7.1 Identify current legislation and codes of practice for safe working practices

This guide will help you answer 7.1 Identify current legislation and codes of practice for safe working practices.

Working safely forms a foundation in health and social care roles. Staff must follow laws, organisational policies, and codes of practice to protect themselves, individuals who use services, and colleagues. To do this well, staff need a clear awareness of current legislation and codes of practice that direct safe working in the UK.

Regulations, laws, and codes of practice guide actions, promote safety, and help avoid harm. Breaking these rules can result in serious consequences for individuals and organisations. This guide looks at the main laws and codes workers must follow to support safe practice.

Understanding Legislation

Legislation means laws set by Parliament. These laws state what people can or cannot do. In health and social care, legislation aims to keep service users and staff safe from harm, abuse, and hazards.

Staff have a duty to follow legislation related to their role. Failing to follow the law can mean facing disciplinary action, prosecution, fines, or even prison.

Below you will find the main pieces of legislation relevant to safe working in health and social care.

The Health and Safety at Work etc. Act 1974

The Health and Safety at Work Act 1974 is the main British law covering health and safety. It says every employer has a legal duty to keep staff, service users, and visitors safe.

Key points include:

• Employers must provide systems of work that are, so far as reasonably practicable, safe and without risks to health.
• Employers must maintain safe environments and equipment.
• Staff must co-operate with employers on health and safety matters.
• Staff must take reasonable care for their own health and safety and for others who may be affected by their actions.

In practice, this law means carrying out risk assessments, providing training, having clear policies, and taking prompt action to control risks. For example, chemicals must be stored safely, and staff must use correct lifting methods.

Management of Health and Safety at Work Regulations 1999

These regulations build on the Health and Safety at Work Act. They set out the steps employers must follow to manage health and safety effectively.

Key requirements for employers include:

• Carrying out regular risk assessments.
• Introducing measures to reduce risks.
• Appointing competent people to help meet health and safety duties.
• Training staff and providing clear information.

Workers must:

• Follow instructions and training.
• Use equipment safely.
• Report hazards and risks.

Risk assessment means looking for anything in the workplace that could cause harm (hazards) and deciding how serious the risk is, then reducing it as much as possible.

The Control of Substances Hazardous to Health (COSHH) Regulations 2002

COSHH deals with the use of chemicals and other dangerous substances.

• Employers must control exposure to hazardous substances.
• Staff must follow safe handling procedures and use equipment like gloves or masks.
• All chemicals must be stored, labelled, and disposed of safely.

Examples include cleaning products, medication, and bodily fluids. Staff must know the risks and what steps to take if there is a spill or exposure.

The Manual Handling Operations Regulations 1992

Manual handling means lifting, carrying, pushing, or pulling objects or people.

• Employers must reduce the need for manual handling as much as possible.
• Where manual handling cannot be avoided, employers must provide training and correct equipment, like hoists.
• Staff must follow proper techniques to reduce risk of injury.

Using poor manual handling methods can lead to back injuries or musculoskeletal disorders. Following training and asking for help protects staff and service users.

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

RIDDOR sets rules for reporting accidents and incidents.

Employers must report:

• Work-related deaths.
• Serious injuries (such as fractures or amputations).
• Dangerous events (such as equipment failures).
• Work-related diseases (such as some infections).

This reporting helps to identify and prevent hazards in the workplace.

Examples:

• A care worker slips and fractures their wrist at work.
• A resident is injured using a hoist.

Both incidents must be recorded and reported as required.

The Provision and Use of Work Equipment Regulations 1998 (PUWER)

PUWER covers equipment provided for use at work.

• Equipment must be safe and suitable.
• It must be maintained and inspected regularly.
• Only trained staff must use the equipment.

Work equipment includes hoists, wheelchairs, lifts, and cleaning machines. Staff must never use damaged or faulty equipment and should report problems quickly.

The Food Safety Act 1990 and Food Hygiene Regulations 2013

Food safety matters in health and social care settings, where some people are vulnerable to illness.

• All food must be handled, prepared, and stored safely.
• People responsible for food must have training.
• High standards of cleanliness must be kept.

Risks from unsafe food include food poisoning and allergic reactions. Proper handwashing, checking food temperatures, and storing raw and cooked food separately are all required.

Safeguarding Legislation

Several laws protect children and adults from harm and abuse.

The Children Act 1989 and 2004

• Requires agencies to protect children from harm.
• Promotes the welfare of children.

The Care Act 2014

• Sets duties for local authorities and care providers to protect adults who may be at risk.
• Brings in the concept of safeguarding adults.

