Working Ethically and Legally with Aged People: Assessment

This assignment provides a comprehensive overview of legal and ethical considerations within aged care services. It delves into various aspects, including codes of conduct, codes of practice, complaint management, and continuing professional education. The assessment covers crucial areas such as discrimination, dignity of risk, and the duty of care. Furthermore, it explores human rights, informed consent, mandatory reporting, and practice standards. The assignment also addresses practitioner/client boundaries, privacy, confidentiality, and policy frameworks. Additionally, it examines records management, the rights and responsibilities of workers, employers, and clients, industrial relations legislation, and work health and safety. The paper also explains the consequences of breaching these ethical and legal considerations. The assignment emphasizes the importance of ethical behavior and legal compliance in providing quality care for the aged population.

Running Head: WORKING ETHICALLY AND LEGALLY
Working with Aged People
Name of Student
Name of University
Name of Tutor
Date
Knowledge Assessment
1. Briefly explain how the following legal and ethical considerations are applied in organisations
providing aged care services:
Guidance: Provide examples where necessary, e.g., specific legislation, codes of practice which are

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WORKING WITH AGED PEOPLE
relevant to the legal and ethical considerations listed.
a) children in the workplace Children are always very vulnerable beings and need to be given
greater concern (Wilkinson, 2009). Children in the workplace may be
exposed to different forms of dangers. However, there must be
specific regulations and codes of practice that must be followed to
ensure their safety and protection.
b) codes of conduct Code of conduct are sets of rules that would require that every
member of an organization to voluntarily operate within the stipulated
guidelines (Tuckett, 2012). They allow us to see the essence of
adopting good behaviours as per the expectations of the organization
and the public. In a health and social care organization, employees
would be required to behave accordingly so that the organization’s
reputation can be upheld. Aged care services are sensitive and values
must be observed.
c) codes of practice Codes of practice involve a set of rules that are laid down and enacted
by the members of an organization; every employee is expected to
legally and ethically apply the codes of practice. In most
circumstances, they contain information on preventive strategies,
practical advice etc. They are helpful to an organization because they
streamline the behaviour of employees towards the objectives of their
organization (Barnes & Henwood, 2015). In providing care for the
aged people, codes of practice are vital in ensuring that the rules and
guidelines are strictly followed. By developing the codes of practice,
the organization will have to recognize the responsibility it has to

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WORKING WITH AGED PEOPLE
provide social and healthcare services to the aged people and ensure
that they promote safety, equality, integrity, and fairness to all.
d) complaints management This is one of the vital areas to be considered in any organization. It is
important for an organization to have a complaints department
responsible for receiving complaints from the employees, service
users and the public in general and presenting them to the
management for the next course of action in response to the specific
complaints. Complaints may come from different corners, both ethical
and legal considerations (Akgür, Erdem, & Coşkunol, 2012). In health
and social care organization, the department that deals with complaints
should be very strong. A lot of complaints may arise from the way
patients are handled, quality of services provided, security, and
protection. In this connection, the management should get the
complaints in good time to enable them to investigate and act
accordingly.
e) continuing professional
education
Skills upgrade is an important step in any organization. With
continuous dynamics in technology, many new ways are invented on
how to deal with different problems including health issues. This has a
greater impact on the quality of services offered in health and social
care services (McMillan, 2016). Continuing professional education
help employees refresh their minds, develop new strategies, and
become rich in ideas that help them be effective in service delivery.
f) Discrimination One of the most common problems that health and social care
organizations have to deal with more frequently is discrimination. It,
therefore, means that the employees of an organization must not

