Lives Now At Risk As Result Of HSE Removal Of Need For Professional First Aid Training

The introduction of amended First Aid regulations by the HSE has gone unnoticed, and is yet another attack on workers protection from death and injuries at work. The Health and Safety Executive (HSE) consulted late last year on proposals to amend the Health and Safety (First Aid) Regulations 1981 - CD248, to remove the requirement for HSE to approve first aid training and qualifications, amending Regulation 3(2) of the Regulations.

The consultation also reviewed the Approved Code of Practice, seeking views on its usefulness, the current structure of first aid provision in the workplace and the content of associated guidance and what information would be useful to include in proposed new guidance.

Despite there being a very clear majority:

(a) disagreeing with the recommendation to remove the requirement for HSE to approve all first aid training and qualifications (63%),

(b) agreeing that the current ACoP was fit for purpose (69%),

(c) agreeing that the current framework for first aid provision was fit for purpose (81%)

the HSE Board approved the changes to the regulations to be in place from 1 October 2013.

This was done despite the objection, whilst the HSE state that it is keen to hear the views of businesses and workers. This action of course, begs the question Is the HSE actuallyor just going through the motions?

Pc: Dave JoyceDave Joyce, CWU's National Health, Safety & Environment Officer, provides a clear answer to that question in letter to branches LTB312/13 in which he goes into the detail of the CWU response to the HSE consultations CD248 & CD251:

The Health and Safety Executive (HSE) have undertaken another short 6-week consultation on proposals for changes to the Health and Safety (First-Aid) Regulations 1981, Approved Code of Practice (ACoP) and Guidance.

CWU does not agree with the removal of the legal requirement for first-aiders to have approved training. We believe this removal goes far beyond the Löfstedt recommendation, which was only to remove the need for HSE approval and not the removal of the need for approved training. We also believe that the current system works well and is well-known and used by employers.

However, as this ill-advised change is to be implemented, we strongly believe there must be sufficient checks and balances to ensure quality-control of the system to ensure it is robust. Given the potentially life-saving nature of first-aid provision, high-quality training and good uptake is essential. We are concerned that this change could cause standards of provision and levels of uptake to fall. Also, that duty holders will need to spend more time and effort understanding the new system and verifying the accreditation of their first-aid training providers, as well as meeting additional costs.

This consultation [CD251] seeks views on the content of revised guidance to help duty holders decide on appropriate arrangements for the provision of first aid at work which is vitally important and can be a matter of life or death to an accident victim or for example the victim of a heart attack, stroke or fit. However, this is one of the most deficient consultation that we have seen for some time.

It gives no reasons for removing the ACoP, does not give any assessment as to the impact on workers and talks about “proposed new guidance” that does not seem to exist anywhere (unless HSE only mean the current guidance with the addition of the current ACoP converted/downgraded to guidance?

The CWU has concerns that the whole HSE consultation programme (including CD251) associated with the government's implementation of the Löfstedt recommendations does not allow sufficient time for full deliberation and consultation on occupational safety and health legislation and ACoPs. Similar concerns have been raised by other Trade Unions, the TUC, the Safety Profession and Employers.

Pic: LTB312/13The CD251 Consultation has totally ignored the overwhelming response to CD248 and also ignored the similar view taken by the HSE Board that the ACoP should be retained and the Consultation should be seeking views on if the ACoP needs strengthening and what should it contain or whether it could be covered by guidance”.

Instead the Consultation Document simply states that the “HSE believes there is the potential to incorporate the ACoP text into the proposed new guidance.”

The CWU along with nearly 70% of respondents to CD248 strongly objects to the proposed removal of the current Approved Code of Practice (ACoP) L74 and downgrading it to weaker guidance.

It is important to keep the 'quasi-legal' status of this text. We believe that its loss would give the negative and unhelpful message that first-aid provision is now considered to be less important and serious than previously.

Observance of a relevant Approved Code of Practice may be considered as evidence of good practice in a court but Guidance does not have similar status. Businesses and employers need to understand what they need to do to comply with health and safety law, while maintaining regulatory standards. The HSE proposals do not achieve that objective.

As previously reported, the HSE is embarking on a programme of undertaking a series of consultations on proposals to reduce or modify Health and Safety Regulations, ACoPs and Guidance under instruction from the Coalition Government which has pledged that it will reduce the total number of regulations businesses have to comply with by 84 per cent by 2014 and this appears to be the driving force behind the plans rather than any proposed changes being justified or being evidence based. This consultation is just one of many more so called simplification and revocation Consultations that have happened or are going to follow.

The CWU remain strongly opposed to many of the changes proposed by Lord Young report "Common Sense, Common Safety" and Professor Ragnar Löfstedt's Report "Reclaiming Health & Safety For All" which the HSE were under firm instruction from the DWP Minister and Government to implement. CWU sees no justifiable good reason for many of the changes. As expected, the spending cuts and government attacks on health and safety protection for our members at work continue with this latest proposal which amounts to another dramatic change in the regulation and enforcement of the health and safety, this time signalling the removal of HSE and LA Inspectors visits to our members Royal Mail BT workplaces to undertake proactive, unannounced health and safety Inspections.

The TUC Union Health and Safety Specialists Committee (of which Dave Joyce is a member) has met to consider these proposals and all Unions will be considering similar detailed response to that being made by the Health, Safety & Environment Department. CWU Safety Reps are encouraged respond to these Consultative Documents (CDs).

The full LTB including the full draft of the CWU response can be dowloaded from the E-Libarary Database by searching within the category of 'HSE cosultations'.

Source: CWU

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