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3 min readBy ACWI

Avoiding Liability With First Aid

A first aid kit is one of the most common items in American workplaces, but if you don’t learn how to use it right, the result can cost you dearly. Under OSHA rules, professional medical treatment for seriously injuries must be available for employees within…

A first aid kit is one of the most common items in American workplaces, but if you don’t learn how to use it right, the result can cost you dearly.

Under OSHA rules, professional medical treatment for seriously injuries must be available for employees within a three- to four- minute response time. In low-hazard settings like offices it can be up to 15 minutes. If medical help is not in this proximity, first aid must be available.

First aid is defined as medical attention administered immediately after an injury occurs. This usually means one-time, short-term treatment requiring minimal technology and training, such as cleaning minor cuts, treating minor burns, applying bandages, and using non-prescription medicine.

However, keep in mind that as defined, first aid does not include CPR, although many employers offer CPR training, and also does not cover automated external defibrillators (AEDs).

If you are located in California, or a state with similar requirements, consult a physician about what to include in the first aid kit and obtain written verification of the consultation.

First aid training needs to be tailored to the workplace, stresses attorney Ilana R. Morady of the law firm of Seyfarth Shaw. For example, if employees work in a warehouse or yard where there are extreme temperatures, training should include how to treat heat exhaustion and heat stroke.

You also should consider the kinds of injuries that occur in your workplaces when deciding on the contents and quantity of the materials you want to include in a first aid kit.

First aid training for employees and training materials can be obtained from organizations such as the American Red Cross. Training programs also should be periodically reviewed and updated with current first aid techniques and knowledge.

The employees who have received the training need to refresh their knowledge on a regular basis. OSHA recommends that employees receive first aid skills and knowledge re-training and updated certification cards every three years. Regardless of the range of topics covered by your first aid training, it must include documented written and practical tests.

OSHA also requires that first aid kits be readily available, which should be easy to ensure in fixed facilities. However, when it comes to truck drivers, Morady recommends that employers also make sure that they have first aid kits on their trucks.

Although it is against the law to ask employees about pre-existing or unknown health conditions such as an allergy, epilepsy or a cardiovascular condition, you can ask them if they can safely perform a particular task, she points out.

OSHA deems an injury recordable when an employee receives medical treatment that goes beyond first aid, but defining that can be confusing, Morady explains.

“If the company nurse gives an employee with an injured knee two Tylenol pills, that’s first aid and the injury is not recordable. But three pills is prescription strength and may be considered medical treatment.”
Also defined as medical treatment can be the use of oxygen, numbing or antibacterial eye drops, certain skin creams, rigid versus non-rigid splints and medical glue to close a cut.

Morady says you may be able to inoculate your company from liability by conducting a job hazard analysis of each worksite to determine what type of first aid materials you need at each worksite.

Develop written statements to document first aid procedures along with mandatory employee training and re-training. And don’t forget to make sure the first aid providers’ certifications are up to date.

Originally published February 15, 2020 · updated March 22, 2023.

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