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HLTHIR405B
SHOW LEADERSHIP IN HEALTH
TECHNICAL WORK
Subsidiary legislation
Subsidiary parts of the legislation are:
Regulations
Codes of practice
Standards.
Regulations
Regulations are specific rules stating things that must be done to comply with the Act.
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Codes of practice
Codes of practice are practical documents, which set out safe workplace practices. For
example, there is a code of practice for manual handling.
Codes of practice may be used by the courts in determining whether duty of care has been
exercised. Sometime codes of practice are mentioned in the Act.
Standards
Standards specify minimum requirements. Often they are mentioned in the regulations.
One of your key roles in occupational health and safety as a supervisor is to identify
hazards in your workplace.
What is a hazard?
A hazard is anything with the potential to cause harm to life, health or property. For
example, cluttered and unmarked hallways are a hazard in a workplace. They increase the
risk of injury.
What is risk?
Risk is the probability that the hazard will actually result in injury or disease.
For example, the probability of a sprained or broken limb is increased if walkways are
cluttered and unmarked.
A major role for supervisors in occupational health and safety is identifying hazards in the
workplace and eliminating or minimising the risks they pose.
Some hazards may be obvious and immediate in their effect.
They may be simple to deal with, for example water on the floor.
But many hazards are hidden, for example dust, and therefore may take time to have an
effect.
So we need to identify the different types of hazards in the workplace. We do this by:
Regular inspections
Accident and sickness records
Accident investigation.
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INSPECTIONS
Inspection control hazards by:
TYPES OF INSPECTIONS
General
Using checklists enables you to look at the workplace on a regular basis.
A checklist helps to identify hazards.
Specific
These concentrate on a specific hazard, e.g. dangerous chemicals.
Accident inspections
These are done after a near miss or an accident and are used to identify the hazard.
Bad housekeeping?
Poor maintenance (carpet lifting, steps, sharp corners)?
Faulty management (supervisor is on leave and no one renewed the maintenance
contract)?
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Special note
Secure the site. Government inspectors will
need to inspect, and ensure other workers
are not at risk of injury.
Use a checklist to ensure full history is
obtained
Observe for failures in system, ie, what
were some of the factors that could have
contributed to the accident?
Include:
Layout
Work operations
Materials involved
How the accident happened
Did failures occur due to:
Poor training methods?
Poor design of safety equipment?
Poor machinery design?
Lack of warning signs?
Insufficient maintenance?
Workflow problems?
Unsafe operation of equipment?
What questions should the supervisor and the health and safety representative ask?
These questions may help you.
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1.
Who:
Was injured?
Saw the accident?
Was working with the injured person?
Else was involved (and how)?
Who was the persons supervisor?
2.
What
Was the injury/damage/potential injury?
Was the worker doing at the time of injury?
Machinery/tools were involved in the incident?
Was the workers task and were they following correct procedure?
Communication took place between worker, supervisor and/or co-workers
prior to the accident?
Action had been taken to prevent the incident?
Previous near misses or similar incidents have occurred?
Personal/protective equipment was in use? (Was it adequate)?
3.
When
Did the accident occur/damage become evident?
Did the person commence the job?
Did the person last receive an explanation of the hazards?
4.
Where
Did the injury/incident occur?
Was the supervisor at the time?
Were the witnesses at the time?
5.
How
Did the injury occur?
Could the incident/injury have been prevented?
Could changes in the way the job was done, machinery, plant or equipment
have prevented the accident
6.
Why
Did the incident/injury occur?
Did communication fail?
Was training not given?
Were unsafe conditions permitted?
Was the hazard not identified?
Was personal/protective equipment not provided or used?
Was the way the job was done unsafe?
Was the injured person in that location at that time?
Were specific safety instructions not given?
You may have noted that causes of hazards can be a combination of factors.
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For example, oil spilt on the floor, can be a combination of poor training and/or poor
maintenance, and/or poor housekeeping.
Now a method of control needs to be put into place. To begin with, you need to convince
management that there is a problem.
One way of convincing management is to prepare a report that presents the facts in a
clear and logical fashion and offers solutions to control the hazard.
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ELIMINATION
at the source
SUBSTITUTION
of materials/process
ENCLOSURE
of materials/process
ISOLATION
of materials/process
ENGINEERING METHODS
for example: guards, ventilation
WORK PRACTICES
for example: maintenance, housekeeping
ADMINISTRATIVE CONTROLS
for example: work schedules, job rotation, monitoring
TRAINING/EDUCATION
for example: specific hazards, emergency response
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Housekeeping
Use of forklifts
Use of machinery
Use of personal protective equipment
Maintenance procedures
Accident reporting
First aid attention
Fire protection
Use of tools and equipment
Smoking and drinking
Authorised entry and usage (certificates, licences).
