Health and Safety
Executive / Commission
First Aid at work
December 2005
During the years 2002-2004, HSE’s Infoline received over 20,000 enquiries on first aid topics, including over 1000 on first aid for members of the public. The Health and Safety (First-Aid) Regulations 1981 place a duty on employers to provide adequate first aid equipment, facilities and personnel to their employees. However, this obligation under these Regulations does not extend to non-employees, including members of the public. Similarly, there is no requirement to cater for the first aid needs of the public under the Health and Safety at Work etc Act 1974. In the Act, first aid is included under ‘welfare facilities’ to be made available to ‘persons at work’. However, many undertakings such as schools, places of entertainment, fairgrounds and shops etc, offer a service to others. In its guidance, HSE strongly recommends that employers include non-employees in their assessment of first aid needs and make provision for them (1-4).
The review of the First Aid Regulations included examination of the extent to which employers already cater for the first aid needs of the public and whether this should remain voluntary or should be made a compulsory requirement. The findings from this work are shown below, followed by a statement of HSE’s position.
The Casella Winton research that informed the first phase of the review, found that the majority of respondents considered non-employees/ members of the public when assessing their first aid needs (5). Employers in workplaces where there is a large public presence, for example airports, shopping centres and places of entertainment, generally made first aid provision for them. This was seen as being of mutual benefit to both employers and the public. Indeed, such organisations may feel they have a ‘moral obligation’ to cater for the first aid needs of the public and in turn this might help create a positive public image. There was also a perception that failure to deal with injury or illness to members of the public could have a negative economic impact. In smaller businesses where resources are limited, first aid provision for non-employees may not be feasible.
For the second phase of the review, HSE issued a Discussion Document that included a question about whether employers should continue to cater for the first aid needs of the public on a voluntary basis or whether this provision should be made compulsory (6). The majority of respondents were in favour of maintaining the current position. In analysing the views of stakeholders, HSE concluded that there was already a good voluntary response, especially in sectors dealing with large numbers of the public (7). In addition, moving to a compulsory regime would require a change to primary legislation and it would place an unreasonable burden on small businesses. First aiders were concerned about litigation to the extent that some would reconsider volunteering to undertake their duties if they were obliged by law to provide first aid to the public. The Health and Safety Commission agreed with HSE’s recommendation to continue with a voluntary approach (8).
Following the review of the First Aid Regulations, HSE will not be seeking to make provision of first aid for the public a compulsory requirement for employers. In its guidance, HSE will continue to strongly recommend that employers should consider the public when conducting their first aid needs assessment and provide first aid for them. This is particularly important where a workplace has a large public presence such as educational establishments, places of entertainment, fairgrounds and shops etc. There is already a good voluntary response at such sites although by highlighting the issue, HSE hopes to encourage even wider application.
In addition to its general guidance on first aid at work (1-4), HSE also produces more specific guidance, which incorporates first aid, in relation to specific activities/ sectors where there might be a large public presence. This includes information and advice for the organisers of large events (9), and for those in charge of swimming pools (10), fairgrounds and amusement parks (11) and care homes (12). This guidance, which is periodically reviewed, encourages employers to include non-employees in their first aid provision. Other government departments also produce relevant guidance. For example, the Department for Education and Skills produces guidance on first aid provision in schools (13).
In England and Wales, certain public entertainment venues may require a licence from a local authority. If it was considered appropriate, the local authority could make it a condition of granting a licence that adequate first aid cover is arranged for all those attending such an event. In Scotland, the Civic Government (Scotland Act) provides local authorities with a power to licence places of public entertainment. They could also make it a condition of a licence that suitable first aid facilities were readily available at the location. If you need any further information on this, please contact your local authority or council.
If you have any queries or concerns about first aid at work, please contact HSE Infoline for further information on tel: 0845 345 0055, fax: 0845 408 9566, e-mail: hse.infoline@natbrit.com.