Should First Aiders be transporting Colleagues to Hospital?
Introduction
First aiders play a critical role in ensuring the immediate care of injured or ill employees at work. However, questions often arise around whether workplace first aiders or employees should transport colleagues to hospital in their own vehicles. In the UK, this practice is generally discouraged due to safety, liability, and legal concerns. This blog article explores the key considerations, best practices, and legal context surrounding this issue.
Legal Framework
Under the Health and Safety (First-Aid) Regulations 1981, employers are required to provide appropriate first-aid equipment, facilities, and personnel to ensure immediate assistance can be given to employees who are injured or become ill at work. However, these regulations do not require first aiders to transport casualties to hospital.
The Health and Safety Executive (HSE) guidance clearly states that arrangements should be made to call emergency services (e.g., an ambulance) when professional medical assistance is needed. Using personal vehicles for transporting casualties is not recommended and is generally considered outside the scope of a first aider’s duties.
Risks and Concerns
There are several risks associated with first aiders using their own vehicles to transport injured colleagues:
Medical Deterioration: The injured person’s condition could worsen on route. First aiders are not equipped to provide continuous advanced care while driving. Other factors should include what is covered within company risk assessment, which would be used to determine whether the patient should:
(a)stay onsite
(b)use the staff member as a patient transfer, providing they meet legal requirements
(c)should an ambulance be called
2. Insurance and Liability: Private motor insurance policies may not cover the use of a personal vehicle for transporting an injured person. In the event of an accident or if the injured person’s condition worsens, the first aider and employer.
3. Duty of Care: As an employee, a first aider has a duty of care to their colleagues. This means that they are obligated to provide appropriate assistance in the event of an emergency. However, this duty of care does not extend to situations where the first aider’s actions could cause further harm or put themselves or others at risk. If the first aider is asked to transport a colleague, they should assess whether it’s safe and practical to do so, taking into account their own driving abilities, the severity of the colleague’s condition, and the risks involved.
Insurance Implications and Workplace First Aid Policy for Transporting Colleagues to Hospital Using Personal Vehicles
In the event that a workplace First Aider needs to transport a colleague to a hospital using their personal vehicle, several insurance-related concerns and policy considerations must be addressed. Understanding the insurance implications and having a well-defined workplace first aid policy are essential for both the First Aider and the employer to ensure that the right steps are taken in compliance with legal and safety standards.
Workplace best Practice:
Workplace First Aid Policy
What is a workplace First Aid Policy?
The purpose of the workplace policy is to outline the framework for providing first aid assistance in the workplace, ensuring that employees are protected and have access to appropriate care in the event of an accident or medical emergency. This policy sets out the responsibilities of the employer, the role of First Aiders, and the procedures to follow in case of an injury or illness at work.
It is best practice to ensure that all staff are aware of the First Aid policy and how to effectively carry this out.
Legal Implications of Using Personal Vehicles
First and foremost, transporting a colleague in a personal vehicle has legal implications, and it is vital for both the First Aider and the employer to understand these risks.
Insurance Coverage
One of the primary concerns when using a personal vehicle to transport an injured colleague is whether the driver’s car insurance will cover the trip. Most standard car insurance policies are designed for personal use, not business or voluntary transportation of others. Here’s what to consider:
Personal Insurance: If a First Aider transports a colleague to a hospital, their car insurance may not cover any accident or injury that occurs during the trip unless the policy explicitly includes coverage for such activities. The individual must ensure that their insurance policy permits the transportation of others for non-business purposes.
Most standard car insurance policies are designed for personal use and may not extend coverage for transporting others, especially in a non-commercial setting. Here’s a breakdown of key factors:
Personal vs. Business Use: If a First Aider uses their own vehicle to transport a colleague, they need to confirm whether their personal car insurance policy covers “business” or “voluntary” use. While some insurers may cover occasional transport in emergencies, others may require a specific endorsement or rider to cover transportation for non-business purposes. If the First Aider’s insurance does not cover such situations, they may be personally liable for any damages or injuries that occur during the journey.
Liability Coverage: In the event of an accident while transporting a colleague, the First Aider could face liability for any injury or damage caused to the colleague, other passengers, or third parties. Liability coverage should be checked to ensure that it includes coverage in these specific circumstances.
Comprehensive or Collision Coverage if an accident occurs, comprehensive or collision coverage may help cover repair costs. However, the extent of coverage will depend on the individual’s insurance policy terms.
Risk Mitigation
To mitigate risks, the First Aider should:
Contact their insurance provider to confirm that their policy allows for the transportation of colleagues.
Ensure that the vehicle is in good working order, with all essential safety equipment (e.g., seat belts, airbags) functioning. The first Aider should Inform the employer and document the event to ensure transparency and clarity in case of a claim.
Understand to the workplace First Aid policy to ensure that the policy is adhered to.
Conclusion
In an emergency situation, a First Aider’s duty is to act in the best interest of the injured person while ensuring their own safety and the safety of others at the scene. Robust training and adherence to established first aid protocols not only protect the individual in need of care but also safeguard the First Aider and others involved. By staying within the limits of their training, following proper procedures, and ensuring a safe environment, First Aiders will stay compliant with the law and be prepared to handle emergencies effectively and responsibly.