EMPLOYER LEGAL REQUIREMENTS

THE BASICS

- As stated by the UK Government Health and Safety Executive (HSE):

The Management of Health and Safety at Work Regulations 1999 place an obligation on employers to assess risks and, where necessary, take action to eliminate or control the risks
The Health and Safety (First-Aid) Regulations 1981 require employers to provide adequate and appropriate equipment, facilities and personnel to ensure their employees receive immediate attention if they are injured or taken ill at work
These regulations apply to all workplaces, including those with less than five employees and to the self-employed.

- It is a LEGAL DUTY of employers to have arrangements in place for administering first-aid to staff who are injured or become ill at work. This applies irrespective of whether or not the situation was caused, directly or indirectly, by the work itself.

- ‘Adequate and appropriate’ will vary from workplace to workplace. That’s why it’s essential to carry out a comprehensive assessment of first-aid needs on your premises (see section 2).

- Employers are also legally obliged to inform all employees of the arrangements in place for provision of first-aid, including the location of relevant equipment, facilities and personnel.

- While there is no legal requirement for employers to provide adequate first-aid responses for non-employees (including the public), HSE strongly recommends that all potential site visitors be included in your needs assessment and catered for accordingly.

PROSECUTIONS

- In the event of injury or sudden illness at work, employers failing to provide appropriate first-aid can be prosecuted by HSE. Prosecutions are likely in cases where there is shown to be:

significant risk to employees that was not suitably mitigated
disregard for established standards
persistent poor compliance with the law

SELF-EMPLOYED WORKERS

- Those who work from home in a self-employed capacity also have a legal duty to ensure appropriate first-aid equipment and facilities are present, to be administered to themselves in the event of an accident:

Low-hazard self-employment, such as desk-based paperwork at home, does not require the individual worker to provide anything beyond a basic first-aid kit suitable for general domestic use
Higher-risk self-employment, such as long-distance driving, may require the individual to keep appropriate first-aid equipment on hand at all times

- Self-employed workers in shared workspaces are responsible for their own first-aid requirements and duties. If an arrangement is made between a group, HSE advises that this be agreed in writing.

- More specific industrial first-aid legislation applies in a number of higher-risk sectors such as offshore work and diving, so make sure you’re familiar with the requirements for your industry.

RECORD-KEEPING

- 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. Any records made in reporting incidents must be stored in line with the Data Protection Act.

ASSESSING FIRST-AID NEEDS

- It’s vital that all employers undertake an assessment of first-aid needs in their work environment. The aim is to achieve a sound overview of the sorts of first-aid arrangements you might need in place on your premises.

- HSE advice notes that:

‘YOU as an employer are best placed to understand the exact nature of your workplace, and decide what you need to provide’
first-aid provision must be ‘adequate and appropriate in the circumstances’.

WHAT TO LOOK FOR

- Assessing first-aid needs in your business premises starts with careful consideration of the physical environment. What are the conditions like in the workspace? Are there any obvious hazards that are specific to that environment?

- Think about all aspects of the workspace that could contribute to an incident requiring a first-aid response. Pay especially close attention to:

any active machinery
chemicals and other hazardous materials
uneven or elevated floors and walkways
confined spaces
areas exposed to harsh weather conditions
electrical hazards
on-site traffic (e.g. warehousing or construction)
sharp or heavy implements
slipping or tripping hazards
any other potential sources of accident or injury

OTHER FACTORS TO CONSIDER

- You should also include an assessment of the types of work done on site, the size and nature of your workforce and its shift patterns, employee experience levels, and the likely impact of any holidays/absenteeism on the first-aid arrangements in place.

- Think more expansively about any other potential factors outside of the immediate workplace environment, including:

travelling, remote or lone workers
the proximity of your premises to emergency services and medical facilities
the arrangements in place for any shared occupancy sites
first-aid provision for site visitors, non-employees and the general public

- For additional guidance, research your company’s accident history to help assess the sorts of measures you may need to have in place.

ASSIGNING DUTIES

- In workplaces with more obvious or potentially dangerous hazards, it’s likely you’ll need a trained first-aider on site at all times.

- In standard offices, shops and other workplace environments free from any obvious hazards, it may be sufficient to provide access to a basic first-aid kit and assign a first-aid supervisor (an ‘appointed person’).

- In either case, one or more specific individual(s), depending on the size of the workforce, should be assigned direct responsibility for:

keeping first-aid kits fully stocked and easily accessible
calling the emergency services if required
arranging first-aid supervision cover for themselves when not in work
informing employees of any temporary backup or cover arrangements

- Appointing someone specific to take charge of first-aid arrangements at all times is a MINIMUM requirement in any workplace. In a relatively hazard-free environment, this person needn’t always necessarily have any specialist training.

FIRST-AID ARRANGEMENTS

THE KIT

- Keeping a fully-stocked (at all times) and accessible first-aid kit on site is the MINIMUM requirement, even in less immediately hazardous work environments.

- Larger sites may need more than one kit; injured employees or their colleagues should not have to move far from the accident location to access first-aid supplies.

- It’s paramount that an employer informs his employees of existing arrangements with regards to first-aid. Everyone on site must know:

what and where the arrangements and facilities are in the event of an accident
who is responsible for overseeing basic first-aid procedures and equipment

- There is no mandatory list of items that a properly stocked first-aid box must contain; it’s a case of common sense based on appropriate assessment of the working environment. Stocked items should reflect the outcome of this assessment.

