Regs 42–43: WHS First Aid and Emergency Plans

Regulatory citation: Model Work Health and Safety Regulations, Regulations 42 and 43

What Do Regulations 42 and 43 Require?

Regulation 42 of the model Work Health and Safety Regulations requires PCBUs to provide first aid equipment, access to that equipment and access to trained first aiders. Regulation 43 requires PCBUs to have an emergency plan for the workplace. Together, they make sure workers get help quickly when something goes wrong.

Why These Regulations Matter

The first minutes after a serious injury or emergency can determine the outcome. Adequate first aid and a practiced emergency plan reduce harm and confusion when every second counts.

First Aid Obligations (Regulation 42)

1. First Aid Equipment

PCBUs must ensure first aid equipment is provided for the workplace and that each worker can access it.

2. Trained First Aiders

PCBUs must ensure an adequate number of workers are trained to administer first aid, or that workers have access to an adequate number of other people trained to do so.

3. Factors to Consider

When deciding what is adequate, PCBUs must consider the nature of the work and its hazards, the size and location of the workplace, and the number and composition of workers and other people at the workplace. A remote mine site needs far more first aid capability than a small city office.

Emergency Plan Obligations (Regulation 43)

1. Prepare an Emergency Plan

The emergency plan must provide for emergency procedures, including an effective response to an emergency, evacuation procedures, notifying emergency services at the earliest opportunity, medical treatment and assistance, and effective communication between the person authorized to coordinate the response and everyone at the workplace.

2. Test the Procedures

The plan must provide for testing of the emergency procedures, including how often testing occurs.

3. Provide Information, Training and Instruction

Relevant workers must be given information, training and instruction about implementing the emergency procedures.

4. Tailor the Plan

The plan must consider the nature of the work and hazards, the size and location of the workplace, and the number and composition of workers and others present.

5. Implement the Plan

In an emergency, the PCBU must implement the emergency plan.

Common Compliance Approaches

First Aid Needs Assessments

Assess the specific hazards and locations of your work to decide the number of first aiders, types of kits and any extra equipment, such as defibrillators or trauma kits.

Regular Drills

Run evacuation and emergency drills on all shifts, record the results and fix any problems found.

Plan for Remote and After-Hours Work

Make sure workers in remote locations or on night shifts can access first aid and raise the alarm.

Example: First Aid and Emergency Planning in Practice

A regional construction project is 90 minutes from the nearest hospital. The principal contractor trains four workers per shift in first aid, supplies a remote-area first aid kit and defibrillator, and prepares an emergency plan covering evacuation, fire, serious injury and snakebite. The plan includes a meeting point, emergency service coordinates and a nominated emergency coordinator. The site runs a mock serious-injury drill in the first month and updates the plan after finding radio dead spots.

Note: This summary is based on the model WHS laws published by Safe Work Australia. Most states and territories have adopted them with minor variations, while Victoria has its own OHS laws. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

How many first aiders does a workplace need?

The model WHS Regulations don't set a fixed number. PCBUs must ensure an adequate number based on the nature of the work, hazards, workplace size and location, and the number of people present. Safe Work Australia's model Code of Practice on first aid provides guidance, such as suggested ratios for different workplace types.

Does every workplace need an emergency plan?

Yes. Under the model regulations, every PCBU must ensure an emergency plan is prepared for the workplace. The plan can be simple for a small, low-risk workplace but must be more detailed for complex or high-risk sites.

How often should emergency procedures be tested?

The model regulations require the plan to specify testing, including how often it happens, but don't set a single frequency. Many organizations test at least annually, and more often for high-risk sites, large workplaces or where workers change frequently.