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The Role and Legal Considerations of Automated External Defibrillators in the Workplace

The Role and Legal Considerations of Automated External Defibrillators in the Workplace 150 150 SPP Solutions

Automated external defibrillators (AEDs) have increasingly become a critical component of workplace and public space safety, particularly in environments where cardiac emergencies are possible. The Provision and Use of Work Equipment Regulations 1998 (PUWER) establishes essential guidelines for employers wishing to introduce AEDs into the workplace and the legal implications surrounding their use. This essay will explore the regulations surrounding AEDs, the legal responsibilities of employers and employees, and the protection afforded to individuals who intervene during emergencies, illustrating the importance of AEDs in saving lives and the framework of support surrounding their use in the workplace and beyond.

Regulatory Framework for AEDs in the Workplace

The PUWER 1998 regulations lay the groundwork for ensuring that all work equipment, including AEDs, is constructed and maintained appropriately for its intended use. According to Regulation 2, employers are responsible for ensuring that the work equipment provided is suitable for its purpose and adapted to the specific working conditions present in their workplace. This includes procuring AEDs and enabling a proper understanding of how to use them effectively when needed.

Specifically, if an employer determines through a thorough needs assessment that an AED is necessary for the workplace, they must comply with PUWER’s stipulations. This involves providing written instructions from the manufacturer on the AED’s operation and ensuring that employees possess the training required to utilise the device confidently. While basic instructional materials contribute to awareness, comprehensive training, incorporated into First Aid at Work (FAW) and Emergency First Aid at Work (EFAW) courses, equips employees with the practical skills and knowledge necessary to respond effectively, instilling confidence in their capabilities during emergencies. Further Information for Employers can be sought within the Health and Safety (First Aid) Regulations 1981 Para 44.

Legal Obligations and Responsibilities

In England and Wales, common law asserts that individuals typically bear no criminal liability for failing to assist another in danger unless specific conditions—such as an assumption of responsibility, a dangerous situation created by the bystander, or an existing contractual or statutory obligation—are met. These legal foundations illustrate the fundamental premise that the law encourages individuals to assist those in need but does not impose an undue burden of responsibility on bystanders.

Nonetheless, potential users of AEDs might be apprehensive about the legal repercussions of their actions in an emergency. The Resuscitation Council UK clarifies this matter, emphasising that individuals acting within their capabilities will likely avoid facing legal action when using an AED to aid a person in distress. Notably, since the enactment of the Social Action, Responsibility and Heroism Act 2015, which aims to protect “good Samaritans,” the threshold for successful claims of negligence against individuals who attempt to assist others has been heightened. Despite the Act’s brevity and perceived vagueness, its intended protective impact resonates deeply within the community of potential rescuers. Courts in the UK have historically favoured those who endeavour to aid others, thus decreasing the anxiety surrounding using AEDs by untrained bystanders.

The Role of Insurance Companies

Insurance companies play a significant role in shaping the environment surrounding AED use in workplaces. Often, they impose restrictions that can discourage individuals from intervening in emergencies. For instance, some insurance policies may state that only trained employees can use AEDs, creating a false narrative that bystanders should only act if they have received formal training. This stance is inaccurate and dangerous, as it can delay potentially life-saving treatment during critical moments.

AEDs are designed to be user-friendly, with clear instructions that guide users through delivering a shock if necessary. By perpetuating the idea that only specific individuals can use these devices, insurance companies may inadvertently contribute to a culture of inaction, whereby bystanders hesitate to help due to fear of repercussions or misunderstanding of their legal rights. Organisations must challenge these misconceptions and promote a culture where all employees feel empowered to act in emergencies, regardless of their formal training status.

Promoting AED Use

Given the increasing prevalence of cardiac arrests and the critical role AEDs play in survival during such events, organisations and employers are encouraged to promote AED training and awareness among their employees. A well-established culture of preparedness can significantly enhance workplace safety and contribute to better health outcomes in emergencies. Training sessions should focus on the mechanics of using an AED and cardiopulmonary resuscitation (CPR) techniques, recognising signs of cardiac distress, and fostering an environment of teamwork and support in emergencies.

Moreover, the provision of AEDs should be accompanied by regular maintenance and accessibility measures to ensure they are always in working order and available for use when necessary. Employers must be proactive, integrating AED management into their health and safety protocols, conducting routine checks, and ensuring that employees are regularly updated on the location and use of the device. As mentioned in previous blog posts, very little maintenance is needed to ensure AEDs are fit for purpose.

