Health & Safety in Healthcare Practice

This essay analyzes the legal and policy framework for health and social care practitioners in the UK, focusing on the National Health Service (NHS) in England. It explores the roles of the legislature, executive, and judiciary in shaping healthcare policy and practice, examines key legislation, statutory guidance, and codes of practice, and evaluates the impact of the UK's national system of government on healthcare.

Health & Safety in healthcare practice

1
Health & Safety in healthcare practice
The policy frame work in healthcare practices
sets out principles of good practice in the
management and conduct of health and social
care research in the UK. Practitioners that
work in health and social care are regulated
by, and must follow a number of law and
policy while working within the most common
settings of health trusts, primary aid and public
authority settings. Even those perform in
voluntary non-profit and private organisation
also need a sound understanding of law and
policy in order to exercise proficiently, safely,
ethically and legally.
The chosen organisation for the essay is National
Health Service, which is situated in England, UK. It
is a public health service established in 1948 as one
major social reform. Further, the essay aims at
describing legislature, the executive and the
judiciary set the legal and policy landscape for
health and social care practitioners. Also, will
summarise features of legislation, Statutory
guidance and codes of practice. Further, evaluate
own national system of government in relation to
its effect on healthcare.
The Legislature, refers to the law and policy making body and is a deliberate
assembly with the right to create laws for politico entity such as country or city.
Important parts of most government are formed by legislature, in the separation of
power model, which is combined with judicial and executive. The Judiciary is the
system of courts that interprets and applies the law in the name of the state. It has
been discovered that under the doctrine of the separation of powers, the statutory
law is not made by judiciary, as it is the responsibility of legislature. The
executive branch of the government with authority and responsibility for daily
administration of the state. The idea of segregation of powers is liberal democracy
which states that there is executive, judiciary and legislative branch. Therefore,
the legislative makes the laws, the interpretation of the laws is done by judiciary
whereas the executive enforces the law.
The executive branch of UK, can be the source of certain forms of laws. The
reason behind this is that they are able to make executive decrees or order and
executive bureaucracies can be the source of regulations. Hence, this means that
the executive branch is consisted of the leaders with top leadership roles
involving the head of state, the head of government, defence minister and finance
minister. Moreover, it is the responsibility of the executive branch of the
government to create new policies for healthcare practitioners. Then comes the
responsibility of the legislative branch to approve those policies and laws and
pass new laws to give legal effect to the policies. The state or the executive is
prevented by the Judiciary from exercising its powers in an unlawful manner. The
executive consisted of all official and public authorities that govern the UK, from
initiating and implementing legislation to the running of local and national
services. The outcomes of disputes are determined by the judicial function and
performs minor legislative and administrative functions.
All three branches of government establish new requirements for healthcare practitioners for care
quality that involve new fundamentals standards. There is a close relationship between legislature,
judiciary and executive in the UK constitution. The reason behind this is that, the all three branched
participate visibly in the formation of UK health policy. In order to move the health associated laws
and the policy making procedures into positive direction within the country, executive branch play a
vital role. As the executive branch is accountable to carry the health-related policies, from
formulation to implementation. In addition, it has been observed that the judiciary in the health
policy issues is expanding. For many decades the courts were engaged in a few specific health
policies. Further, it has been disclosed that there are numerous reasons for enlarging the role of
judiciary in health policy, involving the inability of the legislative and executive branches of the
authority to create expressed policies. Under the health act, the Secretary State has a legal duty to
promote a comprehensive health service that gives care free of charge. The employer must apply
appropriate health and safety arrangements, under regulation 5 of the management of health and
safety at work regulations.
Under regulation 4 of the management of health and safety at work regulations 1999, workers have
a responsibility to apply preventive on the basis of the general principles of prevention categorised
in schedule 1 to the regulations. Moreover, it is still advisable for these employers to hold and
protective control measures a record of general safety policy matters as this will assist them to
comply with health and safety law & will prove helpful. Policies of Health and Safety Act 1974
include; providing an environment that promotes and supports the physical and psychological health
and well-being of workers in the organisation or any other workplace, in line with values like Unity,
Respect, Integrity and Excellence. The third policy is ensuring that all employees are perfectly
trained and educated in area of workplace health and safety in line with position responsibility
involving individual obligations to personal safety. For example, many organisations such as NHS
are good examples of a health and safety policy. All workers are personally committed to take every
reasonable precaution for the protection of all others. To accomplish this commitment, NHS makes
every efforts to give and keep a safe and healthy work surroundings at workplace by adhering to
acceptable industry standards and complying with occupational health and safety laws.
Any healthcare organisation in UK, that gathers, analyse, publishes confidential health
and care information must follow the Code of practice on confidential information.
Guidance is provided by the code of practice to everyone who is working with or caring
for service users. In other words, the code of practice for social care workers is a list of
statements that defines the standards of the professional conduct & practice required of
social care staff. The intention of the code of practices is to reflect the existing good
practice and it is expected that workers and healthcare providers will identify in the codes
that shared standards to which they already aspire. Furthermore, the statutory instruments
are set of secondary legislation made under particular Acts of Parliament. Broad range of
subjects, are covered in this, including control of asbestos at work. The Health and Safety
Act 1974 is the Act imposed by the government of UK that describes the fundamental
structure and authority for the encouragement, rules, and enforcement of workplace
health, safety and well-being within the country.
Basic duties on workers, employers, suppliers of equipment for use at work premises,
etc., are defined by this Act. This means that, employers must protect the health, safety
and well-being at organisation of all their workers, visitors, patients, and public visiting
premises. Policies as per Health and Safety Act states that, employers have a duty under
s.2(3) of the Act, to prepare, apply and revise as necessary, a health and safety policy.
Hence, workers must be informed of the policy and of any amendments made to it. Their
responsibility is to take reasonable care of their own health and safety and that of others
who may be influenced by their work by implementing the measures required under the
Act of 1974. The major policy under Health and Safety Act 1974, it is the basic duty on
an employer to prepare as frequent as may be necessary, revise a written statement of the
NHS's policy with respect to health and safety at workplace. Another policy is,
maintaining the process of constant improvements of safety handling framework, systems
and procedures making sure that safety practices are maintained.
Legislature, The Executive And The Judiciary Judiciary Set the Legal and Policy Landscape

