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1.6.7 Policy on Use of 'Risk to Staff' Markers

Purpose

1. The purpose of this Policy is to provide a fair, legal and consistent approach with regard to the addition of markers on to social care service users' electronic records to indicate that they represent a potential risk to staff safety. 
2. The document 'Procedure for use of Risk to Staff Markers'.
3. The contents of this Policy apply where service users, who through their circumstances or actions, or through the actions of those associated with them, have been assessed as posing a risk to staff safety, and where the use of a hazard marker on SWIFT or Framework-i is being considered for, or has already been applied to, their council record.
4. The aim of this policy is to ensure that staff health and safety is taken into consideration, whilst still ensuring that service users' individual rights are fully considered. 
5.

The pre-existing markers that have been identified as falling into this category are as follows:

  • Dangerous animal
  • Dangerous associate
  • Hostage risk
  • Premises risk
  • Verbal abuse
  • Violence
  • Weapons

Use of other markers is not covered by, or addressed in, this protocol.


Legislation

6.

The County Council is obliged to comply with relevant legislation, including:

  • Health and Safety at Work etc. Act 1974
  • Human Rights Act 1998
  • Crime & Disorder Act 1998
  • Data Protection Act 1998
7. The Health and Safety at Work Act places a duty on the employer as far as is reasonably practicable to ensure the health, safety and welfare of all its employees whilst at work.  The Act also places a duty on all employees, whilst they are at work, to take reasonable care for their own health and safety, as well as that of other persons who may be affected by their acts or omissions.
8. When using warning markers, for any reason, an organisation must comply with the requirements of both the Data Protection Act and the Human Rights Act.  Failure to comply with these Acts may lead to criminal or civil proceedings which could result in corporate prosecution, or possibly even individual prosecution.

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