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The Health and Safety (First-Aid) Regulations 1981

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Statutory Instruments

1981 No. 917

HEALTH AND SAFETY

The Health and Safety (First-Aid) Regulations 1981

Made

29th June 1981

Laid before Parliament

9th July 1981

Coming into Operation

1st July 1982

The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (3)(a), (4)(a), (5)(b) and (9) and 49(1) and (4) of, and paragraphs 10 and 14 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(1) (“the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Health and Safety (First-Aid) Regulations 1981 and shall come into operation on 1st July 1982.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

first-aid” means

(a)

in cases where a person will need help from a medical practitioner or nurse, treatment for the purpose of preserving life and minimising the consequences of injury and illness until such help is obtained, and

(b)

treatment of minor injuries which would otherwise receive no treatment or which do not need treatment by a medical practitioner or nurse;

mine” means a mine within the meaning of section 180 of the Mines and Quarries Act 1954(2).

(2) In these Regulations, unless the context otherwise requires, any reference to—

(a)a numbered Regulation or Schedule is a reference to the Regulation of, or Schedule to, these Regulations bearing that number;

(b)a numbered paragraph is a reference to the paragraph bearing that number in the Regulation in which the reference appears.

Duty of employer to make provision for first-aid

3.—(1) An employer shall provide, or ensure that there are provided, such equipment and facilities as are adequate and appropriate in the circumstances for enabling first-aid to be rendered to his employees if they are injured or become ill at work.

(2) Subject to paragraphs (3) and (4), an employer shall provide, or ensure that there is provided, such number of suitable persons as is adequate and appropriate in the circumstances for rendering first-aid to his employees if they are injured or become ill at work; and for this purpose a person shall not be suitable unless he has undergone—

(a)such training and has such qualification as the Health and Safety Executive may approve for the time being in respect of that case or class of case, and

(b)such additional training, if any, as may be appropriate in the circumstances of that case.

(3) Where a person provided under paragraph (2) is absent in temporary and exceptional circumstances it shall be sufficient compliance with that paragraph if the employer appoints a person, or ensures that a person is appointed, to take charge of—

(a)the situation relating to an injured or ill employee who will need help from a medical practitioner or nurse, and

(b)the equipment and facilities provided under paragraph (1)

throughout the period of any such absence.

(4) Where having regard to—

(a)the nature of the undertaking, and

(b)the number of employees at work, and

(c)the location of the establishment,

it would be adequate and appropriate if instead of a person for rendering first-aid there was a person appointed to take charge as in paragraph (3)(a) and (b), then instead of complying with paragraph (2) the employer may appoint such a person, or ensure that such a person is appointed.

Duty of employer to inform his employees of the arrangements made in connection with first-aid

4.  An employer shall inform his employees of the arrangements that have been made in connection with the provision of first-aid, including the location of equipment, facilities and personnel.

Duty of self-employed person to provide first-aid equipment

5.  A self-employed person shall provide, or ensure that there is provided, such equipment, if any, as is adequate and appropriate in the circumstances to enable him to render first-aid to himself while he is at work.

Power to grant exemptions

6.—(1) Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons, from any of the requirements imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time.

(2) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to—

(a)the conditions, if any, which it proposes to attach to the exemption, and

(b)any other requirements imposed by or under any enactment which apply to the case,

it is satisfied that the health, safety and welfare of employees and self-employed persons and the health and safety of other persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

Cases where these Regulations do not apply

7.  These Regulations shall not apply—

(a)where the Diving Operations at Work Regulations 1981 apply;

(b)where the Merchant Shipping (Medical Scales) (Fishing Vessels) Regulations 1974 apply;

(c)where the Merchant Shipping (Medical Scales) Regulations 1974 apply;

(d)on vessels which are registered outside the United Kingdom;

(e)to a mine of coal, stratified ironstone, shale or fireclay;

(f)in respect of the armed forces of the Crown and any force to which any provision of the Visiting Forces Act 1952 applies.

Application to miscellaneous mines

8.  In their application to mines not excluded from these Regulations by Regulation 7(e), Regulations 3 and 4 shall have effect as if the manager for the time being of any such mine were an employer and as if the persons employed were his employees.

