water droplets and aerosols. You can get advice on the precautions you need to put in place from a competent adviser.  Precautions should include the following:

  • avoiding water temperatures between 20 °C and 45 °C and conditions that favour the growth of legionella bacteria and other microorganisms;
  • avoiding water stagnation which may encourage the growth of biofilm;
  • avoiding the use of materials that harbour bacteria and other microorganisms, or provide nutrients for microbial growth;
  • controlling the release of water spray;
  • maintaining the cleanliness of the system and water in it;
  • using water treatment techniques;
  • taking action to ensure the correct and safe operation and maintenance of the water system.

Water samples should be analysed for legionella periodically to demonstrate that bacteria counts are acceptable. The frequency should be determined by level of risk, in accordance with the risk assessment.

Record keeping

Record keeping is important to show what has been done.  You may wish to keep a record of the appointed responsible person(s) for conducting the risk assessment and managing, and implementing the written scheme; any significant findings of the risk assessment; the written scheme and its implementation; details about the state of operation of the water system, ie in use/not in use; the results of any monitoring inspection, test or check carried out, and the dates.

The HSE publication HSG274 Legionnaires’ disease, Part 2: The control of legionella bacteria in hot and cold water systems provides more information on controlling the risks of legionella bacteria. 

Electricity

Introduction

It is your responsibility to ensure that people living, working and using the services in your building are protected from the risks associated with electricity.

This includes the fixed electrical installation in the building as well as sockets, fittings, cables, plugs and electrical equipment.

There is a risk of severe injury, death and damage to property from electricity.

The Law 

The Electricity at Work Regulations 1989 / The Electricity At Work Regulations (Northern Ireland) 1991 relate to nearly all workplaces and include electrical installations, electrical equipment and conductors.

Provision and Use of Work Equipment Regulations (Northern Ireland) 1999 are relevant to ensure that equipment provided is suitable for its intended use, is safe to use, maintained, inspected and correctly installed, used by trained people and accompanied by suitable health and safety measures such as protective devices and controls.

The Management of Health and Safety at Work Regulations 1999 / Management of Health and Safety at Work Regulations (Northern Ireland) 2000 place a duty on an employer to undertake a suitable and sufficient risk assessment. 

Risk Assessment

Electrical hazards in the workplace should be considered in suitable and sufficient risk assessment(s).  You should consider the type of electrical equipment that is used and the environment it is used in.  It is also important to consider anyone who may be harmed.  This may include staff, residents/ service users and others.   For example, is there a risk from unused electrical sockets where someone may try and push something into the socket due to cognitive impairment.

The risk assessment will help you decide what action to take to use and maintain electrical installations and equipment and how often maintenance is needed.

Electrical Installation Condition Reports (EICR)

An EICR is a formal document that is produced following an assessment of the electrical installation within a property.  It must be carried out by an experienced qualified electrician or approved contractor.

An EICR is a detailed assessment of a property's electrical system, ensuring it meets current safety standards. The assessment involves examination of various components, including wiring, circuits, switches, and distribution boards. It can help identify potential safety hazards, damage, or deterioration in the electrical installation.

If you are in a rented/ leased building the landlord has a legal duty to ensure the electrical installations in the property are safe.  If your company own the building it is their responsibility to arrange the EICR. It is recommended that commercial properties have an EICR conducted at least every five years to ensure ongoing compliance and maintain electrical safety standards.

Portable electrical equipment 

Portable electrical equipment, including equipment owned by a resident, must be maintained.  The frequency of maintenance will depend on how often the equipment is moved and how likely it is to become damaged.  It is not necessary to test all portable appliances every year.

Users should visually check equipment before use and remove from use if damaged.  Checks should include the plug, cables to look for damage and if there are any scorch marks/ stains.  

Radon

Introduction

Radon is a colourless, odourless, radioactive gas that occurs in rocks and soils, some building materials and water.  Radon can seep out and build up in indoor workplaces. The highest levels are usually found in underground spaces such as basements.  High concentrations are also found in some buildings because warm air rising draws radon from the ground underneath buildings to enter through cracks and gaps in the floor.

Radon is a hazard in many homes and workplaces. As radioactive elements decay, they emit radiation.  Exposure to radon is a risk to health and can damage living tissues.  Breathing in radon is the second largest cause of lung cancer in the UK resulting in over 1000 fatal cancers per year.

