An Update on the First Aid at Work Regulations 

Jon Allbutt, Health and Safety Consultant on all matters relating to Golf Clubs, provides up-to-date information on matters relating to First Aid in the workplace.

The First Aid at Work Regulations have remained unchanged since first introduced in 1981.  The accompanying Approved Code of Practice (ISBN 0-7176-1050-0 available from HSE Books 01787-881165) was revised in 1990 and 1997.  The Regulations set new minimum standards for first aid provision but also actively encouraged employers via the risk assessment process to assess their particular needs and, where appropriate, make additional provision.  The Approved Code of Practice also recommends that employers consider what reasonable levels of provision they may wish to make in respect of non employees who may be on their premises – a very significant factor for the amenity and leisure industry!

In 2003 the Health and Safety Executive commenced a review and a wide ranging industry consultation of the Regulations with a view to ‘evaluating whether they were still effective in meeting the needs of modern businesses’.  In 2007 we saw the first results of the review (www.hse.org.uk, click First Aid and follow the links) which contained some interesting results:

• ‘The Commission agreed with the recommendations that the first aid regulations and their approved code of practice were still fit for purpose while within this framework the structure and content of first aid training courses should be changed’.  This means that there will not be any fundamental changes to the Regulations or the Approved Code of Practice.

·         First Aid for Non Employees:  ‘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’.

• The Review proposes fundamental changes to the first aid training arrangements that currently require a prospective first aider to undertake a four day first aid at work course followed by a two day refresher course after three years. The new proposals (see chart) provide a more flexible approach for the employer.

In a recent announcement HSE has now set out the timetable for change:

‘HSE intends to introduce the changes to first aid training courses from 1 October 2009 so employer duty holders will need to implement them from this date.  Guidance on the changes to approval arrangements will be available for first aid training providers at an earlier date (see paragraph 8) to enable them to prepare for the new training course structure’.   

‘Detailed guidance for employers will be available as a revision of the current document produced by HSE: First aid at work - The Health and Safety (First-Aid) Regulations 1981 – Approved Code of Practice and Guidance (L74).  ‘Within this, it is only the guidance that is being revised, the Regulations and Approved Code of Practice will remain the same.  HSE also intends to revise its guidance for small and medium sized enterprises in First aid at work – your questions answered (INDG214).  Both publications will be available for 1 October 2009.  It is intended that L74 will continue as a priced publication and INDG214 will be available as a free leaflet that can be downloaded from HSE’s website’.

Do we need to provide AED (Defibrillator) units and other additional equipment?

I am regularly asked by golf clubs whether they should provide an advanced level of first aid response by staff.  In short the answer is ‘no’, there is no statutory duty to do so.  However the Regulations and Approved Code of Practice place a duty on the employer to carry out a risk assessment of first aid needs and actively encourage employers to consider whether they wish to provide advance resuscitation equipment (AED units, Oxygen, Ventilation equipment) and the appropriate training for employees.

In addition to the findings of a risk assessment a golf club may consider that as a matter of policy it wishes to provide this level of response for its members and guests.  In considering this issue a golf club needs to be aware of the cost of the equipment, the initial training, and also the re-training (at least once per year).

Over the years of advising employers on this issue we have recommended that in order to be able to provide an adequate level of response in an emergency there should be at least one certificated first aid person on duty whenever the premises are open for business.  In practice, this means having at least four qualified first aid staff to allow for leave, shift work, sickness etc. In addition we also recommend that other members of staff receive the one day Appointed Persons Training so that they can assist a first aider and know what to do in an emergency.

For further information contact Jon Allbutt, email: jon@jonallbutt.co.uk.