First Aid at Work – your HSE responsibilities and the law
First Aid at Work – your HSE responsibilities and the law
The information relating to First Aid at Work is contained in the following document: First Aid at Work The Health and Safety Regulations 1981 (updated 2015 – with a helpful guidance chart on page 33) and these regulations outline the key legal requirements and responsibilities for employers to comply with the law. However this is quite a meaty paper and so I have summarised the key points below.
In their June Bulletin the HSE announced that blended learning is now an accepted means by which workplace first aid training can be delivered, saving time and money and offering a more convenient way to fulfil your legal obligations.
Employers have a legal duty to make arrangements to ensure their employees receive immediate attention if they are injured or taken ill at work. Irrespective as to whether the injury or illness was caused by the work they were doing, it is vital that all employees receive immediate attention and an ambulance is called if necessary. Immediate and appropriate first aid can save lives and prevent minor injuries becoming major ones.
An employer has a duty of care to provide, or ensure that there are provided adequate and appropriate facilities and equipment to cater for his employees if they are injured or become ill at work.
An employer shall provide, or ensure that there is provided an adequate and appropriate number of suitably trained people to administer first-aid to his employees if they are injured or become ill at work.
In small businesses, at the very minimum, a person needs to be appointed to be responsible for First Aid provision within the company; for providing and stocking the First Aid kit and for basic first aid provision in the workplace. Suitable training should be organised for anyone responsible for First Aid. There should be a sufficient number of trained personnel to be available to cover First Aid during all working hours on all sites.
A first-aid room must be easily accessible to stretchers and to any other equipment needed to convey patients to and from the room and be appropriately sign-posted to comply with regulation 4 of the Health and Safety (Safety Signs and Signals) Regulations 1996.
Needs assessment
An employer should make an assessment of first-aid needs appropriate to the circumstances (hazards and risks) of each workplace.
“The aim of first aid is to reduce the effects of injury or illness suffered at work, whether caused by the work itself or not. First-aid provision must be ‘adequate and appropriate in the circumstances’. This means that sufficient first-aid equipment, facilities and personnel should be available at all times, taking account of alternative working patterns, to:
- give immediate assistance to casualties with both common injuries or illnesses and those likely to arise from specific hazards at work;
- summon an ambulance or other professional help.”
“Where an employer provides first-aiders in the workplace, they should ensure they have undertaken suitable training, have an appropriate first-aid qualification and remain competent to perform their role. Typically, first aiders will hold a valid certificate of competence in either first aid at work (FAW) or emergency first aid at work (EFAW). EFAW training enables a first aider to give emergency first aid to someone who is injured or becomes ill while at work. FAW training includes EFAW and also equips the first aider to apply first aid to a range of specific injuries and illnesses.
In their June bulletin the HSE announced that blended learning is an accepted means by which workplace first aid training can be delivered. This new guidance from the HSE means that the FAW course can now be completed with one day pre-learning at a time and place to suit you, and 2 days practical training. Therefore only 2 days instead of 3 away from work. The EFAW can also be completed with 2 hours pre-learning, meaning that it is now possible to complete the regulated practical training on a 4 hour practical course (with 2 hours pre-learning). This will obviously have major cost and convenience benefits to all businesses. First Aid for Life is fully regulated through Training Qualifications UK to provide this regulated blended learning.
In assessing their needs, employers should consider:
- the nature of the work and workplace hazards and risks;
- the nature of the workforce;
- the organisation’s history of accidents;
- the size of the organisation;
- the needs of travelling, remote and lone workers;
- work patterns;
- the distribution of the workforce;
- the remoteness of the site from emergency medical services;
- employees working on shared or multi-occupied sites;
- annual leave and other absences of first-aiders and appointed persons;
- first-aid provision for non-employees. “
Where the work involves higher level hazards such as chemicals or dangerous machinery, or special hazards such as hydrofluoric acid or confined spaces, first aid requirements will be greater.
Employers may then need to:
- provide sufficient numbers of qualified first-aiders so that someone is always available to give first aid immediately following an incident;
- provide additional training for first-aiders to deal with injuries resulting from special hazards;
- consider additional first-aid equipment;
- provide one or more first-aid rooms;
- inform the local emergency services, in writing, of the site where hazardous substances or processes are in use.