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indulge in any form of discrimination. Because of the issue of
discrimination which old people may be facing at their homes, they
seek services in social and health care organizations to help them deal
with stigma and enable them to cope with the environment
(Wilkinson, 2009). In this connection, the employees are expected to
be discriminatory free and friendly enough to understand the elderly
clients as that is the core mandate of the organization.
g) dignity of risk There are a lot of risks involved while offering care and social services
to elderly people. Risks are involved in both sides; therefore,
participants are obliged to ensure that they know the risks and operate
within the periphery of risk-free environment (Portus, 2015).
Following ethical standards will certainly lower the risks levels and
enable the organization to improve its image and enhance confidence
level.
h) duty of care In a health and social care organization, the core mandate is to offer
services in regards to care. The duty of care as shrined in the code of
ethics is a mandatory assignment to every employee (Cook, Schouten,
Henrickson, 2018). In the duty of care, every employee should devote
himself or herself to ensure that ethical values are upheld.
i) human rights:
Universal declaration of human
rights
The universal declaration of human rights is a document designed by
the United Nations and it puts straight the requirements for
understanding human rights. In essence, it states that the recognition
of dignity and the rights of all human beings should be equal to the
foundation of freedom, peace, and justice in the world (Cook,
Schouten, & Henrickson, 2018). It, therefore, calls for a great concern
to obey the human rights as we partake to our duties in social and

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health care organization.
j) human rights:
the relationship between human
needs and human rights
Human needs are those things that are required by human beings, they
include food, clothing, and shelter basically known as basic human
needs. Human rights, on the other hand, were made from a Universal
Declaration and the main aim is to see moral practices enshrined in
international and moral laws (Lloyd & Sullivan, 2018). Human rights
and human needs are important to an organization that is offering
social care services to elderly people because they form the
foundation of the organization's responsibility.
k) human rights:
frameworks, approaches, and
instruments used in the
workplace
Employees are expected to know the legal and ethical frameworks in
the social and health care organizations. These frameworks may
include sources of law, legislation, international treaties among other
(Barnes, & Henwood, 2015). The social care provider should not
only pass government policy but must be aware of the ethical and
human rights issues as well as having a clear understanding of their
roles in the organization.
l) informed consent In most cases, service providers will have their own consent. But their
consent should conform to the ethical requirements and the laws
governing the organization (Lloyd, & Sullivan, 2018). Informed
consent may be using a time when a decision has to be made
regarding issues in the organization.
m) mandatory reporting Mandatory reporting involves the work, done by physical therapists;
emergency medical service providers; physicians; surgeons among
others. Elderly people have the risk of health emergencies which may
require quick reporting (Cook, Schouten & Henrickson, 2018).
Mandatory reporting must conform to the codes of conduct, codes of
practice, and the general ethics of the organization. This practice is

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WORKING WITH AGED PEOPLE
very important in health and social care organizations because it
enables handling of the aged people are faster and reliable.
n) practice standards Standards of practice are the key components of the ethical
framework as laid down in procedures and guidelines. They are
standards in conformity to the ethical requirements. It is important to
take note of the ages that are dealt with. They are helpful in the
realization of organizational goals and objectives because they enable
employees to understand that they have to operate within the
procedures and regulations both national based and organizational
based.
o) practitioner/client boundaries This is one of the most important practices in health and social care.
As much as the practitioner’s and the client’s privacy must be
protected, their boundaries must be respected as well (Cartwright,
2005). Confidential information about the client must be protected as
well as the confidential information about the practitioner in
conformity to the procedures for good practice.
p) privacy, confidentiality, and
disclosure
Privacy, confidentiality, and disclosure are very fundamental ethical
requirements in any organization dealing with the provision of care to
elderly people. The requirement is that these people must have their
privacy maintained and non-disclosure of confidential information is
adhered to (Tuckett, 2012). This is necessary as it is part of the
requirements of the good standards resulting from ethical behavior
needed in the organization.
q) policy frameworks Good policy frameworks will certainly create a good environment
where every individual will work comfortably and the clients will get
the kind of services they need. However, I the policy frameworks are

