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Annex 2: Draft Code of Practice for NHS Scotland Employers
Title: Up to Standard: a Code of Practice for Employers of Healthcare Support Workers in Scotland.
1. Introduction
1.1. This code of practice is a key element of a new system of regulation being set up for healthcare support workers ( HCSWs) in Scotland.
1.2. The new system of regulation will need to be augmented by existing systems of healthcare governance and staff governance. Staff governance arrangements in Scotland are enshrined in the NHS Reform (Scotland) Act 2004, which makes NHS employers legally accountable for staff governance.
1.3. The Staff Governance Standard is the key policy document, defining five elements that make up the standards of employment practice expected from NHS employers. As an employer, you are required under the Staff Governance Standard to ensure that your staff are well informed, appropriately trained, involved in decisions that affect them, treated fairly and consistently and provided with an improved and safe working environment.
1.4. Also significant in NHS Scotland is mandatory compliance with Partnership Information Network ( PIN) policies on aspects of good employment practice. Particularly relevant to this code of practice are the PINs on:
- Dignity at Work
- Equal Opportunities
- Management of Employee Conduct
- Personal Development Planning and Review
- Supporting the Work : Life Balance
- Dealing with Employee Concerns
- Management of Employee Capability.
1.5. This code of practice will help you achieve those requirements and assist you in ensuring that service users gain maximum benefits from HCSWs' practice. It sets out standards based on existing good employer practice. These can act as criteria to guide your practice as an employer, allowing you to benchmark current performance, identify areas requiring development and plan provision to secure future improvements.
1.6. The code of practice is complemented by a code of conduct and practice for employees which describes quality standards to which they must aspire in key elements of practice. You should familiarise yourself with the employee code and ensure that employees are supported to achieve the standards it presents.
2. Code of Practice for NHS Employers
2.1. As an NHS Scotland employer of healthcare support workers, you must:
2.1.1. Ensure people are suitable to enter the healthcare workforce and understand their roles and responsibilities.
- You must have rigorous recruitment and selection procedures in place and meticulously follow Disclosure Scotland and other vetting procedures.
- Your staff must be given clear information on their roles and responsibilities and be made aware of relevant legislation, policies and procedures to which they must comply.
- HCSWs who claim they are being asked to perform out with their role and realm of competence must be supported and any complaints investigated thoroughly.
- Employment practice should be underpinned by policies that promote staff safety and welfare, ensure equal opportunities and allow access to appropriate support for HCSWs suffering from illnesses.
2.1.2. Have procedures in place to enable HCSWs to meet the requirements of the Code of Conduct and Practice for Support Workers in Healthcare.
- You will need procedures in place to support HCSWs in the achievement of standards on the key elements of practice set out in both the employee code and in the induction standards, such as ensuring confidentiality, performing risk assessment, recording and reporting information, communicating effectively, understanding their responsibilities and the chain of management.
2.1.3. Provide training and development opportunities to enable HCSWs to strengthen and develop their skills and knowledge.
- Effective means of supervising and assessing HCSWs' practice will need to be in place, with opportunities for formal assessment and personal development planning in line with Knowledge and Skills Framework ( KSF) requirements.
- Central to this is provision of appropriate induction training and other learning opportunities to help HCSWs perform their roles effectively and prepare them to face the challenge of new and developed roles. This requires employers to recognise and utilise the workplace as a key area in which HCSW development can take place.
- Development opportunities identified by HCSWs through personal development planning and other processes must be reflected within team and individual learning plans.
2.1.4. Ensure procedures are in place to deal with dangerous, discriminatory or exploitative behaviour and practice.
- HCSWs should understand from the commencement of employment that bullying, harassing and discriminatory behaviours are unacceptable and will occasion appropriate action.
- Any HCSW who feels he or she has been subjected to such behaviours, or has witnessed a member of staff demonstrating dangerous, discriminatory or abusive practice, must be aware of where and how to report their concerns to management.
- Similar policies and procedures must be in place to deal with aggression and violence, with adequate support in place to support HCSWs who experience aggression or violence at work.
2.1.5. Promote this code of practice and the Code of Conduct and Practice for Support Workers in Healthcare to your staff, HCSWs, patients and relatives.
- The codes are designed to ensure safer and more effective services for patients and better and more fulfilling working conditions for HCSWs, but can only achieve their aims if people are aware of the standards and apply them in practice.
- As an employer, you have a duty to respond when a HCSW fails to meet the standards set out in the code, providing appropriate counselling, support and development opportunities and following approved disciplinary procedures when necessary.
3. Monitoring Compliance with standards
3.1 Once standards have been ratified through this process of consultation, measures required to monitor compliance will be identified. These will reflect existing governance arrangements.
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