Care and Social Services Inspectorate Wales

1 care and Social Services Inspectorate Wales Regulation 38 care Homes ( Wales ) Regulations 2002 NOTIFICATION OF DEATH, ILLNESS AND OTHER EVENTS 090612reg38eng revised draft 1 CJ 1 GUIDANCE - COMPLYING WITH NOTIFICATION REQUIREMENTS INTRODUCTION Regulation 38 of the care Homes ( Wales ) Regulations 2002 places a duty on registered persons to notify care and Social Services Inspectorate Wales without delay of the occurrence of the following events:- 1. the death of any service user and the circumstances of his or her death; 2. the outbreak in a care home of any infectious disease which in the opinion of any registered medical practitioner attending persons in the care home is sufficiently serious to be so notified; 3.

2 Any serious injury to a service user; 4. a serious illness of a service user at a care home at which nursing is not provided; 5. any event in the care home which affects the well being or safety of any service user; 6. any theft, burglary or serious accident in the care home; 7. any allegation of misconduct by the registered person or any person who works at the care home. It is also a requirement of the Regulation that an oral notification to care and Social Services Inspectorate Wales (CSSIW) must be confirmed in writing. The aim of this Guide is to help registered persons comply with this Regulation.

3 It sets out lists of the type of circumstances which CSSIW considers would fall within the events specified by the Regulation. The lists are however not exhaustive and registered persons are encouraged to notify their local office of the Inspectorate of any occurrences which they may feel require notification. It is vital that notification is given without delay and CSSIW would expect this to be within 24 hours of its occurrence. There are 2 forms to be used - one covering the death of a service user and the second covering all other occurrences. According to the nature of the occurrence registered persons are reminded of the need to consider notifying other authorities.

4 Particularly there is a requirement to report certain occurrences under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 whose website is found at (Tel: 0845 3009923). Consideration will have to be given to notifying the Police or Local Authority in appropriate circumstances. Notification examples: death of service user serious Injury to service user serious illness of service user serious accident to staff member, service user, visitor, volunteer or self employed person working within the premises A serious injury or serious accident will include circumstances where death or serious injury resulting in hospital treatment derives from an accident or physical violence.

5 090612reg38eng revised draft 1 CJ 2 Examples of serious injury/serious illness/serious accident:- Serious injury fractures head injury amputation dislocation of the shoulder, hip, knee or spine loss of sight (temporary or permanent) chemical or any penetrating injury to the eye injury resulting from an electric shock or electrical burn leading to unconsciousness or requiring resuscitation or treatment in hospital any other injury leading to hypothermia, heat induced illness, burns, unconsciousness, requiring resuscitation or requiring treatment in hospital unconsciousness caused by asphyxia or exposure to harmful substance or biological agent Serious illness acute illness requiring medical treatment where there is reason to believe that this.

6 Resulted from exposure to a biological agent or its toxins or infected material acute illness requiring medical treatment or loss of consciousness arising from absorption of any substance by inhalation, ingestion or through the skin occupational/contact dermatitis outbreak of any infectious disease (see below). Serious accident If there is an accident connected with work (including an act of physical violence) and your employee or self employed person working on your premises suffers an over-three-day injury it should be notified as a serious accident. Such an injury is one which results in the injured person being away from work or unable to do their normal work or activity for more than three days (including any days they would not normally be expected to work such as weekends rest days or holidays) not counting the day of the injury itself.

7 A serious accident may also involve a service user, volunteer or visitor and these must also be reported. If something happens which does not result in a serious injury but clearly could have then it may be properly treated as a serious accident and should be notified. The following would constitute serious accidents collapse, overturning or malfunction of hoisting equipment (including slings) explosion, collapse or bursting of any storage tank or associated pipework electrical short circuits or overload causing fire or explosion. failure of radiography or irradiation equipment to return to safe position after intended exposure period malfunction of breathing/suction apparatus collapse or partial collapse of scaffolding over 5 metres high collapse of existing building or structure or of any building under construction or alteration serious lift malfunction which entails seeking assistance to enable persons to exit the lift.

8 090612reg38eng revised draft 1 CJ 3 Event affecting the well being or safety or any service user This may include threats made by visitors, other service users or staff members inside the home. A service user being treated as a missing person . Essential Services such as gas or electricity are permanently or temporarily terminated as a result of non- payment of bill or storm damage etc. Any fire at the home should also be reported stating how the fire occurred and what action was taken. Burglary/Theft This includes personal items and money belonging to staff, service users and visitors as well as items belonging to the registered persons.

9 Infectious Disease These are too numerous to list but the following are amongst the more common you are likely to encounter: Giardia lamblia Hepatitis Legionellosis Leptospirosis Measles Meningitis Mumps Scarlet Fever Streptococcus Suis Tetanus Tuberculosis Confirmed gastroenteritis caused by salmonella, staphylococcus, botulism, clostridum, shigella. Any infection reliably attributed to the workplace including outbreaks of diarrhoea and vomiting involving more than two people within a few days.

10 Any allegation of misconduct by the registered person or any person who works at the care home. Where there is any allegation of inappropriate care reference should be made to In Safe Hands (vulnerable adult protection procedure). If the attached forms are completed electronically please print off for signing and return to your local CSSIW office. 11 care and Social Services Inspectorate Wales Regulation 38 Notification Please ensure that this form is completed clearly in block capitals. An extra sheet of paper is included for your use if required. (See separate form for reporting the death of a service user) Please indicate which of the following notification is relevant.