Decree of the Government of the Russian Federation of December 30, 2011 N 1232 Moscow “On the procedure for providing services to employees of the internal affairs bodies of the Russian Federation, certain categories of Russian citizens

1. What is first aid? Does a citizen have the right to provide first aid without being a professional medical worker?

Federal Law No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” defines first aid as a special type of assistance provided by persons without medical education in case of injuries and emergency conditions before the arrival of medical personnel. According to Part 4 of Art. 31 of this law, every citizen has the right to voluntarily provide first aid if he has the appropriate training and (or) skills.

2. Who is responsible for providing first aid to victims?

The law establishes the obligation to provide first aid for persons who, due to their professional duties, are the first to be at the scene of an accident with victims (rescuers, firefighters, police officers). Among ordinary eyewitnesses of the incident, the obligation to take measures to provide first aid arises for drivers involved in an accident (clause 2.5 of the Road Traffic Rules of the Russian Federation).

3. Is there any liability for failure to provide first aid?

Persons obliged to provide first aid are subject to liability for failure to provide first aid, up to and including criminal liability. For ordinary eyewitnesses of the incident who provide first aid voluntarily , no liability for failure to provide first aid can be applied. Special standards have been established for drivers involved in road accidents. Taking measures to provide first aid is one of the driver’s responsibilities in connection with an accident, for failure to comply with which the driver faces administrative liability and punishment in the form of an administrative fine (Part 1 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation). In the event that a citizen knowingly left a victim in a helpless state without the possibility of receiving help, he may be prosecuted ( Article 125 “Leaving in danger” of the Criminal Code of the Russian Federation).

4. Does legislation provide for “incentives” for providing first aid?

If the court decides on the issue of holding a person liable for causing harm to life or health, providing first aid to the victim is taken into account as a circumstance mitigating punishment (clause 2, part 1, article 4.2 of the Code of the Russian Federation on Administrative Offenses; clause “k”, part 1 Article 61 of the Criminal Code of the Russian Federation). For example, for causing minor or moderate harm to health as a result of an accident, Art. 12.24 of the Code of the Russian Federation on Administrative Offenses provides for an alternative punishment. At the discretion of the court, the causer of harm may be sentenced in the form of a fine or deprivation of the right to drive a vehicle (Article 12.24 of the Code of the Russian Federation on Administrative Offences). The fact of providing first aid to the victim may contribute to the imposition of a more lenient punishment, that is, a fine. In addition, providing first aid can reduce the medical consequences of the injury; accordingly, the victim will be classified as harm of lesser severity.

5. Is it possible to be held accountable for improper first aid?

Due to the fact that human life is proclaimed to be the highest value, the very attempt to protect this value is placed above a possible error during first aid, since it gives the person a chance to survive. Criminal and administrative legislation does not recognize as an offense causing harm to legally protected interests in a state of extreme necessity, that is, to eliminate a danger that directly threatens the person or rights of a given person, if this danger could not be eliminated by other means (Article 39 “Extreme necessity” of the Criminal Code Russian Federation; Article 2.7 “Extreme necessity” of the Code of the Russian Federation on Administrative Offenses). Currently in the Russian Federation there are no judicial precedents for bringing to legal liability for unintentional harm during the provision of first aid.

Legal safety when providing first aid to victims

• Civil Code of the Russian Federation No. 51-FZ dated November 30, 1994, part 2, edition dated July 17, 2010
• Criminal Code of the Russian Federation No. 63-FZ dated June 13, 1996, as amended on July 1, 2010
• Code of the Russian Federation on Administrative Offenses No. 195-FZ dated December 30, 2001, as amended on July 27, 2010
• Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases”
• Federal Law of December 21, 1994 No. 68-FZ “On the protection of the population and territories from natural and man-made emergencies”
• Excerpts from the Labor Code of the Russian Federation Federal Law No. 197 of December 30, 2001 Article 212. Obligations of the employer to ensure safe conditions and labor protection
• Article 225. Education and training in the field of labor protection.
• Article 228. Obligations of the employer in the event of an accident at work.

Legal aspects of first aid

Why do you need to know first aid rules? Rules of law governing the provision of first aid. Procedure for training employees. Composition of a first aid kit. Causing harm through negligence. An urgent need. Leaving in danger. Call an ambulance.

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Should I or should I not provide first aid? This question will probably never find its correct solution. Of course, there are often cases when, while providing first aid, we cause even greater harm to the victim. This happens, including due to the lack of special skills or the inability to make a correct diagnosis.

In this situation, the majority prefers to take the simplest path and decides for themselves never to help the victim, which means it is not necessary to learn first aid skills. Unfortunately, this logic does not pass the test of practice.

Helping a person in trouble is a basic principle of the cultural and historical code of the Russian people. This is in the consciousness at the level: “What is good and what is bad.”

Imagine that you witnessed an elderly woman slip and fall. What is the first impulse that any adequate person will experience? Right. He will try to lift her. If she ends up with a broken leg, then our actions may well cause her more harm.

