Following an enquiry from a first aider, PSSL posed a query to the HSE asking whether a first aider would be found liable if the treatment they gave failed. The HSE response was that liability would be a decision reached in a court of law based on the individual circumstances. It went on to state that employers should check the requirements of their employers liability insurance and public liability insurance to ensure that they cover the provision of first aid.
Further, the Approved Code of Practice for the Health and Safety (First Aid) Regulations states:“THE PUBLIC. These Regulations do not oblige employers to provide for first aid for anyone other than their own employees. Indeed Regulations requiring first aid provision for members of the public cannot be made under the Health and Safety at Work etc Act 1974. But many undertakings, for example educational establishments, health authority premises, places of entertainment, fairgrounds and shops provide a service for others, and employers may wish to include them in their assessment of needs and make provision for them. Employers should be aware that the compulsory element of employers’ liability insurance does not cover litigation resulting from first aid to non-employees. However, many public liability insurance policies do cover this aspect and employers may wish to check their public liability insurance policy on this point.”