Nature of the workforce
“The particular needs of young workers, trainees, pregnant workers and employees with disabilities or particular health problems, where known (eg asthma, diabetes, peanut allergy, epilepsy or a history of heart disease), should be addressed (noting other relevant legislation accordingly). It is essential that adequate provision is made to cover all times people are at work. Employers therefore need to ensure there is cover for annual leave or holiday and other planned absences of first-aiders or appointed persons. Employers should also consider what cover is needed for unplanned and exceptional absences such as sick leave or special leave due to bereavement.”
First-aid provision for non-employees
These Regulations do not require employers to provide first aid for anyone other than their own employees. However, many organisations, such as schools, places of entertainment, fairgrounds and shops, provide a service for others and it is strongly recommended that employers include non-employees in their assessment of first-aid needs and make provision for them. This may require firstaiders to receive additional training above the legal minimum requirement so that they are able to act competently, for example additional training in paediatric first aid if operating in a school. First Aid for Life offers EFAW and FAW training, including paediatrics if required, specifically tailored to your working environment.
Records
RIDDOR 33
“All employers, self-employed people and people in control of work premises have duties under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). They must report certain work-related injuries, cases of ill health and dangerous occurrences. HSE will pass details to the relevant enforcing authority. RIDDOR applies to all work activities but not all incidents are reportable.”
It is also advised that people have an accident report book in which they record all incidents, this must be stored in line with the Data protection Act
First Aid equipment should be suitably marked and easily accessible and made available in all places where working conditions require it. The location of the equipment should be clearly displayed and communicated to all staff.
Additional training needs
When arranging FAW or EFAW or other equivalent training, employers should let the training organisation know of any particular hazards at their workplace so training can be tailored to meet those needs.
HSE strongly recommends that first-aiders undertake annual refresher training during any three-year FAW/EFAW certification period.
Employers should also encourage first-aiders to regularly review their course manual and any other instructional materials and allocate them time to do this. It will further help to maintain their first-aid skills.
Regulation 4
Duty of employer to inform his employees of the arrangements made in connection with first-aid
An employer shall inform his employees of the arrangements that have been made in connection with the provision of first-aid, including the location of equipment, facilities and personnel. Information for employees
Regulation 5
Duty of self-employed person to provide first-aid equipment
There is a legal requirement for a self-employed person to provide, or ensure provision of, adequate and appropriate equipment to administer first-aid to himself while he is at work.
For further information, please contact emma@firstaidforlife.org.uk firstaidforlife.org.uk, www.onlinefirstaid.org.uk or call 0208 675 4036
Hi
Should i be paid for being a first aider? I have the role of the only first aider for my employer and responsability.
Dear Marina, there is no requirement for your employer to pay you to be the first aider and there is no obligation for you to accept the role. It is a voluntary position, although some employers choose to offer a financial incentive for people to do this for them.
Good morning.
Where can i find the guidance regarding the first aider role to be voluntary.
On the HSE website
We have 900 Pupils, age range of 11-18, and 450 staff within a College, could you tell me how many Full First Aiders we would need. We also have several taken Emergency First Aid at Work (level 2 & 3), first aid for sports & emergency first aid for sports injuries.
Dear Sharon, Thank you for getting in touch. As a school you need to comply with HSE and Ofsted requirements. The HSE legal requirements are particularly related to the number of employees within the school, rather than the number of pupils. Please find my detailed article from the British Journal of School Nurses explaining the legal obligations for schools around first aid. There is also a video about this on our Facebook page. Please email emma@firstaidforlife.org.uk and we would be delighted to send through more information too.
First Aid requirements in Schools
Hallo I work in a school and My headteacher has told me I have to train to be a first alder. I am really uncomfortable with this and it is not something I wish to do. I have been at the school 9 years and it is not in my contract. Can I say no.
If it is not in your contract and you are not happy to be a first aider, then you should speak with your headteacher and let them know.
I work in a restaurant late into the evening with two other people sometimes just one other. None of are first aid trained is this legal?
There is a legal requirement for someone to have undertaken a risk assessment and made appropriate provision for first aid cover.
