Scotland

Under the 1974 Act employers are required to ensure the health, safety and welfare of employees in the workplace ‘so far as is reasonably practicable’. Certain matters are specifically mentioned, such as the use, handling and storage of articles and materials, safely maintaining the workplace and systems of work, and the adequate provision of facilities.

Breach of this provision is an offence.

The 1974 Act also places general requirements on employees to take reasonable care for the health and safety of  her- or himself in the workplace and to take this level of care to others who may be affected by their acts (or omissions) at work. Employees are also required to cooperate with employers to meet the employer’s health and safety duties.

Breach of this provision is an offence.

New legislation in Scotland states that the main purpose of staffing for health care and care services are to provide safe and high-quality services and ensure the best care outcomes for service users. The Act also states that, insofar as is consistent with this, staffing must ensure the wellbeing of staff (our emphasis). Similarly, when deciding on staffing levels, service providers will be required to consider the wellbeing of staff, insofar as this affects the health, wellbeing and safety of service users or the provision of safe and high-quality care. This legislation is not yet in force.

(Not yet in force)

Under the Regulations that are currently in force, the overall requirement on a service provider is to provide the service ‘in a manner which promotes quality and safety and respects the independence of service users, and affords them choice in the way in which the service is provided to them’ . The primary focus is therefore the wellbeing of those using the service. However, various elements of these Regulations also have implications for the health and safety of staff.

Breach of this regulation is not an offence, but the Care Inspectorate can take [enforcement action].

A service provider must ensure that premises are fit for the provision of a care service. Among other things, they must be ‘of sound construction’ and in a good state of repair and have ‘adequate and suitable ventilation, heating and lighting’. A provider must also provide equipment for the ‘general use’ of people using the service and ‘sufficient numbers of lavatories… baths and showers fitted with a hot and cold water supply’, as well as procedures for the prevention and control of infection. These requirements are amplified by [guidance issued by the Scottish Government], which expects a care environment to be ‘relaxed, welcoming, peaceful and free from avoidable and intrusive noise and smells’, to have ‘plenty of natural light and fresh air’ and to be clean and tidy with well-maintained furnishings and equipment. These aspects are primarily intended for the wellbeing of individuals using the service, but also have implications for the health, safety and wellbeing of staff.

Breach of these Regulations is not an offence, but the Care Inspectorate can take [enforcement action].

Scottish Government, ‘Health and Social Care Standards: My Support, My Life’ (2017).

[The guidance issued by the Scottish Government] also contains a number of Standards that service providers are expected to meet. As with the regulations, the primary purpose of these is to ensure the wellbeing of individuals using the service, but a number also have implications for people working in these services. Certain of the Standards relate to the relationship between workers and those using the service. These expect a ‘warm atmosphere’ as a result of good working relationships, relationships of trust in which both individuals and workers are comfortable, ‘consistent and stable’ care ‘because people work together well’, ‘warmth and compassion’ and ‘care and support where all people are respected and valued’. In addition, the standards expect that workers will ‘have time to support and care for [individuals] and speak with’ them.

These Standards are taken into account by the Care Inspectorate when undertaking inspections and registration.

Under the Equality Act 2010, workers are protected from direct and indirect discrimination, harassment and victimisation in their workplaces on the grounds of ‘protected characteristics’.  The characteristics including sex (gender), race, religion, disability, age and sexual orientation. ‘Harassment’ protection relates to behaviour that violates a person’s dignity, or creates a degrading, humiliating, hostile, intimidating or offensive environment on grounds of a protected characteristic and include harassment from employers or managers, fellow workers and individuals using services.

The [Code of Practice for Employers of Social Service Workers], published by the Scottish Social Services Council (‘the Employer Code’), also places requirements on employers and care workers that relate to care worker health, safety and wellbeing. The Employer Code expects employers to:

·       Give workers clear information about their roles and responsibilities, relevant legislation and the policies and procedures they must follow in their work (1.4).