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Making sure all your workers' health and safety is being maintained
Training for new workers in your area
Training for all workers when new equipment or work practices are introduced.
This means that for promotion of occupational health and safety, you are involved in:
The behaviour of every member of society is governed by the law. As a health care
worker, you may become involved with the law in different ways. You may be the subject
of complaint and face a lawsuit, or you may be asked to act as a witness in a court case.
Patients need health carers so that they feel secure in the health care setting. In return,
carers need to understand their duty of care towards the patients.
A breach in your duty of care to a patient can result in a charge of negligence. It is every
Phlebotomists nightmare to face a charge of negligence, and can impact heavily on our
lives.
Informed consent and management of patient information are particular areas of concern.
Anything that you do or fail to do that causes damage to a patient, for whom you have a
duty of care, can result in a negligence claim.
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Functions of Law
Laws serve three basic functions.
1. They regulate activities of members of society
2. They maintain law and order by prescribing punishment (sanctions) that may be
applied if laws are breached.
3. They provide enforceable solutions to problems.
Sources of Law
In Australia there are two sources of law.
1. Acts and Regulations produced by government-legislation passed by the parliaments at
both state & federal levels. Law legislated by Acts of Parliament is called Statute Law.
2. Law handed down by the court system. It is based on decisions & interpretations of
previous court cases. This is known as Common Law.
Statute law
Statute law is made by politicians in State Parliaments and Federal Parliament. A Bill is
presented to parliament for debate after a need for it is established. It becomes an Act of
Parliament when it has passed all stages of debate, and receives assent of the Governor
in Council (State parliament) or Governors General (Federal parliament).
There are a number of Acts relevant to the health care system. You will also notice that
there are Regulations that apply to some Acts. Regulations are what guide us so that we
dont breach a particular Act.
Here are some Acts that have consequences for health care workers
The Nurses Act 1993 (Vic)
Drugs Poisons and Controlled Substances Act 1981 (Vic)
Equal Employment Opportunity Act 2010 (Vic)
Medical Treatment Act 1998 (Vic)
Occupational Health and Safety Act 1991 (Vic) revised 2011
Aged Care Act 1997 (Cth)
Health Records Act 2001 (Vic)
HLTHIR405B Show leadership in health technical work
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Common Law
Common law was based originally on the common, unwritten customs of the country. It is
law made by judges as a result of decisions in cases that come before the courts. Australia
inherited British common law at white settlement. Prior to and following Federation, the
Australian legal system has continued to develop a large body of judge made law.
Australia is often referred to as a common law country.
Different types of law in everyday life govern members of society. Industrial law, contract
law, family law, criminal law, torts law and constitutional law affect us all.
The law distinguishes between civil and criminal law.
Civil Law
Common Law
Purpose:
Regulates the actions of individuals in their
dealings with each other and enforces the
rights of the parties involved.
Purpose:
Enforces (by the state) laws designed to
protect society. Determines the guilt and
punishment of the wrongdoer.
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Morals
Morals is derived from the Latin Morales customs, conventions or social norms
Definition:
Concerned with goodness or badness of character or disposition, or with the distinction
between right and wrong (Oxford dictionary)
Ethics
Ethics deals with values relating to human conduct about the rightness and wrongness of
actions, and the goodness and badness of motives and results of actions. (Random House
Dictionary).
Ethics principles such as autonomy, beneficence, privacy, confidentiality, justice and rights
give us the basis for ethical decision making.
Definition:
Relating to morals, treating of moral questions (Oxford Dictionary)
Ethics is derived from the Greek ethikos ethos, habit, and pattern of behaviour or
prevailing attitude
Principles of ethics
Principles of ethics go back to ancient Greek times. Ethics in health care is often referred
to as Bioethics.
Bioethics (bio-life) examines ethical and legal dimensions of issues which include abortion,
euthanasia, organ transplantation, cloning, stem cell research and biotechnology.
Ethics is a branch of Philosophy, a study of morality and human conduct that attempts to
extract from our moral codes and traditions our most basic beliefs, the concepts on which
morality rests. What "should" be done it is primarily an academic discipline. Ethics forms
of reasoning rather than conduct, reflects on, compares and analyses rules and traces
logical connections between fundamental principles and moral commitments.
Ethics is concerned with human well being and the maintenance of a peaceful society. It
is basically a systematic approach using reasoning as moral justification and embodies
principles which are "universalisable(relevant to all). It is of overriding importance, of
greater significance than the law, politics or self interest
Ethics is not:
professional code of ethics. In ancient times, doctors sense of justice was guided by
oaths, the best known of these is the Hippocratic Oath (460B8. C.).They defined
medical practice and responsible/irresponsible medical conduct.