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WORKING WITH AGED PEOPLE
not proper, clients may not be satisfied or attended to accordingly
(Fonad, Robins Wahlin & Rydholm Hedman, 2015). The main
objective of the organization is to satisfy the requirements of its
clients; therefore, it is important that the policies create a wonderful
environment for all the users.
r) records management In any health and social care organization, records management is a
critical undertaking that requires full attention. Health records are
fundamental in helping practitioners keep track of all the patients and
the activities they do (Cook, Schouten, & Hendrickson, 2018). This is
because a lot of references need to be done to make sure everything is
done correctly. Keeping records helps service providers understand
the history of patients so that they can really know what to do and at
what times.
s) rights and responsibilities of:
- workers
- employers
- clients
Guidance: Provide at least two
(2) examples of rights and
responsibilities for each.
Workers, employers, and clients have important rights and
responsibilities that must be outlined correctly in an organization.
Each group’s rights and responsibilities are fundamentally helpful to
the success of the organization and must be protected at all cost. No
any rights should be allowed to override the other (Akgür, Erdem, &
Coşkunol, 2012). An example of employee’s rights is the right to
safety and fair pay. Employer’s right could be the right to hire and
dismiss a worker who has violated the laid down procedures. Client's
rights are equally important just as any other right. As a beneficiary
of social and health care service, your rights must be protected and
taken care of. Their rights include the right to privacy among others.
t) industrial relations legislation
relevant to employment
Industrial relations like labor relations are important in any
organizational setup. They help fight for the rights of workers or

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WORKING WITH AGED PEOPLE
conditions of role employees (Barnes & Henwood, 2015). Although some organizations
discourage its members from joining labor movements, they play an
important role in protecting employees from unnecessary exploitation
by their employers.
u) work health and safety In a social and social care organization, health and safety are crucial
elements that must be observed by everybody taking part in such a
setup. Safety of clients as well as the safety of employees are
important and must be observed (Cartwright, 2005). This is because
in such setup there are risks of acquiring diseases and accidentally in
contact with dangerous chemicals. Therefore, great care must be
taken to ensure that everything is handled correctly.

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WORKING WITH AGED PEOPLE
2. Briefly explain the consequences if the following legal and ethical considerations are
breached:
a) children in the
workplace
Children are always very vulnerable beings and need to be
given greater concern. Children in the workplace may be
exposed to different forms of dangers (Lloyd, & Sullivan,
2018). However, there must be specific regulations and
codes of practice that must be followed to ensure their
safety and protection.
b) codes of conduct It is important for an organization to have a complaints
department responsible for receiving complaints from the
employees, service users and the public in general and
presenting them to the management for the next course of
action in response to the specific complaints. Complaints
may come from different corners, both ethical and legal
considerations (Tuckett, 2012). In health and social care
organization, the department that deals with complaints
should be very strong. A lot of complaints may arise from
the way patients are handled, quality of services provided,
security, and protection. The consequences of violating
codes of conduct may be detrimental to the organization
and to the individual character and dignity.
c) codes of practice e They are helpful to an organization because they streamline
the behavior of employees towards the objectives of their
organization. In providing care for the aged people, codes
of practice are vital in ensuring that the rules and guidelines

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WORKING WITH AGED PEOPLE
are strictly followed ("Social Health Disparities in Clinical
Care: A New Approach to Medical Fairness", 2015). By
developing the codes of practice, the organization will have
to recognize the responsibility it has to provide social and
healthcare services to the aged people and ensure that they
promote safety, equality, integrity, and fairness to all. If
codes of practice are not observed accordingly a serious
destruction of the organization’s image and its relationship
with both the public and clients will be backlashed.
d) complaints management Complaints management committee should be established
in an organization. Failure to have this committee may deny
those who would wish to complain opportunity to do so. If
complaints are directed to the right people, quick actions
can be taken to avoid conflicts are for corrective measures.
Failure to report complaints may result to lack of
appropriate actions taken against the future occurrence of
such problems (Lloyd, & Sullivan, 2018). Therefore, to
prevent the future occurrence of avoidable problems, those
who meet with challenges must report.
e) continuing professional
education
Skills upgrading is an important step in any organization.
With continuous dynamics in technology, many new ways
are invented on how to deal with different problems
including health issues (Barnes, & Henwood, 2015). This
has a greater impact on the quality of services offered in
health and social care services. Continuing professional
education help employees refresh their minds, develop new

