As the temperature continues to rise across the country (get those injury and illness prevention programs together folks!), the broader topic of first aid has taken up a lot of real estate in my mind recently. This reminded me of the many calls I used to get about first aid on the legal hotline, especially when Electric Vehicles became more commonplace in the showroom. (Also, ComplyAuto has a compliance hotline now! More information at the end of the article).
How many first aid kits do I need? Am I required to have an automated external defibrillator (AED)? Must I train my staff on cardiopulmonary resuscitation (CPR)? Though seemingly straightforward, this regulation has caused a lot of confusion for dealers and even more so as manufacturers introduce electric vehicles and make charging stations commonplace at dealerships. We will dive into these requirements so that you are well prepared to provide your employees with a safe workplace and for any OSHA investigation. Please note that we will review the federal OSHA standards. Any dealer who resides in a state that has a State Plan should review the requirements that are specific to your state, as they can vary widely.
OSHA’s first aid requirements are often a source of uncertainty for employers, and dealerships are no exception. Questions frequently arise about how many first aid kits are “adequate,” whether cardiopulmonary resuscitation (CPR) must be included in training, or if employers should invest in automated external defibrillators (AEDs). These issues have become more relevant as dealerships manage both traditional workplace hazards in service departments and new risks associated with electric vehicles and charging stations. While OSHA’s first aid standards provide a general framework, they leave important details open to interpretation. This article reviews the federal requirements and offers practical guidance for dealerships. Employers in State Plan states should be aware that their obligations may be broader than federal OSHA.
What is considered “adequate” when providing first aid supplies?
OSHA requires employers to provide “adequate” first aid supplies, but the term is not defined in detail. There is the American National Standard Institute (ANSI) Z308.1, which is a widely recognized standard that speaks specifically to kit contents, but OSHA has not adopted them to make them mandatory. (Like the Pirate’s Code: they’re more like guidelines than actual rules.)
Even though ANSI Z308.1 was not adopted, it is not something you can just disregard. When OSHA or a court tries to figure out what the term “adequate” means, they will invariably look to ANSI as the baseline of what is acceptable. If your kits fall short of these content recommendations, you may expose yourself to a citation unless you do a solid hazard assessment to back up why your different approach is just as protective.
How many kits do I need to provide, and where do I put them?
OSHA does not prescribe a fixed number of first aid kits based on facility size or headcount. Employers should evaluate the layout and operations of the dealership to determine placement and ensure accessibility. As a best practice, a kit should be located in the office or showroom, with a larger, well-stocked kit in the service department. Kits should be placed in conspicuous, accessible locations with clear signage, such as a “FIRST AID STATION” designation.
When referring to clinics and hospitals, what does “near proximity” mean?
In lower-risk workplaces, a response time of up to 15 minutes may be considered acceptable. Because dealership service departments involve heavy equipment and higher-severity hazards, employers should plan for the shorter 3–4 minute standard.
When an infirmary, clinic, or hospital is not located in “near proximity,” employers must ensure that employees are trained to render first aid. In a letter of interpretation dated January 16, 2007, about the first aid kit regulation, OSHA explains what “near proximity” means in this context:
“While the first standards do not prescribe a number of minutes, OSHA has long interpreted the term ‘near proximity’ to mean that emergency care must be available within no more than 3-4 minutes from the workplace. Medical literature establishes that, for serious injuries such as those involving stopped breathing, cardiac arrest, or uncontrolled bleeding, first aid treatment must be provided within the first few minutes to avoid permanent medical impairment or death. Accordingly, in workplaces where serious accidents such as those involving falls, suffocation, electrocution, or amputation are possible, emergency medical services must be available within 3-4 minutes, if there is no employee on the site who is trained to render first aid.”
So, three to four minutes, and that’s not long at all. I don’t know about you all, but it takes me three to four minutes just to leave my house, get in my car, and take the onramp to meet traffic on the 405. Other things that are three to four minutes: Europe’s “The Final Countdown,” Morgan Wallen’s “Whiskey Glasses,” and Taylor Swift’s “Blank Space.” All of this is to say that “near proximity” is pretty close in time, and we can consider it to be a fairly immediate response.
OSHA does exercise discretion, however. For example, OSHA suggests that accidents in the workplace where the possibility of a serious work-related injury is less likely (like those in a traditional office building) allow for a longer response time of up to fifteen minutes is still considered reasonable. That said, we want to treat your dealership as a collective whole that operates heavy machinery in the service department, where the gravity of work-related injuries can be very serious.
Do I also need to train my staff on CPR?
OSHA requires first aid training when outside medical services are not in close proximity. While CPR is not explicitly mandated, it has become a widely accepted component of adequate first aid. Alternatively, it would be difficult to argue to OSHA enforcement that a worker is “adequately trained to render first aid” when they have not been trained to properly administer CPR. It is like calling yourself a seasoned technician, having the ability to do most repair services, but not having the knowledge to change brake pads. The best practice is to ensure that designated employees are trained in both first aid and CPR.
Do I need to have AEDs?
Federal OSHA does not require AEDs. However, AEDs are proven to significantly increase survival rates during cardiac arrest, and some states and municipalities do impose AED requirements in certain workplaces. Even where not mandated, many employers view AEDs as a prudent investment.
Dealers considering whether or not to supply AEDs makes total sense because they range from $750 to $1,500 per machine, and multiple machines add up! Federal OSHA does not require AEDs, and, relatively speaking, the AED is a rather new concept that was not widely accepted and used until the 1990s (while CPR became popular in the 1970s).
Even where not mandated, many employers view AEDs as a prudent investment because AEDs have been shown to significantly increase the chances of survival. In an article published by the National Institutes of Health (NIH), survival rates increase from 9% with CPR alone to an astounding rate of 38% when a shock from the AED is also delivered. Advancement of technology has made these machines extremely easy to use and requires nothing more than placing pads and following audio and visual prompts from the machine.
Where can I train my employees on first aid, CPR, and AED?
As a Gen Z friend told me, “let them cook” means letting someone else continue doing what they are good at, and that is precisely what we at ComplyAuto did. We tapped the experts at the American Red Cross to provide first aid, CPR, and AED training to all of our clients. Their services range from in-person to virtual training to best fit your needs. If you would like more information, current clients can reach out to their dedicated Client Success Manager for more information.
Questions? Ask or Call Us on our Hotline!
Existing ComplyAuto Safety clients can schedule a call with their dedicated client success manager to get started. All other interested parties can schedule a demo or contact us at info@complyauto.com.
Additionally, ComplyAuto now offers the ComplyAuto Hotline! Subscribers can call the Hotline number, and our compliance experts will be available to offer guidance and answer any auto retail related compliance questions.