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rightturnclive  
#1 Posted : 01 September 2011 20:04:46(UTC)
Rank: New forum user
rightturnclive

Hello everyone, this question as been asked in a works discussion "does a nominated first aid person have the right to refuse to administer first aid"? Your comments please and thanks in advance.
Clive
Clairel  
#2 Posted : 01 September 2011 20:36:47(UTC)
Rank: Super forum user
Clairel

Everyone has the right to refuse to help anyone else in my book....BUT WHY REFUSE TO GIVE HELP?????????
rightturnclive  
#3 Posted : 01 September 2011 21:06:39(UTC)
Rank: New forum user
rightturnclive

I agree, Unfortunately I have experienced the situation of a first aider refusing to administer first aid to a member of staff, which only added to the confusion in the heat of the moment!!

I used to be employed by a government agency and they awarded an additional days leave to first aider's, maybe that's why they applied to be added to the nominated persons list.
Poor selection decisions by bad management.
Thanks for your reply

Clive
pete48  
#4 Posted : 01 September 2011 21:27:07(UTC)
Rank: Super forum user
pete48

I don’t think there is any law that requires a first aider to always provide care. Therefore, they can refuse to administer first aid in any situation. It may be for example that they consider the danger to themselves too great to act or they become worried about their expertise and the mythical threat of liability if they get it wrong, some get overcome by the seriousness of the situation. So plenty of reasons why it can happen. If it is just awkwardness or cussedness then you have selected the wrong person.

Some have a view that there may be an enhanced duty of care if the first aider is specifically provided to care for fellow workers in the workplace but it is unlikely to go beyond using best efforts etc. However, simply leaving someone who is clearly in danger without any aid may well make a first aider liable due to an omission to act. I don’t know know whether that is the case or not. Perhaps others can help with that?
There is always stuff that can be done "hands of" as it were; simply take charge and call for help, monitor and comfort the casualty, keep others away etc. If this is done then any liability will disappear I would suggest.
The real answer is to find volunteers who don’t have any concerns about being a first aider and who will not let their mates down for the wrong reasons when help is needed,

P48
RayRapp  
#5 Posted : 01 September 2011 22:05:41(UTC)
Rank: Super forum user
RayRapp

A trained first aider is not under any duty to provide first aid to a work colleague or anyone else - a fact. The role is not a vocational one but voluntary, therefore for whatever reason the first aider can properly refuse to provide first aid. There could be a good reason why they felt they could not provide first aid.

If, there is some contractual obligation, for instance, an annual payment for being first aider, then there could be an argument that the first aider has breached his/her contract of employment. In which case disciplinary action could be warranted.

'However, simply leaving someone who is clearly in danger without any aid may well make a first aider liable due to an omission to act.'

Peter, the above is not true or correct. Unlike the USA there is no equivalent of a 'Good Samaritan' law in the UK. A person is not obliged to help someone in distress despite the moral argument. Sadly you can, and people have, stood by and watched someone drown quite legally when they could have helped.
http://www.timesonline.c...ws/uk/article2512401.ece
Canopener  
#6 Posted : 01 September 2011 22:27:04(UTC)
Rank: Super forum user
Canopener

The simpl;e answer is 'yes' but......before this becomes too 'entangled' I wonder if Clove could provide some further background or insight into why this question cropped up? i.e. was first aid refused and why etc? It might prevent endless hypothetical debate and us all disappearing up blind alleys.
teh_boy  
#7 Posted : 02 September 2011 09:15:16(UTC)
Rank: Super forum user
teh_boy

I agree with Phil - yes... but please elaborate!

Whilst working for SJA, I have refused to offer first when the person is drunk and aggressive.. Mr Policeman can have a go but I ain't paid enough for that :) (please not volunteering doesn't tend to pay well in the current economic climate :) )

I have also experience first aiders (whilst at work now) who refused to help anyone!! They always called me as they didn't feel confident with making a decision... needless to say after being woken up a few times to offer basic advices they were removed from out first aider list....

My point -I see too many people 'sent' on first aid course. They often do not want to do it. IMHO to be a first aider you need a range of skills some of which can't be taught and only some people fit the bill.

So to complete my mad ramblings of a Friday - first aiders should be carefully selected and empowered to act within their organisations, failure for them to treat is often a management failure as they don't feel they have the support / backup or knowledge to treat!

Roll on the weekend...



rightturnclive  
#8 Posted : 02 September 2011 10:03:49(UTC)
Rank: New forum user
rightturnclive

I have as I say had a female staff member refuse first aid to a male member of staff stating "she was only here for the female members of staff".

I am attending a fork lift truck training organisation, were the trainer is relatively new to the organisation and is being "sent" on the course, from an informal group discussion it come across that even when qualified he would not administer first aid.

My first case I believe I know the answer as to why she would not administer first aid which was all about sexism on her part!! But the chap in the FLT training establishment is obviously anxious about administering first aid their fore he may not be the right candidate for the post, yet the organisation are "sending him" and from what was quoted by his in house H&S advice "once qualified you have a duty of care".

Hope this helps and thanks for the comments.


RayRapp  
#9 Posted : 02 September 2011 10:18:42(UTC)
Rank: Super forum user
RayRapp

rightturnclive, people should only attend a first aid course if they are prepared to administer first aid - obvious perhaps. Clearly, some people for whatever reason may not be suitable candidates and ideally the employer should be able to screen out those who are not. However, sometimes people accept a first aider role because of the incentives provided but will not necessarily be an ideal candidate.

With regards to a duty of care, first aiders are only obliged to provide first aid for which they are trained. There is no duty of care imposed on these people, except for the reasonable skills which would be expected of a first aider in the circumstances. A first aider does not owe anyone a duty of care per se and can refuse to give first aid for whatever reason.