Application offshore

9.  Subject to Regulation 7, these Regulations shall apply to and in relation to any premises or activity to or in relation to which sections 1 to 59 of the Health and Safety at Work etc. Act 1974 apply by virtue of Articles 6 and 7(a), (b) and (d) of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1977 (which relate respectively to mines extending beyond Great Britain and to certain activities concerning vessels and construction works in territorial waters).

Repeals, revocations and modification

10.—(1) The enactments mentioned in column (1) of Schedule 1 are hereby repealed to the extent specified opposite thereto in column (3) of that Schedule.

(2) The Orders and Regulations mentioned in column (1) of Schedule 2 are hereby revoked to the extent specified opposite thereto in column (3) of that Schedule.

(3) Section 91(1) of the Mines and Quarries Act 1954 shall be modified by after the words “every mine” inserting the words “of coal, stratified ironstone, shale or fireclay”.

Signed by order of the Secretary of State.

David Waddington

Joint Parliamentary Under Secretary of State

Department of Employment

29th June 1981

Regulation 10(1)

SCHEDULE 1REPEALS

(1)(2)(3)
Short titleChapterExtent of repeal
The Mines and Quarries Act 1954.1954 c. 70; relevant amending instrument is S.I. 1974/2013.In section 115, the words “section ninety-one (save in so far as it relates to persons employed below ground)” and in paragraph (a) the words “and ninety-one”.
The Agriculture (Safety, Health and Welfare Provisions) Act 1956.1956 c. 49.Section 6(1) and (4).
The Factories Act 1961.1961 c. 34.Section 61.
The Offices, Shops and Railway Premises Act 1963.1963 c. 41.Section 24.

Regulation 10(2)

SCHEDULE 2REVOCATIONS

(1)(2)(3)
Regulations or OrderReferenceExtent of revocation
The Wool, Goat-Hair and Camel-Hair Regulations 1905.S.R. & O. 1905/1293.Regulation 15.
The Horsehair Regulations 1907.S.R. & O. 1907/984.Regulation 9(d).
The Ambulance and First-Aid Arrangements at Blast Furnaces, Copper Mills, Iron Mills, Foundries and Metal Works Order 1917.S.R. & O. 1917/1067; amended by S.R. & O. 1925/863 and S.I. 1961/2434.The whole Order.
The Saw Mills and Woodworking Factories Welfare (Ambulance and First Aid) Order 1918.S.R. & O. 1918/1489; amended by S.R. & O. 1925/864 and S.I. 1961/2434.The whole Order.
The Hides and Skins Regulations 1921.S.R. & O. 1921/2076.Regulation 1.
The Chemical Works Regulations 1922.S.R. & O. 1922/731; relevant amending instruments are S.I. 1961/2435, 1981/16.Regulations 10(a), 12, 13, 14 and 17(2)(g).
Order dated 24th August 1925 revoking provisions in the Ambulance and First-Aid Arrangements at Blast Furnaces, Copper Mills, Iron Mills, Foundries and Metal Works Order 1917.S.R. & O. 1925/863.The whole Order.
Order dated 24th August 1925 revoking provisions in the Saw Mills and Woodworking Factories Welfare (Ambulance and First Aid) Order 1918.S.R. & O. 1925/864.The whole Order.
The Herring Curing (Scotland) Welfare Order 1926.S.R. & O. 1926/535; to which there are amendments not relevant to these Regulations.Articles 3 and 4.
The Herring Curing Welfare Order 1927.S.R. & O. 1927/813, amended by S.I. 1960/1690.Articles 3 and 4.
The Oil Cake Welfare Order 1929.S.R. & O. 1929/534.Article 7.
The Docks Regulations 1934.S.R. & O. 1934/279, to which there are amendments not relevant to these Regulations.Regulations 4 to 8.
The Clay Works (Welfare) Special Regulations 1948.S.I. 1948/1547.Regulation 7 and the Schedule.
The Miscellaneous Mines (General) Regulations 1956.S.I. 1956/1778.Regulation 71.
The Quarries (General) Regulations 1956.S.I. 1956/1780.Regulation 38.
The Agriculture (First Aid) Regulations 1957.S.I. 1957/940.The whole Regulations.
The First-aid Boxes in Factories Order 1959.S.I. 1959/906; relevant amending instrument is S.I. 1961/1250.The whole Order.
The Docks (First-aid Boxes) Order 1959.S.I. 1959/2081.The whole Order.
The First-aid (Standard of Training) Order 1960.S.I. 1960/1612; relevant amending instrument is S.I. 1961/1250.The whole Order.
The First-aid (Revocation) Regulations 1960.S.I. 1960/1690.The whole Regulations.
The First-aid Boxes (Miscellaneous Industries) Order 1960.S.I. 1960/1691.The whole Order.
The Shipbuilding and Ship-repairing Regulations 1960.S.I. 1960/1932, to which there are amendments not relevant to these Regulations.Regulation 79 and Schedule 3.
The Railway Running Sheds Order 1961.S.I. 1961/1250.Paragraphs 8 and 9 of the Schedule.
The Blast Furnaces and Saw Mills Ambulance (Amendment) Regulations 1961.S.I. 1961/2434.The whole Regulations.
The Chemical Works Ambulance (Amendment) Regulations 1961.S.I. 1961/2435.The whole Regulations.
The Docks (Training in First-aid) Regulations 1962.S.I. 1962/241.The whole Regulations.
The Offices, Shops and Railway Premises First Aid Order 1964.S.I. 1964/970; relevant amending instrument is S.I. 1974/1943.The whole Order.
The Offices and Shops in Factories (First Aid) Regulations 1964.S.I. 1964/1321.The whole Regulations.
The Offices at Building Operations &c. (First Aid) Regulations 1964.S.I. 1964/1322.The whole Regulations.
The Offices in Electrical Stations (First Aid) Regulations 1964.S.I. 1964/1323.The whole Regulations.
The Information for Employees Regulations 1965.S.I. 1965/307.Paragraph 26 of the Schedule.
The Construction (Health and Welfare) Regulations 1966.S.I. 1966/95, amended by S.I. 1974/209.

