My employer has decided to change the structure of the first aider roles in our workplace without any consultation with HSRs. How should First Aiders be selected? How many do we need? Who is responsible for the first aid kits? Do we need a designated room for first aid? What are the training requirements? Should our employer be consulting with us about this?
There is nothing specifically in the OHS Act in relation to what first aid facilities employers must provide, however there is guidance for HSRs at our OHS Reps page First Aid – what are the requirements, and for employers in WorkSafe’s Compliance Code for First Aid in the workplace. Compliance codes are not law, but when employers follow compliance codes they can be sure that they are complying with their duties and obligations under the OHS Act.
Prescribed vs Risk Assessment Approach
Employers must follow either the Prescribed approach or the Risk Assessment approach when deciding what First Aid facilities are appropriate for their workplace.
- The Prescribed approach provides detailed guidance on how to comply with the OHS Act based on the company’s size and level of risk.
- The Risk Assessment approach guides companies through the process of determining their first aid needs based on an assessment of their workplace hazards and risks – workplaces that are large or have complex OHS hazards should choose this option.
The number of first aid officers and the training requirements will be determined by which approach is followed.
Consultation
At paragraph 21 of the Code it is stated that “employers must, so far as is reasonably practicable, consult with employees and HSRs, if any, on matters related to health and safety that directly affect, or are likely to affect them”. Paragraphs 22 – 26 then go on to advise employers what and how they must consult, including –
- Sharing information about the matter with employees, including HSRs and relevant contractors
- Giving them an opportunity to express their views
- Taking those views into account before making their decision
You can find more information about what consultation should look and sound like in the WorkSafe publication Employee representation: a comprehensive guide to part 7 of the OHS Act 2004 – page 6 includes specific instruction for employers of how they should be consulting.
If your employer refuses to consult on the First Aid facilities I recommend that you send them an email requesting consultation – you can use our Consultation Email template – this will put them on notice and provide solid evidence of your attempts to consult should you need to escalate the issue resolution procedure to raise a PIN for failure to consult. And of course, keep a record of all consultation when it happens – Record of Consultation template.
Restocking of First Aid Kits
The question of first aid kit restocking is also addressed in the WorkSafe publication Compliance Code: First Aid in the Workplace.
At paragraph 142 – Maintaining first aid kits – it states “Employers need to ensure that first aid kits are restocked as necessary. Employers need to have a system of work for reviewing and restocking kits, and for ensuring that any items that may expire are replaced regularly. Kits should be checked quarterly and after every event requiring first aid.”
How your employer achieves this requirement is not mandated in legislation – it is up to them to determine a system of work for reviewing and restocking kits.
Given that first aid officers are trained in general first aid and, in workplaces with complex or specific OHS hazards (such as emergency services, mines etc.) also trained in advanced first aid skills, those officers are typically the most appropriate persons to be allocated the task of reviewing and restocking first aid kits. Management personnel may not have the necessary training and knowledge to complete this task adequately. However, management does have a duty to supervise and review the process to ensure that it is being completed as required.
Is the First Aid Officer a Paid Role?
Check your enterprise agreement or Award for a clause relating to first aid officers and the expected tasks of the role, but otherwise, the role of first aid officer is typically a paid position – i.e. an allowance is paid – therefore there is an expectation that first aid officers will perform their role as required by their training and as instructed by management.
Requesting a first aid officer to undertake a review of first aid kit contents and draw up a list of required replacement items is a legal and reasonable request from an employer to an employee – provided they ensure that they allocated sufficient time and resources to complete the task. And frankly, if I were the first aid officer, in the event that I needed to administer first aid to a co-worker I would want to be certain of what is in the kit myself rather than relying on management to have restocked it correctly.
This contrasts with HSRs who are not remunerated for their role and per s. 58(3) of the OHS Act cannot have a duty or function imposed upon them in their capacity as HSR – for example, employers cannot compel HSRs to undertake tasks that should be completed by a safety officer.
