Can legal action be taken against first-aiders?

Posted 12 years ago

We are not able to give any specific advice on this issue, but it is very unlikely that legal action could be taken against a first aider if they were using the training they had received.

Generally, it is recommended that you seek legal advice or advice from your employer’s insurance on whether or not their policies cover first-aider’s liability. However, there are some things to consider for the provision of first aid and the type of training that needs to be taken beforehand. So, let’s explore this in more detail.

Can I give first aid if I am not trained?

The importance of first aid training is outlined in the Health and Safety (First-Aid) Regulations 1981. Employers must ensure adequate equipment is provided, alongside facilities and personnel that provide employees with immediate attention should they incur injury or fall ill in the workplace.

The importance of first aid training is essential, as it provides your employees with the requisite skills and knowledge to be applied in the event of an emergency situation. The appointment of a first aider should only be confirmed once the appropriate training is given. Primarily, first aid should be provided by a competent trained person. In the event of staff absence, then the appropriate cover should be assigned to somebody with a good knowledge of first aid.

Discover more about the Health and Safety First Aid Regulations 1981 in our dedicated blog post.

Can an employee refuse to be a first aider?

Generally, as an employer, if a reasonable request is made to an employee to undertake first aid training, then it is a reasonable expectation that the employee complies with the request.

If an employee cannot undertake first aid training, due to a disability that prevents them from carrying out the required training, then you may need to make alternative arrangements to adjust how the training is delivered, so you are not liable legally under disability discrimination.

There may be other extenuating circumstances that mean an employee cannot undertake the required first aid training. If the training is held at an alternative location to the workplace and adjustments cannot be made for childcare or duty of care arrangements, then this may cause difficulties.

Essentially, the circumstances will be individual across different organisations and businesses, relevant to the circumstances of a designated employee.

What is a First Aider?

A first-aider is someone that has undertaken training to become a First Aider and should be able to provide a certificate of competence in:

First aid at work (FAW)
Emergency first aid at work (EFAW), or
Any other relevant training that is applicable to the training

Employers are responsible for deciding what level of training their First Aiders need. They will be able to assess this through their first-aid risk assessments. Emergency first aid at work allows someone to perform first aid if someone at work injuries themselves or falls ill. Whereas first aid at work builds on EFAW and allows the employee to apply first aid to various injuries/illnesses.

First aiders are recommended to refresh training annually in order to keep their skills up to date.

Certificates for FAW last for 3 years. First aiders will need to take a whole new course before their previous certificate expires in order to renew their training. Allowing your certificate to expire means that you are no longer allowed to act as a first aider.

How to choose a first aider?

Aside from adequate training, you should designate first aid responsibilities to an employee who is reliable, can act calmly in a pressure situation and is able to communicate effectively without causing further panic.

These skills are essential for first aiders to ensure that they can carry out the following responsibilities safely and appropriately:

Adequate care for employees with minor injuries or illnesses.
Calling an ambulance during an emergency.
Immediate care and attention provisions for a serious incident.
Full accountability for first aid equipment and facilities.

How many First Aiders should I have?

Unfortunately, there is no exact answer to this question. Once an employer has completed their first aid risk assessment they may get a better idea of just how many first aiders they need. They will need to take in the particular requirements of their specific workplace and employees.

The HSE provides rough guidance on how many First Aiders you should have in your workplace.

What is First Aid Appointed Person Training?

Our First Aid Appointed Person Training provides an awareness education on First Aid and face to face training would need to be undertaken to actually receive your first aider qualification.

The course provides information to explain the appointed person’s first aid roles and duties and look at the accident record book and how first aid is handled at your workplace. It also looks at dealing with emergencies and what needs to be done in these situations.

We also have a First Aid Requirements in the Workplace (including RIDDOR) Training course. This indicates the need for a first aid-appointed person and explains the benefits to your workplace.

Like the sound of our training courses? Contact us today and discuss all the options we have available. At iHasco, we can help train your employees to ensure your organisation is compliant with first aid.