first aid Archives - The Compliance People

All employers have a legal duty to make ‘appropriate’ first aid provision in the workplace. Deciding what is ‘appropriate’ will vary greatly depending on a number of factors including the number of employers, nature of the workplace and the hazards present. The Compliance People Consultant, Jonathan Teale looks at the responsibilities for employers with respect to the provision of first aid.

DO I NEED TO PROVIDE FIRST AID FOR NON-EMPLOYEES?
Employers are not strictly required to make first aid provision in relation to non-employees, though the HSE strongly advises employers to include consideration of members of the public where the employer is providing services to members of the public on its premises.
WHAT IS A ‘FIRST AID NEEDS ASSESSMENT’?
This is simply a risk assessment to determine what first aid provision should be made. All employers should consider what first aid provision should be made. On a simple, low risk site (e.g. an office), this can be included within the general risk assessment for the site. On a more complex site with significant hazards, it may be beneficial to complete a separate dedicated risk assessment to consider first aid needs.
WHAT IS THE DIFFERENCE BETWEEN A FIRST AIDER AND AN APPOINTED PERSON?
A first aider is an individual who has been trained to administer first aid. There are two levels of training provided: ‘First Aid at Work’ is the full first aid course typically lasting 3 or more days. ‘Emergency First Aid at Work’ is a shorter condensed course lasting 1 day. Refresher training is generally completed every 3 years.

In the past, first aid trainers had to be accredited by the HSE, but this ceased in 2013 (i.e. the training provider no longer needs to be accredited by the HSE)

An appointed person is an individual who is appointed to contact the emergency services in the event of an accident in which emergency medical assistance is required. An appointed person is not expected to administer first aid and does not need to complete training.
HOW MANY FIRST AIDERS DO I NEED?
There is no legally specified number of first aiders, but the HSE’s Approved Code of Practice provides recommended minimum number as follows:

Lower risk sites (offices, shops, etc):
- Fewer than 25 employees: at least one ‘appointed person’.
- 25-50 employees: at least one ‘emergency first aid at work’ trained person.
- More than 50 employees: at least one ‘first aid at work’ trained person per 100 employees (or part thereof).

Higher risk sites (manufacturing, construction etc):
- Fewer than 5 employees: one appointed person.
- 5-50 employees: at least one ‘emergency first aid at work’ trained person.
- More than 50 employees: one ‘first aid at work’ trained person per 50 employees (or part thereof).

An employer can provide fewer than the above recommended number, but the employer should be able to demonstrate why this is acceptable in the first aid needs assessment.
WHAT SHOULD BE IN A FIRST AID KIT?
There is no mandatory list of contents for first aid kits, but the HSE’s Approved Code of Practice does provide suggested minimum contents. The exact provision should depend on the size of the site, number of employees, and nature of hazards present. (See HSE Guidance L74 Appendix 2 here).

There is no requirement to provide a First Aid room, but the Approved Code of Practice does provide additional recommendations concerning stocking of a First Aid room where provided.
WHAT DO THE REGULATIONS SAY ABOUT MEDICATION?
First aid training does not cover administration of medicines and first aiders do not administer medicines (except in some cases aspirin following a heart attack). Therefore, first aid kits should not generally include medicines. However, it is acceptable for employees to provide their own medicines on site for personal use.
WHAT OTHER FIRST AID PROVISION SHOULD I CONSIDER?
On sites where there is a risk of chemicals or particles entering the eye, eye wash stations should be provided.

On sites where somebody may be inadvertently covered in a hazardous chemical, an emergency shower(s) should be provided close to the area(s) where the risk arises. Remember to flush the shower(s) periodically to ensure that it remains functional and as a legionella control.

Other products may also be provided to help neutralise exposure to caustic chemicals (e.g. calcium gluconate gel for exposure to hydrofluoric acid). Make sure that employees know where to find special equipment.

Burns kits may be provided in areas where employees are at risk of burns.

Sites providing healthcare may have special response kits in case of needlestick injuries, to minimise to risk of transmission of infectious diseases following a needlestick incident.
DO I NEED TO PROVIDE A DEFIBRILLATOR?
There is no legal requirement to provide defibrillator. However, use of a defibrillator in the first minutes after a heart attack significantly improves the person’s chance of survival. (As auditors, we have visited a number of sites where defibrillators have saved lives). These days, most defibrillators provide a recorded voice telling the user exactly how to use the equipment, removing the need for specialist training (though training can be completed to provide additional confidence).

In conclusion, here are some key points:

The level of first aid provision you should provide depends on the number of employees you have and the hazards in your workplace.
First aid provision must be sufficient to cover employees, but is not required to cover non-employees. However, the HSE recommends that employers consider providing First Aid to members of the public where the employer is providing hospitality to the public on its premises.
The law does not specify the exact number of first aiders you should have but the HSE does provide recommended numbers.
There are two levels of First Aid training: First Aid at Work (usually 3+ days) and Emergency First Aid at Work (1 day). The level of training required depends on the number of employees and risk profile of the workplace.

There is no legal requirement to provide a defibrillator, but many employers are increasingly choosing to do so. Use of a defibrillator within the first few minutes of a heart attack significantly improve a person’s chances of survival.

If you need more help, why not get in touch with us? – Our professional team of consultants offer independent, periodic compliance evaluations for both environment and health & safety.

The Compliance People Consultant Hannah Williams outlines the key elements of a good quality legal register that aligns to the relevant requirements of environment, occupational health and safety, and energy management system Standards: ISO 14001, ISO 45001, and ISO 50001.