In Regulation 3(2), the words from “`certificate in first aid' does not” to “or over” and from “`training organisation'” to “of these Regulations”.

In Regulation 4(2), the figures “5, 8, 9”.

Regulation 5 to 10.

The Schedule.

The Ionising Radiations (Unsealed Radioactive Substances) Regulations 1968.S.I. 1968/780; to which there are amendments not relevant to these Regulations.Regulation 44(2).
The Abstract of Factories Act Order 1973.S.I. 1973/7.Paragraph 39 of Schedule 1.
The Factories Act General Register Order 1973.S.I. 1973/8.Part 7 of Schedule 1 and Part 5 of Schedule 2.
The Construction (Health and Welfare) (Amendment) Regulations 1974.S.I. 1974/209.The whole Regulations.
The Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations 1974.S.I. 1974/1943.Regulation 3(2).
The Chemical Works (Metrication) Regulations 1981.S.I. 1981/16.All entries in the Schedule relating to Regulation 12 of the Chemical Works Regulations 1922.

EXPLANATORY NOTE

These Regulations provide that an employer shall make first-aid arrangements for his employees or shall ensure that these are made and that he shall inform his employees of such arrangements. The Regulations further provide that a self-employed person shall provide first-aid equipment for himself or shall ensure that it is provided.

The Regulations apply, subject to the exceptions set out in Regulation 7, to all employment in Great Britain and to certain employment offshore as specified in Regulation 9.

The Regulations supersede existing provisions (listed in Schedules 1 and 2) which are repealed or revoked.

A code of practice approved by the Health and Safety Commission under section 16(1) of the Health and Safety at Work etc. Act 1974 and to be published before the Regulations come into operation will give practical guidance on the Regulations.

(1)

sections 15 and 49 were amended by the Employment Protection Act 1975 (c. 71), section 116 and Schedule 15, paragraphs 6 and 15.

(2)

relevant amending instrument is S.I. 1974/2013.

Yn ôl i’r brig

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