11
WORKING WITH AGED PEOPLE
strategies, and become rich in ideas that help them be
effective in service delivery.
f) Discrimination Discrimination is a common problem in organizations
which deal with care services therefore, it is important to
ensure that employees are aware of the consequences that
may come forth due to discrimination (Kendall & Reid,
2016). It has a negative impact on the image and the
operations of the organization. Since this is a care
organization that deals with old and sick people, it
important that discrimination should be at zero level so that
the confidence level of clients is improved.
g) dignity of risk The universal declaration of human rights is a document
designed by the United Nations and it puts straight the
requirements for understanding human rights (Barnes, &
Henwood, 2015). In essence, it states that the recognition of
dignity and the rights of all human beings should be equal
to the foundation of freedom, peace, and justice in the
world. It, therefore, calls for a great concern to obey the
human rights as we partake to our duties in social and
health care organization. The dignity of risk is an important
aspect of responsibility in social and health care
organizations because it helps those who work in such
organizations understand the risks they may be subjected
and how to prevent and deal with them if they occur.
h) duty of care In a health and social care organization, the core mandate is
to offer services in regards to care. The duty of care as

12
WORKING WITH AGED PEOPLE
shrined in the code of ethics is a mandatory assignment to
every employee (Kendall, & Reid, 2016). In the duty of
care, every employee should devote himself or herself to
ensure that ethical values are upheld.
i) human rights The universal declaration of human rights is a document
designed by the United Nations and it puts straight the
requirements for understanding human rights. In essence, it
states that the recognition of dignity and the rights of all
human beings should be equal to the foundation of
freedom, peace, and justice in the world (Cartwright,
2005). It, therefore, calls for a great concern to obey the
human rights as we partake to our duties in social and
health care organization.
j) informed consent Informed consent helps workers and the clients to judge
their consents and make the right decision of what they
want to do. It is very important for every care provider to
ascend to his or her knowledge and understand whether the
decision is one which corresponds to the fundamental
organizational goals and responsibilities. In most cases,
service providers will have their own consent. But their
consent should conform to the ethical requirements and the
laws governing the organization (Cartwright, 2005).
Informed consent may be using a time when a decision has
to be made regarding issues in the organization.
k) mandatory reporting Mandatory reporting must conform to the codes of conduct,
codes of practice, and the general ethics of the
organization. This practice is very important in health and

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WORKING WITH AGED PEOPLE
social care organizations because it enables handling of the
aged people are faster and reliable (Vuksan, Williams &
Crooks, 2012). The people who are responsible for
mandatory reporting should understand the rules regarding
mandatory reporting procedures, codes of ethics, codes of
practice; and codes of regulations. Mandatory reporting
will help the social and health care organization to attend to
its clients in good time in order to prevent delay in the
provision of emergency and critical services.
l) practice standards Standards of practice are the key components of the ethical
framework as laid down in procedures and guidelines. They
are standards in conformity to the ethical requirements. It is
important to take note of the ages that are dealt with (Lloyd
& Sullivan, 2018). They are helpful in the realization of
organizational goals and objectives because they enable
employees to understand that they have to operate within
the procedures and regulations both national based and
organizational based.
m) practitioner/client
boundaries
This is one of the most important practices in health and
social care. As much as the practitioner’s and the client’s
privacy must be protected, their boundaries must be
respected as well (Kendall, & Reid, 2016). Confidential
information about the client must be protected as well as the
confidential information about the practitioner in
conformity to the procedures for good practice.
n) privacy, confidentiality, Privacy, confidentiality, and disclosure are very
fundamental ethical requirements in any organization

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WORKING WITH AGED PEOPLE
and disclosure dealing with the provision of care to elderly people. The
requirement is that these people must have their privacy
maintained and non-disclosure of confidential information
is adhered to (Poulos et al., 2018). This is necessary as it is
part of the requirements of the good standards resulting
from ethical behavior needed in the organization.
o) policy frameworks Good policy frameworks will certainly create a conducive
environment where every individual will work comfortably
and the clients will get the kind of services they need.
However, the policy frameworks are not proper; clients
may not be satisfied or attended to accordingly (Akgür,
Erdem & Coşkunol, 2012). The main objective of the
organization is to satisfy the requirements of its clients;
therefore, it is important that the policies create a
wonderful environment for all the users.
p) records management In many health and social care organizations, records
management is a critical undertaking that requires full
attention. Health records are fundamental in helping
practitioners keep track of all the patients and the activities
they do. This is because a lot of references need to be done
to make sure everything is done correctly (Kendall & Reid,
2016). Keeping records helps service providers understand
the history of patients so that they can really know what to
do and at what times.
q) rights and
responsibilities of
workers, employers,
Workers, employers, and clients have important rights and
responsibilities that must be outlined correctly in an
organization. Each group’s rights and responsibilities are

