Provision of First Aid, First Aid Boxes and Equipment for the Workplace

Tinus Boshoff (Director, Labour Guide)

(July 2023)

By law, employers must take reasonable and practical steps to provide and maintain a safe and healthy work environment. An important element of ensuring health and safety would be the provision of first aid to persons at the workplace. First aid is emergency care provided for injury or sudden illness before emergency medical treatment is available. First aid helps to preserve the lives of employees and allows them to receive immediate medical attention.

In South Africa, this aspect is largely addressed by prescriptions of the General Safety Regulation (GSR) 3 of the Occupational Health and Safety Act (Act 85 of 1993, as amended). For the purpose of our article, we will focus on the prescriptions of this particular Regulation.

By Tinus Boshoff, Director at Labour Guide

2023/07

When should first aid be provided at the workplace?

The Regulation stipulates that ‘‘an employer shall take all reasonable steps that are necessary under the circumstances, to ensure that persons at work receive prompt first aid treatment in case of injury or emergency’’.

When must a first-aider be appointed?

Where more than 10 employees are employed at a workplace, the employer needs to appoint a first-aider. This is a compulsory legal appointment, and the first-aider should be readily available during normal working hours.

The prescribed ratio for the appointment of first-aiders:

In the case of shops and offices, the employer needs to appoint at least one first-aider for every 100 employees. Any other workplace (not an office or shop) must appoint at least one first-aider for every 50 employees.

The competency of the first-aider:

The first-aider should be in possession of a valid first aid certificate, issued by a person or organisation approved by the Chief Inspector’s Office for this purpose.

Where pesticides, hazardous chemical agents or hazardous biological agents are used, handled, processed or manufactured, the first aid worker should be trained in the first aid procedures that are necessary for the treatment of injuries that may result from such activities.

Requirements applicable to first aid training providers:

The requirements of the Department of Employment and Labour (DoEL), according to the “Amended notice of direction in terms of section 27(2) of the Occupational Health and Safety Act, read with regulation 3(4) of the General Safety Regulations”, Notice 682 of 2020, Government Gazette, No. 43447 as published on 19 June 2020, apply.

The First Aid Level 1, 2 and 3 standards were issued and approved by the DoEL, however, these courses will cease to exist after 31 March 2021 in terms of the DoEL’s Notice 682 of 2020. With regard to workplace requirements, as directed by GSR 3.4, any certificates issued for First Aid Level 1, 2 and 3 courses from 1 April 2021 will have no legal standing, as DoEL recognised training will be dealt with by the QCTO or their QAPs.

So-called old providers, which have not successfully been accredited with the QCTO or SETA by 31 March 2021, will need to stop training as they no longer have approval from the DoEL.

Current QCTO/SETA accredited and DoEL approved training providers may continue, providing skills programmes/unit standard training only, which includes:

• US 119567 – Perform basic life support and first aid procedures.
• US 120496 – Provide risk-based primary emergency care/first aid in the workplace.
• US 376480 – Provide first aid as an advanced first responder.

In the case of injuries or wounds:

The employee’s duty: An employee suffering from an open wound, cut, sore or any similar injury, who works where hazardous chemical substances or hazardous biological agents are used, handled, processed or manufactured, shall report such injury to his employer as soon as possible.

The employer’s duty: The employer may not permit such a person to continue working before the injury has been cleaned with soap and water or with a diluted disinfectant, and has been suitably dressed to eliminate blood or bodily fluid seepage through the dressing, where necessary.

When should first aid boxes be provided?

A first aid box must be provided where more than five employees are employed at a workplace.

How many first aid boxes should be provided?

The number of boxes required must be determined by the employer’s risk assessment, which should take the following aspects into account:

• the type of injuries that are likely to occur at a workplace,
• the nature of the activities performed, and
• the number of employees employed at such workplace.

Placement of first aid boxes:

The employer must provide a first aid box or boxes at or near the workplace, available and accessible for the treatment of injured persons at that workplace. The placement will, thus, be based on the employer’s risk assessment.

