Operational partnerships - Legislative requirements SOP (O44b)

O44b Legislative Requirements

1. Summary of Changes

1.1. This Standard Operating Procedure (SOP) has been reviewed in March 2025 – the following amendments to content have been made:
• 3.2.5 link to First aid needs analysis amended to link to 2025 version of FANA
• Removal of sections 3.2.6, and 3.2.7
• Sections 3.5.1, 3.5.2 and 3.5.4 amended.

2. What this Procedure is About

2.1. This SOP outlines the legal requirements for First Aid provision, in conjunction with the Health and Safety Executive (HSE) and the College of Policing (COP).
Compliance with this SOP and any governing policy is mandatory.

3. Detail the Procedure

3.1. Introduction

3.1.1. The Health and Safety (First Aid) Regulations 1981 require employers to provide suitable first aid equipment, facilities and personnel ready to provide adequate first aid to employees that are injured or become ill at work.

3.1.2. Section 3(2) of the Health and Safety (First Aid) Regulations 1981 states that a person shall only be suitable to provide first aid to injured or ill employees if they have the relevant qualifications. Forces have the responsibility to train personnel to the recognised HSE standards of Emergency First Aider at work (EFAW) and First Aider at Work (FAW) based on a local risk assessment as set out in the HSE guidance 'Selecting a first aid training provider - A guide for employers' 2013.

3.1.3. The HSE have traditionally licensed training providers to deliver EFAW and First Aider at Work FAW training. This ceased to be the responsibility of the HSE in October 2013, however, the HSE will still continue to have a role in maintaining overall standards for first aid training.

3.1.4. The HSE requires training organisations to have quality assurance mechanisms in place that support the effective implementation of the principles set out in 'Selecting a first aid provider - A guide for employers' referred to as 'HSE guidelines 2013'. The College of Policing on behalf of the National Policing Business Area for Health, Safety and Welfare is responsible for ensuring appropriate quality assurance processes are in place to guide forces in the implementation of the HSE guidelines.

3.2. Assessment of First Aid Needs

3.2.1 The level of adequate and appropriate first aid provision will depend on the circumstances in each workplace and should be risk assessed in accordance with what the 'reasonably practicable' first aid needs are. This will take into account the type of activity being undertaken in the workplace and the travel time it would take for the ambulance service to arrive in response to an emergency call.

3.2.2. The purpose of the assessment of first aid needs is to determine the appropriate first aid provision required by Kent Police. The assessment is made by the Health and Safety Advisor, taking into account such factors as:
o Nature of work being undertaken and the types of activities taking place.
o Workplace hazards and risks (e.g. substances, tools, machinery, dangerous activities etc.).
o The accident history in the various locations.
o The likely response time in providing assistance.
o The location of the building and the spread of buildings.
o Visitors to the buildings.
o The proximity to external emergency assistance.
o Foreseeable absences of first aid personnel, such as annual leave and sickness.
o Any guidance provided by the Health and Safety Executive (HSE) and the College of Policing.

3.2.3. Higher risk activities (public order incidents/tactical firearms usage/dynamic armed/unarmed interventions/RPU activities etc.) are addressed via the Public Order Unit of Kent Police.

3.2.4. The Regulations do not place a legal obligation on employees to make first aid provision for non-employees such as the public. However, it is Kent Police's aim that non-employees are included in a first aid needs assessment and that provision is made for them.

3.2.5. The assessment of first aid needs will reflect operational, specialist work/premises requirements of Kent Police, currently all police officers who are current in date with their Personal Safety Training qualification are recognised as First Aiders for Kent Police. See the First Aid Needs Analysis document.

3.2.6. Where no first aid provision is provided by warranted officer, all staff to be designated as ‘Appointed Persons’. The associated responsibility with this role is to i) know where the first-aid kit is located, ii) know how to summon first aid assistance, whether that be via local police presence or by calling for an ambulance iii) remaining with the patient until help arrives and assisting with completion of the Hurt on Duty form if necessary.
This to be communicated to new employees at induction. This amendment to the SOP will be issued on the H&S InSite pages with an action raised at the Force Board and quarterly Local Boards to ensure correct information is disseminated out to the wider force with additional signage positioned on H&S notice boards and in the vicinity of first-aid kits.

3.2.7. Where possible first aiders should be appointed because the nature of their work is such that they have a general availability to respond to a request for assistance. In addition, appointment will take account of factors such as:
o Reliability, disposition and communication skills of the person.
o Aptitude and ability to absorb new knowledge.
o Ability to cope with stressful and physically demanding emergency situations.

3.3. Roles of First Aiders

3.3.1. The principal roles of a first aider are to:
o Respond promptly to calls for assistance.
o Take charge of the incident they are called to.
o Provide immediate treatment within their competence.
o Summon further help, if necessary.
o Provide continuing care until the individual fully recovers or the emergency services arrive.
o Report promptly to the Health and Safety Advisor details of treatment provided.
o Engage in appropriate staff development activity.

