Analysis of the Department of Labour’s 'First Aid for Workplaces - A Good Practice Guide' (September 2009)

Background

The release of “First Aid for Workplaces – A Good Practice Guide” in September 2009, to some extent fills the gap left by the withdrawal of the Factories and Commercial Premises (First Aid) Regulations 1985. It cannot be strictly considered a replacement for the Regulations because Guidelines have no mandatory status. So why was the document released as Guidelines, when it could have been Regulations or an Approved Code of Practice? Senior advisors within the Department of Labour have explained that it really does not make much difference. It works like this:

Acts and Regulations, as we all know, are mandatory. Approved Codes of Practice (ACOPs) are referred to in the HSE Act. A court “may have regard” to an ACOP in determining whether obligations have been complied with. Trouble is, ACOPs get out of date and take a long time to get approval for updates.

Guidelines, whether originating from the DoL or any other reputable source are quicker to produce and to keep current and do represent “current state of knowledge” . “Current state of knowledge” is part of the definition of “all practicable steps” under the Act, so a court may have regard to any authoritative document or guideline in that context. It seems that conferring the status of Approved Code of Practice on a document really only has the advantage that it is the result of a consultative process and may therefore be seen to represent a greater consensus.

To cut a long story short, if an employer has authoritative guidelines such as these available to it and fails to take heed of them, they could well be deemed to have failed to take all practicable steps, which is an offence under the Act.

The good news is twofold:  First, the Guidelines do represent a step forward in terms of providing employers with very helpful guidelines and more significantly, options to apply the principle of risk assessment. This means you take more steps for risky stuff and less if it’s not warranted. Who could complain about that? Secondly, the chances are that in the average workplace, not much will change, but it’s worth looking at the options. For example, you might like to think about portable first aid kits or more sensible kits for work vehicles or mobile workers. On the other hand, if you use equipment or substances that can cause particular injuries or diseases, you may need to up your game and provide more specific facilities or skills.

The Guidelines are written using the word “should”. This is the universal language of non-mandatory standards but how much weight does the word carry? Well, let’s put it this way: Unless you know a better or equivalent way, best to view the Guidelines as the way to go.

So here’s our condensed analysis of the Guidelines. If you require further interpretation, please feel welcome to call (09) 535 4355 for complimentary advice. (Verbal requests only please).

First Aid Kits and facilities

There is the general principle that employers need to take into account the individual circumstances of the workplace. The DoL has provided a checklist that can be used to complete a First Aid Needs Assessment. It’s in the Guidelines, which can be downloaded free from the following link, or just ask us for a copy: www.osh.govt.nz

The Needs Assessment looks at such factors as:

  • Number of employees/locations
  • Size and layout
  • Mobile employees
  • Proximity of medical help
  • Whether first aid for the public is required

The concept of adding a column to your Hazard Register, showing what specific First Aid facilities are required for each hazard is introduced. Our advice: Don’t get carried away with that. Just make sure you have facilities to deal with all your hazards, including ones that may be unusual or very specific.

The Guidelines say you should have a First Aid Kit in all workplaces including work vehicles and one per floor level. An extra kit is recommended for every additional 50 employees. The term “work vehicles” does not come with a definition but we would venture to suggest that it does not necessarily include all company vehicles. It should include all vehicles used to access work sites or are worked out of. Should it include Sales Reps, the Financial Controller or Supply Chain Manager? We suggest you make the decision based on the risks involved. There is no absolute answer, in fact, this issue has been argued endlessly before and the new Guidelines don’t appear to add much clarity on this occasion.

There is a suggested minimum First Aid Kit Contents list in the Guidelines, but remember, that word minimum could reach out and bite you if you haven’t done a proper risk assessment.

Clean (preferably running) water is required for wound cleaning. There are guidelines for the disposal of waste.
Over-the-counter pain relief medication is not recommended for treatment of injured people but monitored supplies may be made available for minor everyday symptoms (not related to a specific injury – our words added).

Disposable gloves should be provided and further resources such as data sheets, cold packs, biohazard bags, depending on the Needs Assessment. Specialised equipment such as defibrillators must only be used by trained people.

Information to provide to employees

Signs showing locations of first aid facilities should comply with NZS/AS1319: 1994 Safety Signs for the Occupational Environment. If you already have those familiar signs with a green background and white cross or lettering, you’re probably already complying.

Information should be made available regarding names, job titles and contact details for First Aiders.

Depending on your Needs Assessment, emergency contact numbers should be provided. The Guidelines provide a link to a sample Emergency Response Flip Chart.

There is a suggested First Aid Register form here.

There is a brief guide on how and when to inform employees about First Aid facilities in general (e.g. at induction, when there is a change in facilities or personnel changes).

Number of First Aiders and their training

The Guidelines do not place definitive numbers on this. It expects employers to respond according to their risk and situation. It provides a list of  five examples, running from a small, 3 person IT company in the city next to a medical centre with no trained First Aiders, to a roading company working away from medical facilities that employs 1 trained First Aider per 25 employees.

Training agencies should have NZQA accreditation. Certificates are considered valid for 2 years.

Appendices and further information

The Guidelines include the following useful information:

  • Appendix 1: Suggested minimum contents – vehicle or lone worker First Aid Kit.
  • Appendix 2: Additional training for First Aiders (appropriate for certain risks).
  • ppendix 3: First Aid Register.
  • Appendix 4: Set up of First Aid Room.
  • What the law says about the need for First Aid.
  • Appendix 4: Definitions (what particular words mean in the context of the Guidelines).
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