The second reason why we need to know at least minimally the rules of first aid is statistical data. According to statistics, among all accidents that resulted in the death of the victim, only 20% received injuries incompatible with life. The remaining 80% died as a result of first aid not provided, incorrectly or late.

Any person should know how, at least, not to harm the victim and himself.

Rules of law governing first aid

The Labor Code clearly defines the employer’s obligation to train workers in first aid skills, and obliges the workers themselves to undergo such training.

Labor Code of the Russian Federation, Article 212. Responsibilities of the employer to ensure safe conditions and labor protection.

The employer is obliged to provide:

... training in safe methods and techniques for performing work and providing first aid to victims at work ...

Labor Code of the Russian Federation, Article 214. Responsibilities of an employee in the field of labor protection

The employee is obliged:

... undergo training in safe methods and techniques for performing work and providing first aid to those injured at work...

Resolution of the Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation of January 13, 2003 N 1/29 “On approval of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations” determines the timing and form of such training.

2.2.4. The employer (or a person authorized by him) organizes periodic, at least once a year, training for workers in blue-collar professions to provide first aid to victims. Newly hired employees undergo training in providing first aid to victims within the time frame established by the employer (or a person authorized by him), but no later than one month after hiring.

Therefore, all workers must have first aid skills.

Order of the Ministry of Health and Social Development of Russia dated May 4, 2012 N 477n “On approval of the list of conditions for which first aid is provided and the list of measures for providing first aid” defines the list of conditions for which first aid is provided:

• Lack of consciousness;
• Stopping breathing and blood circulation;
• External bleeding;
• Foreign bodies in the upper respiratory tract;
• Injuries to various areas of the body;
• Burns, effects of exposure to high temperatures, thermal radiation;
• Frostbite and other effects of exposure to low temperatures;
• Poisoning.

Please note that these are conditions when first aid can be provided without violating the integrity of the skin and without any medications. Any medications can only be given by a doctor.

The first aid kit, which should be at the enterprise, does not even contain brilliant green for this very reason.

Order of the Ministry of Health and Social Development of the Russian Federation dated March 5, 2011 N 169n “On approval of requirements for the provision of first aid kits with medical products for providing first aid to employees.”

Contents of a first aid kit for workers:

• Medical products for temporarily stopping external bleeding and dressing wounds. (tourniquet, bandages, plaster, napkins);
• Medical products for cardiopulmonary resuscitation. (“mouth – device – mouth”);
• Other medical products. (scissors, gloves, blanket);
• Other means. (notebook, pen, bag, pins).

The circle of persons who have the right to provide first aid is also legally defined.

Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation.”

First aid before the provision of medical care is provided to citizens in case of accidents, injuries, poisoning and other conditions and diseases that threaten their life and health, by persons obliged to provide first aid in accordance with federal law or with a special rule and having appropriate training, including employees of the internal affairs bodies of the Russian Federation, employees, military personnel and employees of the State Fire Service, rescuers of emergency rescue units and emergency services...

Drivers of vehicles and other persons have the right to provide first aid if they have appropriate training and (or) skills.

Please note that having a right does not mean having an obligation. Moreover, in case of causing serious harm to health, criminal liability is provided.

Criminal liability for causing harm to health through negligence occurs in the following cases:

• Article 109 of the Criminal Code of the Russian Federation. Causing death by negligence;
• Article 118 of the Criminal Code of the Russian Federation. Causing grievous bodily harm through negligence.

Serious harm is characterized by threat to life or loss of ability to work.

However, first aid is very often in a state of emergency. If harm is caused to prevent greater harm, then criminal liability does not arise.

Criminal Code of the Russian Federation, Article 39. Extreme necessity

1. It is not a crime to cause harm to interests protected by criminal law in a state of extreme necessity, that is, to eliminate a danger that directly threatens the personality and rights of a given person or other persons, the legally protected interests of society or the state, if this danger could not be eliminated by other means and at the same time the limits of extreme necessity were not allowed to be exceeded.
2. Exceeding the limits of extreme necessity is considered to be the infliction of harm that is clearly inconsistent with the nature and degree of the threatened danger and the circumstances in which the danger was eliminated, when harm was caused to the specified interests equal to or more significant than that prevented. Such an excess entails criminal liability only in cases of intentional harm.

True, the damage caused will still have to be compensated.

Civil Code of the Russian Federation Article 1067. Causing harm in a state of extreme necessity

Damage caused in a state of extreme necessity, that is, to eliminate a danger threatening the causer of harm or other persons, if this danger under the given circumstances could not be eliminated by other means, must be compensated by the person who caused the harm.

On the other hand, if you do not help a person who needs first aid, your actions can be interpreted as leaving you in danger.

