Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error
First Aid - legislation that protects these volunteers
Options
Go to last post Go to first unread
Previous Topic Next Topic
jarsmith83  
#1 Posted : 07 October 2013 08:56:05(UTC)
Rank: Super forum user
jarsmith83
Hi all Can anyone direct me to the legislation that protects first aid personnel? I am embarrassed to say that I do not know what this is.
Back to top
kevkel  
#2 Posted : 07 October 2013 09:14:21(UTC)
Rank: Super forum user
kevkel
Hi, Are you thinking of a good samaritan act?
Back to top
RayRapp  
#3 Posted : 07 October 2013 09:41:39(UTC)
Rank: Super forum user
RayRapp
There is no such legislation which I am aware of. The good Samaritan principle is not a law, at least not in the UK, it is in the USA. The principle is that no one acting within their training and doing their best to assist someone in medical need are likely to face any criminal or civil action.
Back to top
Kate  
#4 Posted : 07 October 2013 09:47:06(UTC)
Rank: Super forum user
Kate
There isn't any in the UK.
Back to top
chris42  
#5 Posted : 07 October 2013 09:53:25(UTC)
Rank: Super forum user
chris42
Protect them from what ? Prosecution ? - that would be the company's insurance in work and outside of work they need additional insurance. Personal attack ?, disease ? Something else?
Back to top
sach  
#6 Posted : 07 October 2013 11:02:09(UTC)
Rank: New forum user
sach
The First Aider, First responder, EMT can be prosecuted by law for Negligence under following citeria 1) There is Duty to act and personnel fails to act :- If there is no duty and person is helping voluntarily than no case of negligence ( Good Samaritan) 2) There was negligence on the part of the personnel:- If person acts, but was negligent in providing appropriate care can be sentenced in court of law Example:- Employee falling from significant height is not handle properly and which results to worsen the spine injury is an example 3) Act has caused harm to the person due to negligence:- If no harm no penalty 4) The personnel hands over the patient lower than his level of care Example:- EMT hands over the patient care to first aider, the provider level of EMT is higher than First aider so he should handover care to paramedic or nurse and inform them about the incidence and first aid provided This said criteria in one or other form is applicable in most of the countries
Back to top
SW  
#7 Posted : 07 October 2013 11:07:09(UTC)
Rank: Super forum user
SW
Vicarious liability?
Back to top
A Kurdziel  
#8 Posted : 07 October 2013 13:08:40(UTC)
Rank: Super forum user
A Kurdziel
There is no statutory provision covering these issues; it is a matter of common law The law (in England and Wales) as I understand it is: 1. There is no positive duty on people to aid another person in England and Wales: in some jurisdictions inc some US states, people are expected to render assistance to the best of their abilities and leave themselves open to civil action or even criminal prosecution if they do not do so. 2. In England and Wales if a person chooses to render assistance such as first aid then they are expected to do it to the best of their abilities and can only be sued for negligence if they fall far below what they might be expected to do. To be honest a first aider is not expected to be able to do much more than a ‘normal’ person so they would have to really mess up to be held liable. So the bar for negligence by a first aider is set very high. 3. Employers might be held vicariously liable if person carries out first aid on an employer’s behalf and really mess it up but it would still have to be a serious failure of any sort of duty of care.
Back to top
jarsmith83  
#9 Posted : 07 October 2013 14:02:06(UTC)
Rank: Super forum user
jarsmith83
OK everyone, thank you for the fantastic response! I was asked this question at a QHSE reps meeting and was embarrassed that I could not give a definitive answer. My answer at the time was that as long as you are acting within your training you will be covered by our company insurance. Of course, if you act outside the remit of your given training, like with all instances, you could be held liable under negligence. I was then dithering to whether there is a definitive statutory provision as I could recall the 'Good Samaritans Act' but thought better than provide this answer as I was unsure whether this was applicable in UK legislation, which it is not and thus provide poor advice. As mentioned in this thread, I am sure that the the person administering first aid, who is trained to do so on behalf of the company, would not be liable unless they acted outside of this training. The company would be answerable under vicarious liability, which the training would absolve negligence of the company as they acted in accordance with UK legislation, First Aid at Work Act etc. Fellow forum users, do we agree with this summary?
Back to top
wjforsyth  
#10 Posted : 07 October 2013 14:52:59(UTC)
Rank: Forum user
wjforsyth
very good question ! we recently had a accident which when investigated had shown if he had been reffered to hospital earlier the wound would have been stitched,but due to the delay this was no longer possible , in the first aiders opinion it was dressed and didnt need hospital treatment ! another first aider saw the wound and sent him to hospital and he was told he should have come earlier , so if a claim comes in where would that leave the initial first aider.
Back to top
sach  
#11 Posted : 07 October 2013 15:34:24(UTC)
Rank: New forum user
sach
Its called "Scope of practice" if First Aider works within the stipulated scope of practice set either by legislation or scope set by employer He should be protected under umbrella of employer called Vicarious liability.
Back to top
Reed21854  
#12 Posted : 07 October 2013 15:58:01(UTC)
Rank: Forum user
Reed21854
Interestingly on my last first aid course I attended we were told that there has not been a single case in the UK of a first aider being sued by anybody for anything. So although this might be an issue in the US as far as I'm aware the worry of not giving appropriate first aid should not be an issue to first aiders here - if they're not confident or are anxious then maybe they need to step down....
Back to top
jarsmith83  
#13 Posted : 07 October 2013 16:29:46(UTC)
Rank: Super forum user
jarsmith83
Reed21854 wrote:
Interestingly on my last first aid course I attended we were told that there has not been a single case in the UK of a first aider being sued by anybody for anything. So although this might be an issue in the US as far as I'm aware the worry of not giving appropriate first aid should not be an issue to first aiders here - if they're not confident or are anxious then maybe they need to step down....
to be fair, it was just a general question from H&S rep.
Back to top
johnmurray  
#14 Posted : 07 October 2013 16:44:04(UTC)
Rank: Super forum user
johnmurray
http://www.realfirstaid.co.uk/dutyofcare/ http://www.resus.org.uk/pages/legal.pdf My opinion is that the first-aider who considered a bad cut did not need to be seen by QUALIFIED medical professionals, was acting far outside the remit of a first aider.
Back to top
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.

Powered by YAF.NET | YAF.NET © 2003-2025, Yet Another Forum.NET