How long do you legally have to keep the first aid records of incidents in a school?
until the child is 21
If somebody does not have a relevant qualification or their certificate has expired are they allowed to give first aid?
It is up to the employer to make appropriate arrangements and provision for first aid training and ensure appropriate training is in place. It is up to the individual only to undertake first aid at a level they are trained and competent to deliver.
Hi,
As an employer in a company with more than 25 employees, we have 4 EFAW trained employees. We assessed this was sufficient but, is there a requirement to have a FAW trained person?
Many thanks,
Dear Laura, It is about making appropriate provision, so the assessment is down to you. However, the guidance is that for more than 50 employees in a low risk environment, so the EFAW courses should be fine. Delighted to help if you need any further training. Best wishes Emma
I,ve had a first aid at work Certificate for many years and was of the understanding that first aid at work is the certificate staff must have. Instead however my employer is trying to put us on a one day course instead of the usual two day refresher. Can you please advise?
Dear Alan, the 3 day FAW used to be the only regulated course recommended by the HSE for first aid at Work. 3 years ago they introduced the one day EFAW accredited course – which is excellent for low risk businesses of less than 50 employees, or to assist the FAW trained staff in larger businesses.
The standard EFAW course does not include head injuries, asthma or heart attacks – we routinely include those in our one day course as they are extremely important topics.
Best wishes Emma
Dear Emma
Please could you assist me. We are a small company of about 14 employees. We have 4 office based staff and 10 ware house based staff. We do not work with dangerous chemicals in the warehouse, it is the packing of metal nuts and bolts. We have a forklift that is used by a trained person. Under these circumstances is it necessary to have a first aider by law? We are trying to find out when it is a requirement by law to have a first aider and does the type of business up the requirement, or the age of the employees?
Many thanks for your help in this matter.
Dear Candace
Lovely to hear from you and very happy to help. There is a legal requirement from the HSE that you make appropriate first aid provision for your employees. It is up to you to do a risk assessment, but the guidance is that if there are less than 20 employees in a low risk environment that it is sufficient to have an Appointed Person available for first aid provision available at all times – including absence of any sort. If there are more than 20 employees, you should have an EFAW first aider. One of our online first aid courses is ideal training for an Appointed Person. Best wishes Emma
Hi, I am a Security guard.
I have found out that the SIA have now declared it mandatory for all license holders to be first aiders.
Can they legally inforce this.
I hate the site of blood and dont want to do it.
Can my employer include in my “contract and terms of of employment” a clause that includes a requirement to be a “first aider at work”. I in the Estates Department for a large college in central Scotland.
Dear Brian, As far as I am aware, being a first aider is a voluntary role and should not be enforced upon anyone. Incentives can be given to encourage someone to volunteer to be appropriately trained and provide cover. In Schools it is always a voluntary role. Best wishes Emma
Where an employee refuses first aid, and insists on attending hospital for their own treatment, that they insist they are capable to drive, ie as don’t want to leave car, look to be visibly fine, even though the employer offers to bring them several times, is this acceptable?This is after the employee has displayed no obvious issues, and the injury is contact?
Thank you for your message. A first aider should always gain consent before administering any treatment and abide by the casualty’s decision if they refuse to be treated. If you honestly felt the person was not able to give informed consent and were worried about their well-being then contact the emergency services and they will make the most appropriate decisions concerning the casualty. It sounds like this was not the case in this instance – the casualty has the right to refuse treatment and this should be clearly documented on the accident form.
We run serviced offices and have many different companies/tenants working within our building. As we are landlords rather than employers is there a requirement for us to provide first aid to tenants? Thank you
We run serviced offices and have many different businesses/tenants on site. As we are landlords, rather than employers, is there a requirement for us to provide a first aider in the building? Thank you
Dear George, Thank you for your message. The HSE stipulate that everyone has a legal requirement to make appropriate first aid provision for their business. If you run serviced offices, you can insist that all businesses within your remit have made appropriate provision for their employees, however you also need to ensure you comply with the HSE for your staff too. This is necessary even if you were a sole trader.
Can you please give me a run through of the recent changes made to the HSE first aid at work guidance am trying to find information relating to this but cant seem to find information with just the recent updates included
Dear James – there haven’t been any major changes recently – other than supporting blended learning for First Aid at Work (we are one of very few providers offering this) and recently they have produced an update including Mental Health First Aid – to ensure businesses undertake an assessment and training on this too.