Professional codes are best seen as a public statement of behavioural standards
Professional etiquette - decorum, reputation, custom, convention and courtesy
Religion
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Ethics has a strong association with religion. It has been a major source of moral
guidance; the best known in the Christian religion is the Ten Commandments. All religions
share certain principles:
to avoid harm to others
to look after the needy
to avoid acts like murder, theft and sexual harm
Consent
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Assess own skills and knowledge against identified work requirements to determine
personal training needs.
Respond to feedback on competence as a basis for identifying personal training needs
in accordance with established procedures.
Participate in professional development programs and associated development
opportunities to enhance competence in line with organisation policies and procedures.
Organise work priorities in accordance with organisation policies and procedures.
Manage work effectively to achieve identified objectives.
Use information technology to improve efficiency in accordance with organisation
policies and procedures.
Manage personal skills development in the workplace in line with organisation
requirements.
Monitor work standards and communicate work priorities and associated requirements
to others.
Training and development can be initiated for a variety of reasons for an employee or
group of employees. For example:
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In addition, adults often learn best from experience, rather than from extensive note taking
and memorisation.
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The courage to overcome our reluctance and fears is often the first step toward achieving
true meaning in our lives and our jobs.
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Supervisor and Learner Should Set Aside Regular Times for Meetings
Scheduling meetings beforehand makes it much more likely that regular, ongoing
feedback will occur between the supervisor and learner.
As previously noted, training and development can be initiated to address a "performance
gap" (learning needed to meet performance standards for a current task or job), "growth
gap" (learning needed to achieve career goals) or "opportunity gap" (learning needed to
qualify for an identified new job or role).
The information frequently references supervisors and employees/learners. However,
information also applies to learners wanting to develop their own training and development
plan.
The terms "employee" and "learner" are used interchangeably in the following.
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more character, be charismatic, be more visionary, work well with groups, be more
communicative, support followers, etc.
But you may very well have already have met those goals! Because writer's suggestions
sounds very virtuous, e.g., to have more character, does not mean that you don't already
have a great deal of character that already incorporates the values needed for strong and
effective leadership in your organisation.
Therefore, give careful thought to your training and development goals. Ultimately, you
and your supervisor are the best judges of what you should aim to learn.
Set Realistic Expectations
As explained in previous information about Training Analysis, learning goals should be
established based on needed areas of knowledge and skills. These needs are established
by referencing relevant strategic goals, competencies lists, job descriptions, job analysis,
tasks analysis, etc. Be sure these goals are realistic.
There is a vast amount of management literature today, much of it asserting the need for
continued change among organisations and employees. Often, we're expected to achieve
total quality and total integrity. We're encouraged to transform ourselves and our
organisations. These expectations can serve as powerful visions to provide direction and
purpose. However, as these expectations become strong requirements in the workplace,
they must be carefully considered and planned. Otherwise, they can spawn a great deal of
despair and cynicism. Consequently, be realistic about training and development plans.
Particularly regarding development efforts such as leadership development, it can be very
seductive to have goals such as "total integrity". If you want "total integrity" as a goal, know
what behaviours will depict total integrity and then identify those behaviours in your
training and development plan.
Don't Forget the Most Important Sources of Suggestions - Supervisors and
Subordinates
When selecting training and development goals, ask your supervisor for feedback. For
example, if you're planning a leadership development program for yourself, ask your
supervisor for suggestions about how you could improve. He or she may be the best
person to give your ideas for goals and methods. He or she has had to develop leadership
skills and also has watched you over the years. Also, don't forget to ask your subordinates
for suggestions. They often have impressions about you that you'll never find out about,
unless you ask for them.
Integrate Results Expected from the Learner with Goals in the Performance Plan
Include the training and development goals in the performance review planning and
discussions. This affords ongoing tracking and discussion to ensure that training and
development results are actually carried over into the results in the workplace. If the
supervisor and employee have been conducting the employee performance management
process and perceived a "performance gap", then the performance review process already
includes the goals needed by the training and development plan. "Growth gap" and
"opportunity gap" training goals should also be included in the performance review process
as career development goals to ensure ongoing tracking and discussion. However, be very
careful about evaluating the employee on whether they achieved career goals or not.
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Many variables can occur which hamper the employee from achieving career goals.
Instead, focus performance evaluations on achievement of performance standards.
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4. For One Minute, Stare At Yourself in the Mirror: Ask "How Do I Feel About Myself?"
Update your training and development plan to address any concerns you have about the
person staring back at you in the mirror. As with any successful therapy or managing or
teaching, you must first start with yourself.
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