2
Accountability of health care workers is held by supervisors under their
supervision. Their responsibility consist of making sure that machinery and
equipment are safe and that work exercises are in abide with introduced
laws, workplace practices and processes. The NHS also follow the policies
by implementing plan for orienting and training workers and supervisors in
organisation and job specific safe work practices, plans and policies.
Ethics in health and social care is about the values that should be
respected by all healthcare workers while interacting with individuals,
service users, their families and communities. Ethical consideration are
more than polarised judgements of right and wrong. They consist of
exploring principles, morals and values behind a particular attentive,
intervention and action. Below are the fundamental principles of ethical
code are:
First is Working towards the betterment of service users and
doing no harm. Secondly, being trustworthy and responsible which
means that health care practitioners endeavour to establish trust with
their clients and the society in which they perform. Third is, respect for
the dignity and rights of the service user, which states that clients hold
the right to self determination and to be shown dignity and respect. Then
comes justice, which means that healthcare professionals are aware of
their own judgements based on their own experiences, and need to take
supervision to provide service that is not limited by their own restricted
experience.
For example, an ethical dilemma in NHS is telling the truth to a
patient versus being deceptive. I have observed that sometimes families
request that patients not be told regarding their medication condition.
There was a nurse who considered that this is the patient's right to know.
Therefore, the nurse had a responsibility towards the service user and the
ethical principles of non-maleficence and fidelity, that mean the duty to
prevent harm and the obligation to be faithful to other workers.
From the above report, it has been concluded that practitioners that are involved
in NHS has to follow number of laws, rules and regulations. This report also
helps in analysing that there are various laws that practitioners adopt in any
health and care service. This report mentions discussion on NHS that is situated
in England. Further, it has also been determined that executive branch plays
essential and critical role in order to move the laws related to health and also
procedures in terms of making policies that may result into positive direction
within particular country.
Public healthcare is provided by UK to all permanent residents. UK is being
having such healthcare system that is government sponsored in the name of
NHS. It consists of series that is funded publicly healthcare system that is
situated in UK. Thus, population of this country are entitled under this system in
terms of healthcare. But they lack with any option regarding buying private
health insurance. The plan of NHS that is been decided promises in terms of
more power and also for care for patients. In addition to this, responsibility for
health legislation and general policy in UK rests with Parliament and secretary
of State for Health and department in terms of health under the act. The
department of Health provides stewardship for health system overall. The day to
day responsibility in order to rum the rest of NHS having public body separately.
Moreover, NHS leads in managing budget that oversees 209 clinical
commissioning groups in local. The draft that has been prepared of national
health policy in 2015 proposes that health has to be made a fundamental right
and views governments role as the most critical one.
Ethics Informs Health, Care and Support Service
Practice
National System of Government

REFERENCES
Flin, R. and O'Connor, P., 2017. Safety at the sharp end: a guide to non-technical skills. CRC Press.
Waring, J., Allen, D., Braithwaite, J. and Sandall, J., 2016. Healthcare quality and safety: a review of policy, practice and research. Sociology of Health & Illness. 38(2). pp.198-215.
Putz-Anderson, V., 2017. Cumulative trauma disorders. CRC Press.
Vincent, C. and Amalberti, R., 2015. Safety in healthcare is a moving target.
Kapur, N., Parand, A. and Sevdalis, N., 2015. Aviation and healthcare: a comparative review with implications for patient safety. JRSM open. 7(1). p.2054270415616548.
Valentine, M. A., Nembhard, I. M. and Edmondson, A. C., 2015. Measuring teamwork in health care settings: a review of survey instruments. Medical care. 53(4). pp.e16-e30.
Tarzian, A. J., Wocial, L. D. and ASBH Clinical Ethics Consultation Affairs Committee, 2015. A code of ethics for health care ethics consultants: Journey to the present and implications for the field. The American
Journal of Bioethics, 15(5), pp.38-51.
Runciman, B., Merry, A. and Walton, M., 2017. Safety and ethics in healthcare: a guide to getting it right. CRC Press.
Winland-Brown, J., Lachman, V.D. and Swanson, E.O.C., 2015. The new'Code of ethics for nurses with interpretive statements'(2015): Practical clinical application, Part I. Medsurg Nursing. 24(4). p.268.
Holmes, D., 2016. Critical interventions in the ethics of healthcare: Challenging the principle of autonomy in bioethics. Routledge.
3

4