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Health & Safety in the workplace
3 Answers
Hi,
My son is a support worker in a care home for adults suffering from Autism and Aspergers syndrome. The complex comprises a number of houses each with 4-5 clients. Some months ago he was moved into a house which had probably the most difficult and violent of the clients, and since then he has been subjected to regular periods of violence from them. The attacks can result in scrathing and bruising, to black eyes and facial injuries Some of these adutls are big guys, and one, who is around 23 stone regularly throws a punch at him. Since being part of the house, he has taken a lot of sickness with stress. His employer recently tried to put him through their diciplinary process, and this was only halted when he produced a GP's letter. However, his employer will not move him to another house, and now the stress related sickness has started again. My question is does his employer have a responsibility for his care in the workplace, or are they within their rights to say "it's part of the job" as they have said to him and other staff members. Where can we go to to get his employer to listen to what is happening, and is there any regulatory body that overseas these homes?Any info or advise would be very gratefully received. Thanks
My son is a support worker in a care home for adults suffering from Autism and Aspergers syndrome. The complex comprises a number of houses each with 4-5 clients. Some months ago he was moved into a house which had probably the most difficult and violent of the clients, and since then he has been subjected to regular periods of violence from them. The attacks can result in scrathing and bruising, to black eyes and facial injuries Some of these adutls are big guys, and one, who is around 23 stone regularly throws a punch at him. Since being part of the house, he has taken a lot of sickness with stress. His employer recently tried to put him through their diciplinary process, and this was only halted when he produced a GP's letter. However, his employer will not move him to another house, and now the stress related sickness has started again. My question is does his employer have a responsibility for his care in the workplace, or are they within their rights to say "it's part of the job" as they have said to him and other staff members. Where can we go to to get his employer to listen to what is happening, and is there any regulatory body that overseas these homes?Any info or advise would be very gratefully received. Thanks
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The Health and Safety at Work Act covers all workers in the UK regardless of the nature of their work or their workplace. The bottom line is that all employers have a duty of care to do everything practicable to keep their employees safe. It may be neccessary for your son to visit this house as part of his job but it is also the law that his employer must to keep him safe.
Measures could include sending him on a self defence course, sending more than one person to this house, requesting police back-up, providing protective clothing (maybe a stab proof vest if there's any possibility the violence could escalate). I don't know who regulates this line of work but the Health and Safety Executive would have a view on it. Incidentally if your son is harmed in his job then he could almost certainly sue his employer for damages. My advice would be make all complaints in writing, an email is perfect as there is a traceable record it was sent.
Hope this helps.
Measures could include sending him on a self defence course, sending more than one person to this house, requesting police back-up, providing protective clothing (maybe a stab proof vest if there's any possibility the violence could escalate). I don't know who regulates this line of work but the Health and Safety Executive would have a view on it. Incidentally if your son is harmed in his job then he could almost certainly sue his employer for damages. My advice would be make all complaints in writing, an email is perfect as there is a traceable record it was sent.
Hope this helps.
The employer certainly has a duty of care to employees. There should be specific instructions in the residents' care plans re dealing with aggression and assaults. Not enough to say "it's part of the job" - ok, yes it is, but there have to be safeguards. I hope your son is not dealing with matters on his own - it sounds like there should be a high staff/residents ratio. Whether the organisation is a local authority one, or private, or charity, it has to be inspected by the Care Quality Commission (this replaced the other inspection bodies). If you google their website, it'll give you info. This situation shouldn't continue. Has your son been given training? Do senior staff re-assess things?
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