Today’s correspondent is:
… wondering where it stands with NSW SES and RFS being used as the first aid provider at events to cut costs. I own an event first aid business and I’m finding it more and more common that organisations are relying on these services to provide first aid coverage at their events. The usual replay “we have SES or RFS onsite for first aid.”
So, my questions follow
1. How would this stand up if something major happens at the event?
2. Does the event need to stop operations if the service is called away?
3. What insurance do these services have to cover first aid treatment?
4. Who’s responsible for the cost of restocking first aid supplies used?
I have previously written why I think it’s a bad idea for the SES to be holding itself out an event first aid provider – see Can NSW SES provide event first aid services? (November 13, 2016). That was written 10 years ago (almost to the day) but I see no reason to change my opinion. I won’t repeat what I’ve written there; I’ll go straight to the questions asked:
1. How would this stand up if something major happens at the event?
It depends on what the ‘something major’ is and what the response is. It would stand up just fine if something major happens and the RFS/SES volunteers do a sterling job in responding and managing the incident. It will stand up badly if they are overwhelmed and events that were reasonably foreseeable are beyond their capacity. But that is true for an event first aid provider too. The issue is not what uniform they wore or what ‘certificate’ they had, but what did they do and what would a reasonable person in their position have done.
As for the event organiser, if it turns out that the agencies are overwhelmed or the level of clinical capacity was not sufficient to meet reasonably foreseeable need, even if the RFS/SES volunteers do a great job to their skill level, then it will raise questions of what risk assessment did they undertake and on what basis did they conclude that these agencies were sufficient.
It is in this context that Victoria has introduced licensing for first aid providers – to provide event organisers a way to determine who is sufficient skilled to meet their needs and to require those licensed providers to assist the organisers to do a risk assessment that takes into account the first aid providers expert knowledge to determine what level of care may be required.
2. Does the event need to stop operations if the service is called away?
That depends on the nature of the event. If it is an event that has some governing body that says first aiders must be on site, then yes. If there is no such requirement, it’s the church fete and someone thought it was a good idea, then no issue.
The example of the church fete is not a bad one as they may invite the SES/RFS to come along and put on a display and it may be quite reasonable to ask ‘and can you do first aid if anyone needs it’ and that may be all that is required. It all depends on a risk assessment.
3. What insurance do these services have to cover first aid treatment?
I did discuss this in the earlier post. The important thing to remember is that the SES/RFS are the State of New South Wales. The State self-insures that is it ensures it has sufficient money in a managed fund to meet the state’s liabilities. Whether the SES/RFS could rely on statutory immunities (discussed in my earlier post) might be debatable, but any liability will be carried by the state managed fund.
4. Who’s responsible for the cost of restocking first aid supplies used?
That would be a matter to be negotiated between the event organiser and the SES/RFS.
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As someone in the risk management sector, currently in the RFS, and with 30 years in a career agency all I would say is this is a very very bad idea……
I would suggest that the liability transferred onto the agency, without their knowledge, and completely outside what AHPRA would call scope of practice in the health space, is mind boggling. Neither agency has any legislated mandate to provide first aid services. To do so is completely outside the SES and RFS Acts and I see nothing in SERM that would permit it.
I would suggest these undertakings are conducted without the approval of the District or higher. If a person in authority permitted this, and something went wrong, then I would be deleting and burning every piece of correspondence related to it!
What seems like a good idea in practice has the potential to expose each agency to liability that they would struggle to defend against. Vicarious liability may only go so; volunteers are protect if acting in good faith and whilst exercising the functions. There is an argument that providing event first aid services, especially so if a donation or fee is paid, is not a function of those agencies.
I suggest that you cannot give away, or pass on to another agency or organisation, liability you are responsible for. But at the same time it is, in these circumstances, completely possible to assume liability where none previously existed. I’m pretty sure however, no insurer or risk manager would consent to this in any way.
Regarding the RFS or SES touting for work, the NSW state government maintains a policy stance called competitive neutrality which provides rules around providing services using cost advantages that market providers do not have. Perhaps the OP should consider these aspects and seek advice on their position.