Alsco First Aid

Failure To Provide Proper First Aid Can Land You in Jail

First Aid is an important and useful skill in the workplace. Providing employees with effective first aid can result in the preservation of life, the prevention or mitigation of disability and the promotion of safety awareness.

There is a public expectation that injury and/ or death should not occur in the workplace. In Australia, it is a legal requirement that all workplaces comply with the Occupational Health and Safety (or OHS) Act 2000 and Regulation 2001. The aim of the regulation is to minimise the incidence of place of work injuries and disease.

Businesses that breach the OHS Act and OHS Regulation can receive financial penalties of up to $1.65 million as well as 'naming and shaming' in the press.

In addition, directors and persons concerned in the management of corporations may also be held to be individually liable where their corporation breaches OH&S laws(s26, Occupational Health & Safety Act 2000 (NSW), OH&S Act). Individuals found to be in offence of these laws can be fined up to $165,000 and face up to 5 years imprisonment.

OHS Basic Duties

It is incumbent upon employers and land owners to ensure the health, safety and welfare of employees at the workplace. The duties that may apply include:

• a duty to ensure health safety and welfare of its employees at work(s8(1), OH&S Act),
• a duty to ensure that non-employees are not exposed to health or safety risks at the place of work(s8(2) OH&S Act), and
• as controllers of land/premises used as a place of work, or of plant or substances used at work, a duty to ensure that the land, plant and substances are safe and without risks to health when properly used (including providing adequate information to the user) (s 10 OH&S Act).

Controlling Risk

Employers must 'control' to the fullest extent possible, all the risk to the health and safety of their employees. In particular, the owner must ensure that that appropriate risk management procedures and protocols are in place … and also that relevant insurances have been effected for such risks. A combination of these measures should be taken to prevent injury and disease:

• Review risk assessments and control measures
• Provide instruction, training and information
• Provide supervision
• Provide and maintain personal protective equipment
• Obtain information
• Provide for emergencies
• Provide amenities and accommodation
• Provide first aid facilities and personnel.

Penalties

Employers should not underestimate the impact that breaches of OH&S can have on their legal liability. While this article refers to NSW OH&S laws, similar duties exist in most states and territories under Commonwealth law. Below are the maximum penalties for breaches of the OHS Act and OHS Regulation:

OHS Act (2000)

1st Offence = $550,000

2nd Offence = $1,650,000

Individual Managers = 1st Offence = $55,000

Individual Managers = 2nd Offence = $165,000 and/or 5 years imprisonment

Staff- Penalty = $3,300

Staff Penalty Second Offence = $4950

OHS Regulation (2001)

Level 1 = $2,200

Level 2 = $3,300

Level 3 = $11,000

Level 4 = $27,500