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Posted By Marvin Owen
Does anyone know how the company would stand if none of its employees wanted to become first aiders, how would this stand in a court of law?
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Posted By Heather Aston
They would be in breach of the law.
The duty is to provide suitably trained persons to administer first aid. It doesn't say they have to be employees - although they usually are.
This assumes of course that the employer's risk assessment has shown a requirement for first aiders.
Heather
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Posted By Neil Pearson
Make sure you offer indemnity insurance, and that everyone's clear about that. You may also have to offer payments. But you have to have something! Do you have security contractors? They could provide it. How about occupational health people?
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Posted By Brett Day
Just a thought don't do what one one company I worked for did and say 'you, you and you are doing the course'. As when a serious accident occoured, they were conspicuous by their absence !!
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Posted By Jason Touraine
Its a long time since I looked at these regs but the original ACoP/Guidance had a section on what to do if you couldn't get a volunteer; perhaps the current version does but I don't know. Probably doesn't as it wasn't very helpful. Something like to consult EMAS. EMAS would then say you have to 'encourage them' etc etc, perhaps offer money, and if you said you already did their ideas would dry up!
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Posted By steven bentham
A way for you to comply with the spirit of the legislation is to consider the level of risk at your workplace and the numbers of persons involed. If you can't get volunteers to act as designated first aiders
I would make all managers/supervisors an appointed person to supervise the first aid box and any injuries are shipped off to hospital. Write the first aid duties into all managers and foremans jobs.
I am sure the regulator would look that you were making a good attempt to be reasonable safe.
If it is a high risk working environment or where their is higher risks for members of the public (such as a leisure centre) make it a condition of employment. No comply = no job.
First aid providors often scare monger delegates with what will happen to them if it goes wrong and they will get sued personnally! I can't think of many instances when this has happened. If your first aid providor is providing crap legal advice - get shut of them as well.
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Posted By Laurie
I'm afraid complying with the spirit of the legislation is no good. I have been down this road - the duty is absolute
Laurie
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