We have reported on several occasions this year the implications of the new Corporate Manslaughter and Corporate Homicide Bill. This came into effect on 6th April 2008 and will very probably affect your business. This new criminal legislation aims to make it much easier to prosecute companies for work related deaths. In the event of an accident, the responsibility will be upon the organisation to provide evidence that effective health and safety policies exist, and show that this is properly communicated and clearly implemented. An inability to do so could be considered a breach in the duty of care owed to your staff.
Legal duties The Health and Safety (First Aid) Regulations 1981 require employers to provide adequate and appropriate equipment, facilities and personnel to enable first aid to be given to employees if they are injured or become ill at work. These Regulations apply to all workplaces including those with five or fewer employees and to the self-employed.
What is adequate will depend on the circumstances in the workplace. This includes whether trained first aiders are needed, what should be included in a first aid box and if a first aid room is needed. Employers should carry out an assessment of first aid needs to determine this. Members will find a First Aid Risk Assessment Document in our 'Download area'.
The Regulations do not place a legal obligation on employers to make first aid provision for non-employees such as the public or children in schools. However, HSE strongly recommends that non-employees are included in a first aid needs assessment and that provision is made for them.
If your business lacks the correct number or appropriately trained first aiders you could be leaving yourself at serious risk of action. Act now and ensure that you satisfy the minimum requirement for your company.
Should you have any concerns, you can always 'Ask the Expert'. |