·       Have systems in place for social service workers to report inadequate resources or difficulties which might have a negative effect on the delivery of care and work with social service workers and others to address these problems (2.4).

·       Have systems in place to support workers to whistleblow when they feel that working practices are unsafe (2.5).

·       Respond appropriately to social service workers who need support because they do not feel able to, or well enough prepared to, carry out their work (3.4).

·       Support social service workers who experience trauma or violence in their work (4.5).

·       Put into action written policies and procedures that promote the wellbeing and equality of workers and respect diversity (4.6).

In relation to fitness to practise and worker wellbeing, the Employer Code expects employers to provide support to workers whose fitness to practise may be impaired and give clear guidance about any limits on their work while they are receiving support or treatment. While doing this, the employer’s priority is the care and safety of individuals using services (4.7).

The Care Inspectorate gives advice to service providers on following the Employer Code and can take [enforcement action] if the Employer Code is not followed.

The [Code of Practice for Employers of Social Service Workers] sets out expectations through which employers should take steps which protect staff from abusive or discriminatory behaviour by other staff, management and by service-users:

·       Make it clear to workers that bullying, harassment or any form of discrimination is not acceptable and take action to deal with such behaviour (4.1)

·       Have procedures for workers to report exploitation, dangerous, discriminatory, or abusive behaviour and practice and deal promptly, effectively and openly with reports (4.2 and 4.3)

·       Make it clear to workers, individuals and carers that violence, threats or abuse are not acceptable, and have policies and procedures for reducing the risk of violence and managing violent incidents (4.4)

The Care Inspectorate gives advice to service providers on following the Employer Code and can take [enforcement action] if the Employer Code is not followed.

[Social services workers in Scotland are required to register with the Scottish Social Services Council (SSSC)]. Once registered, they are required to follow the SSSC Code of Practice for Social Service Workers (‘the Code’). The Code requires registered workers to:

·       work in a way that promotes diversity and respects different cultures and values (1.5);

·       use relevant processes and procedures to report dangerous, abusive, discriminatory or exploitative behaviour and practice (3.2);

·       follow practices and procedures which keep workers and others safe from violent and abusive behaviour (3.3);

·       tell employers or an appropriate authority about resource or operational difficulties that might get in the way of providing care (3.4);

·       tell employers or an appropriate authority if a colleagues fitness to practice may be impaired (3.5);

·       co-operate with investigations by employers, the SSSC, or other appropriate bodies (3.7);

·       keep to the employer’s health and safety policies (3.8);

·       follow risk assessment policies and procedures to assess whether the behaviour of individuals presents a risk of harm to themselves or other people (4.2) and ensure that relevant colleagues and agencies are informed about the outcomes and implications of risk assessments (4.4);

·       take necessary steps to reduce the risks of individuals harming themselves or other people (4.3);

·       work in a lawful, safe and effective way (6.1);

·       inform their employer or the appropriate authority about any personal difficulties that might affect their ability to work competently and safely (6.3);

·       seek assistance from their employer or the appropriate authority if they do not feel able or adequately prepared to carry out any aspect of their work or are not sure about how to proceed in a work matter (6.4);

·       work openly and co-operatively with colleagues and treat them with respect (6.5);

·       undertake relevant learning to maintain and improve knowledge and skills (6.9).

In addition, social services workers must not:

·       abuse, neglect or harm individuals, carers or colleagues (5.1);

·       exploit individuals, carers or colleagues in any way (5.2);

·       discriminate against individuals, carers, or colleagues (5.5);

·       condone any discrimination by individuals, carers, or colleagues (5.6);

·       put themselves or other people at unnecessary risk (5.7).

While many of these requirements are designed primarily to ensure the health, safety and wellbeing of those using services, others place explicit requirements on registered social service workers that relate to colleagues, and still more carry implicit implications for worker wellbeing.

Breach of the Code by a registered social service worker may call their [fitness to practise] into question. If so, they may be investigated and sanctioned by [the SSSC] under its [fitness to practise proceedings].