The Law

The Ionising Radiation Regulations 2017 / The Ionising Radiations Regulations (Northern Ireland) 2017 require all employers to review the potential radon hazard in their premises.

They come into effect where radon is present above the defined level of 300 Bq/m3 (as an annual average) and employers are required to take action to restrict resulting exposures. 

The UK Health Security Agency (UKHSA) is the UK’s primary expert on radon and radiation protection. UKHSA provides resources and advice about radon.

The UKradon website has more information about radon, including:

  • health risks
  • maps of radon-affected areas
  • the radon measurement services that UKHSA offers

Risk Assessment 

You should assess the risk of radon in the workplace in relation to:

  • all below ground workplaces in the UK; and
  • all workplaces located in radon Affected Areas.

The UKHSA indicative atlas can help you identify if your workplace is located in a radon Affected Area. There is also an option if you want to be more specific to consult the definitive radon dataset online, for a small fee to identify the Affected Area status of a particular building or buildings.

In above ground workplaces that are located in a radon affected area the risk assessment should include radon measurements in appropriate ground floor rooms.

For workplaces that have below ground areas occupied for more than an average of an hour per week or approximately 50 hours per year or those containing an open water source, the risk assessment should include radon measurements. This applies to all below ground workplaces in the UK (basements, cellars, mines, caves, tunnels, etc), irrespective of the above ground Affected Areas status.

Risk assessments should be kept under review and where any significant changes are made to the fabric of a building or to the work processes carried out within it, then the need to re-measure the radon levels should be considered. It is also good practice to assign a maximum period upon which remeasurement of the radon levels will occur.

Testing for radon

Radon surveys should be conducted in any workplace where its location and characteristics suggest that elevated levels may be found and significant exposures to employees and/or other persons are possible. The UKHSA website has details of validated laboratories capable of supporting this. Inexpensive surveys can be carried out by leaving small plastic passive detectors in rooms or occupied locations of interest.  

Gas

Introduction

If you use any gas appliances including ovens, cookers and boilers it is essential they and any associated vents, pipework and flues are installed correctly and maintained.

Faulty gas appliances may result in fire, explosion, gas leaks and carbon monoxide poisoning.

The Law

The Gas Safety (Installation and Use) Regulations 1998 / Gas Safety (Installation and Use) Regulations (Northern Ireland) 2004 

You must ensure that any gas appliance (including Liquefied petroleum gas (LPG)), installation pipework or flue installed and under your control is maintained in a safe condition to prevent the risk of injury to any person.  This also includes certain mobile and portable appliances.

Maintenance, inspection and remedial work should be undertaken in accordance with manufacturer’s instructions. In the absence of specific manufacturers instructions, effective maintenance should include, as a minimum:

  1. examination of the physical condition and safe functioning of appliance(s), installation pipework, ventilation and any flue for deterioration
  2. carrying out performance tests
  3. taking the necessary remedial action

Gas Safe registered engineers must carry out work to install, maintain or repair gas appliances and pipework.

All rooms with gas appliances must have adequate ventilation and it is important not to block air inlets/ vents to prevent draughts and flues and chimneys must not be obstructed.  

Lifting equipment

Introduction

Supporting the moving and handling of people in care settings is a regular activity and it is very likely there will be a variety of lifting equipment in use.

There is a legal duty to manage risks associated with lifting equipment, ensuring it is suitably strong and stable for its intended task, that it is properly maintained and used by competent staff e.g. trained in its use.

The Law

Where lifting equipment, including hoists and slings, are used by people at work, the Lifting Operations and Lifting Equipment Regulations (LOLER) apply.

The Lifting Operations and Lifting Equipment Regulations 1998 / Lifting Operations and Lifting Equipment Regulations (Northern Ireland) 1999

LOLER requires that lifting equipment is:

  • strong and stable enough for the particular use;
  • marked to indicate safe working loads;
  • positioned and installed to minimise any risks;
  • maintained and visually checked before use – report obvious damage or wear;
  • used safely, ie the work is planned, organised and performed by competent people;
  • subject to thorough examination and inspection by competent people, where appropriate.

LOLER applies to equipment that lifts or lowers loads as a principal function. This includes passenger lifts hoists, bath lifts and slings.

