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I ate the best crispest, crunchiest, juiciest, rosiest, sweetest most marvellous apple while I was driving home last night after attending a seminar. I had put it in my bag earlier for just such an occasion and it really was the very best apple.

You might be wondering why I’m writing about eating an apple. Well the point is I can eat an apple. I can eat an apple while driving a car. No-one should drink and drive and we are not allowed to text and drive but eating an apple while driving is still allowed.

The reason it was good to eat this most marvellous apple was that in order to eat it I first had to achieve a whole range of things. I had to have the money to pay for this crunchy crisp apple which confirms I have the financial reserves to not only pay for the petrol and maintenance for my car but also to pay for this beautiful rosy apple. I had to also remember that I liked apples along with remembering where the supermarket was to buy that most marvellous apple. I then had to recall where I’d parked my car and have the mental competence to get myself and my car and my apple out of the car-park and heading for home.

This all takes having an intact mind so I find it rather encouraging and reassuring that my mind seems to be working just fine.
To be able to eat this delicious thirst quenching juicy apple I had to have physical strength to drive my car and walk into the shop, buy the apple and walk with ease back to my car without getting short of breath in order to drive home. I had to have the muscular strength in my legs to walk, use the foot controls in my car with ease and have the physical reactions to stop in a hurry if I had to. All this being achieved while enjoying a gift of natures food, my wonderful apple. The hand dexterity needed to hold and manoeuvre that apple so I could bite the piece I wanted while steering the car was also something I take for granted. I realise I take for granted having healthy teeth to munch and crunch that beautiful apple. This all confirms my body and mind seem to still be functioning with strength and ease which I am very grateful for.

As I savoured every mouth full of this delectable apple while driving home tonight I wondered if when I’m 80 or 90 years old I will still be able to do this most enjoyable feat. I thought of all the things that must function for me to buy apples year after year. Will I have the ability to drive my car and walk into the supermarket and pick the nicest looking apple, pay for it and eat it with my natural teeth? Oh I do hope so.

To increase my odds of repeating this enjoyable drive home devouring delicious mouth full by delicious mouth full of apple, I decide I will need to take good care of myself. I will need to make sure I keep up my physical strength through regular exercise and eat a good diet to maintain a healthy weight. I will need to look after my eyesight with regular eye checks. I will remember to take regular visits to the dental hygienist and look after my teeth. I will manage my finances and enjoy reading books, socialising and learning new things to keep my mind active. And yes, I will continue to hope that with all the right self-cares and a bit of luck, when I am 80 or 90 years old I will be able to go to the supermarket to pick out the very best apple.

I’ve been working through the new Health and Safety at Work 2015 legislation and have concerns about how this applies to not only care facilities and new reporting requirements, but also to Villages.  This legislation could cause all sorts of issues for you and in my view needs further clarification as to how it is to be applied to ARRC residential care setting and Villages that come under the RVA.

The Retirement Villages Association define a ‘Licence to Occupy’ as –

Licence to occupy – This is the most common form of occupation right in New Zealand. A licence to occupy gives you the right to live in your residential unit and to use to village facilities according to the terms of the licence to occupy. The ownership of the land and building remain with the village operator.”

The new Health and Safety at Work Act 2015 which applies from the 4th of April 2016 requires a PCBU (Person Conducting a Business or Undertaking) to report notifiable injuries or illnesses and all notifiable incidents. Looking closer at the terminology used in the legislation is states in relation to responsibility to notify

Health and Safety at Work Act 2015.
Sub Section part 2 – clause 37 Duty of PCBU who manages or controls workplace  (
this appears to apply to Village operators as well as ARRC providers)

(4) In this section, a PCBU who manages or controls a workplace—

(a) means a PCBU to the extent that the business or undertaking involves the management or control (in whole or in part) of the workplace; but
(b) does not include—
(i) the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking.

The red text seems to be the rationale for notifications being required from care facilities but it would seem it also applies to village units, studios and apartments.  How are you going to know if your village residents have had an injury or illness which is classified as notifiable?

