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.
I remain a NSW RFS member, with years of experience, despite presently residing in NSW. If I was asked, as an NSW RFS member, to act as First Aid at an event, I would refuse. It is not a core task. The NSW RFS encourages its members to train in First Aid, not only for themselves and fellow RFS crewmembers, but also if necessary at an incident.
But it is entirely beyond the remit of the RFS’s role to act as First Aiders at events.
If someone want to do that, they should join St. John.
It would be a bit like asking St John to provide a firefighting service because their members have all been trained in how to use a fire extinguisher.
And charging for it…..
SES & RFS members who volunteer for event first aid duties are providing a service to a (usually) for profit organisation for little recompense, from my experience. The event organisers should pay for a service provided by people whose primary role is First Aid.
I have heard of cases where the VRA was the first aid provider for an event and responded to a callout, so left a single member onsite with a first aid kit.
SES and RFS would be in the same predicament and that just doesn’t seem worth the risk for either the agency or the event organiser. You can only imagine what a coroner would say if the worst were to happen.
Here in Perth, Western Australia a division of St John Ambulance called Event Health Services (EHS) have predominantly been the first choice for years to provide first aid at events. It is a professional and impeccably run department. The first aiders are all volunteers (with some paid medics on occasion) from all walks of life (many are paramedic students) called Event Health Officers and they are highly trained. They must pass strict annual assessments to maintain their scope of practice. Of course St John Ambulance charge a fee to the client for these services which is variable dependent upon the logistics of the event. The purpose is to take the pressure off the health services by treating people in situ and prevent adverse outcomes as well as hopefully avoiding a hospital visit. With EHS at events instead of emergency services as above, this frees up the emergency services to do what they are contracted to do. I had assumed this service was operational in all states.
St John does provide Event Health Services in all states and territories. It is part of their core business. They only provide emergency ambulance services in WA and the NT.
There is a new First Aid Procedure out for consultation in the SES at the moment. It includes the following:
“While members may provide first aid within the scope of their training and authorised role where required, NSW SES does not provide dedicated first aid or medical services for community events, public gatherings or third-party activities.
This reflects that first aid capability is designed to support organisational activities and emergency response functions and is not established, resourced or governed as a dedicated event medical service capability.”