Hey, I’m a first aid EFAW in a company of 10 people, I want to know if I can get extra pay in wages to have this qualifications and responsibility. Thanks
Any extra payment is entirely discretionary
Hi Please can you advise under the data protection directive for sensitive personal data how can a First Aider knows for sure if someone has an underlying health issue or a pacemaker (i.e. when using a defib) as HR are the only people who have this information?
Dear Tamsin, it would be up to the individual concerned if they decide to share their medical information. There is no legal requirement for them to do so.
Hi we work in a hgv/lgv garage we have been put on shift after 6 there is no one trained in first aid and 1 person working in a separate building can we refuse to work the late shift the only way we can get help if anything did go wrong is 999
Hi, my son in law’s employer interrupted his lunch break unannounced and told him that he has been booked on a 1st aid course lasting 3.5 hours that afternoon (overrunning his normal finish time) and that he has to pay £50 for the course out of his wages. Can they do that legally?
It sounds a little unkind, he should speak with his employer as it will depend on his contract. Most employers cover the cost of the course and some offer an additional incentive for their team to have the first aid responsibility.
Hi
There is a workshop that has had a number of work areas erected (pods) for sub-let. We currently have our model maker located in one of the pods. On our visit we were informed they had a first aider, however, it turns out they do not. Are the owners, who work there also, responsible for providing the first aid cover.
Dear Steve, there is no official guidance on this. It should be specified in your lease as to who is responsible for first aid. However, it is ultimately your responsibility to ensure the Health and Safety of your staff and so I would strongly ensure you make your own preparations and first aid cover, even if the workshop claims to have first aid cover in place.
Hi, does a workplace have to have a nominated first aider if the workplace has qualified nurses working there? Nurses don’t automatically have first aid training so would there be a requirement under HSE for first aid training. Many thanks
Dear Claire, thank you for your message. The nurses would need to have some first aid training to be competent giving first aid in an emergency. If there are less than 20 employees then one of our online courses would be sufficient. Best wishes Emma
Hi, I recently had chest pains and had an ambulance come to work, but it took 20 mins for a first aider to assist me, this is not right and I want to complain to my manager.. can I do this?.
Dear Darren, I’m sorry to hear that. It doesn’t sound ideal, I suggest you raise a complaint or concern so that your company can move forward in a safer way. Best, Emma
does a first aider have to stay at the hospital until the injured person as been seen too? Also if there is 2 injured people can one first aider stay with them both by themselves
The first aider is under no obligation to accompany the injured person once you have handed over to the emergency services. Although it is kind to accompany them if they would like you to do so.
Hi Emma, been trying to determine what treatment or Non-tretmant as it may be classed, defines first aid at work?
I realise that my question is ambiguous but administering tablets or medicines is not first aid. where can you find a complete definative explanation of what first aid treatment is
Dear Mark, the best place to find answers to this is https://www.hse.gov.uk/firstaid/.
We are a large organisation with a lot of first aiders but how or what kind of system can we pt into place to summon help if needed, no one seems to know who is a first aider and who isn’t and how to contact/get a first aider should one be required
Dear Sarah, thank you for your message. There should be someone centrally in charge of all the first aid qualifications and ensuring that everyone has the right qualification and that it is in date. Legally there should be clear signage indicating to staff who is first aid trained, how to locate them and where the nearest first aid box can be found. The location of AEDs should also be signposted. Best wishes Emma
Is a FA certificate valid from one employer to the next? I have a FA certificate, trained under and issue by employer 1. I am now taking a new position with employer 2. Is my FA certificate valid and counts at my new work place?
Dear Julie, you are certified as a first aider as an individual irrespective as to who you are working for – unless the required risk assessment for your new position deems that you need a higher level qualification to operate as a first aider for them. It is you that has been awarded the qualification, not your employer. Best wishes Emma
We currently have two offices, with 20 employees at one site and 9 at the other. The bigger office has two two people trained in first aid and fire marshalling. At the other office we have one of each. Is it a legal requirement to have secondary people at the smaller office, in case of holiday?
