Part I

Organisation

Staffing

Duty to have real-time staffing assessment in place
12IC
1
It is the duty of every Health Board and the Agency to put and keep in place arrangements for the real-time assessment of its compliance with the duty imposed by section 12IA.
2
The arrangements under subsection (1) must, in particular, include—
a
a procedure for the identification, by any member of staff, of any risks caused by staffing levels to—
i
the health, wellbeing and safety of patients,
ii
the provision of safe and high-quality health care, or
iii
in so far as it affects either of those matters, the wellbeing of staff,
b
a procedure for the notification of any such risk to an individual with lead professional responsibility (whether clinical or non-clinical) in the area where the risk was identified,
c
a procedure for the mitigation of any such risks, so far as possible, by such an individual, and a requirement for that individual to seek and have regard to appropriate clinical advice, as necessary, in carrying out such mitigation,
d
raising awareness among staff about the procedures described in paragraphs (a), (b) and (c),
e
encouraging and enabling staff to use the procedures described in paragraphs (a) and (b),
f
training individuals with lead professional responsibility (whether clinical or non-clinical) for particular types of health care in how to implement the arrangements put in place under paragraphs (a) to (e), and
g
ensuring that such individuals receive adequate time and resources to implement those arrangements.
Pt. 1 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))
Ss. 12IC-12IF applied (1.4.2024) by S.I. 1995/574, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(2), 15(2); S.S.I. 2024/20, reg. 2(2))
Ss. 12IC-12IF applied (1.4.2024) by S.I. 1999/686, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(5), 15(2); S.S.I. 2024/20, reg. 2(2))
Ss. 12IC-12IF applied (1.4.2024) by S.S.I. 2001/137, art. 5, sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(8), 15(2); S.S.I. 2024/20, reg. 2(2))
Ss. 12IC-12IF applied (1.4.2024) by S.S.I. 2002/305, art. 5, sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(11), 15(2); S.S.I. 2024/20, reg. 2(2))
Ss. 12IA-12IO and cross-heading inserted (15.5.2023 for specified purposes, 6.2.2024 for specified purposes, 1.4.2024 for specified purposes) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 4(2), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(1)(2)