What content should the first aid box contain?

Only suitable first aid equipment, as listed in the prescribed Annexure of the General Safety Regulations, must be provided.

The Annexure can be found at the back of the GSR.

Click here to download a copy of the GSR: http://labourguide.projects.coppertable.co.za/~documents/route%3A/download/789

Prescribed content of the Annexure:

Annexure

Minimum contents of a First Aid Box

In the case of shops and offices, the quantities stated under items 1, 8, 9, 10, 14, 15, 17 and 18 may be reduced by half.

A spillage kit:

On 28 October 2005, the Department of Labour published the “Draft General Health and Safety Regulations” (Government Gazette, No. 28162). Regulation 7 of these Draft Regulations provides proposed changes to first aid, emergency equipment and procedures.

The Draft Regulations aimed to add additional items to the current prescribed content of the first aid box. The content of the so-called “spillage kit” would include the following items:

Please note that the proposed changes of the Draft Regulations did not come into effect. It would, however, be good practice to add the abovementioned items to the first aid kit. Some providers of first aid boxes refer to this as Regulation 7 first aid boxes.

May the employer keep any other articles or substances, such as headache tablets, cough mixtures, or any other oral medicine, in the first aid box?

There is an ongoing debate about stocking certain medicines, like headache tablets, cough mixtures, or any other oral medicine, etc. in the first aid box and dispensing these to employees.

These items are not listed in the prescribed Annexure of GSR 3. According to this Regulation, employers must ensure that only the prescribed items, or other similar equipment or medicine, are kept in the first aid box or boxes.

The dispensing of medicines and medications is also regulated under the Medicines and Related Substances Control Act (Act 101 of 1965), as amended by the 1997 Medicines and Related Substances Control Amendment Act. Section 22A stipulates that no person shall sell, or have in his or her possession, or manufacture any medicine or scheduled substance, except in accordance with the prescribed conditions of this Act.

The provision of emergency equipment, like eye-wash fountains and deluge showers:

Where an employee is exposed or may be exposed to a potential hazard of injury to the eye through contact with a hazardous biological agent or hazardous chemical substance, the employer shall make sure that there is an eye-wash fountain, or any similar facilities, in the immediate vicinity of the workplace of such employee, and that the employee is trained in the use thereof.

Where an employee is exposed to a potential hazard of injury to, or absorption through, the skin as a result of sudden contact with a large amount of hazardous chemical substances or hazardous biological agents, the employer shall make sure that there is a fast-reacting deluge shower with clean water, or a similar facility, in the immediate vicinity of the workplace of such employee, and that the employee is trained to use such facility.

Required signage for first aid boxes and emergency equipment, and information of the person in charge of it:

An employer shall post a prominent notice or sign in a conspicuous place at a workplace, indicating where the first aid box or boxes are kept as well as the name of the person in charge of such first aid box or boxes.

The use of inspections and inspection lists:

Articles used for first aid purposes should be replaced as soon as possible. To ensure that this is done, employers should perform regular inspections of their first aid boxes. Regular inspections of first aid boxes and equipment will ensure that equipment stays in good working order, and that first aid boxes always contain the prescribed ‘‘minimum contents’’. Items contained in the box should also be inspected for expiry dates; expired items must be discarded and replaced immediately. These types of inspections are called continuous risk assessments. Formal checklists could be a useful tool to ensure compliance with the prescriptions of the relevant regulations.

The use of first aid registers:

To ensure proper record-keeping, it is advisable to make use of formal first aid registers. These registers could provide useful information for health and safety investigations, and the logging of compensation claims. The first aid register should be kept in or close to the first aid box.

This article does not constitute legal advice and is based on the author’s interpretation of legislation and relevant case law. For an informed opinion and/or assistance with a labour-related matter, you are encouraged to arrange a formal consultation with the author.

We will continue to keep you informed and updated.