First Aid Policy (England & Wales)

A First Aid Policy in the United Kingdom is a legally binding written instrument.

Regulation 3 of the 1981 Regulations imposes a duty on every employer to provide, or confirm that there are provided, equipment and facilities that are adequate and appropriate in the circumstances for enabling first aid to be rendered to employees who are injured or become ill at work. Regulation 3(2) further requires employers to confirm that an adequate number of suitable persons are available at all times when employees are at work to administer first aid. Regulation 4 places an obligation on employers to inform employees of the first aid arrangements, including the names of first aiders and appointed persons and the locations of first aid equipment.

The Management of Health and Safety at Work Regulations 1999 (MHSW 1999) supplement the 1981 Regulations by requiring employers to conduct a suitable and sufficient risk assessment of the hazards and risks present at the workplace. This includes a first aid needs assessment, which forms the basis for determining what first aid provision is required. Under section 2(3) of HSWA 1974, employers with five or more employees must also prepare a written statement of their general policy with respect to health and safety, and a First Aid Policy is an essential component of that wider health and safety management framework.

The HSE Approved Code of Practice L74 provides detailed guidance on how employers should approach their first aid needs assessment and what constitutes adequate first aid provision for different types of workplace. Whilst failure to follow an Approved Code of Practice is not itself a criminal offence, the Health and Safety at Work etc. Act 1974 provides that if it is proved that a defendant failed to observe any provision of an approved code of practice and the proceeding relates to a matter in respect of which the code was approved, that failure is taken as proof of failure to comply with the relevant statutory provision, unless the court is satisfied that the requirement was complied with in some other equally effective way. A well-drafted, current First Aid Policy is therefore the primary mechanism through which employers demonstrate compliance with their legal obligations.

A First Aid Policy is required whenever an organisation employs staff in England and Wales. The legal duty under Regulation 3 of the Health and Safety (First-Aid) Regulations 1981 applies to all employers, regardless of the size of the workforce or the nature of the work. Even a sole trader who employs a single member of staff must comply with the Regulations, although the level of provision required will be proportionate to the risks involved.

A formal written First Aid Policy is particularly important in the following circumstances. It is essential for any employer with five or more employees, since section 2(3) of the Health and Safety at Work etc. Act 1974 requires a written health and safety policy for workplaces of this size. The First Aid Policy is an integral part of that documented health and safety management system. Employers in higher-hazard environments — such as construction sites, manufacturing facilities, warehouses, care homes, and schools — have a heightened obligation under both the 1981 Regulations and the Management of Health and Safety at Work Regulations 1999 to conduct a thorough first aid needs assessment and to document the resulting provision in a written policy.

A First Aid Policy is also required when there has been a significant change in the workplace that could affect first aid needs — for example, an increase or decrease in the number of employees, a change in the nature of the work undertaken, a change in working hours or shift patterns, or a change in the physical layout of the premises. The HSE Approved Code of Practice L74 recommends that the first aid needs assessment and the resulting policy be reviewed regularly, and at least annually.

Following a RIDDOR-reportable incident (under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013), the HSE may inspect the workplace and require the employer to produce evidence of its first aid arrangements. A documented First Aid Policy is the primary evidence that an employer can produce to demonstrate compliance. Similarly, in the event of an employers' liability insurance claim arising from a workplace injury, the insurer will typically request evidence of the employer's first aid policy and procedures.

For organisations that provide services to clients on their premises — such as retailers, hospitality businesses, and event venues — a First Aid Policy is also important in relation to duties owed to non-employees. Under section 3 of the Health and Safety at Work etc. Act 1974, employers have a duty to conduct their undertaking in such a way as to confirm, so far as is reasonably practicable, that persons not in their employment who may be affected are not exposed to risks to their health or safety. Whilst the 1981 Regulations technically apply only to provision for employees, first aid provision that is adequate for the workforce will generally also benefit visitors and members of the public in an emergency.

A thorough First Aid Policy for a workplace in England and Wales must contain several essential elements that together demonstrate compliance with the Health and Safety (First-Aid) Regulations 1981 and the HSE Approved Code of Practice L74.

The first aid needs assessment provides the foundation for the entire policy. Under the Management of Health and Safety at Work Regulations 1999, employers must conduct a suitable and sufficient risk assessment, and the HSE guidance in L74 specifies that this must include an assessment of first aid needs having regard to: the hazards and risks at the workplace, the size of the workforce and its distribution, the nature of the work and whether it involves higher-hazard activities, the location of the workplace in relation to emergency services and hospitals, and whether the workplace operates shift patterns that require first aid cover at all times.

The appointment of first aiders and appointed persons must be clearly documented. The policy should identify by name all qualified first aiders (specifying whether they hold a first aid at work or emergency first aid at work certificate) and all appointed persons, together with the areas of the workplace for which they are responsible. Under Regulation 4 of the 1981 Regulations, employers are required to inform employees of these arrangements.

First aid equipment and facilities must be described, including the location of all first aid kits, first aid rooms (if any), and automated external defibrillators. The policy should specify the minimum contents of each first aid kit, the schedule for inspecting and replenishing kits, and the person responsible for maintaining the equipment.

Emergency procedures form a critical component of the policy. The policy must set out the step-by-step actions that employees should take in the event of a serious injury or medical emergency, including the procedure for calling the emergency services, how to direct ambulance crews to the workplace, and who to notify within the organisation. The name and address of the nearest hospital accident and emergency department should be prominently recorded.

Training requirements and renewal schedules must be documented. The policy should specify which employees are required to hold first aid qualifications, which training provider is used, and when certificates must be renewed. FAW and EFAW certificates are valid for three years under the Regulations.

Record-keeping obligations must be addressed, including the accident book arrangements, the obligation to report specified incidents to the HSE under RIDDOR, and the data protection considerations that apply to accident records under the UK GDPR and the Data Protection Act 2018.

Finally, the policy must clearly assign responsibilities for first aid provision to specific roles within the organisation, identify the policy owner responsible for keeping the policy under review, and specify the review date. The forms-legal.com First Aid Policy (England & Wales) template covers the mandatory elements under Companies Act 2006.