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Posted By Martin Taylor
What is the legal position if a First Aider at work treats a work casualty AFTER their certificate has expired?
What is the 'grace period' now for completion for refresher training?
thanks
Martin
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Posted By jervis
By how much time has it expired !
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Posted By Charlie0538
The grace period is roughly 30 days from when the certificate has expired. But speak to your provider to be doubly sure
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Posted By Caitlin O'Connell
Hi,
I recently spoke with our training provider re: the 'grace period' and apparently it's 28 days.
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Posted By Phil Rose
Aside from the 'grace' period, which a number of people have commented on.
You asked about the legal position. I think a prosecution would be unlikely, unless the accident causing the injury was the subject of an HSE investigation. Even then I would have thought an Improvement Notice a more likely course of action (unless any Inspectors reading this think otherwise!)
On civil liability, I don't think that the expiry of the certificate, per se would 'automatically' be a problem or in itself 'actionable'.
If a pers injury claim was pursued and it was claimed that the level of first aid given at the time was relevant to the injury being claimed for then I guess that might make things more complicated.
Phil
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Posted By Tabs
There is nothing in law that prevents one person giving aid to another. Unless such aid is intrusive or involves prescribed medicines.
There are thousands of businesses which do not have trained first aiders, but are still recommended to have a first aid kit (see HSE guidance).
The legal position is that the business is required to have suitable first aid provisions, and guidance is given as to what that looks like.
No-one has ever been successfully sued for providing first aid regardless of status.
Even if the injury was aggravated by the first aid given, the test would still be whether the person giving the help did so to the standard expected of them (the civil action would have to be under negligence). So in or out of date, if the treatment was what the man on the Clapham omnibus would give, it would be difficult to see any case succeeding. A first aider out of certificate date is a member of the public.
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Posted By Tabs
Having made a slight change to one of the final sentances, I now see that it reads slightly wrong - the standard for an in-date first aider would be that of a first aider, not the man on the bus.
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Posted By Phil Rose
Tabs
I think you make a couple of valid points there. You are absolutely right, that first aid provision does not necessarily mean that you have to have a qualified first aider.
Phil
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Posted By dave slack
Hi,
Any first aiders whose certificate has expired past 28 days must re complete the full course.
Hope this helps.
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Posted By Martin Taylor
thanks for all the feedback guys - very good discussions as usual on here.
any more views most welcome
thanks
Martin
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Posted By Bob Youel
I doubt that a person who is genuinely trying to help another would be prosecuted in the UK unless there were very specific and mitigating circumstances - We are not yet like the states
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Posted By Descarte
I guess the issue would be if the persons first aid cert had expired it would be more likely the company at blame not the individual for not providing the correct amount of first aid trained personnel as required by their risk assessment?
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Posted By MickN
I carry my 1st aid rucksack everywhere I go. I'm not forst aid trained, however, I have watched every single episode of "ER" and therefore training would clearly be a waste oof my time. My 1st aid rucksack doesn't contain any of the normal 1st aid box nonsense, instead my research (ER, see above) has identified the following...
Hot water (flask) & towels.
Swiss army knife.
2m of Hose.
10 ball-point pens with the infills removed.
needle & thread
On a more serious note, I was told of a story where a group were playing cricket and someones' son swallowed a wasp/bee and was stung. There was, fortunately, a doctor playing who quickly inserted a piece of hose into the lads throat before it closed up, saving his life. Don't know if it's true or not...
Mick
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Posted By s_jesu
Dont forget about the "Good samaritan Law"..
It acts..
S Jesu
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Posted By STEPHEN81
It's 28 days grace after the cert has expired.
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