A legal register is a form of document or system that details legislation that an organisation has to be compliant with due to the activities it carries out. The legal register might only contain legislation of a certain type, for example, environmental or health and safety legislation. The range of laws that apply can vary greatly depending on the type and size of an organisation and the industry it works within, as well as depending on where it is based.

Legislation is published by the Government on a daily basis through new Acts and Regulations, in addition to existing laws being amended, revoked or repealed. If a legal register is kept up to date, either automatically through a subscription service or manually, then this provides the organisation with important updates to legislation that may mean they have to implement changes in practices in order to ensure they remain compliant.

The legal register becomes an important resource for an organisation for reference to what they must be doing in order to ensure compliance with legislation. The alternative would be to search for relevant legislation each time an issue arises which would be extremely time-consuming and inefficient. It would also be difficult to know if the legislation found through searching the internet was the most recent version or if it had been replaced by other regulations.

It is of great benefit to a company if the legal register does not just provide a list of titles of legislation, but also summarises each entry in terms of what compliance duties the legislation sets upon organisations. This then provides a greater understanding of compliance and what activities need to be conducted and the processes need to be put in place to ensure compliance within the organisation.

It should be noted that unfortunately one size doesn’t fit all when it comes to legal registers. There isn’t a standard legal register that can be applied to any organisation, or it certainly isn’t best practise to have a legal register like this. As all organisations are different, the register should be bespoke to them and contain just the relevant legislation that applies to them and their activities.

For companies that are certified, or are aiming to become certified, to management system standards ISO 14001 (environment) and ISO 45001 (occupational health and safety) there are requirements under Clause 6 of each Standard around compliance obligations.

‘An organisation shall determine and have access to the compliance obligations related to its environmental aspects; determine how these compliance obligations apply to the organization; take these compliance obligations into account when establishing, implementing, maintaining and continually improving its environmental management system.

An organisation shall maintain documented information of its compliance obligations.’

ISO 45001: Clause 6.1.3 Determination of legal requirements and other requirements

‘The organisation shall establish, implement and maintain a processes to determine and have access to up-to-date legal requirements and other requirements that are applicable to its hazards, OH&S risks and OH&S management system, determine how these legal requirements and other requirements apply to the organisation and what needs to be communicated, take these legal requirements and other requirements into account when establishing, implementing, maintaining and continually improving its OH&S management system.

The organisation shall maintain and retain documented information on its legal requirements and other requirements and shall ensure it is updated to reflect any changes.’

As you can see, the term ‘legal register’ is not actually used within the Standards themselves. In fact the two Standards differ in the language they use, with ISO 14001 using ‘compliance obligations’ and ISO 45001 using ‘legal and other requirements’. The term legal ‘register’ however has become the standard terminology for what the Standards require. It certainly is one of the best ways an organisation can maintain documented information of its compliance obligations and greatly help them meet the requirements of clause 6.1.3.

What do the Standards actually require organisations to do for this clause? Put simply, a company must have a process that identifies and gives them have access to the applicable regulations, based on the activities they carry out. This must be kept up to date and be considered throughout the whole management system. Therefore, this equates to a legal register!

For more information on what exactly a legal register is and why your organisation needs one, be sure to check out our bitesize webinar.

The Compliance People Consultant Dave Almond looks at how companies can continue to maintain first aid cover in the workplace during the current crisis.

The Covid-19 virus pandemic and government measures to reduce the spread of the virus are having some impact on the provision of first aid in the workplace. This article offers some guidance on what businesses can do to maintain cover.
First Aid needs assessment
The starting point with first aid cover for a business is to examine the risks of injury or harm and the types of first aid treatment that may be needed in your own workplace, what you already have in place, and whether there are any additional steps you need to take. This is usually documented in a first aid needs assessment. The Health and Safety Executive (HSE) provides guidance on this.

The Covid-19 pandemic may well have change some of the risks, particularly with the need to maintain social distancing measures and the likelihood that there may be less staff in your workplace due to home working or shielding of high-risk staff. This may affect the number of first aiders you have available. If you have less people on site and less activities taking place, some of your risks may be lowered. Equally, if you do not have enough first aid cover, you may need to consider reducing some of your activities in the short term. It is also important to check your emergency plans which are likely to be linked with your first aid arrangements.
Trained first aiders
There may be less first aiders actually in work so check there are sufficient and that they hold suitable qualifications. Where these are set to expire, the HSE has provided guidance on how you may qualify for a 3 month extension for first aid certificates. It also gives advice on first aid training interrupted by the pandemic.

The HSE advise that it may be possible to share first aiders with another businesses. So if you are on a shared site it may be possible to work together with other companies to actually share some first aiders. There will obviously be some steps needed to work together with other businesses to assess any added risks this may bring into play and how you will manage these.
Provision of first aid
Regular checks on first aid supplies and equipment e.g. defibrillators should be maintained, and ensure that arrangements for communicating first aiders names / contact details are updated and made available to your employees. It would also be sensible to provide guidance to your first aiders should they be required to give first aid to a casualty during the current crisis.

A number of organisations have provided guidance for first aiders including St. John Ambulance. Their guidance includes a five-step process giving consideration to cross contamination and managing the risks to both the first aider and the casualty.

With social distancing measures in place, first aiders may be unsure about carrying out CPR (cardiopulmonary resuscitation) particularly if giving rescue breaths. The Resuscitation Council (UK) have emphasised how important it is to do CPR in cases of cardiac arrest, as the person will die without treatment. While the risks of cross infection associated with giving rescue breaths are normally low, the organisation has issued a video on how to carry out CPR/ defibrillation during the COVID-19 outbreak in an out of hospital situation such as the workplace.

So now is certainly a good time to review your first aid needs assessment, as well as providing clear advice to your first aiders in case they do need to treat a workplace casualty in the short term.

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