Staff must be alert to signs of abuse or neglect and report concerns promptly.

The Equality Act 2010

This law protects everyone from discrimination.

• It is illegal to treat someone unfairly on grounds like age, disability, sexual orientation, race, religion, or gender.
• All individuals must be respected and treated fairly.

Making adjustments (for example, providing written material in large print) helps remove barriers for those with disabilities.

The Mental Capacity Act 2005 and Deprivation of Liberty Safeguards

This law ensures people who lack mental capacity are protected and supported.

• Supports people to make decisions where possible.
• Any decisions made for someone must be in their best interests.
• Prevents unnecessary restrictions and requires authorisation for any deprivation of liberty.

Staff must understand the principles of this Act and always look for the least restrictive way to support people.

Data Protection and Confidentiality: Data Protection Act 2018 and UK GDPR

• Protects personal information about staff and service users.
• Information must only be shared with proper consent or if legally required.
• Records must be accurate, up-to-date, and kept secure.

Breaching these laws can lead to fines and loss of trust. Staff should only access or share information relevant to their role.

Codes of Practice: Definitions and Importance

A code of practice explains how people should behave in a workplace. It guides day-to-day actions to meet the standards required by the law. They are often written by professional or regulatory bodies and help turn legal duties into clear actions. Codes do not replace the law but support it.

In health and social care, several codes are widely used. They improve safety for staff and everyone who uses services.

The Code of Conduct for Healthcare Support Workers and Adult Social Care Workers

Published by Skills for Care and Skills for Health, the Code sets out the standard expected for safe and effective practice.

Main points include:

• Be honest and trustworthy.
• Respect dignity and privacy.
• Communicate well and listen to individuals.
• Uphold equality and inclusion.
• Report unsafe or abusive practice.
• Follow policies and procedures.

The code supports workers in meeting what is required under law, as well as building good relationships with service users.

Care Quality Commission (CQC) Fundamental Standards

The Care Quality Commission (CQC) checks health and social care services in England. It uses Fundamental Standards to assess quality and safety.

Key standards include:

• Safe care and treatment.
• Clean and suitable premises.
• Enough skilled staff.
• Protecting people from abuse.
• Good management and transparent policies.

Staff must work in line with these standards every day.

Organisational Policies and Procedures

Every workplace will have its own policies and procedures for safe working. These sit alongside the law and codes of practice.

Policies may cover areas like:

• Infection prevention and control.
• Safe handling of medication.
• Lone working.
• Whistleblowing.
• Handling complaints.

Procedures give step-by-step guidance for staff to follow.

Following organisational policies makes sure:

• Work is done safely.
• People are protected.
• Staff meet legal obligations.

Ignoring policies can put service users and staff at risk.

Health and Social Care Worker Responsibilities

Whatever your role, you have clear responsibilities under law and code of conduct.

Main responsibilities include:

• Take reasonable care for your own health and safety.
• Work safely and follow training.
• Report hazards, risks, or concerns quickly.
• Use equipment and chemicals according to instruction.
• Follow infection control measures.
• Maintain confidentiality and privacy.
• Promote dignity and respect at all times.

Failing to follow safe working practices can lead to harm, disciplinary action, or legal consequences.

Working with Others for Safe Practice

Safe practice is not the job of one person alone. Care work is often carried out within a team or multi-disciplinary group.

Good practice means:

• Sharing information appropriately.
• Asking for help or guidance when unsure.
• Reporting hazards or risks to supervisors.
• Taking part in training.

By working together, staff support each other and maintain high standards.

Consequences of Not Following Legislation and Codes

Ignoring or breaking rules about safe working puts everyone at risk.

Consequences can include:

• Injury or illness of staff or service users.
• Legal action, fines, or prosecution.
• Loss of registration to practise.
• Damage to the reputation of the organisation.
• Poor rating from regulatory bodies.

These outcomes can have lasting effects on everyone involved.

Keeping Up to Date

Laws and codes can change. Staff should keep up by:

• Attending required training.
• Reading updates from professional bodies.
• Checking organisational policies for any changes.

Asking a manager or health and safety lead if unsure is always a good idea.

Final Thoughts

Knowledge of safe working laws and codes is key for all health and social care workers. By following them, you protect yourself, your colleagues, and those who rely on your care. Legislation creates a base, while codes of practice and policies help with the practical steps to keep everyone safe. If unsure about any rule or duty, always seek advice from a supervisor.

Safe practice is part of everyday work. It pays to keep learning and stay alert to changes and risks. Following the law and codes of practice is not just about avoiding trouble—it builds trust and professionalism in the places where people live or receive care. This benefits everyone involved in health and social care.