- 5.1 Be able to support others to work safely about health and safety
- Unit 8 -L.O 3.2(e): Describe the importance of food safety, including hygiene, in the preparation and handling of food
- 3.2(d): Explain the importance of maintaining clear evacuation routes at all times
- 3.2(c): Use agreed on ways of working for checking the identity of anyone requesting access to the premises or information
- 3.2(b): Explain principles and demonstrate how to move and handle equipment and other objects safely
- 3.2(a): Demonstrate the recommended method for hand washing and describe what products should be used
- 2.4 Explain how to record and report health and safety incidents
- 2.3 Explain procedures to be followed if an accident or sudden illness should occur
- 2.2(h): Explain safe practices for storing hazardous substances, using hazardous substances, disposing of hazardous substances and materials
- 2.2(g): Explain own roles and responsibilities as an employee and those of the employer in the prevention and control of infection
- 4.2 Explain how to support others during the safeguarding process
- 4.1 Explain how to support others to raise concerns
- 3.2 Explain own role in partnership working
- 3.1 Explain agreed protocols for working in partnership with other organizations
- 2.4 Explain how to raise concerns, including whistleblowing, when suspected abuse has been reported but the procedure does not appear to have been followed correctly
- 2.3 Explain actions to take if an individual alleges that they are being abused
- 2.2 Explain actions to take if there are suspicions that an individual is being abused
- 2.1 Describe signs and symptoms associated with the different types of abuse
- 1.3 Explain own responsibilities relating to the current legislative framework with regard to safeguarding
- 1.2 Explain how current national guidelines and local policies and procedures for safeguarding affect your day to day work.
2.1 Explain what it means to have a ‘duty of care’
Course: NVQ Level 4 Diploma In Health And Social Care (RQF)
Unit 9: Professional practice in health and social care for adults or children and young people
LO2: Understand how duty of care contributes to safe practice
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2.1 Explain what it means to have a ‘duty of care’
A ‘duty of care’ is an obligation to act in a particular way towards another individual. The concept of duty of care owes its origins to the common law system which operates within certain countries, including England and Wales, Australia, India and Canada. It has evolved over time through judicial decisions which have created new forms of liability for individuals within certain relationships. The cases have been generally concerned with establishing new or additional duties of care upon those who are involved in specific industries, including medicine and social services.
The ‘duty of care’ is often misunderstood as a form of strict liability. In reality, negligence must be proven before the duty can be established. This means that the claimant is required to prove that there was a breach of the standard of care which a reasonable person would have exercised, and as such caused damage. If this can be proven, then the judge or jury will decide whether it is fair and just to impose liability upon the defendant with respect to certain individuals who may claim damages.
What is a duty of care and what are the responsibilities that come with it
A duty of care is a legal obligation, which it is expected that professionals will have towards clients. In the context of mental health services this is often expressed with reference to what is owed to service users. It means that when you provide a service, whatever level of expertise you have been trained to and whatever professional judgement or opinion you have, you should use it to do what you can to ensure that service users’ needs and rights are met.
The concept of a duty of care has evolved over time and is founded on ideas of best practice for professionals, which in turn draw on ethical principles such as social inclusion, respect for diversity, non-discrimination and the dignity of individuals. In many cases, these principles are underpinned by laws and regulations which place a duty on professionals to adhere to.
As well as having a duty to act in the best interests of service users, professionals also have responsibilities towards others. Many of these are covered through work on safeguarding practice and include protecting children, young people and adults who may be vulnerable. Professionals should generally avoid situations where their personal interests conflict with those of the service user, but there are exceptions to this.
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What happens if someone fails to meet their duty of care obligations
If someone fails to meet their duty of care obligations, it can result in serious legal and financial consequences. For example, if a property owner does not maintain their property in a safe condition, and someone is injured as a result, the property owner could be held liable for the injuries. Similarly, an employer who does not provide a safe working environment could be liable for any injuries that occur as a result.
Failing to meet one’s duty of care obligations can also lead to civil penalties and even criminal charges in some cases. So it’s important to understand your responsibilities and take steps to ensure that you are meeting them.
The importance of having a clear understanding of your duty of care responsibilities
You should always be aware of your duty to care for everyone.A clear understanding will help you avoid any problems or misunderstandings that could lead up in court, where an employee’s responsibilities can get muddled because they weren’t written down first hand like this article suggests doing at least once per year – more often if there were complications during employment etc.
An employment contract is a legal document drawn up before the commencement of employment specifying the rights, duties and responsibilities of both parties. A valid contract provides a framework within which you can operate your business in a way that reduces risks to you and your employees.
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