Rank: Forum user 
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Today (1st April 2015) is the day that enforcement of health and safety in organisations regulated by the Care Quality Commission ('CQC') see enforcement of health and safety laws that have harmed (or could harm) patients/service users move from the HSE to the CQC under the provisions of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (as amended) ('RAR').
The HSE/local authority Environmental Health Department will continue to enforce health and safety (under the HSWA) in respect of buildings, risks to employees, contractors and public. They will also prosecute individuals (as no provisions for doing so exist in the RAR).
Unlike HSWA, offences under the RAR are summary offences only and the maximum penalty is £50,000, although the CQC has a range of 'civil sanctions' not available to the HSE/LA.
DJ
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Rank: Super forum user 
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Thanks DJ
Not a subject that effects me but its good to be able to understand whats happening.
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Rank: Super forum user 
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djupnorth wrote: enforcement of health and safety laws that have harmed (or could harm) patients/service users
Pardon? Laws that harm people?
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Rank: Super forum user
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DJ
It will be interesting to see how this will pan out, and only the passage of time will tell. I am led to believe that the CQC have not had any training in enforcement in this area, which is the bit that concerns me.
It will be interesting if the Care Inspectorate will follow suit.
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Rank: Super forum user 
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Hmm interesting... the CQC have come under a lot of criticism in recent times for doing what they should know, now they are responsible for health and safety? Worrying.
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Rank: Forum user
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Hi djupnorth can you please supply a link to this information I have goggled it but cant find it anywhere?
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Rank: Forum user
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Score,
That is probably because there is not a lot out there. Can I advise that you look at the HSE's Liaison Agreement with the CQC, which came into force yesterday (1st April 2015) and the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (as amended) and the CQC's guidance on those regulations.
You may also want to look at the CQC's Enforcement Policy.
Regards.
DJ
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Rank: Forum user
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Rank: Super forum user
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RayRapp wrote:Hmm interesting... the CQC have come under a lot of criticism in recent times for doing what they should know, now they are responsible for health and safety? Worrying.
Ditto Ray,
Point to note - they will be responsible for the H&S of the service users (there has always been confusion and lack of clarity in this area in the past) the HSE will still be responsible for regulating the H&S for the care providers.
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Rank: Super forum user
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They have always looked at the safety aspects of care during an inspection...not defending them but they have done as well as any snapshot inspection can...it depends on the experience of the inspector. You can say the same of all HSE FOD or our own audits. In most cases they will only have a background in patient safety and care which is fine.
There are very few of us who have both patient care and H&S background, as far as a care supplier is concerned it is the quality/experience of the adviser they have...found a construction H&S guy who was giving advice to a care home on patient and drug safety with no previous experience he only got it on cost...
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Rank: Super forum user
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it took this country over 1000 years and many wars especially WW1 and WW2 to get to the good H&S and other standards we had ~2008 -- the time that appalling banking practices were made public via the internet -- and only a few years since 2008 to go back to where we were a 1000 years ago! And this is yet another example where it appears that amateurs will be leading the cause
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Rank: Forum user
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Toe, In a seminar last week the HSE gave some clarification on this issue. The CQC will be responsible where 'harm' to service users occurs, or the risk is that such harm could occur to service users.
The HSE also clarified the position on RIDDOR reports. All reports under RIDDOR involving service users will be forwarded to the CQC, which will then send back to the HSE those reports that it does not consider are within its remit.
I hope this clarifies matters.
DJ
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Rank: Forum user
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Ray, I totally agree.
My understanding is that CQC Inspectors have had no training in incident investigation and/or prosecution and that in the coming year only about 12 inspectors will receive a total of 3 days training each.
It is also worth noting that the CQC (rather than the HSE) now supports the police in investigating service user deaths under the provisions of the workplace deaths protocol.
That really is scary.
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I don't wish to detract in any way from the competence of my fellow health and safety practitioners, especially those working in the NHS but in general terms the new regime is likely to result in health and safety practitioners being responsible for patient safety issues without having the appropriate clinical training/experience, or clinicians having patient/service user health and safety responsibilities with little or no health and safety training.
I accept that is a sweeping statement and not accurate in all cases, but I am already dealing with a number of cases where that is the case.
I think we need to have a fundamental re-assessment of health and safety in the health and community care sector to ensure there is not a gap between service user and other health and safety.
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Rank: Super forum user
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dj...to a degree I agree..however I think it is the other way round...clinicians and HCP will have the added duty of looking at H&S (they do already to some degree)..The care sector has very low margins and think in most cases that having a CQC accreditation or audit it covers them for safety advice. It is up to certain safety 'professionals' to stop taking jobs that they have neither the qualifications or experience to carry out. Bob comment about inexperience works both ways...
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SteveDM, I could not agree more. I am astonished at the qualifications (or lack of them) that some Health and Safety Advisers in the Community Care sector hold.
That said, I came across a health and safety consultant whose sole health and safety qualification is an IOSH Working Safely certificate. Although the individual in question did proudly announce that he/she also has a first-aid certificate. What really astounded me was that he/she said that business is booming.
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Rank: Super forum user
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The problem with the lack of qualifications in the care sector and other government institutions is twofold, they are not prepared to pay the going rate and do not readily pay for peoples' training. Hence you get what you pay for - generalising of course.
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Rank: Forum user
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Ray,
I could not agree more.
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