- Suggested basics for a low-hazard environment kit include:

a first-aid guidance leaflet
individually wrapped sterile plasters in various sizes appropriate to the nature of work
sterile eye pads
individually wrapped sterile triangular bandages
medium sized sterile wound dressings
disposable gloves
safety pins

THE ROOM

- On larger, busier or more hazardous sites, your needs assessment may indicate it’s appropriate to provide a dedicated first-aid room. This should be centrally located, easily accessible to all, and supervised by a specific member of staff.

- Dedicated first-aid rooms should be:

in a convenient, easily accessible location for all employees
clearly signposted, to comply with regulation 4 of the Health and Safety (Safety Signs and Signals) Regulations 1996
open whenever people are at work
supervised at all times by a specific member of staff
large enough to fit in a medical couch and a chair, with space around it for examinations
clean, heated, well-lit and well-ventilated spaces with washable surfaces
plumbed with hot and cold running water
supplied with drinking water and cups
kept tidy, organised and free from obstacles
connected to a telephone, or have reliable mobile reception
located as close as possible to an access point for emergency services

- If a dedicated room cannot be assigned exclusively on a permanent basis, other activities taking place in the room should be minimally disruptive, interruptible at short notice, and use only furniture arrangements that can quickly be reconfigured to a first-aid setup.

APPOINTED FIRST-AIDER / TRAINING FOR FIRST-AID

ASSIGNING STAFF ROLES

- Only someone trained in first-aid is typically referred to as a ‘first-aider’. An untrained first-aid supervisor is usually called an ‘appointed person’.

- Depending on the overall level of hazard you’ve assessed in your workplace, the first-aid supervisor may or may not need to be a trained first-aider.

- As a MINIMUM, an appointed person must be on site at all times when people are working. This person is responsible for keeping the first-aid kit stocked and replenished.

FIRST-AIDERS vs. APPOINTED PERSONS

- If your supervisor is not trained in first-aid, their key duties in the event of an accident are:

to take charge when somebody is injured or becomes unwell at work
to be responsible for ensuring the injured or unwell party can access first-aid facilities and equipment
to find a trained first-aider if one is available
to contact the emergency services as necessary

- Appointed persons should not attempt any first-aid treatment beyond their level of training or experience.

- The findings of your first-aid needs assessment will dictate whether or not you need a qualified first-aider on site. If you do, appropriate training for the level you identify as necessary might include:

first aid at work (FAW)
emergency first aid at work (EFAW)
other first-aid training appropriate to the nature of the work and site

- EFAW training equips an individual to administer a general first-aid response in an emergency situation.

- FAW training equips an individual to administer a general first-aid response in an emergency, as well as to provide other first-aid treatments for a range of more specific illnesses and injuries.

- It’s always a good idea to send your trained first-aiders on annual refresher courses, to help keep them up to date with basic skills and aware of any recent changes to standard protocol.

HOW TO CHOOSE A TRAINING COURSE

- It’s the employer’s responsibility to ensure they’re happy with the level of training their first-aiders will receive. As an employer screening a potential training provider, be prepared to ask:

what the provider’s own qualifications are
what specific course will be taught, and how it’s structured
which QA processes are in place for assessing and measuring the impact of training
what qualifications, if any, trainees will receive
what workplace duties the trainee should be able to undertake as a result

- There are a great many training courses available for teaching first-aid in the workplace, ranging from nationally recognised and regulated qualifications in FAW and EFAW, to courses provided by voluntary services (St. John’s Ambulance, British Red Cross), and courses designed by independent providers.

HOW MANY FIRST-AIDERS WILL YOU NEED?

- The number of appointed persons or trained first-aiders you need will be determined by your workplace hazard assessment, the nature of work on site, and the number of employees.

- As a very general rule of thumb:

in low-hazard environments, at least one appointed person for workforces up to 25 people; at least one EFAW-trained first-aider per 50 people; at least one FAW-trained first-aider per 100 people
in higher-hazard environments, at least one appointed person for workforces up to 5 people; at least one EFAW -trained first-aider per 25 people; at least one FAW-trained first-aider per 50 people

USEFUL LINKS

HSE first-aid in the workplace FAQ (PDF):
http://www.hse.gov.uk/pubns/indg214.pdf

HSE case studies – scenario-based examples of first-aid needs assessments (PDF):
http://www.hse.gov.uk/pubns/casestudy9.pdf

Further HSE guidance on first-aid assessment processes (PDF)
http://www.hse.gov.uk/pubns/priced/l74.pdf#page=9

HSE guidance on first-aid equipment (PDF):
http://www.hse.gov.uk/pubns/priced/l74.pdf#page=17

British Standard BS 8599 Workplace First Aid Kit – St John’s Ambulance:
http://www.stjohnsupplies.co.uk/products/First-aid-kits/Workplace-kits/Large-BSI-compliant-kits/Large-Standard-workplace-first-aid-kit-St-John-Ambulance

General Health and Safety legislation:
https://www.britsafe.org/training-and-learning/find-the-right-course-for-you/health-and-safety-legislation-what-you-need-to-know/

The Management of Health and Safety at Work Regulations (1999):
http://www.legislation.gov.uk/uksi/1999/3242/contents/made

HSE poster – basic first-aid responses at work:
http://www.hse.gov.uk/pubns/books/first-aid-poster.htm

British Red Cross training courses – First-aid at work:
https://www.redcrossfirstaidtraining.co.uk/Courses/First-aid-at-work-courses-uk-mainland.aspx