Risk, Health and Safety Information

Proposed changes to HSE approval of training providers and qualifications for first aid following the Löfstedt Review

As part of the Government’s plans to reform Britain’s health and safety system, the Department for Work and Pensions’ (DWP) Minister for Employment, the Rt Hon Chris Grayling MP, commissioned an independent review of health and safety legislation.
The review, conducted by Professor Ragnar Löfstedt, Reclaiming health and safety for all: An independent review of health and safety regulation was published on 28 November 2011.
Professor Löfstedt's report sets out a number of risk and evidence-based recommendations that will:

• reduce regulatory requirements on business where they do not lead to improved health and safety outcomes, and
• remove pressures on business to go beyond what the regulations require, enabling them to reclaim ownership of the management of health and safety.

On first aid, the Löfstedt Review stated:

Health and Safety (First Aid) Regulations 1981

A number of organisations have identified the requirement under the Health and Safety (First Aid) Regulations 1981 to have a qualified first-aid person appointed in the workplace as being an unnecessary requirement for low-risk workplaces.
In fact the regulations do not insist upon a particular number of first-aid personnel and there is a requirement for employers to make provision for first-aid under the Framework Directive 89/391. However, the regulations do currently stipulate that the training and qualifications for the appointed first-aid person must be approved by HSE and this appears to both go beyond the requirements of the Directive and have little justification. So long as they meet a certain standard, allowing businesses to choose training providers should allow them greater flexibility to choose what is right for their workplace, and possibly reduce costs.
This should be accompanied by revised guidance clarifying what is suitable for different environments to help businesses adopt measures that are suitable for their workplace, and that explains clearly what the regulations actually require. I therefore recommend that HSE amends the Health and Safety (First Aid) Regulations 1981 to remove the requirement for HSE to approve the training and qualifications of appointed first-aid personnel.”
The Government accepted the recommendations within the report and HSE is working towards implementing them, including those for first aid at work.
More specifically, the policy objectives for HSE are as follows:

• Removal of HSE approval of First Aid Training providers, to reduce the burden on business;
• To ensure that businesses can identify first aid courses that are appropriate for their workplaces and select suitable training providers.

The review also recommended, generally, reducing the burden on the self employed.

What will happen next?

To implement the recommendation will require a change in legislation to make amendments to the Health and Safety (First Aid) Regulations 1981. This work is now under way.

When will this happen?

Amendments to regulations follow a Common Commencement Date (October or April of each year) in which they come into force. HSE is currently considering the most appropriate date to initiate the change and will provide more information as soon as possible.

Will I be consulted?

The decision to remove HSE approval has been accepted by Government and HSE must therefore make the changes necessary to implement the recommendation. HSE has however, made a ‘pop-up’ questionnaire available on its first aid web pages for those who are impacted by the changes. It will be used to inform an impact assessment as part of the legislative process. The questionnaire will run until June 2012.
HSE has also met with training providers, industry bodies and trades union.

What does the recommendation mean?

HSE will no longer approve training providers and qualifications although it will continue to manage the standard for first aid by which all courses should be set.
For providers, this will mean that they no longer have to seek HSE approval, removing the costs associated with gaining this approval.
For employers, the recommendation will allow them greater flexibility in choosing first aid training, suitable for their workplaces and the risks there-in.
For those who are self employed, there will no longer be the statutory requirement to provide equipment to render first aid to themselves if injured at work.
What will happen once the regulations have been amended?