1. Health and Safety Executive Health and Safety Executive General update, current issues and future challenges in the health and social care sectors. RCN Conference – 5 th October 2012 Steve Scott Head of Health and Social Care Services Unit

2. BACKGROUND ‘Better Regulation’ strategy:  Remove or simplify regulations that unnecessarily impede growth  Reduce overall volume of regulation by introducing only as ‘last resort’  Improve quality of regulation

3. Flowing from ‘Better Regulation’ Government review ‘Common Sense, Common Safety’. Wide ranging – focusing on low risk environments Feb. 2011 – Ministerial statement: ‘Good Health and Safety, Good for Everyone’  Announced the Lofstedt Review  Proactive inspection in HSC ‘unlikely to be effective and not proposed’. But does not include ‘poor performers’

4. Lofstedt Review Evidence based - principle: regulation should be based on risk Outcome  Legislation broadly right – over- interpretation doesn’t protect people and can interfere with lives and ‘going for growth’

5. Lofstedt – actions arising Simplified RA for low risk establishments New online guidance based on common sense and proportionality RIDDOR changes 3/7; 10/15 Comprehensive guidance review Review of Regulations: simplify and aid understanding Consider exempting self employed – where their activities pose no harm

6. Challenge Panels Independent Regulatory Challenge Panel Myth busters Challenge Panel: http://www.hse.gov.uk/contact/myth- busting.htm

7. Case 17 - HSE wanted to ban the use of bed rails Panel decision HSE has not banned bed rails. The use of bedrails can play an important part in preventing falls where an assessment has identified that they are appropriate for the individual, safely fitted and used with the right bed and mattress. However, bedrails are not suitable for everyone and inappropriate use or poorly fitting bedrails can lead to serious injury. Where there is a significant risk of falling but bedrails are assessed to be inappropriate, safe alternatives should be used.

8. Red Tape Challenge Launched by Cabinet Office 4/11 Aimed at reducing 21k regulations Invite contributions via website Has a series of ‘spotlights’ focusing on topics. Health and Safety also one of six ‘open themes’

9. What does it all mean for Social Care? Reviews: helpful in focussing on what’s important So far recommendations are sensible and remain consistent with our core mission: preventing deaths, injury and ill health Consistent with our 2009 strategy: ‘Be part of the solution’ Fee for intervention

10. Why are Health and Social Care important? These sectors employ more than 12% of the GB workforce. The 2010 NHS staff census showed there were 1,431,557 staff in the NHS Workforce in England. In addition, there are around 132,000 staff employed in the NHS in Scotland and 70,000 in Wales. The health care sector is dominated by the NHS with around 236 hospital, ambulance and mental health NHS Trusts and 151 Primary Care Trusts in England, 14 health boards in Scotland and 7 local health boards and 3 NHS Trusts in Wales. In 2010/11, these sectors accounted for 4.7 million lost working days, caused by work related ill health or injury. This equates to 1.6 days per worker – higher than any other sector. Almost 90% are due to ill health.

11. What have we done? Ongoing review and updating of our micro-site. Doubled visits (24k/m)(infoline) Review and updating of HSE Guidance e.g. HSG225 – Handling Home Care Work with others to produce guidance e.g. POSHH ‘Occupational Health and Safety Standards’

12. What have we done: cont. Preparation of Board Paper ‘Improving Health and Safety in the Health and Social Care Sectors’ http://www.hse.gov.uk/aboutus/meetings/hs eboard/2012/290212/mfebb1202.pdf

13. Key points from Board Paper Uncertainties:  Mid Staffs  Legislative changes Factors:  Spending review  GHSGFE  Change in social care delivery  Devolution

14. Board Paper – key issue Poor standards due to:  Lack of knowledge of standards / competence  Poor management / leadership

15. Intervention plans Information: including co- work e.g. SfC Tackling leadership Lead Inspector schemes / Primary LA Targeted interventions based on intelligence (inspection research: science) Continued enforcement (examples MC) Work with co-regulators Commissioning

16. Work with Stakeholders / workers’ representatives Standard setting? Events:  Awareness of standards  Leadership Guidance

17. Board response http://www.hse.gov.uk/aboutus/meetings/ hseboard/2012/290212/mfebb1202.pdf http://www.hse.gov.uk/aboutus/meetings/ hseboard/2012/290212/mfebb1202.pdf Proposed forum Board Paper on Social Care post Mid Staffs. Support from nominated Board Members

18. Other key work: uncertainties and challenges Mid Staffs Inquiry – potential ‘game changer’ Clarification of our S3 policy – ‘who regulates’ Safety management vs. clinical risk management CQC / HSE Liaison Agreement – extension to Social Care Devolved Agreements Sensible risk approach / guidance: 24/7.

19. How can RCN members help? Role dependent Organisations with effective safety representatives perform better. Awareness of standards Effective action: up to and including whistle-blowing…. Response to consultations e.g. Needle-sticks and RIDDOR How else can members help?

20. Your views: Our approach… Your contribution…. The Forum….

21. HSE guidance www.hse.gov.uk/healthservices Any questions?