Legal and moral dilemmas

1. Legal and moral dilemmas A first aider needs to consider a number of legal and moral questions before they administer first aid. A person should have thought these through when undertaking any first aid training, and should give them due consideration again during the situational analysis of a first aid situation. -Legal implications In our increasingly litigious society, people can be reluctant to provide assistance in an emergency. However, gaining an understanding of the various pieces of legislation that are in place in relation to administering first aid can allay some fears. Citizens have no legal obligation to assist someone in an emergency and cannot be held accountable if they choose not to help. However, many states and territories in Australia have in place regulations that provide some measure of protection for the public from liability during a rescue attempt or the administration of fi rst aid in an emergency.

2. -Legal implications The Civil Liability Act 2002 (NSW) has a Good Samaritan clause, which affords protection. The Act states that a person who administers first aid cannot be held liable if, in an emergency, they are acting in good faith when coming to the assistance of a person who is injured or at risk of being injured and they do not expect payment or reward. If a person decides to assist in an emergency, they should then do so to a standard that is appropriate to their level of training. The Good Samaritan clause takes into account that everyone can make mistakes and it will protect helpful citizens if any mistakes made are reasonable under the circumstances. When acting in good faith, it is important that the first aider seek the consent of the person they are going to administer first aid to. Consent can be implied if the person is unconscious or unable to give consent. It is also wise to keep records if you administer first aid in an emergency. These can include notes on the date, time and place of the emergency, details of the casualty, their injury, what first aid was administered, what happened next and signatures of the first aider and the casualty if possible.

3. -Legal implications With regard to the workplace, all states and territories have occupational health and safety regulations that ensure employers maintain a safe working environment and minimise risks within the workplace. In NSW these fall within the Occupational Health and Safety Regulation 2001 that states an employer has legal obligations to provide first aid facilities and personnel, safe work spaces, safe systems for equipment and chemical handling, and protective equipment. This regulation also encourages preventative strategies in the workplace and accurate record keeping of all workplace injuries.

5. -Moral obligations Legally there is no obligation for an everyday citizen to stop and render assistance in the event of an emergency; however, many people would see it as their moral obligation to help someone in difficulty. ‘Duty of care’ refers to the duty by one person to another to act in a certain way. Due to the knowledge and skill a first aider may have in relation to first aid, they have a duty of care towards any casualties in an emergency. The first aider also has a duty of care to exercise reasonable care and skill when providing treatment. There is an additional duty of care, which is to continue administering first aid once started until someone more qualified takes over or the first aider is no longer physically able to continue. A first aider also has a duty of care to themself to ensure that they are not at risk when providing first aid treatment.

6. -Commonsenseversus heroics Sometimes in an emergency people can be caught up in the moment and take unnecessary risks in order to ‘save the day’. While heroic acts may seem appropriate at the time, they are rarely well thought-out and can often result in further injury to the casualty, the first aider and/or the bystanders. It is important that the first aider approach any emergency in a calm and considered manner, and apply the DRABCD Action Plan to guide their actions and treatments. A commonsense approach will ascertain that a safe environment is maintained and no further injuries occur. Part of acting with commonsenseis ensuring that any treatment given is commensurate with the first aider’s training and knowledge and not beyond their capabilities.

7. – Debriefing It is valuable to the first aider and those involved to debrief, talk about the incident, as a person may experience strong physical and emotional after shocks. Stress, guilt, depression, grief, fear, anger and anxiety are some emotions resulting from a trauma and can be managed through support networks. The first aider can debrief and go through their injury management plan to help them feel that the procedure followed was the most appropriate for the situation, so that they know for sure that the best methods were followed and that they provided aid to the best of their ability

8. -Counselling Some incidents may be so traumatic that professional counselling is required to help deal with the trauma. The length of time it may take an individual to recover emotionally will depend on who was involved, the severity of the incident and other events that may be happening in their lives. Where there may be a major disaster or fatal incident in a workplace, a group of counsellors is usually in attendance after the incident to counsel those who feel they need to ‘talk’ to someone. Professional counsellors can be contacted through the local hospital or medical services.