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Update on the review of the Health and Safety (First-Aid) Regulations 1981

May 2006

Certificate extensions (‘dispensations’)

This note is relevant to employers, first aiders in the workplace and training organisations offering first aid at work courses. It updates current guidance in paragraph 53 of the Approved Code of Practice and Guidance - First aid at work: The Health and Safety (First-Aid) Regulations 1981 (L74), and paragraph 19 of Appendix 1 in the guidance for first aid training providers – The training of first aid at work: A guide to gaining and maintaining HSE approval (HSG212). L74 and HSG212 will be amended as appropriate when reprinted. HSE has consulted on this issue with the management board of the First Aid at Work Council.

Currently, HSE receives a large number of requests for ‘dispensations’ where a first aider is unable to undertake a first aid at work requalification course in the 3 month period prior to certificate expiry. The requests seek agreement from HSE to allow first aiders to requalify after the expiry date has passed and are considered on a case by case basis.

HSE now wishes to move towards a system of ‘certificate extensions’ which will take the place of ‘dispensations’. Requests for a certificate extension will not need to be referred to HSE. In practice, the new arrangements to be adopted are described in the following statement:

Employers should make every effort to ensure that first aiders with a current 3 year first aid at work (FAW) certificate attend a requalification course within the 3 month period prior to the certificate expiry date. However, where this has not been possible, HSE will allow extension of the certificate for 28 days beyond the expiry date, within which a requalification course should be completed. There is no need to contact HSE to request a certificate extension in such circumstances. During the extension period, HSE will continue to recognise the FAW qualification and the first aider will continue to be a suitable person that the employer can use for the purpose of providing first aid to employees.

Any first aider who is not able to complete a requalification course up to a maximum of 28 days after the expiry date of their 3 year certificate, will be required to retake a full 4 day FAW course. Anyone requalifying within a period of certificate extension will have their new certificate dated from the expiry date of the previous one.

This effectively gives a 4 month window within which first aiders can undertake a requalification course. However, employers should do all they can to ensure the course is completed before the first aid at work certificate expires.

The new arrangements will take effect from 1 June 2006.