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The Law on Manual Handling

The Health & Safety at Work Act 1974


The act lays down three main areas of responsibility:
1. The employer has a responsibility to provide a safe and healthy working
environment.
Provide safe equipment and systems of work
Provide safety in connection with use, storage and transport of loads
(including people) and hazardous substances.
Provide information, instruction, training and supervision.
Maintain a safe working environment.
Provides written Health and Safety.
2. The employee has a responsibility to report where he/she feels that they are
working at risk.
Take care of their own health and safety and that of others.
Co-operate to ensure own safety and that of others.
Not to damage or disable equipment.
Undertake necessary training.
A problem must be recognised.
An assessment must be made.
A solution should be found.
Staff must be trained in safer systems of work.
Staff have a responsibility to follow safe systems of work.
3. Any equipment used at work must be maintained in good working order, safe
to use and regularly checked.
Manual Handling Operations Regulations 1992 revised 1998 (MHOR)
Manual Handling Operations include the transportation or supporting of a load i.e.
lifting, lowering, pushing, pulling, carrying, or moving: by hand or bodily force.
Each employer shall:
a. So far as reasonably practicable, avoid the need for his/her employees to
undertake any manual handling operations at work, which involve a risk of
being injured.
b. Make a suitable and sufficient assessment of all such manual handling
operations that cannot be avoided.
c. Take appropriate steps to reduce the risk of injury to those employees arising
out of their undertaking any such manual handling operations to the lowest
level reasonably practicable.
Employees
a. Follow appropriate systems of work laid down for their safety.

b.
c.
d.
e.

Make proper use of equipment provided for their safety.


Co-operate with their employer on health and safety matters.
Inform the employer if they identify hazardous handling activities.
Take care to ensure that their activities do not put others at risk.

The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)


The introduction of this new regulation has created a number of implications
for the users of lifting equipment.
Equipment including hoists and slings: Every employer shall ensure that: Lifting equipment is of adequate strength and stability for each
load/person.
That machinery and accessories for lifting loads/people are clearly marked
to indicate their safe working load.
Equipment that could be used in error to lift people is clearly marked Do
not use to lift people.
Used safely by competent people.
Examined by competent people every 6 months.

The Provision and Use of Equipment Regulations 1998 (PUWER)


These regulations require the prevention or control of risks to peoples health
and safety from equipment provided for use at work.

Suitable for the intended use, for the purpose and conditions in which it is to
be used e.g. bed sheets and pillow cases are not intended or safe for
moving and handling use.
Safe for use, maintained in a safe condition so that health and safety is not at
risk.
Regularly inspected to ensure it continues to be safe for intended use.

The Reporting of Injuries and Dangerous Occurrences Regulations 1995


(RIDDOR)
Requires employers to report and record: Death or reportable major injury to an employee or a member of the public.
Any injury from an accident (including physical violence) that prevents an
employee working for more than three days (including days off).
Any reportable work related disease.

A dangerous occurrence that could have resulted in a reportable injury.


Records must be kept.

Code of Professional Conduct


Nursing and Midwifery Council 2002 (NMC)
Registrant/client relationships and the prevention of abuse:Physical Abuse
Physical abuse is any contact that harms clients or is likely to cause them
unnecessary and avoidable pain and distress. Physical abuse may cause
psychological harm.

Handling the client in a rough manner.


Giving medication inappropriately.
Poor application of manual handling techniques i.e. drag lift, axilla,
auxiliary, underarm, shoulder, through arm lift.
Unreasonable physical restraint.

Useful reading and addresses


www.backcare.org.uk
Brown Wilson C (2000) Promoting mobility and physical functioning in older
people Nursing Older People 12 (8) 17-20
Collis Pellatt, G (2005) The safety and dignity of patients and nurses during
patient handling British Journal of Nursing 14 (21) 1150-1156
Corlett E et al (1992) The Guide to the Handling of Patients 3rd ed. London
National Back Pain Association and Royal College of Nursing.
Disabled Living Foundation www.dlf.org.uk
HSE (2004) Getting to grips with manual handling: A short guide.
www.hse.gov.uk/msd
www.nmc-uk.org
Sales, R & Utting, J (2005) Manual handling and nursing children Paediatric
Nursing 14 (2) 36-44
Smith J ed (2005) The Guide to the Handling of People 5th ed London BackCare
in collaboration with the Royal College of Nursing & National Back Exchange.
Middlesex.

Wicker P (2000) Manual Handling in the perioperative environment British


Journal of Perioperative Nursing 10 (5) 255-210

Summary
AVOID HAZARDOUS MANUAL HANDLING; IF YOU CANNOT AVOID
IT ASSESS IT AND TAKE ACTION.
If in doubt seek advice from your Trust Practice Placement Facilitator.

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