Posted By Andrew Robertson-Böber
It is worth clarifying that if you are endorsing your First Aider gives treatment under remit of your business then your should record this as it is within context to ‘work’. Regardless of it being either employee or 3rd Patry treated in all incidents a civil or criminal claim can arise – notwithstanding the allusion many foster that because their has been nothing been noticeably successful does not mean that there is not a legal recourse for this to occur. You have to remember that for a number of years people fostered the same allusion that 3rd party claims against bouncy castles would not be successful until the recent damages awards to a case earlier this year (see
http://news.bbc.co.uk/1/...england/kent/7389775.stm).
One must remember that a "good Samaritan" defense is only as good as the lawyer presenting it and presiding Judge / Magistrate overhearing it. Public Interest is altogether arbitrary. When you underscore this sort of advice it reads “oh, you’ll be okay as it’s never happened before you know” – hardly unassailable.
What concerns me is any inference that should any employer not be bothered by their First Aiders providing assistance to 3rd party, perhaps through suggestive indifference it has been behaviorally encouraged, they wouldn’t then endorse this under the remit of the First Aider role therefore covering them under the companies Public Liability Insurance. It has been for this reason that St. Johns, St. Andrews, Red Cross et al. offer a ‘buy in’ to a Public Liability insurance policy for First Aiders – though also to cover them should they practice this out ‘in the streets’. It would be ethically and morally bankrupt for any employer to not recognize their First Aiders in the treatment of 3rd parties in context to work.
One should put into context the vicarious liability a employer has to their site and the duty of care they have to those within it. This is why that Public Attractions such as Theatres, Museums, Cinemas, Pubs, Concerts, Festivals, Sports venues and, indeed, Zoos etc. have First Aid facilities for members of the public. If you look through the HSE Purple Book you’ll get a gauge of this.
The empathies of whether there should or should not be a ‘legal requirement’ for recording accidents is really rather secondary to the issue of ‘best practice’. What you are endeavoring to achieve, regardless of what format you record it in, is identifying trends and preventing accidents. Regardless of it being an employee or 3rd party you should record it on those grounds alone. Quite regardless of this you will also notice that within RIDDOR it identifies ‘Public’ – which I’d suggest is legally reason enough to record 3rd party accidents and treatment.
For myself, I even record medical data from our overseas fieldworkers. It provides not only valuable information for me to ascertain potential issues and training needs but extends the concepts of what ‘duty of care’ means – which, in context to fieldwork, is covered within BS8848 anyway.
Should anyone of you work within a public venue then you will appreciate the number of claims that can be pushed against your organizations – for that reason not only recording but the accident investigation is imperative to this process.
Andrew Böber
CMIOSH FRSH FRGS