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WORKING WITH AGED PEOPLE
and clients fundamentally helpful to the success of the organization
and must be protected at all cost (Street, Ottmann,
Johnstone, Considine & Livingston, 2014). No any group's
rights should be allowed to override the other. An example
of employee's rights is the right to safety and fair pay.
Employer's right could be the right to hire and dismiss a
worker who has violated the laid down procedures. Client's
rights are equally important just as any other right. As a
beneficiary of social and health care service, your rights
must be protected and taken care.
r) industrial relations
legislation relevant to
employment
conditions of role
Industrial relations like labor relations are important in any
organizational setup. They help fight for the rights of
workers or employees (Brannelly, 2011). Although some
organizations discourage its members from joining labor
movements, they play an important role in protecting
employees from unnecessary exploitation by their
employers.
s) specific legislation in
the area of work –
objectives and key
components
There is very much legislation that can be adopted in health
and social care organizations to help achieve the desired
objectives and goals. Legislations regarding the safety of
clients and workers should be properly outlined in the
legislation book and should guide the users effectively. The
core objective of such an organization is to provide care to
aged people so that they can also feel comfortable in the
society (Fonad, Robins Wahlin & Rydholm Hedman,
2015). The objectives are however clear, but there should
be specified legislation to back this objective.

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WORKING WITH AGED PEOPLE
t) work health and safety In any health and social care organization, health and safety
are crucial elements that must be observed by everybody
taking part in such a setup. Safety of clients as well as the
safety of employees are important and must be observed.
This is because in such setup there are risks of acquiring
diseases and accidentally in contact with dangerous
chemicals (Cartwright, 2005). Therefore, great care must
be taken to ensure that everything is handled correctly.

17
WORKING WITH AGED PEOPLE
3. Briefly explain how the legal and considerations in the community service and health
context impact individual workers.
The legal considerations in the community service and health would affect individual
service providers in many different ways. For instance, many health workers who may not
follow the ethical procedures in their organizations may have a difficult time coping with
some regulations and this may lead to their dismissal from the service (Lloyd & Sullivan,
2018). On the other hand, legal frameworks assist in guiding individual workers so that
they know their responsibilities and to work following ethical frameworks.
4. Briefly explain the similarities and differences that may exist between legal and ethical
frameworks.
a) Similarities Laws and ethics are made to describe the required behaviours of
individuals in society (Brannelly, 2011). They help to guide people
on the accepted behaviors expected from them in conformity with
the societal values. Besides, both laws and ethics describe what
each person would be expected so that society believes that one has
not violated the norms of the society.
b) Differences However, there are some differences that may be seen between
laws and ethical frameworks. For instance, ethics can be seen as
values that arise from people’s perception of what is right and
wrong (McMillan, 2016). To some extent, we can say that ethics
lack proper definition while laws are properly defined and they

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WORKING WITH AGED PEOPLE
conclusive explain what is supposed to be done by an individual.
Interestingly, it can be said that if someone violates ethics, he or
she will not be punished, but if you violate the laws, you must be
punished for doing that.

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WORKING WITH AGED PEOPLE
5. Briefly explain the interrelationship differences that may exist between legal and ethical
frameworks.
Laws and ethics are made to describe the required behaviors of individuals in society. They
help to guide people on the accepted behaviors expected from them in conformity with the
societal values (Portus, 2015). Besides, both laws and ethics describe what each person
would be expected so that society believes that one has not violated the norms of the
society. To some extent, we can say that ethics lack proper definition while laws are
properly defined and they conclusive explain what is supposed to be done by an individual
(Cook, Schouten & Henrickson, 2018). Interestingly, it can be said that if someone violates
ethics, he or she will not be punished, but if you violate the laws, you must be punished for
doing that.
6. List two examples of legal issues that commonly arise in an aged care setting.
Guidance: Provide responses which are only relevant to the work role of an aged care
worker.
a) Disclosure of confidential information e.g. the type of disease someone is
suffering from
b) Poor relationship with elderly people

