Statutory Training – What is Statutory Training?mandatorycomplianceweb
Statutory Training – What is Statutory Training?
What is statutory training?
In the context of health and social care settings, statutory training is the training that is usually required by law or where a statutory body has instructed an organisation to provide training on the basis of specific legislation.
Examples of such legislation include the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999. Most healthcare and social care employers often describe this as ‘essential training’ or ‘compulsory training’. Statutory training ensures that all staff have the knowledge and skills to maintain a healthy and safe working environment for themselves, their colleagues, patients and service users.
What is the difference between mandatory and statutory training?
We receive enquiries from many health and social care providers asking, ‘what is the difference between statutory and mandatory training?’. We will make the distinction between mandatory and statutory training below:
- Statutory training is required to ensure that the Trust is meeting any legislative duties.
- Mandatory training is an organisational requirement to limit risk and maintain safe working practice.
Many health care and social care organisations use the terms ‘mandatory training’, ‘statutory/mandatory training’ to refer to both statutory and mandatory training. In this article, we will use ‘statutory training’ to cover both types of training.
All health and social care employers, including NHS Trusts, charities and private organisations have a responsibility to provide relevant statutory and mandatory training courses and to ensure that all their employees attend or complete these training courses.
Which training courses are statutory?
All healthcare and social care employers, including NHS Trusts, private hospitals and other community based care settings have a legal responsibility to provide their staff with statutory training. This includes the core health and safety awareness training courses as part of their statutory/mandatory training.
Health and social care statutory training usually includes the following modules:
- awareness of the local health and safety policies and procedures
- awareness of the Control of Substances Hazardous to Health (COSHH) regulations
- reporting responsibilities under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)
- fire safety awareness training
- manual handling of objects training
- safe moving and handling of people training
- basic risk assessment training (may include clinical risk assessments)
In most cases, all staff (clinical and non-clinical) are required to complete annual updates in essential areas of fire safety and manual handling.
Induction training courses
When health and social care professionals start a new job, they should attend induction training programs within the first month of starting work. Induction training usually covers both mandatory and statutory training modules. It is recommended that all health and social care workers should complete the statutory and mandatory training courses that have not been covered in the induction training programs. It is generally expected that mandatory and statutory training courses should form part of the terms and conditions of employment.
Attending statutory training
It is generally expected that mandatory and statutory training should be completed during normal work time. In circumstances where the employer may require staff to attend training courses in their own time, they should be given equivalent time off to compensate for their time.
Appropriate considerations should be considered for those who work regular night shifts or other unsocial hours to ensure that they are able to complete statutory and mandatory training courses and other training updates. Under the Working Time Regulations 1998, any work related training is counted as ‘working time’ and should be counted as working hours and paid appropriately.
Statutory training updates & refresher courses
Mandatory and statutory training usually requires attending annual training updates and refresher courses, dependent on the role, responsibilities and organisational requirements.
Professional health and social care organisations such as the Nursing and Midwifery Council (NMC), General Medical Council (GMC) and Health and Care Professions Council (HCPC) have not set specific recommendations or requirements regarding how often mandatory training courses should be completed. However, all healthcare professionals are required to keep up to date with their local training requirements, skills and competence to carry out their jobs safely and effectively. Employers generally set their own local policies and procedures specifying mandatory training intervals. These are normally specified in employment contracts.
Employer obligations for statutory training
There are many frameworks that provide guidance for health and social care employers on how to deliver statutory and mandatory training courses. These include Skills for Health’s UK Core Skills Training Framework (CSTF), NHS resolution risk management standards, NHS standards for better health and the Care Quality Commission inspection framework. These frameworks tend to vary depending on:
- the risks encountered in the work environment
- the needs of the workforce and service users
- standards set out by insurers
- clinical and corporate governance frameworks
- local legal frameworks in place
- UK-wide and country-specific requirements
- equality and diversity considerations.
Locum, agency and bank worker essential training
Contracts for agency/locum workers and other temporary staff should clearly outline their rights to access mandatory and statutory training courses to ensure that they work in a safe and effective manner. The most common mandatory and statutory training courses for locum, bank and agency workers include:
- health and safety at work
- data protection
- Control of Substances Hazardous to Health (COSHH) regulations
- fire safety awareness
- infection prevention and control
- manual handling of objects
- moving and handling of people
- lone working awareness
- safeguarding adults at risk
- safeguarding children.
Unlike permanent members of staff, locum, agency and bank workers do not have the statutory right to request ‘time to train’ or paid time off to study.
Other training for locum, agency and bank workers
Like permanent members of staff, locum, agency and bank workers should be provided with mandatory and statutory training. However, they usually need to self-fund any additional career development or continuing professional development (CPD) training courses. Staff working for NHS Professionals (bank only flexible workers) can usually access the majority of their online training courses through existing NHS structures. The Mandatory Training Group also provides online training courses for health and social care professionals. Click on the link below to see the full list of online mandatory training courses:
Contact our Support Team on 024 7610 0090 or via Email to discuss you statutory and mandatory training requirements.
Statutory Training – What is Statutory Training? – Defining Statutory Training.