Criminal Code of the Russian Federation, Article 125. Leaving in danger

Knowingly leaving without help a person who is in a condition dangerous to life or health and is deprived of the opportunity to take measures for self-preservation due to childhood, old age, illness or due to his helplessness, in cases where the perpetrator had the opportunity to help this person and was obliged to take care of him or he himself put him in a condition dangerous to life or health

The minimum action that will clear you of possible charges of leaving in danger is to call an ambulance. True, by the time she arrives, the opportunity to save a life may be missed.

Procedure for calling an emergency medical team

• Name the street and house number closest to the scene of the incident. If you are outside the city, name the well-known landmarks of the scene of the incident and the route to it.
• Indicate the time of the incident or the discovery of its consequences.
• Be sure to report any additional hazards.
• Name the number of victims, whether there are children or pregnant women among them.
• Give the names, gender and age of the victims. For unknown persons - gender and approximate age.
• Identify yourself and provide your phone number.
• If possible, arrange a meeting with the emergency medical team.

So should you provide first aid or not?

• An unconscious person can be helped.
• If the person is conscious, it is necessary to obtain his permission. If he refuses, you cannot help.
• If a child under 14 years of age has no relatives (due to his infancy he is deprived of the opportunity to take measures for self-preservation), assistance can be provided, otherwise the consent of his relatives must be asked.
• If the victim poses a danger, it is better not to provide assistance.
• There is no need to obtain consent for suicide attempts.

First aid training for victims at work

Often employers know that, on the basis of Art. 212 of the Labor Code of the Russian Federation, employees are required to organize first aid training; many consider it sufficient to equip a first aid station at the enterprise, have a nurse or paramedic on staff, or purchase first aid kits, place them in departments and that’s all, nothing else needs to be done.

But this is not entirely true, because competent provision of first aid to a person injured at work, if an accident occurs or the employee’s health has failed, can save a person’s life - this is a priority. And many people adhere to this position - do no harm and are afraid to do something and help a colleague.

And why all? Because they don’t know and don’t know how. If I had even the slightest confidence in my actions, such thoughts would not arise. And they do it right. After all, training in the Labor Code sounds exactly like first aid, neither medical nor pre-medical, but namely first aid.

Employer's obligation

In order to understand this issue step by step, you need to start small and move towards more, and for this you need to understand what exactly is the employer’s responsibility in terms of first aid at work.

So, it is not only Art. 212 of the Labor Code of the Russian Federation, but also Art. 225 of the Labor Code of the Russian Federation, and the rules for conducting training are regulated by clause 2.4.4. Order 1/29.

But the whole point is that in the Order there is no clear plan for the design of training, its implementation, you can only guess and build your theory by studying other legal acts.

Employee's duty

After signing an employment contract, the employee is obliged to comply with the requirements of the Labor Code in terms of Art. 214 of the Labor Code of the Russian Federation and learn the rules of first aid in the organization.

And what these responsibilities include, you can find out from the Appendix of the order of the Ministry of Social Health Development No. 477n, and there are preventive measures, in short, you need:

1. Determine the threat to the life and health of the victim.
2. Eliminate hazards whenever possible.
3. Call an ambulance.
4. Informing the immediate supervisor.
5. Based on the contents of the first aid kit, provide appropriate assistance (if possible, stop the bleeding, lay him on his side, perform artificial respiration, and so on).
6. Monitor the condition of the victim.
7. Wait for the ambulance to arrive.

It is worth noting the fact that, on the basis of Part 4 of Art. 31 Federal Law No. 323 “On the fundamentals of protecting the health of citizens in the Russian Federation”, every citizen has the right to voluntarily

provide first aid if he has the appropriate skills to do so.
But there is Article 25 of the Criminal Code of the Russian Federation about “Leaving in danger”, it refers specifically to an employee who witnessed an accident and implies his responsibility if he passes by the victim and does not report the incident.
That is, it turns out that employees must undergo first aid training and do not have the right to simply up and leave, having witnessed an accident, without providing basic assistance, without informing the employer about it, because timely information is also their direct responsibility (Article 214 of the Labor Code of the Russian Federation) .

Which workers should receive first aid training?

Novice occupational safety specialists are also sometimes confused about which worker should be trained in providing first aid to victims, and they should “shed some light” and add specifics.

So, on the basis of clause 2.2.4 of Order 1/29, the employer is obliged to provide first aid training to blue-collar workers within a month from the date of employment.

The frequency of first aid training is once a year, and since blue-collar workers are trained in occupational safety rules annually, these two types of training are usually combined. This is both convenient and acceptable.

First aid training for managers and specialists is also required (Article 225 of the Labor Code of the Russian Federation), but without any specific timing, because in Training Procedure 1/29 there is no information regarding these workers.

Therefore, it is logical to combine this type of training for managers and specialists with occupational safety training and conduct it once every 3 years.

An organization must have training in this area; if you cannot prove to the inspector that it has actually been carried out, you will face administrative liability (Article 5.27.1 of the Code of Administrative Offenses):

• for officials from 15,000 to 25,000 rubles;
• for legal entities from 110,000 to 130,000 rubles.