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WORKING WITH AGED PEOPLE
7. List two examples of ethical issues that commonly arise in an aged care setting.
Guidance: Provide responses which are only relevant to the work role of an aged care worker.
a) Poor relationship with elderly people
b) Disclosure of confidential information e.g. the type of disease someone is
suffering from

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8. Answer the questions that follow based on the scenario described below:
Cindy Smith is a new resident at Lotus Compassionate Care. While you were
preparing her breakfast, she shared with you how she was "put away" in the
center. A couple of months ago she had spent some time in the hospital due to a
major surgery. During this time, her son offered to help manage her finances.
She said that she thought it seemed like a good idea at the time, so she signed an
Enduring Power of Attorney, not fully knowing the extent of the power she
handed over to her son.
When she went home about two months later, she checked her bank statements
and found that her bank balance dropped by $25,000. Another month later, she
found that the house was being sold, and she was being asked to choose a home.
a) Briefly explain how you will respond to the situation described above.
Guidance: Take note of your legal and ethical responsibilities as an Aged Care
Worker.
The situation that Cindy Smith was involved in was quite disturbing one from the fact that
she was also a care provider. It puts her in a weird and compromising situation because she
would not be able to confidently discharge her duties effectively. Besides, Cindy has
exposed her ordeal to a third party (Brannelly, 2011). This is also against ethical
requirements because as a care provider, she should have not revealed her misfortunes. It
also means that she can easily disclose confidential information about her clients to other
people. Confidentiality is a very important aspect in social and health care organizations
because there is some information that must be guarded properly so as not to compromise
the integrity and the image of the affected people.

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WORKING WITH AGED PEOPLE

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WORKING WITH AGED PEOPLE
b) List one legal consideration you have to address in responding to the given situation.
Integrity
c) List one ethical consideration you have to address in responding to the given situation
Concern for others

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WORKING WITH AGED PEOPLE
9. Answer the following question based on the scenario described below:
Joshua Black is a resident at Lotus Compassionate Care. While supporting him
with his bath, you noticed rashes all over his arms and torso. You asked him
when it appeared and he casually told you not to worry about it. He explained
that Mary, the new staff, didn’t know he was allergic to ibuprofen and gave him
some for his arthritis. He said the young lady looked really worried so he told
her not to worry about it because he’s had it before and it’s nothing serious.
Mary is also an Aged Care Worker like you and is not authorized to give
medication to clients.
Briefly explain how you will respond to the situation described above.
Guidance: Take note of your legal and ethical responsibilities as an Aged Care
Worker.
a) Briefly explain how you will respond to the situation described above.
Guidance: Take note of your legal and ethical responsibilities as an Aged Care
Worker.
The situation explained in the scenario could be termed as a rare but common
problem that as care providers meet. Since the client has not taken it so seriously and
admits that it is not the first time it is occurring to him; I only need to find a way of
helping the client to reduce the effect as first as possible. However, as a fellow care
provider, I must in a professional manner talk to Mary and remind her not to
administer drugs to patients before knowing how her clients would react with such
drugs (Wilkinson, 2009). It is therefore important to adhere to the rules and

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WORKING WITH AGED PEOPLE
regulations of the organization to prevent such occurrences.

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WORKING WITH AGED PEOPLE
b) List one legal consideration you have to address in responding to the given situation.
Professionalism
c) List one ethical consideration you have to address in responding to the given situation
Lack of care

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WORKING WITH AGED PEOPLE
10. Provide an outline of how workplace policies, procedures, and protocols are/should be
developed and reviewed. Provide a brief explanation for each step.
Guidance: There is a range of acceptable answers for this question; however you
must include in your explanation development processes to ensure all policy
requirements are covered, including but not limited to consultation and
mechanisms for input.
Workplace policies, procedures, and protocols are supposed to be systematically and
carefully developed so that they are easy to understand and implement by the users.
The following steps would be helpful in doing this:
Step one: carry out case studies to know which areas need the policy. This will help in
collecting the stakeholders' opinions and responses, and views on different areas that
policies should address.
Step two: Allow the workers to provide their proposals as this is important in
checking the most important areas.
Step three: Publish the policies and protocols so that every person can see them.
Step four: Implement the policies and receive the feedback so that review can be done
on the policies
Step five: Review and change policies where possible to improve the workability.

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