  Provision and Use of Work Equipment Regulations (Northern Ireland) 1999 are relevant to ensure that equipment provided is suitable for its intended use, is safe to use, maintained, inspected and correctly installed, used by trained people and accompanied by suitable health and safety measures such as protective devices and controls. 

The regulations are aimed at ensuring that all lifting operations are properly planned, lifting equipment is used in a safer manner and that, where necessary, it is thoroughly examined at suitable intervals by a competent person.

Is it work equipment?

Lifting equipment designed to lift or lower a load does not automatically means that LOLER applies.  The equipment has to be defined as ‘work equipment’ which is defined in the Provision and Use of Work Equipment Regulations 1998 (PUWER) as ‘any machinery appliance, apparatus, tool or installation for use at work (whether exclusively or not)’.

Equipment used by an employee at work will be covered by this definition, however in health and social care settings the main exceptions will be:

  • where a member of the public (eg a user of care services) purchases equipment for their use at home, as it is not defined as work equipment;
  • where equipment has been loaned by an employer or community equipment provider for individuals solely to be used by themselves, family or unpaid carers, as it is not defined as work equipment during the loan period

In these cases LOLER will not apply. However, in the latter case the more general duties under the Health and Safety At Work etc Act 1974 section 3 (to provide safe equipment and maintain it, so far as is reasonably practicable) will apply.

Identifying lifting equipment 

A considerable amount of equipment in health and social care has an element of lifting as part of its operation.  Height adjustability alone does not mean that LOLER applies to the equipment. The HSE has developed an information sheet ‘How LOLER applies to health and social care’ which provides a list of common work equipment and advice on whether it should be considered as lifting equipment.

Equipment Suitability

Lifting equipment must be fit for purpose, appropriate for the task, suitably marked with safe working loads and uniquely identifiable to ensure it can be identified for thorough examination.

Thorough Examinations

Lifting equipment must be thoroughly examined at suitable intervals by a competent person. Lifting equipment and lifting accessories used to lift people should be examined at least every 6 months and all other lifting equipment at least every 12 months, or as specified in a dedicated scheme of examination. The dedicated scheme of examination may often specify periods that are different (longer or shorter) from the ‘periodic’ thorough examination intervals (ie 6 or 12 months). It should also be thoroughly examined each time exceptional circumstances, which are liable to jeopardise the safety of the lifting equipment, have occurred.

A competent person should determine the thorough examination scheme. They should have enough practical and theoretical knowledge and experience of the lifting equipment to enable them to detect defects or weaknesses, and assess how important they are in relation to the safety and continued use of the equipment.

An in-house person may have sufficient expertise to examine simpler, lower risk devices and accessories, but this should not generally be someone who also carries out routine maintenance (as they would be assessing their own work). Competent people should be able to act with impartiality and independence. You should consider independent verification of the in-house competent person’s work.

You should keep records of thorough examinations and instruct staff to check that equipment is within date of examination before use.

Inspections 

Lifting equipment and accessories may need to be inspected at suitable intervals between thorough examinations and this should include visual and functional checks where your risk assessment has identified a significant risk from use of the equipment, eg everyday wear and tear on slings.

If inspections are required a competent person should advise on the scope and frequency of inspection and the details of any inspection should be included in the thorough examination scheme.

Routine maintenance and defects

Routine maintenance should be carried out to check and replace worn or damaged parts, lubricate and make routine adjustments.  The manufacturer’s guidance on maintenance should be followed.  All maintenance should be recorded.  Defects should be reported and equipment removed from use, ensuring it cannot be used, until it is deemed safe to use. 

Overarching guidance

General H&S management

Managing health and safety should be an integral part of every day activities.

Health and social care is about caring for people safely and employees also have the right to work in a safe and healthy workplace.

The HSE has produced a guidance document which is focused on health and safety in care homes  and considers both employees and residents.  It provides more comprehensive guidance across the variety of topics to help you manage risks effectively.  

Overarching guidance

Safety topics - HSE

Health and safety in care homes HSG220

England

Care Quality Commission - The fundamental standards

Wales

Care Inspectorate Wales - Regulations, statutory guidance and National Minimum Standards: Adult and children's services

Scotland

NHS Inform - Health and Social Care Standards

Norther Ireland

Care standards for Nursing Homes