Part 1 Section 23 –  Meaning of notifiable injury or illness

(1) In this Act, unless the context otherwise requires, a notifiable injury or illness, in relation to a person, means—
(a) any of the following injuries or illnesses that require the person to have immediate treatment (other than first aid):

(i) the amputation of any part of his or her body:
(ii) a serious head injury: (
This could apply in the case of a fall where a resident has a knock to their head?)
(iii) a serious eye injury:
(iv) a serious burn:
(v) the separation of his or her skin from an underlying tissue (such as
degloving or scalping): (
Does this apply to skin tears of a particular size?)
(vi) a spinal injury:
(vii) the loss of a bodily function:  (
Fall resulting in fracture?)
(viii) serious lacerations:

(b) an injury or illness that requires, or would usually require, the person to be admitted to a hospital for immediate treatment:
(c) an injury or illness that requires, or would usually require, the person to have medical treatment within 48 hours of exposure to a substance:

Implementing this into this sector may be difficult due to the rights to privacy of those living in ‘independent’ ORA situations. The key definer in this section is clause a) any of the following injuries or illnesses that require the person to have immediate treatment (other than first aid).  If an ambulance is called to attend to a village resident this could be deemed ‘immediate treatment’.

Part 1 Section 24 – Meaning of notifiable incident –

(1) In this Act, unless the context otherwise requires, a notifiable incident means an unplanned or uncontrolled incident in relation to a workplace that exposes a
worker or any other person
to a serious risk to that person’s health or safety arising from an immediate or imminent exposure to—

(a) an escape, a spillage, or a leakage of a substance; or
(b) an implosion, explosion, or fire; or
(c) an escape of gas or steam; or
(d) an escape of a pressurised substance; or
(e) an electric shock; or
(f) the fall or release from a height of any plant, substance, or thing; or
(g) the collapse, overturning, failure, or malfunction of, or damage to, any
plant that is required to be authorised for use in accordance with regulations;
or
(h) the collapse or partial collapse of a structure; or
(i) the collapse or failure of an excavation or any shoring supporting an excavation;
or
(j) the inrush of water, mud, or gas in workings in an underground excavation or tunnel; or
(k) the interruption of the main system of ventilation in an underground excavation or tunnel; or
(l) a collision between 2 vessels, a vessel capsize, or the inrush of water into a vessel; or
(m) any other incident declared by regulations to be a notifiable incident for the purposes of this section.

Clearly the majority of these apply to manufacturing and industrial sites however some could potentially be applied to the care and village setting.

What do you see as your liabilities?  What is the responsibility for the operator in managing potential risk?  Which assessment tools and accompanying definitions are we best to apply if any?  If alcohol consumption by a resident or failing cognitive state is likely to contribute to their safety, where are the boundaries for responsibility between the resident and the operator? 

Share your comments ….

Amberley Resthome and Retirement Studios

“I was referred to Gillian Robinson (HSCL) through a colleague as I knew I needed expertise help when starting out in the aged care industry. Little did I know I would get the best!
Working alongside someone as passionate as Gillian is a privilege which reflects the level of commitment she makes to you as a client. From the phone calls and emails, to the training sessions, to the continuous improvement guidance and depth of knowledge that is implemented in our system. I can’t thank Gillian enough for her support and have no hesitation in recommending her services to anybody in the healthcare sector.

She knows this industry inside and out and has played a pivotal role in our success as an organisation”.

Tracey Dimmock-Rump – Owner / Manager

I remember years and years ago hearing about the coming of the paperless society!  Do you recall that?  Have we achieved it?  If anything, we’re surrounded by more and more paperwork.  I receive enquiries on a regular basis from disgruntled nurses that are bogged down in paperwork and wanting to know if there is a simpler way to do things that will allow them time to get back to hands-on nursing; spending time with their residents.

I’m more than happy to help you with freeing up your time and still achieve all the necessities of documenting service provision.  One way to do this is using smart computer software.  I realise that up until recently our industry has not been ready for this however with the surge in uses of Facebook and other social networking sites, computers are not as intimidating as they once were!

I’m committed to getting your nurses back on the floor while working on the basis of continuous improvement and providing excellence in care based on evidence based practice.  In order to help me develop the tools you need I’d appreciate you taking a few minutes to complete this quick and simple survey.

Complete the survey HERE

Thank you for your time and look forward to getting a solution that will allow you to get out of the office and back to your residents!