Conclusion

The deployment of AEDs within the workplace is not a regulatory requirement but a vital element of a comprehensive emergency response strategy. By adhering to the provisions outlined in PUWER 1998 and the H&S (FA) Regs 1981 fostering an empowered workforce through practical training, employers can significantly mitigate the risks associated with cardiac emergencies. The legal landscape, characterised by protections for would-be rescuers and a supportive framework for AED use, encourages individuals to step in during crises, ultimately enhancing community resilience.

As our understanding of workplace health and safety evolves, so must our commitment to integrating life-saving technologies like AEDs into everyday practices. By prioritising the installation, training, and legal safeguards surrounding AEDs, employers create a safer workplace where the potential for saving lives becomes an ingrained aspect of their organisational culture. The combination of adequate regulatory frameworks, appropriate training, and legal protections cultivates an environment where individuals are empowered to act during emergencies, underscoring the profound impact of being prepared in moments of critical need.

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CHRISTIAN ERIKSEN’S EURO 2020 CARDIAC ARREST: 5 LESSONS LEARNT

CHRISTIAN ERIKSEN’S EURO 2020 CARDIAC ARREST: 5 LESSONS LEARNT 500 282 SPP Solutions

Denmark’s players prepare for their second game of the 2020 European Championship today as they take on World number-one ranked Belgium, in what would typically be their toughest challenge of a tournament. However, it’s dwarfed in importance by the events of last Saturday. The World was shocked last Saturday when Dane talisman CHRISTIAN ERIKSEN’S EURO 2020 CARDIAC ARREST after suffering a cardiac arrest. Eriksen was ‘gone’, according to team doctor Morten Boesen, prior to the medical staff’s cardiac resuscitation. 

Source: https://www.bbc.co.uk/news/uk-england-london-57503062 | Getty Images
Source: https://www.bbc.co.uk/news/uk-england-london-57503062 | Getty Images

Whilst it was ultimately positive news for Eriksen, The British Heart Foundation estimates that 10,000 people needlessly die in the UK, due to our bystander CPR rate being as low as 39% in some areas, compared to 73% in Norway.

So what lessons can we take away from the event?

The early moments are hugely important

No one wants to be in a situation where they are forced to act in place of medical professionals. However, the impact of bystander CPR is critical. In fact, NEJM claims that the 30-day survival rate for patients who receive CPR before the arrival of emergency medical services was ‘more than double’ that of patients who did not. 

Fortunately for Erikson, his captain Simon Kjaer secured the former’s neck, cleared his airways and started CPR. To make his actions even more heroic, he then encouraged the players to form a protective shield around Erikson to provide privacy from cameras, even consoling Erikson’s visibly upset wife once the medics were present. 

Doctors the world over have claimed that Kjaer ‘saved his friend’s life’, and it shows us how important it is to act swiftly.


Learn how to administer CPR

This may seem obvious, but people fall victim to many different reasons in not learning emergency first-aid. Whilst many people simply don’t get around to learning it, others may hold the belief that it’s too expensive to learn, or too stressful as they would then consider themselves responsible at the scenes of potential incidents. 

In fact, a British Red Cross poll of more than 2,000 adults across the UK found that nearly two-thirds of respondents thought people avoid learning first aid because of the responsibility it carries.

However, whilst learning first-aid is an undertaking that should be taken seriously, it can also be interesting and highly rewarding. 

You can see our range of First-Aid Courses here.

Try to locate an AED

Defibrillators can often be the difference in someone surviving a cardiac arrest.
There are many fixed AED points in public places and office blocks so it’s always worth being aware of your nearest one, especially if you are a regular visitor to a location, such as an office. However, modern AED’s are also extremely portable, so if you find yourself in a situation whereby you need an AED, always ask any bystander if they can help locate one, whilst you continue with CPR.

Encourage others to do the same. 

While it is one thing to learn emergency CPR for yourself, there is also huge value in encouraging those around you to do the same.
If you manage a team or know people who require a little bit of encouragement to take new skills on, then you can make a real difference in leading by example.

Being fit doesn’t always prevent serious incidents.

Christian Eriksen is 29-years-old and has played 226 games in the Premier League – known to be the most physically demanding of all the elite football leagues. His cardiologist at Tottenham has said since the incident that Erikson’s heart health was ‘completely norma’, a message echoed by his current club doctor at Inter Milan, Piero Volpi.

So while it’s clear that we should all adopt healthy lifestyle choices, it’s worth keeping in mind that everyone can be affected by emergency situations. 


