First Aid is defined in both the Labor Code and the California Code of Regulations
Labor Code §5401
(a): “…As used in this subdivision, ‘first aid’ means any one-time treatment of minor scratches, cuts, burns, splinters, or other minor industrial injury. ‘Minor Industrial injury’ shall not include serious exposure to a hazardous substance as defined in subdivision (i) of Section 6302.”
California Code of Regulations §14311
(3)[c]: “’First Aid’ is any one-time treatment and any follow-up visit for the purpose of observation of minor scratches, cuts, burns, splinters and so forth, which do not ordinarily require medical care. Such one-time treatment, follow-up visit for the purpose of observation, is considered first aid even though provided by a physician or registered professional personnel.”
First Aid
“Because of the benefits employers derive from classifying injuries as first aid, it is necessary to understand which injuries can be so classified and when they must be reported to the insurer and to OSHA. This list of first aid treatments if comprehensive, i.e., any treatment not included on this list is not considered first aid for OSHA record keeping purposes. OSHA considers the listed treatments to be first aid regardless of the professional qualifications of the person providing the treatment; even when a physician, nurse, or other health care professional provides these treatments, they are considered first aid for record keeping purposes.”
The following is a comprehensive list from OSHA that identifies those injuries that may be considered First Aid:
“OSHA 1904.7 (b)(5)(ii):
(A) Using a non-prescription medication at non-prescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for record keeping purposes.
(B) Administering tetanus immunizations (other immunizations, such as hepatitis B vaccine or rabies vaccine, are considered medical treatment).
(C) Cleaning, flushing, or soaking wounds on the surface of the skin;
(D) Using would coverings, such as bandages, Band-Aids, gauze pads, etc.; or using butterfly bandages or Steri-Strips (other wound closing devices, such as sutures, staples, etc. are considered medical treatment);
(E) Using hot or cold therapy;
(F) Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for record keeping purposes);
(G) Using temporary immobilization devices while transporting an accident victim (e.g. splints, slings, neck collars, back boards, etc.)
(H) Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister;
(I) Using eye patches;
(J) Removing foreign bodies from the eye using only irrigation or a cotton swab;
(K) Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs, or other simple means;
(L) Using finger guards;
(M) Using massages (physical therapy or chiropractic treatment are considered medical treatment for record keeping purposes);
(N) Drinking fluids for relief of heat stress.
(b)(5)(iii): Are any other procedures included in First Aid? No, this is a complete list of all treatments considered first aid for Part 1904 purposes.”
“(b)(5)(v): If a physician or other licensed health care professional recommends medical treatment, you should encourage the injured or ill employee to follow that recommendation. However, you must record the case even if the injured or ill employee does not follow the physician or other health care professional’s recommendation.” |
