It is important that you or one of your employees has relevant and recent first aid training to ensure immediate action can be taken in the aftermath of an accident. The HSE has some guidance that you should be aware of.
In the event of injury or sudden illness, failure to provide first aid could result in a casualty’s death. The employer should ensure that an employee who is injured or taken ill at work receives immediate attention.
HSE will prosecute in cases where there is a significant risk, a disregard for established standards or persistent poor compliance with the law. More information can be found in HSE’s Enforcement Policy Statement.
Employers’ legal duties
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.
What is ‘adequate and appropriate’ will depend on the circumstances in the workplace. This includes whether trained first-aiders are needed, what should be included in a first-aid box and if a first-aid room is required. Employers should carry out an assessment of first-aid needs to determine what to provide.
The Regulations do not place a legal duty on employers to make first-aid provision for non-employees such as the public or children in schools. However, HSE strongly recommends that non-employees are included in an assessment of first-aid needs and that provision is made for them.
Further guidance can be found making adequate and appropriate provision for first aid in ‘First aid at work: The Health and Safety (First-Aid) Regulations 1981 – Guidance on Regulation.’
Assessment of first-aid needs
Employers are required to carry out an assessment of first-aid needs. This involves consideration of workplace hazards and risks, the size of the organisation and other relevant factors, to determine what first-aid equipment, facilities and personnel should be provided. ‘First aid at work: your questions answered’ is a free HSE leaflet, which contains a useful checklist covering the points employers should consider when carrying out the assessment.
Application of the Regulations 1981 to self-employed workers
If you are self-employed you are required to ensure you have such equipment, as may be adequate and appropriate in the circumstances, to provide first aid to yourself while at work.
You should make an assessment of the hazards and risks in your workplace and establish an appropriate level of first-aid provision. If you carry out activities involving low hazards (e.g. clerical work) in your own home, you would not be expected to provide first-aid equipment beyond your normal domestic needs. If your work involves driving long distances or you are continuously on the road, the assessment may identify the need to keep a personal first-aid kit in your vehicle.
Many self-employed people work on mixed premises with other self-employed or employed workers. Although you are legally responsible for your own first-aid provision, it is sensible to make joint arrangements with the other occupiers and self-employed workers on the premises. This would generally mean that one employer would take responsibility for first aid for all workers on the premises. HSE strongly recommends there is a written agreement for any such arrangement.