3.4. Training and Support of First Aiders (see SOP O44a)

3.4.1. All first aiders must undertake training before taking up their first aid duties by attending a recognised first aid course delivered by an approved provider. This must be renewed when necessary through a recognised refresher training course. Records of staff trained will be held centrally and locally and time should be allocated for trained staff to re-qualify as necessary. The divisional Health and Safety SPoC through liaison with line management/supervisors within their areas of responsibility should support the implementation of first aid staff.

3.5. First Aid Equipment

3.5.1. Each division/department is to ensure suitable and sufficient first aid boxes are provided and stocked to at least the minimum standard (http://www.hse.gov.uk/firstaid/faqs.htm) in accessible locations. Any perishable items displaying an hourglass symbol ( ) must be removed as soon as the date has passed. Items displaying a ’manufactured on’ symbol without an hourglass ( ) must be removed 5 years beyond the displayed date.

3.5.2. First aid containers and other equipment must be readily available in departments to all employees/persons at all times. The recommended location of First aid kits is in every kitchen (allowing for access to hot and cold running water/ paper towels etc) and, where available, Front Counters. These should be inspected periodically and contents replaced if used as soon as possible. The first aid box/bag should be checked as a minimum annually and any injury/accident recorded via the incident recording system.

3.5.3. Divisional Support Managers to facilitate the ordering and stocking of first-aid kits. New/ fully stocked kits to be sealed with an evidence tag and conspicuously dated. A stock of plasters to be present in a sealed bag attached to the first-aid box and replaced upon use, meaning that a sealed first-aid box is guaranteed to be fully stocked and in date until such time as the seal is broken.

3.5.4. Where, due to the nature of the work, a higher level of risk has been determined (e.g. workshops and kennels), additional first-aid kits may be deemed via local risk assessment to be necessary. In this case, these to be managed (and replenished) locally by building owners and inspected at least annually by H&S.

3.5.5. Signage to be present in kitchens detailing re-ordering process for first-aid equipment. It will be the responsibility of all staff to ensure first aid equipment is replenished after use.

3.5.6. First-aid kits to be inspected and recorded as a minimum during H&S annual Building Inspections with additional H&S/ building owner walk-rounds ensuring compliance. Suggested Building Owner walk-round checklist is available on the H&S InSite pages.

3.5.7. No other items such as tablets, lotions, sprays etc. should be included in the first aid kits unless specifically identified in a suitable and sufficient risk assessment. Medics kits will be stocked in accordance with guidance from the Public Order Unit.

3.5.8. The use of automated external defibrillators (AED) by Kent Police staff is acknowledged within this guidance. Guidance on the acquisition, training, storage and replacement of AEDs can be sought via the Public Order Unit of Kent Police/Staff Safety Training Unit or via the signage displayed adjacent to AEDs tracked on the H&S Dashboard found on the H&S Sharepoint pages.

3.6. Clinical Governance and Advice

3.6.1. Clinical governance is a simple process that ensures first aid care (above standard best practice) is controlled and carried out using a quality assurance process approach. Chief Constables are responsible for establishing the local clinical advice arrangements. The process should be overseen by a trauma expert, advising the Chief Constable, to ensure the officers/staff are giving a suitable standard of care to injured people.

3.6.2. The Clinical Advice Panel advises on the correct skills and equipment needed locally to undertake first aid generally, as well as for specific roles and tactical operations. The local Clinical Advice Panel agrees the assessment requirements for Module 5 Enhanced Skills.

3.6.3. The quality assurance process must incorporate an effective communication channel between the local Clinical Advice Panel and the force's Learning and Development Department. This will ensure all concerned are always aware of updates and necessary changes required and implemented.

4. Equality Impact Assessment

4.1. An equality impact assessment has been carried out and shows the proposals have no potential or actual differential impact on groups or race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Risk Assessment

5.1. This SOP has been assessed as medium risk.

6. Consultation

o Staff Safety Training Unit
o Public Order Unit
o Clinical Governance Board
o Human Resources
o Health and Safety
o Finance
o Legal
o Freedom of Information
o IT Security
o Estates
o Police Federation
o Unison

7. Monitoring and Review

7.1. The SOP will be monitored by the Staff Safety Training/ Public Order Unit and the Clinical Governance Board to ensure compliance with College of Policing guidance for First Aid and Medics training.

7.2. This SOP will be reviewed every two years with the next review taking place in March 2027.

8. Other Source Documents

o Legal Requirements from the Health and Safety Executive
o College of Policing Armed Policing APP
o College of Policing Public Order APP
o College of Policing Detention and Custody APP

9. Security

9.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management Policy.

10. Retention and Disposal of Records

10.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal Policy.