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#1 Posted : 21 January 2009 07:58:00(UTC)
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Posted By andrew morris
Hi all,

I am trying to convince staff that they should become 1st aiders in our workplace, but many say they will not, for fear of comp claims.

I have the paragraph of the HSE website but can not find anything conclusive. We have the appropriate insurance, etc.

Does anyone have any information/case law/leaflets that they can point me to to help convince people that they are not at risk if they follow their training to treat people at work.

Thanks
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#2 Posted : 21 January 2009 08:18:00(UTC)
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Posted By Garry Homer
Fear of compensation claims is a cop-out because they do not want to do it for other personal reasons. Fear of blood and other fluids with the remote possibility that they might 'catch something'. Or, they may not like the idea of the test at the end of the session.

First aid in the workplace today has been diluted to the point that you are only trained to maintain life in the best possible way until the professionals arrive. Gone are the days where emergency childbirth, splinting broken bones sufficient for a hike of a few miles etc was the norm.

I suggest you open their eyes to the possibility of saving the lives of their loved-ones. This was the reason I became a First Aider many years ago. Since then: Accidents at work - one cut thumb. Accidents outside work - One road accident and my choking baby boy.

I'm grateful my employer paid for the training and the many subsequent refresher courses.

Garry
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#3 Posted : 21 January 2009 08:19:00(UTC)
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Posted By Adam Worth
If an employee had issues vicarious liability would apply and the employer would be liable for acts or omissions.

The only exception would be if the person acted outside of their training (Biro in the neck etc)
Again if their efforts were to save someones life they are quite safe!

I'm hoping one of the people always telling us off for not knowing the law will help out with some case law or lack of.

My argument always is - Would you rather stand round watching your colleague / friend / child die slowly or would you like to help.

Merv provided an excelent link that showed logs from a 999 call centre - show these and ask if they would know what to do?

http://www.iosh.co.uk/in...iew&forum=1&thread=41216

St John ambulance will be able to provide you with lots more reasurance and information, call your local branch for a chat!




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#4 Posted : 21 January 2009 08:34:00(UTC)
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Posted By SteveD-M
The only real issue would be treatment of non-staff if your insurers where not aware of it. This has an impact for schools, colleges etc.

Agree with some of the above posts, however the insurance will only cover issues within the scope of their training. Regardless it could still result in a claim and would not cover such claims as sexual inappropriateness etc.
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#5 Posted : 21 January 2009 08:34:00(UTC)
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Posted By Descarte
This issue has also been discussed at length in the past several times, a quick search of the forums using the search funtion will give you much more details and support

Des
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#6 Posted : 21 January 2009 09:03:00(UTC)
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Posted By Paul Duell
As others have said, if they're workplace-appointed first aiders then your employee liability will cover them, because they're first aiding is within the remit of what they do for you.

Added to which - if they do their training through St John, then St John will provide them with free public liability insurance so they're covered when they're doing first aid outside the workplace as well (T's and C's apply, but that's the essence).

Other FA training orgs may do the same thing, we only use St John so that's the only one I know about.
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#7 Posted : 21 January 2009 09:08:00(UTC)
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Posted By NJS
I completed the "work place, appointed person" course run by the red cross last month. In the Q and A section of the course the same question came up, the assessor stated "you cannot be sued if you stay within the limits of your training", which makes makes sense to to and seemed to clear up the matter for the rest of the attendees.
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#8 Posted : 21 January 2009 09:11:00(UTC)
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Posted By Phil
As an employer, why not pay the £25 a year or so to the MDU, MIR or one of the many organisations who will indemnify you for using your skills outside of work (up to your trained level of course).
This is how us healthcare professionals are covered outside of work.
it should put to bed any anxiety they may have, and wont cost a fortune.
The first aider just has to send copies of their in date quals, and they send an insurance cert back.

Phil
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#9 Posted : 21 January 2009 14:09:00(UTC)
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Posted By TouchBasehse
Hi Phil, have you a phone number so I can contact ?
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#10 Posted : 21 January 2009 15:45:00(UTC)
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Posted By Phil
M.I.R

0208 739 0066

Phil
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#11 Posted : 22 January 2009 22:26:00(UTC)
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Posted By andrew morris
Thanks for the responses guys,

I have already tried the ideas suggested, but no luck...

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#12 Posted : 23 January 2009 08:04:00(UTC)
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Posted By jervis
Gary with reference its a cop-out because of blood etc thats no cop-out people have the right to say no to what ever they like . Just out of interest are you a first aider.I work for the nhs this may sound daft but i am not a first aider. People have there own choices not all making excuses.
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#13 Posted : 23 January 2009 09:41:00(UTC)
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Posted By Raymond Rapp
When a similar thread was posted a year or so ago I did a trawl of case law. In short, there will be no liability for those giving first aid for what they have been trained for. As a first aider it is up to the individual to decide whether they wish to give first aid to employee or a member of the public.

No one has been successfully sued for giving first aid and injuring someone. Thank God common sense does prevail sometimes.

Ray
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#14 Posted : 23 January 2009 10:46:00(UTC)
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Posted By Bob Youel
thankfully we are not at the USA stage yet i.e. where everybody sues everybody for whatever! - after a lot of research in this area I have concluded that its highly unlikely a person who genuinely tried to help would be held to account in a court in the UK

remember to train your people properly; inclusive of what can be done inside & outside work as first aid law covers events at work regarding employees and not the general public e.g. a teacher in a school is an employee but the children in the class are not employees
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#15 Posted : 26 January 2009 11:18:00(UTC)
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Posted By AMelrose
Here'a another reason why people may be reluctant;

Car crashes outside of office building. First Aider rushes out to see if they can help and is confronted with muliple casualties and lots of blood. Tries their best to help but on returning to office says they no longer want to be a first aider as found the experience very traumatic.

Only two members of staff in office and other person not keen to do training course due to family commitments..nearest other office a good 60 miles away. Have suggested the "one day emergency first aid course" as an alternative. As deal with the public, there "may" be an incident and would rather have someone partially trained than not at all. Will check they at least know who to contact in the event of an incident (local hospital numbers etc).



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#16 Posted : 26 January 2009 11:26:00(UTC)
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Posted By A Campbell
That's an interesting point... have you looked at ensuring first aiders are provided with adequate support and counselling as part of your risk assessment in determining how many and what level of training you require?

As a very very last resort is possibly discuss with HR regarding certain senior/manager/supervisor positions have first aid provision as part of job description or contract of employment route?

A good question for the HSE maybe to advise as if a legal requirement...how far can you go in order to provide first aid cover... depending on the work risk environment i suspect?
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