The question of whether or not employers MUST provide an AED (Automated External Defibrillator) for employee safety in their workplace is a bit of a grey area.
We have written this article specificially to help employers understand their risks and obligations with regards to AEDs.
In short, however, you are always better off to have an AED in your workplace than not to have one. It's a relatively small investment for many businesses and under the Instant Asset Write-off provisions for most businesses you would be able to claim 100% of the purchase price of the AED. (Always double-check this with your accountant or tax adviser however.)
What do current OH&S regulations say about providing an AED in the workplace?
Current OH&S regulations in Victoria, as set out by WorkSafe, do NOT specifically state that an Employer MUST provide an AED. This can lead many businesses to assume that there is no obligation to have one on their premises under OH&S or Workcover rules.
However there are guidelines that do put the onus on an employer that they “should consider whether it is reasonably practical to have an AED in the workplace to manage the risk of death from cardiac arrest in their workplace”. This is a direct quote from the WorkSafe website.
The same website also says "You should consider whether it is reasonably practicable to have an AED on site to manage the risk of death from cardiac arrest in the workplace. An AED can be a risk control in addition to other risk control measures, such as having an appointed first aid officer."
Could you be held liable if you don't have an AED in your workplace?
Now given that AEDs have a proven track record of saving lives and that employers are obligated by law to provide a safe workplace for their employees, it is not unreasonable to say that if a death did occur in a workplace where an employer did NOT have an AED installed, then that employer could be held responsible for the employee’s death on the basis that they obviously didn’t provide a safe enough workplace for that particular employee.
This is where you, as an employer must weigh up how much of a risk you are prepared to take. Of course, providing an AED completely removes this risk.
What about providing an AED for the general public?
The law gets even murkier when it comes to workplaces that have a large number of members of the general public visiting them, like retails outlets, restaurants, cafes, etc.
The guidelines produced by WorkSafe in the Compliance Code for First Aid in the Workplace contains a very critical sentence which says – “when deciding whether it is reasonable to have AEDs in the workplace, employers should consider the likelihood that someone will suffer a cardiac arrest in the workplace. For example, an AED may be appropriate if specific risks associated with the work performed at the workplace increase the likelihood of cardiac arrest, or if there are large numbers of members of the public, such as clients or visitors, attending the workplace.”
If you combine the risk to employees with the risk to the public, it becomes clearer that having an AED is better than not having one.
The higher the risk, the higher the risk!
As the likelihood of someone suffering a cardiac arrest in the workplace obviously increases in higher-risk workplaces and in places where there are large numbers of public attending, it’s pretty easy to see why so many employers do choose to install AEDs in their workplaces for both the use of their staff AND the general public.
Because the risk and cost of being sued in the case of someone dying far outweighs the rather low cost of buying and installing an AED (or even several of them).
If you need to know more about the requirements regarding AEDS in your business, see page 30 of the Compliance Code for Workplace First Aid - download at https://www.worksafe.vic.gov.au/resources/compliance-code-first-aid-workplace
For advice on AEDs in your workplace please call our experts on 1300 661 065 or to order AEDs for your business please visit our online first aid store at https://www.resultsfirstaidkits.com
Comments