Train Staff Not Allowed To Give Medical Help To Passengers

By · September 22, 2010 at 9:10 am · No comments · Latest News · Report an error ·

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Photo by crashcalloway from the Londonist Flickr pool

If you’re feeling at all unwell don’t travel by First Capital Connect, or make sure there’s a qualified first aider in your carriage. After a man collapsed at St Alban’s station a few weeks ago and FCC staff said they didn’t have first aid training, witness Rachel Hughes has been told by the TOC that some staff did have the necessary skills – of course they do, anyone’s who’s worked anywhere knows companies have an obligation to train some first aiders – but at FCC, that training does not allow staff to treat passengers.

This is a swingeing reading of the law. Health and Safety (First-Aid) Regulations 1981 (oh yeah, we’re getting into legislation now) says companies only have to make provision for their employees. So FCC is legally in the right. Morally however… HSE guidance “strongly recommends that non-employees are included in an assessment of first-aid needs and that provision is made for them”. This is the principle that covers children in schools, and we definitely had our grazed knees and bumped heads looked after post-1981.

Is FCC’s refusal to extend first aid care to its paying passengers an example of the creeping fear of litigation, spreading from the United States, or them simply not being willing to provide whatever training or insurance cover is necessary? Surely, rather than relying on members of the public, employees of a company that comes into contact with thousands of people every day (some packed into hot, cramped carriages) should be able to put someone into the recovery position until an ambulance arrives?

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  • http://undefined Christiane

    That’s quite shocking. I witnessed staff of Southeastern a couple of weeks ago helping someone with an epileptic fit together with passengers. There are countries in Europe where it’s against the law not to help: http://en.wikipedia.org/wiki/Duty_to_rescue

    • http://www.firstaid-training-london.co.uk mark wigley

      hi christiane,

      i think in France it is against the law not to help someone in distress. The problem in the UK is that although companies have to provide trained first aiders to look after their staff there is no obligation for them to provide first aid to members of the public although the HSE does recommend that the public be taken into account when organising first aid provision.

      Check out some courses that are available at http://www.firstaid-training-london.co.uk

  • http://undefined mark wigley

    this is totally outrageous and this fear of litigation of being sued for giving first aid is totally unfounded. There is no court in this land that would side with a person injured during first aid provision unless it was proven that the first aider was acting recklessly, acted outside their training or didnt do what a reasonable person would. Its just another example of people hiding behind things to avoid doing what is right, similar to the rubbish you hear in the papers about “elf and safety”. The law in this country in he main protects those who act sensibly and prudently to try and help other people in difficult situations. FCC should be totally ashamed of themselves considering that the person involved could have been one of their paying customers. shows how much they care! why not take a first aid course at http://www.firstaid-training-london.co.uk.

    • mustard57

      Is this a little like the position on an plane, where crew occasionally request that a doctor comes forward?

      Seriously – how many companies train their staff to deal with first aid emergencies? If you collapsed in Marks and Spencers would the staff aid you, or would it be a member of the public.

      I agree that it is not right that staff should be afraid to help, slightly less keen on the slightly knee jerk ‘shocking / outrageous’ response.

      • http://www.firstaid-training-london.co.uk mark wigley

        Cabin Crew do get quite a bit of first aid training as i understand, a slightly more intensive course than the average first aid at work course. The ironic thing is when it comes to delivering CPR on someone whose heart has stopped, a doctor on a plane probably will only be able to give the same skill level performance as that of the trained first aider!

        All companies in the UK have to assess their first aid provision and train their staff accordingly, its a legal requirement. But this only covers employees on employees and not employees on public!

        More information on first aid training for employers is available at http://www.firstaid-training-london.co.uk

  • RachelH

    Actually, all companies – public facing or not – are required by law to train some first aiders on their staff. Ask around your office, there’ll be a first aider on your floor. As I said in the post, it’s whether that first aid is extended to non-employees that’s the issue. However, if a company’s purpose is to deal with the public and staff are specifically barred from offering their skills to said public, that is weird and, I think, shocking.

    • http://www.firstaid-training-london.co.uk mark wigley

      you are absolutely correct in what you say! There is currently no legal obligation on first aiders in the workplace to aid members of the public although the HSE do recommend that the public are considered in first aid provision. In fact out on the streets there is no legal requirement for a first aider to assist a fellow citizen in need, i believe in Europe the laws are slightly different.

      You can follow me on twitter @meduc8training

  • http://undefined fluff_mike
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