This guide is intended to reduce the risks to persons and others such as the elderly and vulnerable from serious injury. Between April 2001 and December 2007, there were 163 RIDDOR reportable hoisting related accidents reported to the HSE.

With the introduction of the Essential Standards of Quality and Safety in 2010 and Personalisation at the forefront of care provision the HSE need to ensure that any new guidance introduced can actually be implemented realistically and effectively.

Bettina Ratcliffe comments “Direct payments are having a significant impact on the way in which risk is managed by a person in receipt of services in their own home and this needs to be addressed by Commissioning organisations and the HSE. What persons in receipt of services fail to realise is that they are in effect a self employed employer who is not only responsible for hiring and firing the care workers of their choice but also have responsibility to ensure that handling aids that they supply are ‘safe and fit for their intended purpose”

“I’ve been horrified to discover that hoists are being freely purchased from EBay by friends and relatives of the old and the vulnerable wishing to do the right thing with limited resources, but with very little understanding of maximum load bearing capacities or the need for thorough examination of the equipment by competent persons. Such examinations are legally required under The Lifting Operations and Lifting Equipment Regulations 1998 and these duties extend to the self employed”.

“Worryingly Regulation 16 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 places an obligation on the registered person (a person employed by the service provider e.g. the registered manager and not the person in receipt of services or the Commissioning organisation) to protect service users and others who may be at risk from the use of unsafe equipment by ensuring that equipment provided for the purposes of carrying on a regulated activity is a) properly maintained and suitable for purpose..”.

“But what if the equipment it isn’t properly maintained and suitable for purpose?

Direct payments only seem to cover the cost of care provision and do not include a clause that obliges a person in receipt of them to arrange for regular examination of hoists that they have supplied”.

“The only sensible response for conscientious service providers and registered persons would be to prevent the equipment from being used by their care workers. But what about the risks to care workers who are not employed by a service provider are they not at risk too?”

“In addition, and from a personalisation viewpoint if a responsible service provider refuses to use unsafe equipment would this not be considered as a ‘barrier’ and therefore frowned upon by Commissioners?”

“Sadly the questions raised in this article are only likely to be answered following a serious accident or follow up investigation by an enforcement authority and possible subsequent prosecution of a service provider (rather than a service user) unless HSE guidance produced is very clear and gives meaningful direction”.

“As the appointed health and safety consultant to the National Care Association and a number of high profile domiciliary care agencies, The Safety Business Ltd will be voicing their concerns to the HSE on their behalf as part of this consultation process and incorporating the views and comments  received from members of of the LinkedIn Personalisation Group”.