Hi. Can you tell what law you're referring to and I'll confirm for you. Regards, Simon
Hi Simon. As of yesterday, my mom who's in a nursing home. Has "by law" new high bed side
buffers installed. So can't see anything other than the ceiling. :-( Frank
Ah, I see. There are three bits of legislation providing general guidance for all health and safety issues - mainly for use in places of work but caselaw suggests that users of services, i.e. individuals in nursing homes, fall under 'at work'. s.3 of the Health and Safety at Work 1974 provides general health and safety guidance as do the Management of Health and Safety at Work Regulations and the Provision and Use of Work Equipment Regulations 1998. The Act is statute, formed through parliament etc. The regs are generated by government body, in this case HSE. What this sounds like to me is the management being conscious of a potential liability risk, i.e. no rails, or low bed rails, patient falls from the bed and injures themselves, they find themselves liable for breach of health and safety etc. If it's part of a larger group of homes it's more than possible they've had such a situation and are now looking to ensure it doesn't happen again. I'd discuss it with the senior management and see what they have to say as it sounds far from perfect at present. Addressing your specific query, you can visit the Officer of Public Sector Information website which publishes all statutes enacted by year - if it's there, you know it's been through parliament etc. For regs, you need to look at the various agencies websites, in this case Health and Safety Executive. Hope that assists, but feel free to ask follow questions by all means. Regards, Simon
Thank you Simon. I have been busing myself around my home, hence the delays. I need to tread carefully as I'm in constant conflict with the local hospital PTC. I'm in a position where I need the backing of the news media. Who the PCT are afraid of. Otherwise, as they say, "they can do anything they like". So I need to asses our situation before I say very much. Frank Beesley/
No problem - best of luck with it.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).