CHAPTER 1 - INTRODUCTION

1.             It is the policy of the Health and Safety Commission (HSC) and Executive (HSE) that all health and safety legislation is reviewed and evaluated to ensure it continues to meet the purpose for which it was enacted.

2.             This Discussion Document seeks your views on the future shape of legislation on first aid in the workplace. It describes:

·         current legislation and how HSE administers it;

·         the findings of recent research into the current legislation;

·         opportunities and challenges to change in the regime; and

·         invites your comments.

3.             To inform this review, HSE commissioned research to look at the effectiveness of the Regulations and the current regulatory regime. The research has illuminated many areas and raised questions that we seek to explore further through this Discussion Document.  The research report, prepared by Casella Winton, was published in January 2003 and is a priced publication available from HSE Books. It can also be downloaded free of charge from HSE’s website at: http://www.hse.gov.uk/research/rrhtm/index.htm.

4.             This is the first full review of The Health and Safety (First-Aid) Regulations 1981 (FAW) [1] .  A review is timely because in the years since FAW came into force there have been many changes in workplaces and the type and patterns of work that people do. This period has also seen a substantial increase in the number of small businesses. Health and safety regulation is also being modernised and we believe it appropriate to consider whether FAW is still effective in its current form in meeting the first aid needs of modern businesses. 

5.             We are also aware of a blurring in the perception of the limits of application of FAW. The Regulations are solely about the duties of employers to make first aid provision for their employees. Nevertheless, with the expanding number of “public areas” such as shopping centres, entertainment and sporting venues, and transport interchanges, there is confusion about whether there is or should be any legal responsibility to provide first aid to the public.

6.             We asked the researchers to focus on the impact of the many changes within the workplace, in medical knowledge related to first aid, in patterns of first aid training and the confusion over the boundaries of “first aid at work”. Their findings have in many cases supported the status quo, but we also explore in this document other options for maintaining and developing the most appropriate first aid at work arrangements.

7.             The market for first aid training has also changed in response to employer demands.  This is evident in the substantial increase in the availability of commercial training courses in first aid. On the medical side, many new items of technical medical equipment, such as portable, easy to use defibrillators, have been developed and promoted for use in a first aid situation, raising questions about the skill levels expected from first-aiders. 

8.             Our review is wide ranging.  It focuses on the issues raised in the research and explores the effectiveness of existing regulations and the need for any changes to the current regime.  

9.             HSE welcomes your comments on the questions highlighted in this document. You may respond to all the questions or only those in which you have a particular interest.

10.         You may, if you wish, complete and return the questionnaire electronically on this site or visiting the HSE website: here

11.         HSE will consider the options in the light of the outcome of this review. If any changes to the Regulations or ACoP are proposed, a separate consultation exercise will follow.