The proposed First aid in the workplace compliance code (First aid code) is based on the First aid in the workplace compliance code, 2008 (2008 code). It provides practical guidance to employers on how to comply with their duty to provide and maintain, so far as is reasonably practicable, a working environment that is safe and without risks to health.

The proposed First aid code has been updated to align with general changes in the 12 codes made in the last two years. These updates include consistent information on employers' consultation duties and information, instruction and training.

Like the 2008 code, the proposed First aid code offers two options for compliance:

• the prescribed approach gives prescriptive guidance on complying with the Occupational Health and Safety Act 2004 (OHS Act) in relation to first aid facilities based on an organisation's size and risk level, including numbers of first aid officers and kits to be provided, and
• the risk assessment approach guides employers through the process of determining their first aid needs based on assessment of their workplace hazards and risks

The proposed First aid code has been restructured to include a new section on first aid kits, rooms and equipment. This consolidates key information common to both the prescribed and risk-assessment options.

The proposed First aid code has also been updated to:

• provide clearer steps for applying the prescribed approach
• incorporate additional tables and checklists to assist employers with compliance
• ensure currency of information on first aid training
• include information on the need to develop first aid procedures
• add information on the need to review first aid arrangements regularly
• incorporate information on automated external defibrillators (AEDs), showers and eye wash stations
• ensure contents for first aid kits and first aid rooms are consistent with current best practice
• include mention of asthma-relieving inhalers and spacers, and epinephrine auto-injectors (EpiPens)

The 2008 code included requirements that workplaces in remote locations have higher ratios of first aid officers and kits. This has been removed from the proposed code. Some Stakeholders and internal feedback suggested that the training for officers and contents of first aid kits were the important consideration in these situations.

The proposed changes will help employees and employers across a range of industries to more easily comply with the OHS Act and the Occupational Health and Safety Regulations 2017 (OHS Regulations).

WorkSafe Victoria, in collaboration with key stakeholders, is undertaking the review of the compliance code on behalf of the Victorian Government.

The topic specific stakeholder reference group consisting of employer, industry and employee organisations, listed below, was established to support the compliance code review:

Australian Manufacturing Workers Union (AMWU)
Community and Public Sector Union (CPSU)
Master Builders Association Victorian (MBAV)
Self-insurers Association of Victoria (SIAV)
The Police Association of Victoria (TPAV)
Victorian Chamber of Commerce and Industry (VCCI)
Victorian Congress of Employers Association (VCEA)
Victorian Trades Hall Council (VTHC)

With the completion of the Occupational Health and Safety Regulations Reform Project and the making of the 12 compliance codes that align to the OHS Regulations, four remaining compliance codes are now under review with the aim to remake where appropriate following scoping, evaluation and stakeholder consultation.

The four remaining compliance codes are:

• First aid in the workplace
• Workplace amenities and work environment
• Communicating occupational health and safety across languages
• Foundries

The First aid code is the first of the four codes under review.

The First aid code first came into effect in 2008 and reflects the OHS Act and the now revoked Occupational Health and Safety Regulations 2007. It was made to provide practical guidance to employers on how to comply with their duty to provide and maintain, so far is reasonably practicable, a working environment that is safe and without risks of health.

The First aid code needs to be updated to reference the current state of knowledge and better reflect Victorian work practices.

Compliance codes provide practical guidance to duty holders on how to comply with duties under the OHS Act and OHS Regulations.

While the guidance provided in a compliance code is not mandatory, a duty holder who complies with a compliance code will, to the extent it deals with their duties and obligations under the relevant legislation, be considered to have complied with those duties or obligations.

Compliance codes use simple language, examples, pictures and diagrams to show known, available and effective means of achieving compliance in every day circumstances and situations.

The Victorian Government has stated that it will not be adopting the model work health and safety laws in their current form.

WorkSafe Victoria continues to enforce Victoria's existing Occupational Health and Safety (OHS) laws.

Model codes of practice have not been designed to assist duty holders to comply with Victorian OHS legislation, whereas Victorian compliance codes support Victorian legislation and regulations.

In some cases, WorkSafe Victoria has considered the content of model codes of practice when developing the Victorian codes, where the subject matter or legislation requirements align with Victorian arrangements.

It is anticipated the compliance code will be finalised in July 2020.

Complying with a code made in relation to the OHS Regulations 2007 may not necessarily mean compliance with a duty under the OHS Regulations 2017.

Duty holders are advised to refer to the OHS Regulations 2017 to ensure they are compliant.

Comments on the proposed First aid code are invited from Wednesday 22 January 2020 to close of business Tuesday 18 February 2020.

During the public comment period, submissions will be accepted through the online form, email or mail.

WorkSafe Victoria will only accept submissions that have a name provided. However, WorkSafe Victoria, will not publish your submission with your name if you request to have it removed before publication.

You can select not to have your name included in the submission form. If you are submitting on behalf of an organisation, the organisation's name will be published instead of your name.

WorkSafe Victoria will review and consider all submissions received during the public comment and make changes to the compliance code to reflect the feedback received, where appropriate, before providing it to the Minister for Workplace Safety for approval.

Your submission will also be published on our Engage consultation web page, unless you indicate otherwise. If you're prefer that your name was not included with your submission, make sure to indicate your preference in the submission form.

You can get more information by contacting WorkSafe Advisory Service on 1800 136 089 (free call), Monday to Friday between 7.30am to 6.30pm.

You can also email your questions to legislation@worksafe.vic.gov.au