We also thought that suitable preparation of activities while providing materials and instructing staff, which would be done by the occupational therapist, would significantly facilitate the staff’s work during weekends and also increase the number of activities for residents, thus improving the quality of life in the home. In their reply to the preliminary report, the management of the home first elaborated on the organisation of work by units on Sundays and during holidays, i.e.: • the Rožmarin unit, which is not a secure ward,8 housed thirteen residents receiving care IV. When no immobile residents are in a unit, one member of staff is present constantly and is also fully employed in this unit. When there are immobile residents in a unit, two employees are present at all times; additional employees participate in morning care, preparations for sleeping, during breaks and, if needed, according to residents’ wishes and needs; • fifteen residents are in Sončna enota, of whom four residents require care I, two residents require care II, eight residents care lll/A and one resident care lll/B; in Mala sončna enota, there are ten residents, of whom six residents require care II and four require care III/A; one nurse and three carers work on Sundays, including one trainee, who provides assistance. These employees are also responsible for the Zeleni bor unit, with sixteen residents, of whom fourteen require care III/A and two require care III/B. At least one staff member must be constantly present in Mala sončna enota, Sončna enota and Zeleni bor unit, while other employees do their tasks and rotate between the three units. This organisation was also seen at lunchtime during our visit.9 The work was organised in such a way that one employee was present in Sončna enota, two employees were preparing residents for lunch in Zeleni bor and two employees went to the kitchen to fetch lunch. Lunch was first served in Mala sončna enota and Sončna enota. Two employees remained in these two units to help feed the residents; one employee distributed lunches in Zeleni bor, where he was met by the other two employees. They distributed lunches together and helped feed the residents – more residents need help with feeding in Zeleni bor than in Mala sončna enota and Sončna enota combined. A total of five people are thus employed in Sončna enota, Mala sončna enota and Zeleni bor, who work as a team according to agreements and needs regarding the arrangements in individual units and while observing residents’ needs. On Sundays two employees usually spend most of their time in Sončna enota and Mala sončna enota. On the basis of the concluding findings of our report, Jesenice Retirement Home made the following changes: • in accordance with the current standards, the management decided to employ an extra person in Rožmarin unit on Sundays, who will help with care and free-time activities of the residents in this unit while being guided by the staff member who is usually present; • five employees will remain in Sončna enota, Mala sončna enota and Zeleni bor, but without a trainee. For the most part, two staff members will be present in Sončna enota and Mala sončna enota, with the exception of a lunch break and when distributing linen and meals. The decision as to who will remain permanently in the unit while other staff members rotate is subject to agreement between the employees; • text was added to the list of activities, stating that free-time activities intended for entertainment and physical activities of residents are implemented on Sundays and holidays, but to a minor extent than during the week. The occupational therapist will prepare material for free-time weekend activities, which will be suitable for the season, holidays etc. Jesenice Retirement Home emphasised that standards for employees of social care institutions were over 30 years old, and the structure of residents had changed significantly over time. There were many more immobile residents or residents with poor mobility and with dementia. Similarly to other retirement homes, the staff of Jesenice Retirement Home also want a change in the employment regulations which could facilitate work in the units and implement a change in the organisation of work, which would have positive effects for residents and staff. In spite of several years’ of efforts by competent bodies in social care institutions to amend the regulatory framework, the latter remains the same. Great changes are foreseen for these institutions regarding the legislation in the future; one of the major changes will be the long-anticipated adoption of the Act on long-term treatment. A heterogeneous group of employees was brought together in September who would try to prepare a solution within the current employment regulations while observing employees’ wishes about changes in working hours and relieving them by reducing the number of working days. The working group will try to draft a work plan, which would change working hours of employees who currently work 6 hours 8 The Ministry of Labour, Family, Social Affairs and Equal Opportunities did not verify the Rožmarin unit as a secure ward; however, the NPM believes, as is evident from the report on the regular visit to this home in 2013, that the unit fits the definition of a secure ward as determined in point 17 of Article 2 of the ZDZdr. 9 The home’s statement was incorrect; the NPM representatives were present during breakfast. IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2016 NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 63

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