First aid requirements and employers’ liability insurance

You've probably heard us mention it before, but employers' liability insurance is a legal requirement for businesses with employees.

But, according to the Health and Safety Executive (HSE), it's also a legal requirement that employers provide "adequate and appropriate equipment, facilities and personnel to ensure their employees receive immediate attention if they are injured or taken ill at work".

That means first aid responsibilities for employers. Reasonable enough.

Except who knows what "adequate and appropriate" means? The HSE don't say, so it's up to you to decide. And that's a problem because 'inadequate' provisions could mean an employers' liability insurance claim against your business.

Risky business 

The best way to minimise your chances of any insurance claim is to assess and manage potential risks.

Assess the health and safety needs and first aid requirements of your workplace. The HSE recommends you consider the nature of the work you do, any workplace hazards, the size of your business, and the history of previous accidents in your workplace.

St John Ambulance have a handy tool on their website to help assess your workplace health and safety needs and first aid requirements.

Employers' first aid requirements

Contrary to popular belief, it's not compulsory to have a trained first aider in your office.

But you do have to have an 'appointed person' in charge of first aid. They have to keep the first aid box well-stocked, and call an ambulance if ever one's needed. Feel free to award them a fluorescent vest too.

Official advice says non public-facing businesses, with fewer than five employees, can cover their health and safety needs without a trained first aider. As long as they have one appointed person (or more).

Having more than one is probably a good idea. After all, who's going to take care of first aid if the first aider needs first aid?

St John Ambulance provides local first aid courses for training in different areas.

Bad samaritans

It's a sad fact that, these days, people aren't all that nice to each other. So much so that it's natural to think twice before giving life-saving first aid – just in case something goes wrong and you're sued.

The HSE again offers only very vague advice in this area. Apparently, it's "very unlikely that any action would be taken against a first aider who was using the first aid training they have received. HSE cannot give any specific advice on this issue as it does not fall within the HSE's statutory powers"'.

In other words, if a first aider follows their training and gives the right treatment, they're not to blame if things go a bit wrong. However, a first aider could be liable if their negligent intervention causes additional injuries or makes the original problem worse.

If this happened to your company's first aider treating another employee, it's likely they're covered under your company's employers' liability insurance. So any compensation or legal fees arising from the claim would be paid for by your insurance, not the first aider.

It's good practice to record any injuries that occur in the workplace and any first aid given. And be sure to let your insurer know about any incidents that could lead to a claim.

Be safe 

This is a bit of a grey area in general. So, it's best to check with your insurer that your employers' liability insurance covers negligence claims against first aiders.

And if you want more information about health and safety or first aid requirements for your business, you're best off trying the HSE website's resources.

If you don't have it already, make sure you get employers' liability insurance to cover anyone who works for you, even if they're temporary or a volunteer.

Want to talk about it? Give our friendly team of experts a call on 0345 222 5391.

Photo by Ralph Sadaka on Unsplash.