Posted By peter gotch Sue No specific legislation, but there is clear guidance from NHS Estates, and I know of at least one prosecution of a hospital after a scalding fatality. Your risk assesssment is going to have to be pretty convincing. 10 years' good luck may not do the trick! Peter

Posted By Robert K Lewis There is really no way round this in my view. A risk assessment of this matter would have to look at the Care sector injury figures as a whole not just your local figures. The solution is so simple and reliable that I cannot see any justification fr avoiding it. Put yourself in the place of a relative who has had an elderly relative leave large areas of skin and blood in your bath. It happened to a relative of my wife recently! She survived a fortnight in agony before she died. The courts are not likely to see your RAs in a favourable light. Bob

Posted By J Knight Hi Folks, Just to endorse the general tenor of the comments so far. My previous employer was had up for this. They have very high standards, and take H&S very seriously, but one particular service manager refused to heed her H&S Adviser and didn't carry out the necessary checks and servicing of her valves. A service user was slightly injured by a faulty shower valve, just a few blisters which healed quickly, she was taken to hospital for dressing but was discharged straight away. Nonetheless the LA concerned took this all the way, and they got a conditional discharge at Magistrates, conditional on a number of things, one of which was a programme of upgrades to TMVs which cost around £1,000,000 in total (the organisation involved has a lot of services). Note that this service had valves in place; this wasn't sufficient as a defence. The valves were only TMV2s, and there wasn't a robust system of work in place to back them up. So, your risk assessment will identify the need for TMV3s (anti-tamper and fail-safe), plus a programme of scheduled checks, plus servicing at required intervals by a competent person, plus point of use temperature checks. The absence of any of these factors could involve a very unpleasant event and an expensive day in court. Care Homes which have less vulnerable people, such as younger disabled adults with no significant cognitive impairment, could risk assess their valves away; Care Standards do allow for this. But if anybody in the service is at risk then valves must be in place. John

Posted By irene bezant Good morning and a Happy New Year to all, You would be well advised to look at a copy of the HSG220, Health and Safety in Care Homes. These "Guidance" publications from the HSE are produced to give clear guidance for specific subjects that CAN also be used as an example of appropriate and recognised industry best practice in legal proceedings. Page 29 of the guide sets out the detail you need and also refers to the NHS specific guidance regarding theis issue. If anyone is classed as a vulnerable service user - elderly, very young, confused, learning difficulties, then it would be sensible to use the information set out in industry guidance to base you risk assessment process on. Hope this helps Irene

Posted By John Webster I have just re-read the original posting. Most of our responses refer to bathing and showering, whilst Sue asked about sinks and washbasins. Washbasins potentially used by patients/residents with cognative/sensory impairment should be fitted with TMVs. Sinks suggests washing up and cleaning etc where much hotter water is usually needed. Risk assessment is required. Suitable control measures may be setting maximum supply hot water temp to no more than is necessary to do the job and control legionella in the circuit, and restricting access to those areas - presumably kitchens, sluices and domestic service rooms. With a washbasin/sink at a temperature of say 55-60 deg C, a non cognative/sensorily impaired person will be protected by normal reflex response from anything other than the utterance of a few expletives. Supplying hotter water without good reason is also an extremely expensive waste of energy.

Posted By Mark Eden Take a look at recent HSE prosecutions page, a care home manager/owner was fined £20K after a client was scalded. Remember the phrases "best pratice" & "reasonably practical" I'm also sure you don't want to up set the EHO as you might find they take a special intrest in your esablishment.

Posted By Jason Touraine John Knight refers to a 1999 internal HSE enforcement protocol. This Sector Information Minute was replaced by a new version in 2001. The relevant passage in relation to enforcement re hot water in basins is as follows: 34 The Sector is of the opinion that inspectors need not take enforcement action requiring different water temperatures, for different applications. Enforcement action should only be considered where there is a risk to vulnerable people of whole body immersion in water exceeding 44 deg C. 35 Unless there are exceptional circumstances, the Sector would not normally support enforcement action regarding hot water supplied to washbasins.