Closing thoughts

Learning how to respond to a first aid emergency is one of the most worthwhile uses of your time and resources. Fortunately, the fast response of the referee – the game was stopped and medics signalled within 5 seconds of Eriksen collapsing – and the players and medical staff ensured this incident did not end in tragedy like CHRISTIAN ERIKSEN’S EURO 2020 CARDIAC ARREST.

It may be worth reflecting on how you and your team can be ready to deal with a similar situation. 

You can view our range of First-Aid courses here. 

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HOW OFTEN IS FIRST AID REFRESHER TRAINING REQUIRED?

HOW OFTEN IS FIRST AID REFRESHER TRAINING REQUIRED? 500 343 SPP Solutions

We’re often reminded of the importance of learning First Aid Training but HOW OFTEN IS FIRST AID REFRESHER TRAINING REQUIRED? What’s often overlooked is the ongoing training required to ensure first aiders retain the basic skills, as well as remaining informed of any changes to first-aid procedures.

Health and Safety Executive (HSE) ‘strongly recommends’ that first aiders undertake annual refresher training, over half a day, during any three-year certification period. This isn’t mandatory.

There is, however, a three-year expiry date on first aid at work training courses or an emergency first aid at work training course, from the date of issue.

Three day first aid at work certificates can be renewed by taking a two-day refresher course, provided this is undertaken within 28 days of the certificate expiry date.

As mentioned in our previous article, there is no fixed number of first aiders in all workplaces; that depends on the results of your first aid needs assessment. However, HSE will not recognise a first-aider in a workplace if they have not refreshed their training for over three years.

You can view our range of First Aid Training courses helping (HOW OFTEN IS FIRST AID REFRESHER TRAINING REQUIRED?) here. You can also visit our Homepage for more information.

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WHEN IS IT LEGALLY TOO HOT TO WORK?

WHEN IS IT LEGALLY TOO HOT TO WORK? 500 334 SPP Solutions

Businesses could do with a break as they aim to recover from the Covid-19 pandemic. However, with record temperatures being recorded across the globe and the first heatwave warning of its kind announced in the UK today, where do businesses and employees stand when it comes to temperatures in the workplace? Let’s answer WHEN IS IT LEGALLY TOO HOT TO WORK?

Before we go any further, you may be thinking ‘surely not?’. However, some businesses in the UK – including Welsh establishments The Stone Crab restaurant, Pembrokshire, and the Stamp and Grind Coffee Bar, Blackwood – have indeed closed amid the heatwave. The latter recorded a temperature of 42 degrees Celsius behind the counter, and a decision was made to close the doors for three days.

Of course – as with anything in the current climate – there was a social media backlash, with one user telling the UK to ‘get a grip’.

However, this isn’t useful from a legal standpoint.

There is no set upper temperate limit in the UK workplace. Nevertheless, employers have a legal obligation to ensure that the temperature in the workplace is ‘reasonable’, as outlined by the Workplace (Health, Safety, and Welfare) Regulations 1992.

However, HSE has created a ‘thermal comfort checklist’, which essentially states that if two or more of their criteria are ‘ticked’, then a more extensive risk assessment ‘may need to be carried out’.

The Trades Union Congress (TUC) stated – at the bottom of page 3 in their document – that it believes a maximum temperature of 30°C should be set by employers, with a maximum of 27°C put into place for those doing strenuous work.

With nothing legally binding, it’s up to the employer and employee to work together to ensure work is as safe and comfortable as possible.

Here are some informal tips for employees and employers during hot weather:

For employees

  • If work keeps you outdoors for a long time your skin could be exposed to more sun than is healthy for you.
  • You should take particular care if you have: fair or freckled skin that doesn’t tan, or goes red or burns before it tans, red or fair hair and light coloured eyes, a large number of mole
  • Too much sunlight is harmful to your skin as it can cause skin damage including sunburn, blistering and skin ageing and in the long term can lead to an increased risk of skin cancer.
  • You can manage your exposure to the sun by wearing high factor sunscreen, drinking lots of water and taking regular breaks in shaded areas.

For employers

  • Reschedule work to cooler times of the day
  • Provide more frequent rest breaks and introduce shading to rest areas
  • Provide free access to cool drinking water
  • Introduce shading in areas where individuals are working
  • Encourage the removal of personal protective equipment when resting to help encourage heat loss
  • Educate workers about recognising the early symptoms of heat stress

Closing thought

As global temperatures continue to rise in the foreseeable future, it will be interesting to monitor how policy towards temperature in the workplace change in the UK and further afield.

Is Health & Safety a concern to you and your workplace? View our Health & Safety courses here.

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