Explain legal issues, policies and procedures relevant to assessment, including those for confidentiality, health, safety and welfare As part of the government’s scheme in raising and maintaining national standards for recognised qualifications it is of importance to maintain certain records. Training Organisations are subject to inspection by OFSTED so have to keep records for performance, safety and financial reasons. • Registers-attendance at lessons Visit Report Forms-proof you are visiting candidates • Course assessment sheets-record of tests and progress • Course feedback forms-feedback from candidates • Health and Safety Check Forms-Ensuring safe working environment • Equality and Diversity Forms-Ensuring no discrimination • Individual Learning Plans-Targets and timescales As an NVQ Assessor I am aware of the following legislation and code of practice below: • Health and safety • Equal opportunities • Data Protection Disability Discrimination • Risk Assessment • Lone working Health and Safety: The health and safety Act 1974 (HASAWA) places certain responsibilities on both employers and employees. It is the responsibility of the employer to provide a safe working environment, however it is also the responsibility of the employee to show reasonable care for their safety. Therefore within health and social care there are responsibilities for both the employer and employee to maintain a safe working environment.
Some of these are: Employers • Provide a safe workplace. • Ensure there is safe access to and from the workplace • Provide information on health and safety • Provide health and safety training • Undertake risk assessment for all hazards. Employee • Take reasonable care for their safety and the safety of others • Cooperate with employer in respect to health and safety matters • Not intentionally damage any health and safety equipments or materials provided by employer.
Equal Opportunities The NVQ training provider I work for have a comprehensive policy of equal opportunities in employment and training in which individuals are selected and treated on the basis of their relevant merits and abilities without regards to race, Religion, colour, sex, age, national origin, disability or sexual orientation, individuals are given equal opportunities within the company. This is to ensure that no learner or employee receives less favourable treatment on grounds not relevant to good practice.
Therefore employees and learners must not harass or intimidate other employees and learners on the grounds of race or sex, disability or sexual orientation. Data Protection Data protection Act 1998 gives people the right to access information held about them. The organisation I work for is registered with the Data protection registrar and they are required to only store information for the purpose of the NVQ training. Information cannot be shared with a third party. If it is essential that vital information is needed by a third party, this is only shared if the individual has given their consent.
The information held for learners and employees are not excessive but just the correct information required. Data is updated regularly if learners or employees change address, phone numbers etc. Records on individual learning are also updated regularly. Data are not kept longer than necessary. Data are also kept within confidential measures e. g. computers have password to avoid them accessed by intruders, paperwork are filed away in locked cabinets. Disability Discrimination Act NVQ providers like the organisation I work for are not allowed to discriminate against learners with disabilities for example learners with dyslexia.
Adequate support is given to learners in the disability category as much as possible. These learners also have a right to learn and are provided with alternatives such as a recorded professional discussion on various aspects of the NVQ units they have chosen. Risk Assessment This is essential at work for good risk management. As an NVQ assessor I am required to observe my learner at work which means I will need to go out to learners at their various workplaces with different working conditions.
It is essential I carry out assessments in accordance with the Risk Assessment Management policy. A risk assessment is also to be done when travelling between appointments. Lone worker Policy Lone workers are those who work by themselves without close or direct supervision. The circumstances under which I work as a lone worker include travelling to and from visits to learners at their workplace on my own. If at any point staff feel unsafe or threatened, this needs to be reported so that a reassessment can be carried out