It is up to your business to undertake a risk assessment and make appropriate first aid provision for both sites. At the very least they need an Appointed Person and first aid kit. There needs to be an appropriately trained person responsible for first aid at all times on all sites. Hope that helps, best wishes Emma
Please can you tell me how long should First Aid Records be kept for in a Primary School?
It used to be 3 years after the child’s 18th birthday, this may have changed with recent GDPR laws.
My partner works for a small company (5 employees including himself). They have an office in a large innovation centre shared by lots of other businesses.
This past week, with Coronavirus ramping up, all of the other businesses have shut down and are working remotely. My partner has been informed that he has to come into work to complete a multi-million pound project for a well known Swedish furniture manufacturer.
My question is – his company doesn’t have a designated first aider and with all the other companies shut down, there isn’t one in the building. Is he legally required to stay at work if there is no first aid cover?
Dear Claire, thank you for your message. With a group of just 5 employees, your husband just needs an Appointed Person to be responsible for the team. Our online first aid courses can provide him with an Appointed Person qualification https://onlinefirstaid.com/our-courses/first-aid-for-work-emergency-first-aid-at-work/ Best wishes and stay safe at this extremely difficult time Emma
Hi Emma, I am a commercial Landlord of 20 serviced offices leased to different businesses. I do not have any employees. I have a first aid box located centrally. Am I legally required to have a first aider on site?
You legally need to have appropriate first aid cover. This can just be someone as an Appointed Person
We are a medium/large company with 125 employees and have approximately 25 first aid personnel. Do we have to display First Aid Certificates or can we just file them away in the individual employee files?
You need to state who your first aiders are and where to find them. No need to display their certificates. Please let us know if we can help with any of your first aid training?
what is duties of safety and health practitioner in implementation first aid in workplace ?
Hi I work in a multi academy school and senior custodians get paid at some of the schools and my school doesn’t pay the senior custodian is this allowed ?
Hi
Is it a legal requirement to replace all first aid equipment that has expired even if it is still sterile and serviceable or is it under discretion of the employer/first aider.
All expired equipment should be replaced as it may no longer be fully sterile. It does not need to be disposed of, but can be given to staff for home use, providing they understand that it has expired and is no longer serviceable at work.
Hi, I am the MD of a small company of 5 – 6 employees. The certified First Aider is job share and works only 2 days a week.
My problem is that none of the other employees will agree to taking a First Aid course which really disappoints me but It appears I cannot enforce this.
What is the answer?
You do have a legal requirement to make appropriate provision for first aid. This can be Appointing someone as an Appointed Person (it can be you!) and ensuring they receive appropriate training. This can be one of our online courses
My work place never as plasters, eyewash first aid box is never full got hardly anything in.it probably only time it gets filled is when they get visited by h+s . and it takes them a while to come to you, and also can never find them they go on break together, are they breaking the law .
With the Duty of Care for First Aiders, Should a First Aider stay with the patience, until proper Trained Paramedics arrive ?.
Dear Emma,
I’m working for a company since 2018, last year they asked me if I want to be a first aider, because I like to help I said yes. Now my question is can I request not to be first aider anymore?
It should be your right to volunteer or not, to be a first aider. However, as you previously volunteered, your contract and Terms and Conditions may have been changed to reflect that. Speak with your employer to check.
Dear Emma,
We have a firts aider on site who gives in appropriate advice to employee’s that need it and contradicts advice given by our on site occupational health advisor,can we stop him working as a first aider ?
It is up to you as a business, who you have as your first aiders. They should all be appropriately trained. It sounds like this individual may need to attend a further training course.
Hi we work in a hgv/lgv garage we have been put on shift after 6 there is no one trained in first aid and 1 person working in a separate building can we refuse to work the late shift the only way we can get help if anything did go wrong is 999
There is a legal requirement for someone to have undertaken a risk assessment and made appropriate provision for first aid cover.
Who is responsible by law to fill the accident book in is it the first aider
Can a disabled worker suffering pain in their back be refused by its employer to be a first aider? Can they use the excuses that potential they are prevent harm to the disable person by not allowing them to do the role, and secondly if they allowed the disabled person to be a first aider they could be potential put others at risk (I.e. the casualties)?