OHS practices - First aid

Duty of care

Duty of care is based on the principle of within reason and is found in the law of negligence.

Reasonable conduct may be thought of as that which is acceptable, average, equitable, fair, fit, honest, proper, right and tolerable, or within reason.

There is a duty of care on employers to ensure the health and safety and welfare of all employees in the workplace and in the course of their employment. There is a general obligation on workers to take care of others and cooperate with employers in matters of health and safety.

Negligence occurs when there is a failure to exercise a degree of reasonable care under the circumstances, which results in an unintended but foreseeable injury to another party.

Good samaritan

The good samaritan doctrine is a legal principle that prevents a first aider who has voluntarily helped a victim in distress from being successfully sued for 'wrong doing' with respect to the administration of first aid only.

Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions if they made some mistake in treatment.