CHAPTER 2 - THE CURRENT LEGISLATIVE FRAMEWORK
– WHAT ARE THE ISSUES?
Background
1.
FAW came into operation
on 1 July 1982. They place a general duty on employers to provide, or ensure
that there is provided, adequate equipment, facilities and personnel to render
first aid to their employees if they are injured or become ill at work. Employers
are required to inform their employees of first aid arrangements, and duties
are also placed on the self-employed to make provision for their own first
aid.
2.
An Approved Code
of Practice (ACoP) and Guidance support the Regulations. This was revised
in 1990 and again in 1997 to simplify the structure, clarify the requirements
and to give employers more flexibility to make their own assessment of first
aid needs and provision. There is also separate guidance for first aid training
organisations.
3.
HSE publishes a
wide range of information on first aid at work including advice to employers
on making adequate first aid provision in their workplace. A comprehensive
topic page including useful “frequently asked questions” can be found on the
HSE Website at: http://www.hse.gov.uk/firstaid. Current HSE publications on
first aid at work and other sources of information are listed in Annex 2.
First aid for workers on offshore installations
4.
Specific regulations
apply to workers on offshore installations including requirements for first
aid provision. The Offshore Installations and Pipeline Works (First-aid)
Regulations (OFAR) (and also requirements in the Diving at Work Regulations
1997) go beyond the scope of FAW and are not the subject of this review.
The impact on OFAR of any proposals to change FAW will be considered as appropriate.
Purpose and scope of FAW
5.
The purposes of
FAW are the preservation of life, minimising the consequences of injury or
illness and the treatment of minor injuries. First aid is not about providing
medical facilities, services or treatment, or the administration of medicines.
The objective is to ensure employers have made the appropriate arrangements
for workers who are injured or taken ill at work to receive immediate attention
and that an ambulance is called in serious cases. This is a welfare provision
that has obvious benefits and continues to have the full support of employers
and employees. Specifically:
·
FAW requires an
employer to assess first aid needs in his workplace and make provision as
identified. This includes arranging for first-aider training and providing
first aid kits and first aid rooms where appropriate.
·
A first-aider must
have a qualification from a training establishment whose courses are approved
by HSE.
·
The function of
the first-aider is to take emergency action to preserve life and minimise
the consequences of injury or illness until medical attention is available.
The first-aider will also deal with many more minor incidents requiring no
professional medical attention.
·
Where the employer’s
assessment of needs concludes that a first-aider is not required, then the
minimum first aid requirement in that workplace is someone appointed to take
charge of the first aid box and equipment, and to be responsible for calling
the emergency services if required. This “appointed person” should not be
expected to perform the duties of a first-aider. HSE recommends they are trained
in basic first aid skills but this is not currently a legal requirement.
·
The definition of
first aid at work does not include giving tablets or medicines to treat illness
(eg aspirin for headaches). However, FAW does not prevent staff that have
been specially trained to take action beyond the initial management of an
injury or illness at work from doing so.
Research Project
6.
Research to review
the effectiveness of FAW was commissioned by HSE in 2001. The report was
published by HSE in January 2003 (available to download free on HSE’s website
http://www.hse.gov.uk/firstaid).
7.
The researchers were asked to consider four
broad themes about where and how the Regulations applied:
·
whether the current
legislative arrangements are the most appropriate and cost-effective way of
delivering the objectives of first aid at work;
·
establishing an
understanding of the interaction between FAW and other requirements to make
first aid provision, e.g. for members of the public, non-employees on work
premises or students, and the implications for adequate provision for those
who are not workers;
·
the challenges employers
face in providing first aid provision in the workplace and in particular how
employers implement them in the context of other health and safety management
regulations; and
·
whether HSE approval
of training providers is still appropriate.
8.
The research also
focused on a number of specific objectives for detailed study. The full list
of the aims and objectives can be found at Annex 3.
9.
This discussion
document describes the research findings and the issues raised as outlined
below.
·
Chapter 3 examines
the legislative issues relating to FAW, in particular:
Ÿ
effectiveness of
the regulatory structure;
Ÿ
clarity of the Regulations
and HSE guidance;
Ÿ
implementation costs;
Ÿ
application of FAW
to members of the public; and
Ÿ
insurance issues.
·
Chapter 4 looks
at the content of first aid training, specifically:
Ÿ
the content and
structure of first aid training; and
Ÿ
the issue of training
standards.
·
Chapter 5 describes
the first aid training approvals process and options for change.
·
Chapter 6 considers
the provision of first aid equipment, medications and related medical issues.
10.
The research findings
on these issues are reported under the headings above with relevant commentary.
To focus consideration of the issues raised, we are asking for your views
on a number of specific questions throughout the text. Please enter your
views here
Next Chapter here
Contents here