Ray
pete48  
#10 Posted : 02 September 2011 10:24:42(UTC)
Rank: Super forum user
pete48

para 55 of the ACOP (l74) covers selection criteria. A bit of small print that rarely forms part an employers decision to "appoint" first aiders; especially when nobody wishes to do it!

p48
descarte8  
#11 Posted : 02 September 2011 12:24:54(UTC)
Rank: Super forum user
descarte8

This has been discussed at length on these forums in the past under the guise of the "good samaritan" law which exists on the continent.

If i remember correctly, a doctor or nurse must give assistance / treatment by virtue of their position, however a first aider does not.

I can think of several examples where a first aider may choose not to give assistance - danger to self, inexperienced, shock, blood contamination and no suitable mouth peice / protection etc...

Des
descarte8  
#12 Posted : 02 September 2011 12:36:45(UTC)
Rank: Super forum user
descarte8

Found my old post, think i was in an odd mood that day :-)

http://forum.iosh.co.uk/...aspx?g=posts&t=78168

"An example: a first aider dealing with a foreign body upper airway obstruction carries out backslaps followed by abdominal thrusts. Failing to clear the obstruction and forgetting what to do next, the first aider instead grabs a handy penknife, wrestles the struggling casualty to the floor and stabs an incision into the hapless victims cricothyroid membrane, as remembered from a recent episode of 'Casualty'...the ensuing bleeding completely occludes the airway and the person asphyxiates...."
TSC  
#13 Posted : 02 September 2011 13:48:42(UTC)
Rank: Forum user
TSC

I would agree they are not duty bound as so many things can set it i.e. forgetting training, not feeling confident enough.

I think maybe why HSE push for refresher training every year to prevent this occurring. I have similar issue although more advanced training is delivered in that staff not dealt with an incident and feels uncomfortable.
Seamusosullivan  
#14 Posted : 02 September 2011 15:18:40(UTC)
Rank: Forum user
Seamusosullivan

if management are aware that a first aider is not going to ever deliver first aid, perhaps they must get a few more first aiders.
kevkel  
#15 Posted : 02 September 2011 15:30:35(UTC)
Rank: Super forum user
kevkel

Just to throw the cat among the pigeons!!!
A first aider can refuse to offer assistance however if they do assist they cannot change their mind halfway through and stop unless another suitably qualified person can take over.
TSC  
#16 Posted : 03 September 2011 10:40:27(UTC)
Rank: Forum user
TSC

Maybe cannot change their mind but what about if delivering CPR of which can become very tiring for one person after a few minutes, potential is for them to be unable to continue at the sufficient rate. Wonder if someone stopped because they tired and were unable to continue; obvioulsy sufficient number of first aiders to allow for someone to step in and assist always helps.
RayRapp  
#17 Posted : 03 September 2011 13:02:08(UTC)
Rank: Super forum user
RayRapp

'A first aider can refuse to offer assistance however if they do assist they cannot change their mind halfway through and stop unless another suitably qualified person can take over.'

Really, I would like to know where you got this information from?

Agree with TSC, in the case of CPR a first aider can let another take over if they are becoming exhausted. That assumes of course there is another first aider available, which may not be the case.
Dedicoat36507  
#18 Posted : 03 September 2011 14:11:53(UTC)
Rank: Forum user
Dedicoat36507

Sorry, late to page but have extremely quickly reviewed information. Replies indicate clearly and concisely the events re: CPR etc - but looking at the question, I strongly advise that employers carefully vet first Aiders before training - its expensive, and some people don't want to "play"; If you are in charge of FA's then monitor and identify those who are notoriously absent from any record of applying the learning, and don't renew their next training. A FA should work and do according to training - some people are worried with regard to littigation and this should be a consideration before agreeing to undertake the role.
achrn  
#19 Posted : 05 September 2011 08:44:40(UTC)
Rank: Super forum user
achrn

kevkel wrote:

A first aider can refuse to offer assistance however if they do assist they cannot change their mind halfway through and stop unless another suitably qualified person can take over.


I'd also like to know where this comes from.

I would expect a first aider can change their mind at any time. If the situation changes then a first-aider has a duty to re-appraise the situation and may then stop administering first aid. For example, if it becomes dangerous for them to remain with the casualty, they must leave.
Kate  
#20 Posted : 05 September 2011 09:02:36(UTC)
Rank: Super forum user
Kate

The first aid at work syllabus includes the situations in which to stop CPR - one is someone else taking over, but another is being too exhausted to continue.
Irwin43241  
#21 Posted : 05 September 2011 09:25:15(UTC)
Rank: Guest
Guest

If a trained First Aider refuses to 'assist' then they should not be a First Aider.
teh_boy  
#22 Posted : 05 September 2011 12:48:10(UTC)
Rank: Super forum user
teh_boy

Irwin43241 wrote:
If a trained First Aider refuses to 'assist' then they should not be a First Aider.



really... please stop and think before pressing the post button.

As said multiple times above the first aiders safety MUST always come above that of the casualty. Every situation is different and first aiding can be very stressful.

Best answers = vetting, supporting and training first aiders and as I said where we have first aiders who aren't able to offer a plaster we need to rethink however a nice story for as Monday afternoon as I'm really angry following some of the blunt comments above.... (p.s. I am qualified to FAWI at work and AFAW for SJA )


I was helping my wife treat a 13 year old girl trapped in an overturned car. Fuel everywhere, steep bank, a small tree propping up the car and a very very aggressive father trapped in the car hitting my wife (nurse) and screaming at us to stop. We had a policeman screaming at us (he was in tears and shaking!!!) to get out if the car moved and a girl who was missing the back of her head..... Now let me get this clear, If I had decided not to treat or stopped treating her after starting I should give up first aiding???????

Sorry all for a rant, but really!
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